Nofar Energy Terms & Conditions
1.General
1.1. Welcome to the Nofar Energy global Website (hereinafter the 'Website'), operated by O.Y. Nofar Energy Ltd. (hereinafter the ‘Company’, ‘We’, 'Nofar Energy' or 'Nofar'). Nofar energy is an Israeli company that provides renewable energy sulitions including but not limited to investments; storage projects; ground-breaking solar projects, rooftop reservoir and land all in order to enable more effective environmentally and stable energy future. The Website is mostly informative and includes information regarding Nafar's' activities, projects and businesses.
1.2. The purpose of these Terms & Conditions (hereinafter the Terms') is to clarify and regulate the relationship between the visitors on our Website and the Company regarding the use of the Website.
1.3. Use of the Website, including any content and/or service that appears in it, constitutes acceptance of the Terms, including the Company's Privacy Policy https://www.nofar-energy.com/privacypolicygdpr , an integral part of the Terms which may be updated from time to time (together hereinafter the 'Agreement'). The Company reserves the right, in its full and exclusive discretion, to change, delete or add to this Agreement at any time. Therefore, before performing any action on the Website, you are asked to read the Agreement carefully, since continued use of the Website will indicate your acceptance to the Agreement. If you do not agree to the conditions outlined in the Agreement or changes made to it, refrain from using the Website .
1.4. The binding and definitive wording of the Agreement, at all times, is that which is published on the Website. The Agreement’s provisions are cumulative and will be construed as coexisting and not diminishing or detracting from each other.
1.5. The use of The Website is not intended for persons under the age of 18 and for those who are not competent to perform legal actions without the approval of a guardian. We will consider any action performed on The Website as performed by a person who is qualified to perform it and any other use shall be deemed to have been performed with the approval and under the guidance of the guardian or the parent, as applicable.
1.6. Without the express authorization of the Company, in advance and in writing, visitors are forbidden to perform the following actions and/or acts:
1.6.1. Any commercial use of the Website and/or the content appearing in it, in whole or in part, unless authorization is granted in a specific agreement between the parties, in writing.
1.6.2. To copy, reproduce, modify, process, translate, reverse engineer (including any attempt to extract the source code of the Website and/or the content appearing therein), publish, distribute, transmit, display, perform, reproduce, sell, grant sub-licenses, etc. with regards to the Website, in whole or in part.
1.6.3. To bypass, disable and/or interfere in any other way with the security measures in the Website and/or its proper operation, including activating any computer application, software such as Crawlers, Robots, etc. and/or damaging and/ or disrupting the password protection system that regulates access to the Website.
1.6.4. To allow a third party that is not a visitor to use the Website and/or the content that appears in it in general and use it to design and/or develop a competing service or product, or to do so for said third party or visitor.
1.6.5. To impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions.
1.6.6. To disrupt or violate any right of another visitor of the Website, including the right to privacy and/or collecting of personal information of the visitors of the Website, including by scraping or crawling, without their express prior written consent, including by automatic means.
1.6.7. To remove, corrupt, hide and/or modify the Website and/or any content appearing on it, including copyrights, trademarks, and/or other proprietary rights, including the use of the Company's name, trademark, or logos, without obtaining its express prior written consent.
1.6.8. To infringe on the dignity or privacy of another visitor and/or modify the content posted by another visitor and/or publish content on behalf of another visitor and/or use the Website and/or content appearing on it to infringe on the good name of any person and/or publish incitement, fraud, deceit, defamation and/or any other information that is false, unreliable or that may maliciously cause harm.
1.6.9. To use the Website and/or the content that appears in it to create a database or a compilation of any kind;
1.7. The Company may, at its sole and exclusive discretion, not approve, suspend or block, without the need for prior notice, the access and of any visitor and/or third party to the Website , in whole or in part, and/or to any content or service offered within its framework, in cases where the Company believes that a violation of the Agreement has been committed and/or that there is a concern that any kind of disruption will be caused to the proper operation of the Website, or a violation of law and/or rights of third parties, and/or for any other reason under the full and exclusive discretion of the Company, even without any reason or justification, and the visitor and/or any third party waives any claim and/or demand and/or lawsuit against the Company and/or anyone on its behalf in this matter.
