תנאי שימוש

1.1 The following terms of use apply to the use of the website www.bneto.co.il (hereinafter: “the Website”). For the avoidance of doubt, the term “the Website” refers to the Website in all its parts and to the Website content of any kind, including all information and content contained on the Website, whether visible to users or not. In addition, the term “the Website” shall also refer to parts of the Website that are accessed through other addresses and similar domain names.

1.2 Use of the Site indicates your agreement to the Terms of Use, in their entirety and in their entirety, and constitutes your agreement to the Terms of Use in your conduct. The User is requested to read the Terms of Use carefully.

1.3 The site is managed and operated by Net Performance Ltd.

1.4 The Terms of Use govern the relationship between Net Performance Ltd. and any surfer, viewer, user of the site or the information contained therein and/or recipient of information and/or service advertised on the site, directly or indirectly (hereinafter: “the user” or “the users”).

1.5 The Terms of Use apply to the use of the Site and the content contained therein via any computer or other communication device. The Terms of Use also apply to the use of the Site whether via the Internet or via any other network or means of communication.

1.6 In the Terms of Use, the terms “information” or “content” or “contents” include information of any kind, including any verbal, visual, audio, audio-visual content or any combination thereof, as well as the design, processing, editing, distribution and presentation of the content, including (but not limited to): image, photograph, illustration, animation, diagram, simulation, video, audio file, as well as any object, software, file, computer code, application, format, protocol, electronic form, database and interface, and any character, symbol, symbol and icon.

1.7 Any reference to a part of the Site refers to any particular part of the Site's content, including any page on the Site or part of a page, or any object, feature, option, application or other part of the Site, as may be the case from time to time.

1.8 In these Terms of Use, “computer” – including any device or means that allows access to content via the Internet, such as: a smartphone, a tablet, etc.

1.9 The terms of use of the site are formulated in the masculine form for convenience purposes only, and they apply to both women and men.

The contents of the site and the information presented therein
2.1 The site as a whole, including all the information appearing therein and the software underlying it, are offered to users as they are.

2.2 Net Performance Ltd. makes efforts to ensure that the information contained on the site is accurate and up-to-date, however, certain content may be incomplete and/or technical and other errors may have occurred in certain content, including in software components. Net Performance Ltd. will not be liable for any damage, expense and/or loss caused to users due to errors and/or inaccuracies in the aforementioned information.

2.3 The user is aware and agrees that access to parts of the site may be conditional on and/or affected by the installation of hardware and software components on his computer, including certain browsers and add-ons for those browsers. The user is responsible for finding out and installing any software component required for use of the site, at his own expense and responsibility. Net Performance Ltd. is not responsible for these software components or any defects therein, or for any error or inconsistency in the presentation of the content resulting from the software components, their installation or failure to install them. Access to the site and the content and their presentation may vary depending on the hardware features, operating system and software on the user's computer and their settings. Net Performance Ltd. does not guarantee that the content will be displayed in full and/or identically and/or correctly on different computers.

2.4 Net Performance Ltd. clarifies that the information presented on the site does not constitute a recommendation, opinion, advice and/or offer to purchase a product and/or unit in any project or to provide a service. Any reliance on the information presented on the site is the sole responsibility of the user, and Net Performance Ltd. will not be liable as a result of the user's reliance on the information and/or the extent to which the information is suitable for the user's use and/or needs. Net Performance Ltd. is not responsible for content originating from third parties and does not guarantee the accuracy of such content.

2.5 The transmission of information to or from the Site does not create any legal relationship between the User and Net Performance Ltd. , except for the User's legal obligations as specified in these Terms of Use. The rights of the parties are those specified in these Terms of Use, and the use of the Site or such transmission does not confer any additional rights.

2.6 To the extent that prices for units, properties or services are displayed on the Site, the prices displayed on the Site are minimum prices (“starting from”) for that type of unit, property or service, and do not necessarily include any additional, accessory or supplementary service that may be associated with them. Net Performance Ltd. reserves the right to update or amend the prices.

