Terms of Use –
NewMed Energy Limited Partnership
These Terms and Conditions (the “T&Cs“) set forth the terms and conditions for the use of the www.delekdrilling.co.il website (the “Website“). The Website is owned by NewMed Energy Limited Partnership (“NewMed Energy“). By using and/or making any attempt to use the Website you (“User“) accept the terms of these T&Cs (the “Website’s T&Cs”) and Additional Terms (as defined below), and undertake to be bound by them. Additional Terms and the Website’s T&Cs shall be collectively referred to as the “Terms of Use“.
If you do not accept any of the Terms of Use, please stop using the Website.
The Terms of Use of the Website are worded in the masculine form solely for convenience purposes, and equally refer to women. NewMed Energy reserves the right to change the Terms of Use from time to time. Any such change shall take immediate effect in accordance with its terms (e.g., from the date of publication thereof on the Website).
- Preamble, Interpretation and Definitions
- Definitions. In these Terms of Use the following terms shall have the meaning set forth herein:
- “Content” – including any information, data or content of any type whatsoever, including any verbal, visual, audio, audio-visual content, and including texts, images, sound, video, on any media and on any end-device, presently existing and/or that shall exist in the future and/or any combination thereof, including reports, articles, news, reviews, data, files, advice, analyses, recommendations, guidelines, assessments and any other content and/or information, in whatever format, as well as the design, processing, editing, distribution and manner of presentation thereof, including (but not limited to): any image, photograph, illustration, animation, diagram, form, imaging, sample, clip, audio file and musical file; any software, file, computer code, application, format, protocol, database, interface and any character, sign, symbol and icon.
- “Financial Content” – Content related to economic issues, description of projects related to NewMed Energy, including information about the capital markets, the prices of securities traded on the Tel Aviv Stock Exchange and of Israeli shares traded overseas, aggregate data about public companies, information concerning the foreign exchange market and other news of economic nature.
- “Commercial Content” – Content pertaining to various products and services, including announcements, advertisements, banners, etc.
- “Website Content” – Content accessible through the Website, including Financial Content and Commercial Content.
- “Deep Link” – a link to Content on any website, which is not the homepage of such website.
- Additional Terms. With respect to certain products and/or services, current or future, additional and/or other terms and/or conditions may apply (“Additional Terms“). Unless provided otherwise, the Terms of Use shall apply to the additional services in addition to the Additional Terms, if any.
- The Terms of Use are cumulative rather than alternative, and shall be interpreted as complimentary rather than as derogating from one another. NewMed Energy’s remedies under the Terms of Use are also cumulative.
- Minors. The Website is not designated for the use of minors. In order to use the Website the User must be over 18 years of age. NewMed Energy is unable to monitor the User’s age. NewMed Energy reserves the right at any time to require from any User information as proof of his age. To the extent NewMed Energy is informed that any User is under the age of 18, NewMed Energy reserves (among others) the right to stop the use of the Website, the Content, the products and/or the services offered therein. Such use may be reported to NewMed Energy via the contact information provided below.
- Use of the Website
- The T&Cs apply to the use of the Website, including all of its various products, services, Content and parts operating and/or available thereon. These T&Cs apply to use of the Website and the Website Content regardless of the means by which the Website is accessed (including computers and/or other telecommunication devices, such as cellular telephones, various types of handheld computers, etc.), the media through which the Website is accessed (including the internet and/or any other media or network) or the User’s location (in Israel or anywhere else in the world).
- NewMed Energy hereby grants the User a revocable, non-assignable, non-transferrable, personal right to view the Website and the Website Content. Each User warrants that he will use the Website in good faith, in accordance with and subject to the provisions of the Terms of Use and the provisions of any law.
- The Website may not be used for commercial purposes, unless explicit prior written approval has been given by NewMed Energy and subject to the terms of such approval (if provided). The creation of any link to the Website and/or any of the Website Content, including any Deep Link, is prohibited.
- NewMed Energy reserves the right to change from time to time the structure, appearance and design of the Website, and the scope and availability of the products and/or services therein.
- Representations and Warranties of the User. Each User represents and warrants that he is over the age of 18, that he may use the Website and the Website Content according to the Terms of Use, that he will use the Website and the Website Content only according to the Terms of Use and any applicable law, and that his use of the Website and Website Content will not breach any law or rights of any third party. Each User undertakes not to make any financial decision according to the Website, including not to trade in securities, products or services, of NewMed Energy and/or otherwise according to the Website Content. Each User confirms that it is clear to him that the Website is not intended for activity of this type.
- Use of Content
- The source of some of the Website Content is the Website editorial desk, while some is provided, managed and operated by content providers other than NewMed Energy. Although efforts are made to concentrate and process this Content, it is possible that errors may occur in the entry, processing and publication thereof. In addition, it is possible that the partial Content is out of date and that more recent Content was published at a later date. The obligation and responsibility to check and verify the Content lies entirely with the Use.
- In addition to the restrictions set forth herein, should use be made of Website Content (especially Financial Content) taken or originating from the stock exchange in Israel and/or stock exchanges in the world, such usage is further subject to the terms of use mandated by each respective stock exchange and the relevant securities authority in the location of the applicable stock exchange.