1.8. Failure to comply with these restrictions may lead to the restriction of the visitor's access to the Website and may even expose it to civil and/or criminal liability, per the provisions of any law.
1.9. The Website is controlled and operated within the the state of Israel but has websites in several countries of intersest. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, or content of the Website are illegal. If you choose to access the Website from a location outside of Israel, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
2. Registration and Use of data
2.1. The using of the Website may require the provision of personal information. The use of personal information provided by the visitor to the Website and/or the information accumulated about the visitor when using the Website will comply with provisions of the law and the Privacy Policy https://www.nofar-energy.com/privacypolicygdpr of the Website.
2.2. The visitor must ensure that reliable, accurate, and correct information is provided. Non-compliance with such requirements may impair and disrupt service provision, other visitors, and the Company. It is hereby clarified that entering false personal information is strictly prohibited, constitutes a civil tort and possibly a criminal offense, and doing so is subject to legal, criminal, and/or civil proceedings, including tort claims for damages caused to the Company and/or anyone on its behalf.
3. Ownership and Intellectual Property Rights
3.1. The Website, and the content appearing in it, including any designs, illustrations, images, maps, audio/video clips, text, graphics, software, application, code, source code, and any other material, etc. (the "Content" or the "Contents"), as well as all intellectual property rights in connection with the Website or Content of any kind and type (whether registered rights or unregistered rights), patents, trademarks, trade names, copyrights, trade secrets, methods, how the Website is presented and designed and any matter and/or detail related to the Website, are protected by copyright law, intellectual property laws, and belong to the Company and/or anyone on its behalf and/or a third party who granted the Company the full right to use them. Therefore, the visitor and/or any third party is strictly forbidden to make changes, perform reverse engineering procedures, copy, publish, distribute, broadcast, publicly display, perform, reproduce, issue a license, create derivative works, sell or hand over to third parties, etc. any part of the Content without obtaining the express prior written consent of the Company.
4. Availability, Website Content & External Content
4.1. The Website and the Content that appears in it is offered to visitors As-Is (As Is and As Available). The Company makes reasonable efforts to ensure that Content appearing on the Website is correct, accurate and up-to-date, and available for use (including projects information). However, the Company does not guarantee this or make representations of the Content's accuracy, and it is possible that the Content is incomplete and/or that technical or other errors have occurred, and therefore the Company will not bear any responsibility for the accuracy and integrity of the Content in the Website.
4.2. The Company may amend and/or terminate and/or cancel at any time, at its sole and exclusive discretion, the Website itself, any Content, in part or all of them without the need to provide prior notice.
4.3. The images on the Website, including images of the projects, are for illustration purposes only, and may not correspond to reality (due to technology limitations or the Website's compatibility with the end device).
4.4. The Website presents an annual ESG reports and data regarding investors relations, and careers opportunities. Any data and informtaion presented on the Website in regards with this issues may be updated and changed from time to time and it will be the Visitor's sole responsibility to rely on them.
4.5. The data appearing on the Website should not be considered as creating any obligation towards the Visitor or anyone else.
4.6. The Company reserves the right, at its full and exclusive discretion, to modify the Website, the information and Services provided therein at any time, including by adding, taking away, terminating, limiting, changing the structure of the Website, the scope and availability of the information and Services offered in it and any other aspect related to it, in service and operation, without the need for prior notice. It is clarified that the visitor and/or any third party will not have any claim and/or demand and/or lawsuit against the Company in respect of the aforesaid.
4.7. The Website may contain Content, advertisements, commercials, information, products and/or any other content of third parties, ("Third Party Content"). The Visitor's use of Third-Party Content is subject to the articles of association and/or the terms of use and/or the privacy policies of those third parties, as far as the question arises. It is clarified that any opinion, expression of opinion, advice, declaration, offer, information, service and/or any other Content in Third Party Content, belongs to the same third party and the Company is not involved in their creation, editing and/or operation.
