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Website terms of use

Terms of Use - Cal Auto Website

1.    General

1.1.    “Cal Auto” Website at www.calauto.co.il (hereinafter the “Website”) which has been developed and operated by Cal Auto Financial Services (1998) Ltd. BN Number 512699000  (hereinafter the “Company"), enables the Company’s customers to obtain through the Website car rental services, as well as information regarding these services. 

1.2.    The terms of use below (“Terms of Use”) regulate the relations between the Company and any person visiting or making use of the Website and all of the services offered within it or the information contained therein (hereinafter the “Customer" or "User").

1.3.    There is nothing in the Terms of Use to derogate from or change any other agreement between the Customer and the Company and/or any other entity related to the Company, including any corporation belonging to the Company’s group. 

Without derogating from the aforementioned, in any case of contradiction or discrepancy between the Terms of Use and terms or instructions published in any other media, the Terms of Use shall prevail. 

1.4.    The use of the Website, information, content and/or services offered or displayed within such or enabled through such, are subject to the Terms of Use. Visiting and the use of the Website shall be deemed as consent on the part of the User to all of the terms, conditions and notices as aforesaid. It shall be clarified that the User is not required to consent to the noted in the Terms of Use - however, should he disagree to such, he is to leave the Website and refrain from making use of it or the services offered through it. 

1.5.    The User is aware that the availability of information and services within the Website is not constant and at times is even is subject to the agreements of the Company and/or anyone on its behalf with third parties, and that the Company shall be entitled, at its sole discretion, to update and/or terminate and/or remove an application, service or specific content from the Website from time to time, immediately and with no prior notice, and the User shall have no claim and/or demand in this regard. 

1.6.    The division of the Terms of Use into sections and the titles of the sections are for convenience purposes only and shall not to be used for interpretation purposes. Referral to one gender in any of the mentioned in this document - shall be deemed as referral to the other as well. Referral to the singular in any of the mentioned in this document - shall be deemed as referral to the plural as well, and vice versa.

2.    Use of the Website and the services included therein

2.1.    The use of the Website and the contents offered therein is provided AS-IS. All of the information and data included in the Website, including information regarding the services offered through the Website, are updated and correct only as of the date indicated in such or next to such.

2.2.    The use of the Website is open and available to all, free of charge (except for the services offered through it).

2.3.    It is clarified that the photographs of the vehicles appearing in the Website are for illustrative purposes only. The Company shall not be responsible for any discrepancies between that displayed on the Website and the vehicle provided to the Customer, and that the Company shall make every effort to provide the Customer with a vehicle that is similar to the characteristics of the vehicle ordered by him.

3.    Limiting use of the Website Without derogating from the aforementioned, the Company shall be entitled to prevent a User from making use of the Website in any one of the following events:

3.1.    The User has carried out an illegal act and/or violated the provisions of law;

3.2.    The User has violated any provision of the Terms of Use;

3.3.    The User has provided the Company with false or outdated information upon purchasing the services offered on the Website;

3.4.    The User has carried out an act or omission that may harm the Company, anyone on its behalf and/or any third party, including other Users of the Website or the orderly operations of the Website, including, without limitation, purchasing orders fraudulently or unauthorized.

4.    Purchase of services

Any purchase of services through the Website is subject to the following provisions:

4.1.    All of the sums and prices displayed on the Website’s price list include VAT (so far as payment of VAT is applicable under law), unless specifically stated otherwise. The Company reserves the right to modify, at any time, the prices appearing on the Website, with no prior notice. 

4.2.    The credit card by which the User wishes to pay for services through the Website is a valid Israeli or international credit card, which has been issued in Israel by one of the credit card companies.
 
4.3.    Should the User make use of a credit card belonging to any third party, the use of the aforesaid credit card is fully known to and given the consent of the credit card’s registered owner, and that the User shall bear full liability and shall indemnify the Company immediately for any claim and/or demand by the credit card’s owner or any third party in connection with the User’s use of the credit card as aforementioned. 