2.7 To the extent that the website displays images and/or simulations of various products, these are displayed on the website for illustrative purposes only; they are not necessarily identical to the product and the user cannot rely on them.

2.8 Net Performance Ltd. may limit access to the Site or parts thereof to different types of users and/or its customers and/or to some of them and/or condition access to them to users who register on the Site or who confirm their consent to certain special conditions.

Copyright
3.1 The website as a whole and the information appearing therein, including its content (and without derogating from the generality of the foregoing – also its design, its software applications, the names and trademarks and any other details appearing therein or embodied therein), are the exclusive property of Net Performance Ltd. or of third parties who have permitted Net Performance Ltd. to use them and are protected by law, including the laws of the State of Israel, international treaties and the laws of foreign countries. Without derogating from the generality of the foregoing, the rights in any trademark of Net Performance Ltd. shall remain its exclusive property and users are not permitted to make any use of it.

3.2 The user undertakes to act in accordance with the above laws and conventions and is prohibited from causing any change or distortion of the information, copying, publishing, distributing, broadcasting, displaying, performing, reproducing, issuing a license, creating derivative works or selling or renting any part of the information contained on the site and/or making use of the names and trademarks displayed on the site, without the prior written consent of Net Performance Ltd.

Links to Other Sites (Links)
The Site may contain links to websites that are not operated by Net Performance Ltd. (hereinafter: “Links”). The links are provided for the convenience of the user only and Net Performance Ltd. has no control over these sites and is not responsible for the content that appears on them. The inclusion of links on the Site does not indicate support for the content displayed on these sites or any other connection to these sites or their operators. Net Performance Ltd. does not warrant the correctness of the links or that these links are directed to the sites to which each electronic pointer purports to link. Net Performance Ltd. may, at its sole discretion, remove any link from the Site and/or add additional links.

Compliance with the Privacy Policy
Net Performance Ltd. attaches great importance to maintaining the privacy of users of the site. Net Performance Ltd. 's privacy policy is detailed on this site and forms an integral part of these terms of use. Since the privacy policy may change from time to time, the user is advised to return to and read the policy document from time to time. Use of the site also constitutes consent to the privacy policy.

User Obligations
6.1 The user undertakes not to perform actions on the site that may restrict or prevent others from using the site, and not to use the site in a manner that is inconsistent with any law, including any change or deletion of information or content.

6.2 The user undertakes not to perform any action that constitutes forgery, impersonation, deception or fraud.

6.3 The user undertakes not to upload, retrieve, broadcast, distribute or publish information or other content that includes advertising of any kind, without express prior permission from Net Performance Ltd.

6.4 The user undertakes not to make any commercial use of the information and content on the site, or any part thereof.

6.5 The user undertakes to indemnify and compensate Net Performance Ltd. immediately upon its demand for any damage, direct or indirect, and/or any expense incurred by Net Performance Ltd. in connection with a claim and/or demand arising from use of the site, including any action that is contrary to these terms of use or the provisions of any law, and including for any infringing content that the user publishes on the site.

6.6 The user agrees that, without prejudice to any other right of Net Performance Ltd. , in cases where Net Performance Ltd. fears that the user's use does not comply with the provisions of the Terms of Use and/or any law, Net Performance Ltd. may take any action it deems appropriate to take to protect its property and/or rights and the rights of other users, including, inter alia, preventing the user from accessing the site and documenting and/or tracking the user's use of the site. It is also clarified that Net Performance Ltd. may transfer details regarding the user's identity and actions taken on the site to third parties, including in the event that the third parties prove, to the satisfaction of Net Performance Ltd. , that they are victims of the user's infringing activity.

6.7 To the extent that the user has received a password or access code or authorization for the purpose of using the site or any part thereof, he undertakes not to disclose the password or access code to any other person and not to allow any other person to use them or the authorization. The user will be responsible for any use made using his password, access code or authorization.