4.8. External Links. The Website may include links to other websites, which are not operated by the Company. These links, the data collected in it, and any consequences which may occur due to the use of them, are not under the control of the Company and it does not control the content of the linked sites. To the extent that the Website contains these links, this does not indicate the Company's consent and/or responsibility for the content appearing on the linked sites and/or constitute a guarantee for their reliability, recency, correctness, or the legality and/or the privacy policy and other terms of use adopted by their owners. The Company is not responsible for any result that may be caused due to the use of the linked sites or services, or visitors’ reliance on them, and therefore recommends carefully reading the terms of use and privacy policy of these sites, if they exist, and/or contacting the linked site owners in any case of claim or request regarding the matter. It is further clarified that the Company may, under its sole discretion, remove any link from the Website and/or add additional links and that the Company does not guarantee that the links to said websites will be active and lead to an active website.
4.9. Any use of the Website, including Content provided by the Companyor Third Party Content, will be made at the visitor's sole responsibility, and the visitor shall bear no claim and/or demand and/or lawsuit against the Company and/or anyone on its behalf, including with respect to any direct or indirect damages resulting from the use and/or entry and/or reliance on Content and/or by a third party and/or due to a violation of privacy or intellectual property rights following such use. In any case, the visitor hereby waives any such claims, and will be prevented from raising any claim and/or demand and/or lawsuit in this matter towards the Company and/or anyone on its behalf.
5. Liability
5.1. The company will not be liable for any inaccuracies, incorrect data, modeling, outcomes, and/or for any disruption caused by the use of the website, including with respect to visitor content and/or failure of processing it .
5.2. The company aspires to provide the visitor with a quality and safe visitor experience on the website. However, the website is not immune to glitches and/or problems and the visitor may not have access to the website from time to time.
5.3. The company will not bear any liability or warranties of any kind, expressed or implied, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose or visitor requirement in connection with the website, including any content and/or services in the website.
5.4. The visitor hereby declares and undertakes that it is solely and completely responsible for any use it makes of the website, including any content use or creation, and that it is aware that the company is not responsible, either directly or indirectly, for any such use and/or creation.
5.5. The visitor hereby undertakes to comply with the provisions of any laws, licenses, rules, and regulations that may apply to its use of the website and/or the content that appear in it, including the agreement.
5.6. The company will not bear any responsibility, express or implied, neither directly nor indirectly, for any damage caused to any of the visitors as a result of unlawful conduct by another visitor, regarding the website.
5.7. The company, its directors and subsidiaries and/or parent companies and/or companies affiliated with the company and/or anyone on its behalf, will not bear any responsibility, for damage and/or loss, direct or indirect, including incidental, consequential, random or punitive damages (including, and without derogating from the aforesaid, compensation for loss of work and business, loss of profits, losses and/or loss of business information, damage to reputation, and any loss and/or other financial damage), arising and/or related, to the website and/or any content that appears in it, or in any use thereof, and including but not without limited to: 1) the use and/or inability to use the website, including any content that appears in it, for any reason; 2) messages and/or files received by the visitor during and/or due to the use of the website, including resumes and/or any content that appears in it; 3) any act and/or omission committed in the website, including the content that appears in it, including after they have been handed over to third parties; 4) interruptions, availability and integrity of the website, including any content appearing on it, for any reason, and including, resulting from disruptions or failures of the internet or telephone network; 5) damage or loss caused as a result of an accident, mistake, inaccuracy, etc. In the content and/or service of the website.
5.8. There may be errors and/or malfunctions and/or deficiencies and/or inaccuracies in the data or model transfer process between the visitors and the company, whether originating from it or from any external source. The visitor hereby waives any claim and/or demand and/or lawsuit of any kind against the company and/or anyone on its behalf and releases it from any liability for any damage and/or loss (financial or otherwise) that may be caused to the visitor as a result and/or in connection with the aforesaid, and except in the case where it is proven that the damage was caused due to a direct malicious act of the company.
5.9. It is clarified that a disruption in the collection of visitor data in the company's computers and/or the visitor's computers and/or the website for any reason, including a fault related to the company, will not constitute grounds for any claim and/or demand and/or lawsuit by the visitor towards the company.