4.4.    Following confirmation of the purchase’s details by the credit card companies, confirmation of the purchase shall be sent to the user at his e-mail address as he had entered at the time of the purchase. In the event where the purchase had not been approved by the credit card companies, the User shall be entitled to contact the customer services center by phone (pursuant to Section 9 below), in order to obtain assistance in settling the approval of the credit card companies for making the purchase.

4.5.     Rental of vehicles is subject to the Rental Terms and the rental agreement to be signed upon collecting the vehicle. 

4.6.    It is hereby clarified that an order that had not been confirmed by obtaining an order confirmation as stated in Section 4.4 above shall not bind the Company in any way whatsoever.

4.7.    The User hereby undertakes that all of the information he had entered during the purchase is true, exact, updated and complete. Submission of false information is a criminal offense, and one who does so shall be subject to criminal as well as civil legal proceedings as provided under law.

5.    Cancellation of a transaction

A.    The lessee shall be entitled to cancel the order in one or more of the following manners:

1.    By making contacting via e-mail: ordercancel@calauto.co.il

2.    By making contact via phone: *6020 or by making contact via fax to: 03-7910748. A termination notice as aforementioned shall be given within 14 days of placing the order and/or confirmation by Cal Auto, and no less than 2 business days prior to the pickup of the car.

In the event of cancellation pursuant to this Section, Cal Auto shall be entitled to charge the lessee with cancellation fees that shall not exceed 5% of the rental fees or NIS 100, according to the lower of the two.

B.    In the event of a cancellation made other than within the time frames noted in Section A above, or should the lessee fail to pick up the vehicle on the agreed pick up time, Cal Auto shall be entitled to charge the lessee with cancellation fees subject to Cal Auto’s cancellation policy. 

6.    Privacy policy

The details provided by the User within the use of the Website as well as any other data generated based on the analysis of such details and any information concerning the User that the Company has obtained and/or will obtain through the use of the Website (together “User Information"), shall be subject to the Company’s privacy policy. 

Click here to view the privacy policy
 
7.    Intellectual property

7.1.    The full intellectual property rights (of any kind whatsoever), including trademarks, commercial secrets and copyrights, whether registered or not, on the Website or any part thereof, including (and without detracting from): Contents, services offered on it, design, as well as any software, application, computer code, graphic file, text and any other material contained on the Website, whether on the external interface, source code or target code - are owned solely by the Company and/or third parties, as applicable, and are protected by the copyright laws of the State of Israel, international conventions and copyright laws of other countries.

7.2.    The Users are prohibited from modifying, copying, publishing, distributing, presenting, executing, duplicating, licensing, creating derivative works, executing reverse engineering or selling in full or in part, temporarily or permanently in any manner whatsoever, any part of the information and contents included on the Website without obtaining the prior written consent of the Company and/or such third parties (as applicable). In addition, no use of the Website is to be made in a manner that constitutes or may constitute any violation or harm to the Company’s intellectual property, without obtaining its explicit prior written consent to such.

7.3.    The trademarks on the Website constitute intellectual property belonging to the Company and/or third parties, or in the event where such had been posted on behalf of advertisers, business partners or suppliers - the property of those solely. No use is to be made of such without obtaining their prior written consent. 

8.    User’s undertakings

The use of the Website is subject to the following terms

8.1.    The right to make use of the information, contents and services on the Website is solely for the User’s personal and private use. No commercial use of any of such is to be made for any profit purpose whatsoever, and the User may not allow any use of the information or contents as aforementioned to any third parties, whether for fee or free of charge.  It is hereby clarified that no use is to be made of the information and content published on the Website for their display on the Internet and/or any other service without obtaining the Company’s prior written consent to such, and subject to the terms of consent as aforesaid, if and to the extent that such shall be granted. The User undertakes, that except for that explicitly set forth in the Terms of Use, the User shall refrain from collecting information and contents included on the Website using various software, or distribute to the public information and contents as aforementioned in a commercial manner or within any commercial framework or for any other purpose.

