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Update Date : 13.01.12
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Update Date : 13.01.12
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Welcome to the Israeli Diamond Industry Portal ("the Portal"). The following terms and conditions define your rights and obligations as a user of the Portal. Please read the terms carefully. They form a binding agreement between you and the Portal's Operator - Israel Diamond Institute (IDI). About Us The Portal is managed and operated by IDI, at 1 Jabotinsky St., Ramat Gan, Israel. The Israel Diamond Institute was founded as a non-profit organization by the Ministry of Trade and Industry with the cooperation of institutes related to the diamond industry: the Israel Diamond Manufacturers Association ("IsDMA"), the Israel Diamond Exchange ("IDE"), the Histadrut and banks operating in this field. Its objective is to promote Israel’s diamond industry and strengthen its status in Israel and around the world. Who Can Subscribe? The Portal serves the general public. However, part of the Portal's services and contents are designated for subscribers only. Diamantaires, members of IDE or IsDMA, Owners of valid licenses to conduct diamonds related business and trade, under the supervision of The Diamond, Gemstone and Jewelry Administration, members of the Israeli Precious Stones Exchange and Diamantaires and Jewelers from all over the world are entitled to register as subscribers in the Portal and enjoy its exclusive services. Registration is conditional upon completing the registration process and paying a subscription fee if and where specified – all as set out in this agreement. IDI has the right to deny any individual subscription to the Diamond Industry Portal, for any reason whatsoever and at its sole discretion. Submission of Details During Registration When you register with the Portal, you will be requested to provide personal details such as your name and contact numbers and addresses. Please ensure that all details are correct, accurate and complete and confirm their authenticity. Incorrect details may prevent your registration as a subscriber and impair IDI’s ability to contact you. Please be sure, therefore, that you submit only accurate, correct and updated details during the registration process. Any change in any of your details may be updated by means of a personal details page, via the portal crew at Tel: 972-3-6126485 or by e-mail: support@israelidiamond.co.il . Responsibility for any result arising from the submission of false or misleading information applies solely to you, the subscriber. User Name and Password You must use your personal user name and password, which you selected (in accordance with IDI's instructions from time to time), in order to login to the Portal as a subscriber. IDI is entitled to establish from time to time additional or different means of identification. Passing on the user name and password to any third party is strictly forbidden. Please maintain absolute confidentiality regarding your user names and passwords in order to prevent misuse. Make sure you change your passwords as frequently as possible and at least once every six months. Remember: the more frequently you change your passwords the better you are safeguarding your information. Responsibility for any use made of your site account (including your employees’ accounts or those of anyone representing you that were opened at your request) – whether as a result of conveying your details to a third party or not – is incumbent on you and IDI bears no responsibility or liability deriving from such use. You are requested to update any change in your details on the personal details updating page found in the portal or via the telephone center. Subscription Fees IDI retains the right to make use of the portal services conditional on payment of a subscription fee, as set forth by IDI from time to time and published on the site. IDI shall do so only after giving prior notice to subscribers. Such notice shall be published prominently on the site and there is no obligation to notify you in person. Should IDI notify you regarding the charge of subscription fees, and you do not consent to this condition as specified (if specified) in its notification, or should you fail to settle your subscription fees to IDI’s satisfaction, your portal subscription shall be terminated and you will have no claim, plea or demand against IDI or its representative. Termination of Subscription You may terminate your portal subscription at any time. You may do this by sending a written message to Customer Services, or via e-mail to: support@israelidiamond.co.il, or by fax to 972-3-5759448. Should you be required to verify the termination notice by return e-mail, you must do so as a prerequisite to termination of the subscription. The termination shall come into effect on the first business day of the calendar month following the date of notification, and from that date you will no longer be charged for subscription fees, if any are due at that time. IDI is permitted to cancel your portal subscription at any time. Cancellation may take place for any reason whatsoever and IDI is not obliged to clarify its decision. Notification regarding termination of your subscription shall be sent to you by e-mail and the cancellation shall come into effect on the date stated therein. Such notification may come into effect immediately, in which case you are entitled to a refund for excess subscription fees paid (if any), writing off any debt on your part to the portal. Cautious Use of Information IDI encourages you to treat information posted on the