CONDITIONS D'UTILISATION
Dear Surfer,
Use of this website (the “Website”) is subject to the terms and conditions specified below and attests to your consent thereto. You are requested to read the terms fully and thoroughly, since they are the legal basis for any and all deliberations between you and Drinka Beverages Ltd. (“Drinka Ltd.”) as well as a binding agreement between you and Drinka Ltd.
In the context of these Terms of Use, “Surfer” – any and all persons and/or corporations and/or entities of any kind. “Drinka Ltd.” – including its managers, employees, and shareholders, and anyone on its behalf. Anything stated in these Terms of Use in the feminine gender – will also import the masculine gender. Anything stated in these Terms of Use in the singular – will also import the plural.
General
In any case of a discrepancy and/or an inconsistency between the Terms of Use and any other publication, of any kind and type, these provisions will prevail and it is they which will be conclusive.
As a condition to the use of the Website, you undertake to Drinka Ltd. not to use this Website for any unlawful purpose.
The pictures on the Website are designed for illustration purposes only. There may be differences and changes between the appearance of the products in the pictures on the Website and their appearance in reality.
A variety of appliances of Drinka Ltd. are presented on the Website. Nothing in the aforesaid constitutes an undertaking of any kind of Drinka Ltd. with respect to the supply and/or availability of the appliances presented on the Website.
Nothing in the information which appears on the Website constitutes any recommendation and/or opinion of Drinka Ltd.
The Website may include links to websites that are not operated by Drinka Ltd. but by others. Such links are designed for your convenience only. Drinka Ltd. does not control and/or supervise such websites, and is not responsible for the content that appears therein. Nothing in the inclusion of these links on the Website constitutes approval of the material that appears therein and they do not attest to any relationship with the operators of such websites. In addition, Drinka Ltd. does not undertake that any links found on the Website will actually work and lead to an active website.
If it is ruled that any part of these Terms of Use is invalid or non-enforceable, by virtue of the provisions of the relevant laws, including but without limitation, the limited liability clauses below, the clauses that are no longer valid or that are non-enforceable will be deemed to have been replaced by valid enforceable clauses whose content is as close as possible to the intention of the original clauses, while the remaining clauses of the agreement will remain in force and effect.
Intellectual Property
The copyright and intellectual property on the Website belong to Drinka Ltd. and in this context, and without derogating from the generality of the aforesaid, Drinka Ltd. is the sole owner of the trade names and trademarks of the Website as well as the domain name, the patents and samples of the Website, whether or not they are registered, the trade secrets involved in the operation of the Website, the design of the Website, the technological information involved in its operation, including but without derogating, software, applications, graphic and other files, computer codes, texts and/or any other material included therein. Do not copy, distribute, duplicate, publicly present, or deliver to a third party the information and/or any part thereof. Do not modify, publish, broadcast, transfer, sell, distribute and/or make commercial use, of any kind, of the information and/or any part thereof, except with advance written permission from Drinka Ltd., other than use which is permitted by law. The Website is intended solely for personal and non-commercial use. This agreement only authorizes you to use the Website.
For the avoidance of doubt it is hereby clarified that Drinka Ltd. is not responsible for prejudice to or infringement of intellectual property rights of any kind, including trademarks and trade secrets in relation to the right of use which is conferred on a surfer of the addresses including the domain names and e-mail addresses.
Limitation of Liability
Drinka Ltd. does not undertake that the services will not be disrupted, will be regularly provided uninterruptedly, will exist securely and error-free, and will be immune to unauthorized access or damage, malfunctions, problems or failures of the hardware, software, lines and communications systems, at Drinka Ltd., any of its suppliers and/or anyone on its behalf.
The provision of the services by Drinka Ltd. is contingent, inter alia, on third parties, and Drinka Ltd. shall not be liable for any act or omission of third parties and will not be responsible for any damage and/or loss and/or expense incurred by any surfer and/or third party as a result of and/or in relation to any act or omission as aforesaid.
Any use and reliance by the surfer on any and all content, information, advertisements, services, products either presented or advertised on the system are performed in the discretion and under the sole responsibility of the surfer.