8.2.    The User undertakes to use the Website, information, contents, services distributed or included therein solely in compliance with the law and in accordance with the Terms of Use.

8.3.    The User undertakes to refrain from linking to the Website and/or use such and/or the information, contents and services included therein for any upload, download, distribution, advertisement or transmission of: (A) Information or other matter in a manner that violates any rights, including intellectual property rights, privacy protection rights and/or any other proprietary rights; (B) information or other matter that is prohibited from publication or use due to being deemed threatening, harming, insulting, libelous, defamatory, racist or inappropriate content; (C) information or other matter including any virus or other software that may sabotage the computer systems of the Company and/or any third parties or in a manner that may restrict or prevent others from using the Website; or (D) information or other matter that includes advertising of any kind whatsoever without obtaining the Company’s prior written consent.

8.4.    The User undertakes to refrain from making any modifications and/or intervene in any way in the source code of the Website and/or the information and/or the contents included therein, as well as refrain from uploading any software and/or applications that may harm or cause any damage to the Website and/or the Company and/or any other third parties whatsoever.

8.5.    The User agrees that without prejudice to any other of the Company’s rights, should the Company suspect that the User’s use of the Website does not conform with the Terms of Use and/or any law, it shall be entitled to terminate the User’s activities on the Website, including by blocking the IP address, in order to trace the User’s use of the Website, to turn over the User’s conduct patterns to the relevant authorities and/or third parties that will prove, to the Company’s satisfaction, that they are harmed by the User’s violating activities, as well as take any other measure that the Company may find necessary in order to protect its property and/or rights and/or any third party rights.

9.    Restriction of liability

9.1.    In no event or any circumstances the Company and/or its administrators and/or its employees and/or anyone on their behalf shall bear any liability or obligation for any of the following: 

9.1.1.    Any expense, loss or indirect damages, consequential or resulting (including economic loss, loss of profits, loss of business opportunity, loss of goodwill, impairment etc.) that may be incurred by the User or any third party in connection with the use of the Website and/or act or omission of the Company and/or anyone on its behalf;

9.1.2.    For any malfunction and/or delay and/or obstruction of the use of the Website and/or services contained therein and/or any matter associated with such (including and without derogating from the generality of the aforementioned, Bezeq lines and/or Internet systems and/or cellular networks), as well as for any expense, loss or damage that may be caused for any reason whatsoever that is not dependent on the Company, including and without derogating from, as a result of an order and/or regulation and/or instruction of a governmental authority, substantial paralysis of communication systems, earthquake, storm, shortage of material and/or civil services and/or transport services, fire, flood, explosion, accident, plague, strike, lockout, riot, public disorder, war, terrorism and/or hostility attack as well as blockade, and such shall not be deemed a violation of the Terms of Use and shall not entitle the User to any relief and/or right. For the avoidance of doubt and without derogating from the generality of the foregoing, it shall be clarified that the User shall have no claim or any right in connection with the operations the Company shall carry out due to any failure and/or obstruction as aforementioned. 

9.1.3.    Any expense, loss or damage incurred in connection with actions or omissions by the user and/or third parties, including and without derogating from, communication providers (including in connection with malfunctions and/or obstructions, temporary or permanent of the communication lines). 
9.1.4.    For any expense, loss or damage incurred in connection with unauthorized access, attack, hacking and penetrating information (or attempt to commit any of these) through communication lines or other communication networks. 

9.1.5.    For any expense, loss or damage incurred by the User due to updating and/or cancellation and/or removal of contents from the Website and/or removal of the Website (or blockage of access to such) for reasonable and acceptable periods of time for maintenance and/or upgrading purposes.