Internet with caution and discretion, including information posted by third parties (including content-suppliers) and other users of sections and services of the portal. Please approach such information cautiously and scrupulously. The information is not posted on behalf of IDI, hence it is not responsible for its credibility, authenticity, accuracy or integrity. Always remember that such information is not a substitute for consultation with appropriate professionals, where such consultation is required. Information by content suppliers posted on the portal is issued solely as a public service. Links to Other Sites The portal contains links to information and content published on other Internet sites which are not related to the portal itself or to any individual or body on its behalf. You may find that these linked sites or the information and content posted on them are not compatible with your requirements, or you may object to their content, or find them annoying, improper, unlawful or immoral. The fact that you may find a link to a certain Internet site or information gleaned from it does not constitute authorization on the part of IDI that the link or information are accurate, complete or current. Information Submitted by Portal Users Content originating from portal users is published on the site. This content is published both in sections devoted solely to it (such as discussion groups, message boards or personal sites), or jointly with content posted by the portal’s staff. This content does not express IDI’s opinion or view and its publication provides no guarantee as to its validity, authenticity or accuracy. On submitting information and content for posting in the portal, you bear full and sole liability for any consequence deriving from the posting. You must ensure that such information and content are lawful. Among others and for purposes of example only, publication of the following in the portal is forbidden: Any information infringing or violating intellectual rights of other parties – including copyrights or trademarks. Any information of a pornographic or crude sexual nature. Any information concerning minors that identifies them, their personal details or their address and ways to contact them. Any computer software, computer code or application containing a computer virus, including hostile programs known as Trojan Horses, Worms, Vandals, Malicious Applications, spyware, etc. Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration. Any content encouraging, supporting, assisting, providing instructions or advising in the commiting of an act constituting a felony according to the law of the State of Israel. Any content constituting defamation of a person or violating his privacy. Any information the posting of which is forbidden according to the provisions of any law, including court restraining orders. Any information of a distressing, insulting, hostile, intimidating, crude or racisit nature or that which offends public sentiment. Any information which might mislead a consumer or dealer in precious stones or diamonds. Any information which contravenes accepted Internet rules of practice or may cause damage or harm to Internet users in general and the portal users in particular. Any information to which access is blocked by a password or similar and which is not freely accessible to all Internet users. The information which you submit for posting on the portal shall be exposed to all Internet users. Please exercise caution and common sense when submitting personal details (such as address or telephone number) and concerning responses and addresses received by you further to use of the portal or posting of any of your details. Remember: When submitting information and receiving responses, you should demonstrate at the very least the same degree of caution as when making contact by any means other than the Internet. Commercial Publications IDI or anyone authorized by it, and they alone, are permitted to post on the portal and in the accompanying services, information and commercial messages on its behalf or on behalf of a third party, including advertisements, trademarks, links to other Internet portals or other pages in the portal, PopUp windows, banners or any other form of advertising. It is forbidden to damage, disrupt, interfere or object to any message, supplement or message in any manner or means. IDI shall be allowed to erase, at any time and without prior notice, any commercial information, message, information, supplement or notice posted on the portal in contravention of the terms of this agreement. Responsibility for the content of information and commercial messages not posted on behalf of IDI, is incumbent on the posting parties only. The combination of information and commercial messages in the portal does not constitute a recommendation or encouragement on the part of IDI to purchase the services or products offered for sale. Correction of Errors Although during the process of posting information and content on the portal a great effort is invested to ensure the reliability of facts and details, it is natural that errors may sometimes occur, among others due to the fact that some of the content originated from third parties. If you think that any publication in the portal is erroneous, please inform us at support@israelidiamond.co.il. Deletion of Information and Messages IDI may initiate the deletion of any material submitted by you for posting in any of the portal services, at its sole discretion. Without derogating from the aforementioned, IDI may delete the aforementioned information, among others for technical reasons, if the information posted or the manner in