Publishing content on the site by users
7.1 Content originating from site users is published on the site. This content is published in the sections of the site designated for this purpose, such as communities, discussion groups (forums) and comments (talk-backs).

7.2 Net Performance Ltd. encourages freedom of expression and the existence of a fruitful discussion on the site, with the active participation of users. However, in order to enable the existence of a cultural and substantive discourse and to prevent abuse of the possibilities open to users to express themselves on the site, Net Performance Ltd. may review such content before its publication on the site and even after its publication. Such reviews will be conducted to try to prevent the publication of hate speech, threats, expressions of rudeness, slander, as well as content that is illegal on its face and/or inconsistent with the terms of use or with the nature and goals of the site. In these reviews, Net Performance Ltd. may exercise discretion, which is not necessarily legal.

7.3 The contents are not published on behalf of Net Performance Ltd. and do not express Net Performance Ltd.'s position or opinion, and their publication does not guarantee their validity, reliability, accuracy or legality. Therefore, Net Performance Ltd. is not responsible for contents uploaded by users and is not responsible for their reliability, reliability, accuracy or completeness and is not responsible for any result that may result from their use or reliance on them. The sole responsibility for the aforementioned contents and for any result resulting from them applies to the user who submitted them for publication.

7.4 Users of the site are asked to treat content published on the Internet, including content published by other users of the site, with caution and criticality. The user of the site should remember that the information presented on the site is not a substitute for consultation with appropriate professionals where such consultation is required.

7.5 When sending or submitting content for publication on the Site, the User bears full and exclusive responsibility for any consequences resulting from the publication. The User must ensure that such content is legal. Among other things, and for example only, a User is prohibited from publishing the following content on the Site (hereinafter: “Infringing Content”):

• Any content known to the user to be false, misleading or distorted or likely to mislead other people;
• Any content that may encourage, solicit, incite or assist another to commit an act prohibited by law;
• Any content that defames any person, or violates their privacy, reputation, or trade secrets;
• Any content that is harassing, offensive, hostile, threatening or vulgar in nature or content;
• Any pornographic or sexually explicit content;
• Any content that concerns minors and identifies them, their personal details or their address and methods of contacting them;
• Any content that personally identifies other people, without their consent to the publication of their identity;
• Any content that contains, or encourages, racism or unlawful discrimination based on race, origin, skin color, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, belief, political opinion, or socioeconomic status;
• Any content that infringes or violates the proprietary rights of others – including copyrights and trademarks;
• Marketing or advertising content on behalf of the user intended to promote his interests or those of someone on his behalf;
• Any computer software, computer code or application that includes a computer virus (“virus”), spyware, etc., including hostile features known as Trojan horses, worms, vandals, malicious applications, adware, etc.;
• Passwords, usernames and other details that enable the use of computer software, digital files, websites or services that require registration or payment, without payment or registration;
• Any content of a commercial advertising nature, for which Net Performance Ltd. has not given express prior permission to publish it;
• Any content to which access is blocked (via a password, etc.) or which is not free to all Internet users or which requires payment or registration;
• Any content that may establish legal liability and/or a basis for a claim or civil liability against the advertiser and/or any other person;
• Any content that is contrary to the accepted rules of use on the Internet or that may cause harm or injury to Internet users in general and to users of the site in particular;
• Any material that harms or may harm Net Performance Ltd.

7.6 Net Performance Ltd. may refuse to publish, or immediately delete any content submitted by a user for publication, at any time it finds – whether on its own initiative or at the request of another person – that the content is infringing content or may harm the services provided by Net Performance Ltd. and/or its users, all in accordance with the sole discretion of Net Performance Ltd. These provisions are in addition to Net Performance Ltd.'s rights under any law. Net Performance Ltd. may also remove any such infringing content and/or block access to it. It is clarified that Net Performance Ltd. is not required to take any active action to detect and/or filter infringing material.

7.7 The user grants Net Performance Ltd. a non-exclusive, free and unlimited right of use in any content that the user chooses to upload to the site, and he waives any claim or demand against Net Performance Ltd. and any monetary or other right against it, for any use made of the content uploaded to the site.