9.2.    Without derogating from the aforementioned: 

9.2.1.    It is possible that within the use of the Website, the Company may provide links and referrals to other websites and Internet pages operated by third parties (hereinafter “Linked Sites”) where the User may be able to obtain or purchase various goods and services. It is possible that on such Linked Sites the User will be asked to register, provide various details etc. It is agreed that the Company has no knowledge, control or liability regarding the operations on such Linked Sites. The provision of information and registering to these Linked Sites are not subject to the Company’s privacy policy, but rather to the privacy policies of such Linked Sites and pursuant to law. Browsing these Linked Sites, as well as any other activity carried out by the User in connection with such are the responsibility of the User and the owners of the Linked Sites only, and the User shall have no and he waives in advance any claim and/or demand for any direct and/or indirect loss or damage against the Company and/or anyone on its behalf resulting from reliance and/or use of the contents and/or information provided on those sites.

9.2.2.    The continuous use of the Website is dependent, among other things, on the availability, integrity and durability of the Internet network and/or the cellular communications network (as applicable), which as is well known, at times and/or part of the regions in Israel are not complete and continuous. The Company, its administrators, employees and anyone on its behalf or representing such, shall not bear any liability for any loss, expense or damage, including special, consequential or indirect damage that had been incurred in connection with the activity or inactivity of the Website, including (and without derogating from) in connection with any mistake, malfunction, technical or other failure  in viewing the information and/or downloading the contents and/or their inclusions and/or their date of transfer. 

9.2.3.    The Website may include inaccuracies or clerical errors and others, and the User declares that he is aware that there is no possibility to prevent errors, shortcomings and mistakes in contents and/or the manner of their provision.

9.2.4.    Communication networks, computers, servers and Internet websites are exposed to hacking and hacking attempts by various parties. The Company takes various security measures in order to maintain the privacy of the information entered while using the Website; however, the User must be aware that such cannot not be fully guaranteed and security breaches as well as hacking into the Website may occur. The Company does not guarantee that the Website will be absolutely immune to unauthorized access to the information stored in it. By browsing the Website and providing the User’s details, the User releases the Company and/or anyone on its behalf of liability for any damage incurred by him and/or anyone on his behalf due to attacks and hacking attempts as aforementioned, and hereby waives any claim against the Company and/or anyone on its behalf.

10.    Customer service center

10.1.    The provision of notices by the Company, for all intents and purposes, shall be carried out in a manner prescribed by the Company, at its sole discretion. Without derogating from the aforementioned, publication on any type of media and/or on the Website shall be deemed as notification, and the User shall have no claim and/or demand for so and/or claim as to being unaware of the notice’s contents.

10.2.    For making contact or inquiry on any issue related to the Website or the services provided through such, it is possible to contact the Website’s customer service by phone: 03-7912000 Sunday - Thursday from 08:00 - 17:00 or e-mail to reception@calauto.co.il .

11.    Miscellaneous

11.1.    The Company reserves the right to add, modify, derogate and replace at any time the provisions of the Terms of Use, all or part thereof, at its discretion and without obtaining the Users’ consent, by a notice posted on the Website. The binding wording of the Terms of Use is that posted on the Website from time to time. It is the responsibility of the User to keep up with changes, to the extent such had occurred, in the Terms of use. Continued use of the Website after modification as aforesaid shall constitute evidence of the User’s consent regarding acceptance of the modifications. The User is advised to refer to the provisions of the Terms of Use at any re-entry to the Website in order to review modifications made (to the extent such had been made) in the Terms of use.

11.2.    Any disputes, claims and lawsuits in connection with the Website including, without limitation, concerning the contents and services contained or offered therein, shall be heard under the laws of the State of Israel, devoid of dépeçage. The sole jurisdiction for any issue related to the Terms of Use and use of the Website shall be that of the competent Courts in Tel Aviv - Yaffo, and the parties hereby expressly reject the authority of any other Court regarding this matter and the applicability of any foreign law.

11.3.    In the event where any provision of the Terms of Use shall be ruled by Court as being illegal and/or invalid, such shall not void the remaining provision of the Terms of Use and/or the remaining part of the provision that had been canceled or limited by Court, which had not been canceled or limited.

11.4.    Any delay by the Company in exercising a right it is due, or its refraining from exercising a right it is due in accordance with the Terms of Use or under law, is ex gratia only, and shall not to be used or considered as the Company’s waiver of such right.
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