which it was posted contravene any of the terms of usage, or for any other just reason. The aforementioned does not obligate IDI to initiate a review of the content and does not constitute an obligation towards any third party. Any message or information may be deleted after a fixed period of time from the time of initial posting. Hence, IDI does not undertake that information you have found or posted on the portal at a certain time shall continue to be posted in the portal. You may appeal to IDI by e-mail and request deletion of any material you have submitted for posting. IDI shall make an effort to fulfill your request, but it is not obligated to comply in general or within a limited period of time. You are aware that certain circumstances may prevent deletion of material at your request – for example, if you have posted a certain message in a forum, following which response messages have been posted by others. Services to Subscribers The following services are designed for portal subscribers only. IDI may at Its sole discretion add, deduct or alter, from time to time, these and other services which may be added, or cease their supply or offer them to only part of the subscribers, or to all the Portal's users. Message Boards and financial Information The portal may post economic and financial information deriving from third parties, including other subscribers. This information will be posted, among others, on electronic message boards, forums, notices, etc., which serve as a meeting point for subscribers and potential customers (who may be subscribers or non-subscribers) interested in performing transactions in precious stones, raw and cut diamonds, professional equipment, offices, etc. IDI does not sell or supply any merchandise, assets or goods whatsoever. IDI offers the portal solely as a service for the promotion of commerce between the parties. Any transaction deriving from information posted in the portal, shall be performed directly between the parties – not through the portal or IDI and with no involvement whatsoever on its part. Responsibility for the reliability, validity and accuracy of any information as stated is incumbent solely on whoever submitted it for posting and not on IDI. IDI is not able to review and indeed shall not review the parties offering merchandise in the portal, their financial capability, actual occupation, experience, credibility, quality and price of goods offered by them or any other detail concerning them. As a portal subscriber you are entitled at any time to offer merchandise, assets and goods on the portal and the portal message boards. The posting of your offer is conditional on the submission of essential details regarding the goods offered (mandatory fields). You are of course permitted to add further details in the appropriate field. All additional details transmitted by you shall be automatically posted. Therefore, if you are not interested in posting any further details, please be sure not to feed them into the system. You are requested to verify that the details you have submitted are complete, correct and accurate. Inasmuch as you submit such information for posting, you are obligated to update it without delay and delete it as soon as it ceases to be relevant. IDI may, at any time and at its sole discretion, remove any publication, and you shall have no right to any objection, claim or demand towards it. The design of the message, its positioning, posting and frequency of publication shall be determined by IDI at its sole discretion. Discussion Groups – Forums In addition to any other provisions of this agreement: It is forbidden to post on discussion groups information or details which are not compatible with the defined topic of the discussion group. It is forbidden to post on discussion groups information, messages or details which constitute prohibited material as defined in these terms. IDI may, at its sole discretion, refuse to post any message which in its opinion violates any of these terms, or may delete any such message even if already posted – all without prior notice. The aforementioned does not obligate IDI to review the content of messages, in advance or post factum, and is designed for cases where its attention is directed to a message that is in clear and patent breach of the laws of the State of Israel or the terms and conditions of usage of the portal. Answers given in the forums to questions of expertise (e.g. legal matters, professional equipment, value estimation, financing, insurance etc.) do not constitute professional advice. Please remember: accurate professional consultation depends on the precise facts of each and every individual case. The discussion groups in no way constitute a substitute for any such consultation. Warranty The services, content and information in the Portal are offered for use “As Is”. They cannot be customized to fulfill the needs of each and every subscriber or any other user. You do not have the right to any objection, claim or demand towards IDI regarding the characteristics of services, content and information, their capabilities, limitations, compliance with your needs or responses arising from posting of details, information and opinions posted in your name (if any). The use of the portal is, therefore, your full and sole responsibility. IDI is unable to review and shall not review information submitted in the portal by you, its authenticity, validity, credibility or integrity. You bear sole and complete responsibility for the content of the messages and information posted, sent or received by you in the portal or by means of any of its services, and for the full consequences deriving from