Special conditions for Net Performance Ltd. customers who have registered to use designated parts of the site
8.1 The site may include and/or include in the future designated parts and/or features, intended for use by Net Performance Ltd. customers who have purchased products from it, and which will provide such customers with relevant information and/or features, subject to the sole discretion of Net Performance Ltd. (hereinafter: the “Customer Site”).

Limitation of Liability
9.1 The use of the Site is at the sole risk of the User. Net Performance Ltd. does not bear any responsibility or liability for any disruption, error or omission in the content of the Site. Net Performance Ltd. will not be liable for any direct, indirect, consequential or incidental damage due to access to and use of the Site or due to any prevention of access to or use of the Site, whether on contractual grounds or tortious grounds. Net Performance Ltd. is not liable for any damage, including due to a computer virus (“virus”), hostile features known as Trojan horses, worms, vandals, malicious applications, spyware or software applications of any kind to the User’s computer equipment or to any other property of the User, which may be caused by browsing or using the Site, including by downloading information from the Site.

9.2 The user is aware that Net Performance Ltd. cannot monitor any information and messages uploaded, if uploaded and displayed on the site, by other users, and is not responsible for any publication by such third parties.

Miscellaneous Provisions
10.1 Net Performance Ltd. may at any time make changes to the Site, remove any part of the Site and add to it, from time to time, by updating the Site, as well as stop and start the Site's activity, refuse to grant access to the Site or parts thereof to any User, all at the sole discretion of Net Performance Ltd. and without prior notice, and the User shall have no claim against Net Performance Ltd. in this regard. Without derogating from the generality of the foregoing, Net Performance Ltd. is not obligated to retain the information and content of the Site, whether it originates from the Site or from users or other parties, and it may delete it.

10.2 If it is determined that any term of the Terms of Use is invalid or unenforceable, then the terms whose validity is denied or unenforceable will be deemed to have been replaced by valid and enforceable terms whose content corresponds to the greatest extent possible to the meaning and intent of the original terms, while the remaining terms of use will remain in effect.

10.3 Net Performance Ltd. may assign its rights and obligations under these Terms of Use, or any part thereof, to any third party as it deems appropriate and without any obligation on the part of Net Performance Ltd. to publish the assignment, as aforesaid, on the Site.

10.4 The user may not assign, transfer or transfer his rights and obligations under these Terms of Use, or any part thereof, or any account or permission granted to him for the website or any part thereof.

10.5 All activity on the site and everything related and entailed therein, including the terms of use, will be subject to Israeli law only, and the exclusive jurisdiction in any dispute relating to the site and its use and the terms of use will be vested in the competent courts in the Tel Aviv District, Israel.

10.6 Net Performance Ltd. reserves the right to make changes to the Terms of Use at any time, at its discretion, and without prior notice, and any change to the Terms of Use will enter into force immediately upon its publication on the Site, within the framework of the Terms of Use, unless otherwise stated. It is the user's responsibility to check and update the Terms of Use from time to time.

10.7 Any questions or problems related to the website or its terms of use, as well as any suggestions for improvement or recommendations, should be directed to: Noam@ari-group.co.il .

10.8 The user's use of the site constitutes a declaration and confirmation on his behalf that he has read these regulations, understood their contents, and agreed to their provisions. The user waives this in advance and will not be entitled to make any claim and/or demand against Net Performance Ltd. or anyone on its behalf with respect to the issues regulated in these regulations.

Contacting customers via digital means
11.1 When placing an order, the customer gives his consent to contact from representatives of Net Performance Ltd. via various digital means such as email, WhatsApp, telephone, SMS, etc., in accordance with Section 30A of the Communications Law (Telecommunications and Broadcasting) 1982.

11.2 It is possible that after entering the website, the customer will begin to encounter advertisements on social networks such as Facebook, Instagram and Google, due to the method of matching advertisements in these companies. It is clarified that Net Performance Ltd. has no control or decision on the matter.