5.10. The visitor undertakes to defend, cooperate with, compensate and indemnify the company and/or anyone on its behalf, immediately upon its first claim, for any damage, loss, loss of profit, payment and/or expense, damage to reputation, economic and/or commercial damage, including under any claim, lawsuit, judgment, settlement, writ of execution, including legal expenses, and the costs of legal advice, arising, directly and/or indirectly, from the visitor violating this policy and/or any act and/or omission of the visitor as a result of which the company and/or anyone on its behalf was charged.
5.11. In the event of any contradiction and/or inconsistency of any kind and type between any content in the website and the agreement, the provisions of the agreement, according to the matter, will prevail.
5.12. The limitation of liability in this section does not derogate from any other limitation of liability in the agreement.
6. Termination
6.1. All limitations on liability, releases, indemnification obligations, disclaimer of warranties, choices of law and judicial forum, and intellectual property protections and licenses – will survive termination of this Terms between you and Company.
6.2. The company may preserve information and/or Content and may also disclose it if required to do so (a) by law; (b) to comply with legal process and/or proceedings; (c) to respond to claims that any of Your Content violates the rights of third parties; (d) to enforce or administer this Terms or the Agreement between us; and/or (e) to protect the rights, property and/or personal safety of the Company, its visitors and/or the public, including fraud prevention.
7.Miscellaneous
7.1. The Agreement constitutes the complete agreement between you and the Company regarding the use of the Website and supersede any other understanding and/or consent, oral or written, regarding the use of the Website and/or the Content..
7.2. If any of the terms in the Agreement are found to be illegal, void, or unenforceable for any reason, said terms, to the limited amount necessary, will be removed from the Agreement and their removal will not affect the legality and validity of the remaining part of the Agreement. In such a case, the existence of another similar term will be considered enforceable instead of the term that has been deleted or removed.
7.3. Any delay, waiver, extension, delay, or failure on the part of the Company to exercise its rights and/or demand compliance with the Agreement and/or its consent to deviate from the Agreement will not constitute a precedent, will not be considered a waiver and/or consent by the Company and a similar outcome should not be inferred from them regarding other cases.
7.4. The Agreement does not create and will not be construed as creating any partnership, joint venture, employer-employee relationship, agency, or agent relation between any visitor and the Company.
7.5. The company may freely assign, without your consent or approval, The Agreement (including other agreements you may have with us) and our rights and obligations under these agreements to an affiliate or another entity in connection with a corporate transaction or otherwise.
7.6. Contact
7.7. The Company's geographical address is Menivim Tower (11th floor) 1 HaTahana St' Kfar Saba , Israel. With regards to any matter, question, and/or request, please contact Office@nofar-energy.co.il Any correspondence with the Company must include your name, company name if relevant, and an email address to respond to your request. The Company will endeavor to respond to any reasonable request within a reasonable time. Unless you have stated otherwise at the beginning of your correspondence to us, any content you submit to us in this manner will be considered non-confidential and non-proprietary to you, and through submitting this content to us you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7.8. Any message sent by the Company to the visitor according to the email address filled in by the visitor when entering their details in the required place requesting their contact details will be considered as having been delivered after 48 hours.
7.9. Statute of Limitation
7.10. Without derogating from the Agreement, the visitor is aware, agrees, and hereby confirms that the statute of limitations period for any claim and/or demand and/or lawsuit against the Company, will be limited to a period of six (6) months, and the parties regard this as an agreement regarding the statute of limitations period, as defined under the Israeli Statute of Limitations Law, 1958.
7.11. Jurisdiction and Choice of Law
7.12. Regarding the use of the Website and/or Services and/or any claim and/or demand and/or lawsuit arising from their use and/or everything related to or arising from the receipt of the Company's Services and/or anything and everything else directly or indirectly related to the Website, only Israeli law shall apply. The exclusive jurisdiction concerning the aforesaid will be given to the authorized court in the city of Tel Aviv-Yafo, and the substantive and procedural law that will apply will be Israeli law, which will prevail over any rules that refer to the application of different law.
7.13. Last update:_01.07.23