it. IDI does not undertake that there shall be responses to the messages which you post on the portal. IDI has no way of knowing what responses (if any) you will receive subsequent to your posting or who may respond to the information you post. IDI therefore bears no responsibility whatsoever for such responses, for the identitiy of those addressing you or for any result deriving from the posting. Furthermore, IDI is not responsible for any use made by any third party of details posted by you. IDI is unable to review and shall not review the information submitted for posting in the portal by third parties. IDI does not undertake that details submitted in the portal by third parties are complete, authentic or accurate or that they comply with your expectations and requirements. Therefore, IDI bears no responsibility regarding messages and information published by third parties, including the content of such messages and information, their credibility, reliability, accuracy and integrity, computer files attatched to them, the function of any such file, its effect on your computer and any damage, loss, inconvenience, mental distress and consequences, whether direct or indirect, caused by them to you or to any third party. Posting of messages and information as stated should not be regarded as a recommendation on behalf of IDI or an appeal, whether explicit or implicit, to adopt their content. Without derogating from the aforementioned, any such posting does not constitute an opinion regarding transactions and financial conduct, including purchase and sale of diamonds and precious stones. Should you decide to act upon any messages or information as stated, you bear full and sole responsibility for your actions and their consequences. For the purposes of this agreement, “third parties” include portal users and subscribers as well as content suppliers or partners supplying information to the portal according to a prior agreement with IDI. IDI invests all possible effort to ensure the proper functioning of the portal. However, it does not undertake that the portal services shall operate without disruption or interruption or be provided regularly, function safely and without error, or be immune from unauthorized access to IDI computer or from damage, malfunctions, failures and mishaps – all in hardware, software, communication lines and system, at IDI or any of its suppliers. IDI shall not bear any liability for the exposure of your user details or those of any of your employees, or any misuse of this information, provided it has taken reasonable measures for the protection of the portal information. IDI is not responsible for the content of sites appearing in the portal or linked through it, which are not administered by IDI. IDI is not responsible for information posted on these sites including its integrity, accuracy, validity and authenticity – or any other detail connected to it. IDI is not liable for any damage, whether direct or indirect, whether financial or of any other kind, caused to you or to your computer system, including loss of information and any other damage resulting from use or reliance on information appearing on sites and services which you reach by means of any portal content. Intellectual Property The intellectual property rights in the portal, including copyrights, trademarks and trade secrets, work methods and processes, and any other right, are the sole property of IDI or of third parties by whom IDI was licensed according to law. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, portal computer code and any other detail concerning its operation. It is forbidden to copy, duplicate, distribute, sell, market and translate any information, including trademarks, images, pictures, texts and computer code from the portal without receiving IDI’s explicit prior consent in writing. It is forbidden to make any commercial use of information, content and data posted in the Portal, or of any other details posted in the Portal without the prior written consent of IDI. It is forbidden to use information, content and data of any kind posted by the Portal for the purpose of displaying them on the Internet site or in any other service, without prior written consent from IDI and subject to the terms of such consent (if granted). The name “Israeli Diamond Industry Portal”, trademarks in the Portal (whether registered or not), the name of IDI and its trademarks as well as the Portal's Domain name – are the sole property of IDI. It is forbidden to use them without IDI's prior written consent. The Portal may contain content posted according to an agreement between IDI and any third party. The copyrights of this content belong to the third party who has permitted their use. It is forbidden to copy, duplicate, distribute, market or transmit such content or any part of it to the public without receiving explicit written consent in advance from the owner of the rights. IDI shall not claim ownership over content that you submit for posting in the portal. However, when you submit information for posting in the portal, that submission in and of itself constitutes authorization that you are the owner of the rights in that information, and that you are entitled to submit it for publishing. By submitting the information for publication you are granting IDI a free, worldwide, non-exclusive license for an unlimited period to copy, duplicate, distribute, market, transmit to the public and use the aforementioned information at its discretion in the portal, in communication and information networks, including the Internet. Privacy IDI respects the privacy of its users and subscribers. The current privacy policy of