- Making Content public (especially the Financial Content and/or Commercial Content) does not constitute a recommendation or opinion regarding such Content and/or with respect to any transaction and financial conduct/dealing, including the purchase or sale of securities, products and/or services. Each User represents and warrants that he will not make such use of the Website Content and releases NewMed Energy, its employees, officers, shareholders and those acting on NewMed Energy’s behalf (the aforesaid together with NewMed Energy – “NewMed Energy Entities“), from and against any claims, demands, damages, costs and/or liability in connection with the aforesaid.
- It is clarified that the Content displayed on the Website may have been processed for purposes of the presentation thereof and displayed in a different and concise manner in comparison to its original form. Therefore, its presentation is not a substitute for reviewing NewMed Energy’s reports. In any case of conflict between the Website and/or the Content and the reports published by NewMed Energy, the reports shall prevail. The Content and the Website are made available to Users for the sake of summary and convenience only and are not a substitute for reviewing immediate and periodic reports published by NewMed Energy to the public, which include the full information about NewMed Energy.
- The Website and the Website Content, including other websites, electronic publications, printed publications, etc., may not be copied and may not be used, nor may others be allowed to use them, in any manner whatsoever, for any purpose, whether commercial or non-commercial, other than for purposes of personal viewing by the User.
- No computer application or other means, including Crawlers, Robots, etc., may be applied or allowed to be applied for purposes of searching, scanning, copying or automatically retrieving Content from the Website. This includes not creating nor using such means to create a compilation, collection or repository that will contain Content from the Website. No Content from the Website may be presented in a frame, whether visible or hidden. No Content from the Website may be presented, in any manner whatsoever – including via any software, device, accessory or communications protocol – which changes the design thereof on the Website or omits any Content therefrom, especially Commercial Content.
- Intellectual Property Rights and Ownership
- The Website and the Content are protected by copyright law or other applicable laws. User is strictly prohibited from making any changes, reverse engineering, copying, publishing, distributing, transmitting, displaying, performing, reproducing, licensing, creating a derivative work or selling any part of the Website and/or the Website Content without the express prior written consent of NewMed Energy.
- All intellectual property rights in connection with the Website and the Website Content, of any type and kind whatsoever (whether registered rights or rights that have not yet been registered), including the domain name, patents, trademarks, trade names, designs, copyrights, trade secrets, methods, look and feel and design of the Website and any matter or issue related to the Website or any Website Content, are the sole property of NewMed Energy or the third party who has provided NewMed Energy with the license to use them. The User is not granted any right in any of the foregoing (other than a right to view as set forth above).
- Third Party Content. The Website may display publications, advertisements, articles, information, services, products and/or other content of third parties, either by referring the User to third party websites and/or by displaying these on the Website (hereinafter “Third Party Content“). Without derogating from the aforesaid, the User’s use of Third Party Content is subject to documents of the applicable third party (such as bylaws, terms of use and/or privacy policy, etc.). It is clarified that all opinions, expressions of position, advice, statements, offers, information, services, products and/or any other content provided in such Third Party Content belong to the applicable third party. The existence of Third Party Content does not indicate that NewMed Energy endorses and/or is responsible for content appearing in Third Party Content nor does it constitute a guarantee for its reliability, correctness, accuracy, or legality and/or for the privacy policy and terms of use of the third parties responsible therefor. NewMed Energy is not responsible for any outcome resulting from the use of Third Party Content and recommends that each User will carefully read the terms of use and privacy policy pertaining to such Third Party Content he chooses to use and/or to the applicable third party in any case of a claim or request in such regard.
- Liability
- The Website as a whole, including all of the Website Content and Third-Party Content appearing therein are offered As-Is. It is NewMed Energy’s intention that the Content appearing on the Website will be correct, complete, and accurate, however, the Content may not be correct, complete, and accurate. In addition, technical or other errors may appear in the Content. NewMed Energy does not warrant that the Website and the Content shall be complete, correct, legal or accurate nor that they will meet the User’s expectations or requirements. NewMed Energy shall not be liable in any way for any result deriving therefrom, from use thereof or from reliance thereon.
- NewMed Energy reserves the right, at its sole and absolute discretion, at any time, to change the Website, Website Content, information, products and services available therein, including by adding, removing, terminating or limiting of any of them, changing the structure of the Website, the scope and availability of the Content, information, products and/or services offered therein and any other aspect relating to the Website, service and operation, without need for any prior notice. It is clarified that the User will not have any claim and/or demand and/or complaint against NewMed Energy with respect to the aforesaid.
- Pictures, features, models, design, visual objects or colors in the Content and the Website, are for illustration purposes only, unless otherwise specifically stated next to them and should not be relied upon.
- Privacy
- No “information”, as defined in the Privacy Protection Law, 5741-1981 (“Information“), is collected via the Website. The contact details the User provides are used for purposes of NewMed Energy’s business, operating the Website, contacting the User, answering the User’s inquiries, and protecting its rights and other rights according to the law. In addition NewMed Energy is entitled to use the Information for purposes of development, modification and improvement of the Website and the Content. The User is under no legal obligation to provide NewMed Energy with any Information.