Insofar as the surfers engage with third parties, Drinka Ltd. shall not be liable in any manner and will not bear any responsibility for any damage and/or other arguments, which the surfers will have as a result of such engagements.
The surfer represents and undertakes that she will not have any argument, claim or demand vis-à-vis Drinka Ltd. with respect to the quality of the information, the services and products published and/or supplied on the Website and/or on websites of others, their capabilities, limitations and suitability to the surfer’s needs, and she hereby waives any argument and/or claim and/or demand as aforesaid against Drinka Ltd. and/or against anyone on its behalf.
Drinka Ltd. Shall not be liable for any direct, indirect, accidental, consequential and/or incidental damage, inability to use, loss of data and/or loss of profits deriving from the use of the services and/or any and all information, content, services or products on the Website and/or which may be accessed through the Website, also if it shall have arranged for any kind of supervision over the content posted on the Website or which may be accessed or viewed through the Website, and even if it learns of the possibility of such damage which will be caused to a surfer and/or third party of any kind, with respect to the Tapuz website and/or the services, use thereof, inability to use the same, their cancellation, limitation or discontinuation.
If Drinka Ltd., of its free will and over and above the call of duty, tries to assist with solving a problem and/or a surfer’s request, such assistance will in no manner be interpreted as imposing any kind of liability on Drinka Ltd.
Disconnection, discontinuation and changes
Drinka Ltd. may remove content from the Website, in its exclusive discretion and without being required to provide a notice thereon to the surfers and in this context, to block and/or limit and/or discontinue the Website’s services in circumstances where a surfer shall have used the Website in a manner which may disrupt the Website, other surfers, or in a manner which constitutes a civil or criminal tort, or such which establishes reasonable grounds to suspect that the surfer’s conduct contradicts and/or violates the terms and conditions set forth in these by-laws.
In addition, Drinka Ltd. may disconnect or limit or discontinue the rendering of the Website’s services at all times, including but without derogating, for the purpose of performance of essential or immediate acts of maintenance or setting up of the systems that are used thereby.
Nothing in the blocking, discontinuation or limitation of the services as aforesaid, imposes any liability on Drinka Ltd. and/or derogates from the surfer’s obligation to act pursuant to the Terms of Use at all times.
From time to time Drinka Ltd. will be able to change the structure of the Website, its appearance, the services on the Website and their availability, scope and any and all other aspects entailed thereby – and all, without being required to notify the surfer. The surfer will not have any argument, claim and/or demand against Drinka Ltd. due to the performance of such changes and/or problems that will occur incidentally to the performance thereof.
Privacy protection
The surfing of the website and using of the services included therein constitutes consent on your part to Drinka Ltd. being able to perform computerized monitoring of the use you make of the services through “cookies” and/or similar means. Drinka Ltd. may use any and all such information, for the purpose of control and/or supervision and/or development and/or maintenance of the quality of the services, their level and intactness and/or in order to comply with the provisions of any and all laws, and/or for its needs, and in this context services and surveys of Drinka Ltd.
Drinka Ltd. strictly complies with the provisions of any and all laws and in this context the Privacy Protection Law, 5741-1981, and it will maintain the privacy of the surfers and will not disclose to anyone who is unauthorized therefor by law, lists or documents that include the surfer’s name and address or any other information with respect to her, other than details and information within the public domain, posted by the surfer herself.
By surfing the Website and using the services you agree that Drinka Ltd. will use your information in order to receive updates and/or material and/or advertising and/or marketing material via your e-mail address.
Applicable law and jurisdiction
The laws of the State of Israel will apply to these Terms of Use and to anything deriving herefrom or entailed hereby. The Terms of Use will be interpreted according thereto, and any dispute or legal issue in relation hereto will be brought for ruling by the competent judicial instance in Tel Aviv Jaffa only. The use of this Website is prohibited in jurisdictions in which all of the provisions of the terms, conditions and stipulations included in this document are not valid, including but without limitation, the provisions of this paragraph.