the portal constitutes an inseparable part of these terms. Given that the privacy policy may change from time to time, it is recommended that you read it periodically. Violation and Termination of Subscription Without derogating from the aforementioned, IDI is entitled, at its sole discretion and without prior notice, to deny you use of the services offered in the portal, whether all or in part; to prevent your access to these services, whether temporarily or permanently; to terminate the validity of the subscription and take any legal measures for the enforcement of its rights towards you or to receive compensation for any damage, payment or cost caused by your actions or omissions. IDI is entitled to do so, inter alia, in any of the cases specified below: in the event that on registration in the portal you deliberately submitted false details; in the event that your Exchange or Association membership was terminated; if you are in breach of any of the provisions of this agreement or you have performed, through the portal, any act or omission that is contrary to the provisions of any law, including charging, sending and posting of prohibited materials as defined in this agreement. if you have performed any act or omission which is harmful or likely to be harmful to the Portal, IDI or any other third party, including other subscribers, writers or suppliers of the portal; if you have made use of the Portal services for the performance of any illegal act according to the law of the State of Israel or for the purpose of enabling, facilitating, assisting or encouraging the performance of such an act; if you have violated the terms of this agreement or the conditions of any other service offered by IDI, and in particular if you have submitted the user name and password allocated to you on registration for the use of any third party; in the event that you are in debt to IDI, or to any corporation connected to it, and you have not yet redeemed your debt despite the fact that the due date has passed. Changes in Subscription Terms and Termination of Services IDI is permitted to alter these subscription terms from time to time. In such case you will be requested to approve the terms upon renewing the subscription and they shall apply to you from that date onwards. Without approval of the new terms you will not be permitted to continue using the Portal's services. IDI may cease operation of the Portal temporarily or cancel it altogether, at any time and at its sole discretion. Notification regarding termination of the portal operation shall be provided on the portal homepage at least one week in advance. It is clear that from the moment the portal ceases to operate, you will no longer be charged for subscription fees. Changes in the Portal IDI is permitted to change from time to time the structure, scope and availability of the content, information and services offered on the Portal and any other aspect related to them – all without need of prior notification. Such alterations shall be performed, among others, while taking into account the nature of the portal and technical changes which may occur from time to time. By their very nature, such changes may entail malfunctions or may initially cause inconvenience, etc. You will have no allegation, claim or demand towards IDI as a result of the execution of such changes or of malfunctions deriving from their execution. Changes in Ownership IDI may incorporate the Portal as a separate company or transfer ownership of it to a third party, provided that your rights according to this agreement are not infringed by the transfer of ownership. In this case, all your details will be passed on to the corporation receiving the rights in the Portal and you hereby give your prior consent thereto. Exhaustive Terms These terms exhaust all that is agreed between you and IDI in relation to the use of the portal. Arbitration and Jurisdiction This agreement shall be governed solely by the laws of the State of Israel. Any reference in the Israeli law to foreign law shall not apply, regardless to the source of the reference. Any dispute which may arise between the parties, including disputes concerning use of the portal or concerning these terms, as well as the services supplied by IDI or with regard to these terms of use, shall be brought before an arbitrator who is an advocate familiar with the field of electronic commerce and Internet, and his identity shall be determined by the Chairman of the Israel Bar Association at the request of any of the parties. The arbitrator is entitled to grant provisional remedies and interim injunctions. Arbitration shall take place in the city of Tel Aviv. The arbitrator shall not be bound by the law of civil procedure but shall be bound by laws of evidence and substantive law. The arbitrator shall be obligated to write a reasoned opinion. Notwithstanding the aforementioned, should any of the parties to this agreement be sued by a third party, in any legal proceedings whatsoever, the defendant may join with the other party to this agreement as a party to that judicial process, and in such event this arbitration agreement shall not apply. According to the provisions of the Arbitration Law, 5728 – 1968 jurisdiction shall be that of the courts located in the city of Tel Aviv. This section constitutes an arbitration agreement between the parties for all intents and purposes. Subject to and without derogating from the aforementioned, in any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, the exclusive jurisdiction shall be that of the competent court in Tel Aviv and the Central Regions in Israel.
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