- Third Parties. NewMed Energy reserves the right to transfer or enable third parties process Information pertaining to Users, for the aforesaid purposes. In addition NewMed Energy shall be entitled to transfer Information to third parties and/or enable the processing thereof for the following purposes:
- In a case where the disclosure of the Information is required by law and/or in legal proceedings and/or in a report required by a competent authority, and/or if NewMed Energy receives a court order instructing it to provide personal Information and/or other Information about a User to any third party.
- In any dispute, claim, lawsuit, demand or legal proceedings, if any, between the User and NewMed Energy Entities and/or any of its business affiliates.
- In the event that NewMed Energy transfers its activities to another entity in any way, merge with another corporation or merge the activities of the Website with the activities of a third party, provided that that corporation or third party accepts similar provisions to those provided in these Terms of Use.
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- Each User confirms that his consents with respect to Information about him shall also apply to other data including his personal affairs and other personal data.
- Use of Data Collection Technologies
- NewMed Energy may use cookies, Web Beacons, Web Pixels, Flash and/or other tracking technologies (hereinafter – “Data Collection Technologies“).
- In certain cases the Data Collection Technologies are stored on the User’s device and/or computer and may be used, inter alia, for purposes of verifying details, information security, the Content displayed to the User and/or automatically activating certain features.
- In most cases, Data Collection Technologies store information that does not directly identify the User, such as the web pages visited by the User, the duration of his search, etc.
- In some cases the Data Collection Technologies are installed in the browser used by the User. Modern web browsers include the option to avoid accepting “cookies” and the option to delete existing “cookies”. It should be noted that choosing not to allow the acceptance of “cookies” or alternatively the deletion of existing “cookies”, may impair the User’s enjoyment of using the Website.
- However, it should be noted that if User will delete or remove the Data Collection Technologies or will not allow their storage and/or if he changes the characteristics of Flash, the online experience of that User on the Website (in whole or in part) will be limited.
- Third parties such as Google Inc. that NewMed Energy uses to operate the Website (through services such as Google Analytics) may also use Data Collection Technologies and obtain data such as device ID, IP address and Advertising ID of the User. For more information on the technologies and practices of those third parties, click [here]. These services are considered Third Party Content.
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- NewMed Energy Data. NewMed Energy may collect aggregate data, statistics and other data derived from User Information and other data held by it (“NewMed Energy Data“). NewMed Energy Data is owned by NewMed Energy and each User waives any claim and/or right (including the right to any consideration) in connection therein.
- Transfer of Information outside Israel. NewMed Energy may transfer Information outside Israel and/or the European Union. It is possible that privacy and data protection laws in the jurisdiction to which the Information shall be transferred, are not as comprehensive as those provided in Israel and the European Union. In such a case NewMed Energy will endeavor to ensure a similar level of protection for User’s personal information. Each User hereby provides his consent to such transfer.
- Indemnification. Each User undertakes to indemnify and hold harmless each of the NewMed Energy Entities, immediately upon their first demand, for any damage, loss, loss of profit, liability, claim, demand, compliant, expense incurred by any of them (including reputational damage, economic and/or commercial damage, legal expenses and trial costs), arising, directly and/or indirectly, from the violation of the Terms of Use by the User and/or any act and/or omission of the User (including claims by third parties including other users).
- Jurisdiction and Conflict of Laws. The Terms of Use, the Website and the Content, including any use thereof and/or any claim and/or demand and/or complaint deriving from such use and/or relating thereto or deriving therefrom directly and/or indirectly will be governed solely by Israeli law, without giving effect to choice of law principles thereunder. The competent courts of Tel Aviv-Yafo shall have sole and exclusive jurisdiction over any and all matters relating to and/or arising from the aforesaid and the substantive and procedural law shall be Israeli law, which will supersede any principles of conflict of laws referring to the application of foreign law.
- Miscellaneous
- The Terms of Use constitute the entire agreement between the User and NewMed Energy regarding the use of the Website and replace any other understanding and/or consent, oral or written, pertaining to the use of the Website and its Content.
- In the event any one or more of the provisions of Terms of Use is for any reason held to be invalid, illegal or unenforceable, such provision(s) will be deleted from the Terms of Use and the deletion thereof will not affect the legality and validity of the remaining provisions of the Terms of Use. In such an event, the existence of another similar term shall be deemed enforceable instead of the deleted or removed term.
- Any delay, waiver, extension, laches or avoidance by NewMed Energy in exercising its rights and/or demanding compliance with any of these Terms of Use and/or agreement to deviate from the Terms of Use will not constitute a precedent, will not be considered a waiver and/or consent by NewMed Energy and may not be applied to another case.
- The Terms of Use do not create and will not be construed as creating any partnership, joint venture, agency, proxy or employer-employee relationship, between the User and NewMed Energy.
- Contact. Every User is welcomed to contact NewMed Energy according to the details in the “Contact Us” tab, or according to the details below. NewMed Energy Limited Partnership, [_______], to [_______]; by e-mail to [_______]