Terms of use
This English translation is provided for convenience. If it differs from the Hebrew version, the Hebrew version applies.
1. General, and acceptance of the Terms
The yaakovavital.co.il website, at all its addresses and in all its versions (the “Site”), is operated by Yaakov Avital Ltd., company no. 516990173 (the “Company”, “we” or “us”). Browsing the Site, viewing it, using any part of it and sending an enquiry through it are subject to these Terms and to the Privacy Policy, as worded at the time of use. Anyone who does not agree to any of these Terms, even in part, must refrain from any use of the Site. Where these Terms use the masculine form, this is for convenience only, and they are addressed to all genders.
Use of the Site is permitted to anyone aged 18 or over who has the legal capacity to enter into an agreement. Use in the name of a corporation constitutes a declaration by the user that they are authorised to bind it.
2. The nature of the Site. What it is, and above all what it is not
The Site is a promotional website only, intended to present general information about our areas of work and to allow an initial enquiry.
The Site does not provide a service, is not an offer, is not an undertaking and does not create a client relationship. The information shown on it is general, partial, marketing-focused and not exhaustive. It contains no engineering, professional, design, economic, tax or legal advice of any kind, and it is no substitute for a specific review of a particular project by a qualified professional.
Descriptions of services, areas of work, experience, tools and software mentioned on the Site describe possible capabilities only. Mentioning them is not an undertaking to provide any service, of any scope, of any quality, at any time or at any price.
Any engagement for a service will be formed only by a separate written and signed agreement. In the absence of such an agreement, no obligation on our part arises. The terms of engagement, the scope, the fee, the timetables and the liability will be set in that agreement only, and it will prevail over anything said on the Site.
The general terms attached as an annex to every quote of ours are shown in advance and in full on the terms of engagement page, so that they can be read even before a quote is requested. Showing them on the Site is not an offer, does not oblige us to enter into an engagement and does not create a client relationship, and the binding text is the annex actually attached to the quote that was given.
3. No reliance
No content on the Site may be relied on. Descriptions, numbers, examples, images, certificates or any other information may not be relied on for making a design, construction, commercial, financial or legal decision.
Quantities, costs, prices and timetables in the construction industry depend on the drawings, the specifications, site conditions, regulation, the market and the changing circumstances of each project. Any reliance on the Site is at the user’s sole and full responsibility, and at the user’s expense.
4. No warranty and no undertaking. “As is”
The Site, its content and every component in it are offered “AS IS” and “AS AVAILABLE”, without warranty of any kind, express or implied.
To the maximum extent permitted by law, we disclaim all representations and warranties, including, without derogating from the generality of the foregoing: any warranty of the accuracy, completeness, currency, correctness or reliability of the information; any warranty of fitness for a particular purpose or of merchantability; any warranty of continuous, proper or fault-free availability; any warranty of the absence of viruses, malicious code or defects; any warranty of compatibility with any browser, device, operating system or assistive technology; and any warranty of the security of information against intrusion, interception or disruption.
We do not undertake to update the Site, to correct errors, to reply to enquiries, to keep the Site available, to preserve content, to preserve addresses or to continue operating the Site at all. We may, at our sole discretion and at any time, change, suspend, restrict, remove or completely discontinue the Site or any part of it, without prior notice and without liability towards any user.
The absence of an undertaking to reply in this section refers to commercial enquiries only. Nothing in this section derogates from a request to exercise a right that cannot be waived under law, including a request for access or correction under the Protection of Privacy Law. Such a request will be handled only to the extent and within the time limits set by law, and this is not an undertaking to handle other enquiries, to reply to them or to meet any timetable regarding them.
5. Limitation of liability
To the maximum extent permitted by law, the Company, its shareholders, managers, employees, subcontractors and anyone acting on its behalf shall bear no liability, whether contractual, in tort, statutory or otherwise, for any damage of any kind (direct, indirect, consequential, special, punitive, incidental or ancillary), including loss of profit, loss of opportunity, loss of goodwill, loss of data, repair costs, loss of savings or harm to business activity, arising from or related to the Site, its use, the inability to use it, reliance on its content, a delay, a malfunction, an error, an intrusion into systems or the discontinuation of its operation, even if we were advised of the possibility of such damage and even if it could have been foreseen.
If, despite the above, any liability is imposed on us in connection with the Site, its total aggregate amount, for all causes of action together, shall not exceed ₪100. This amount reflects the fact that the Site is offered free of charge and for general information purposes only.
Professional liability, if it applies, will be determined solely by a signed service agreement and subject to the limitations, caps and periods set in it. Nothing on the Site or in these Terms creates any professional liability.
This section shall be interpreted as broadly as the law permits. Where mandatory law does not permit the exclusion or limitation of liability in a particular matter, the exclusion or limitation will apply to the maximum extent permitted in that matter, and the other provisions of the section will remain in force.
5.1 Limited waiver. To the same extent permitted by law, the user waives in advance any demand, contention or claim based on liability expressly excluded in this section. The waiver does not apply to liability that cannot be excluded under law, and it does not prevent recourse to a competent court or a challenge to the validity of any of these Terms.
5.2 Preservation of the provisions of law. Every limitation or waiver in these Terms is subject to the law. They do not exempt from liability imposed by law for bodily injury or for a malicious act, deny a right that cannot be waived, permit misleading conduct, or derogate from privacy, data security, accessibility or consumer rights obligations that apply under law. This reservation is not an advance confirmation that all the other limitation provisions are valid.
6. Indemnity
The user undertakes to indemnify and compensate us, our shareholders, managers, employees and anyone acting on our behalf, immediately upon our first demand, for any damage, loss, expense, payment, fine or liability, including legal fees and court costs in full, that we incur as a result of the user’s breach of these Terms, the user’s use of the Site, the user’s provision of incorrect or offensive information, or the user’s infringement of a right of a third party.
7. Intellectual property
All content on the Site, including texts, wording, structure, design, logo, marks, graphics, images, documents and source code, is the exclusive property of the Company or of third parties who have permitted us to use it, and is protected under the Copyright Law, 5768-2007, trademark law and other laws.
The content of the Site, in whole or in part, may not be copied, reproduced, modified, translated, reverse engineered, distributed, published, publicly displayed, sold, rented, used to create a derivative work or used commercially in any way, without our prior written consent.
The content of the Site may not be used to train, calibrate or feed artificial intelligence models, and no scraping, mining, automated indexing or systematic collection of content from the Site may be carried out, except with our express prior written permission, and except for ordinary indexing by accepted commercial search engines.
The certificates and personal documents shown on the Site are Yaakov Avital’s personal documents, shown for transparency only, and they may not be copied, downloaded for reuse, modified, distributed or used in any way whatsoever.
8. Prohibited use
Browsing is permitted only to obtain information and to contact us. The following are prohibited, among other things: use for any unlawful purpose or contrary to these Terms; attempted intrusion into, scanning, penetration testing or disruption of the Site or its servers; overloading, denial of service or any action that harms the Site’s performance; running bots, crawlers or automated tools without permission; circumventing security or restriction measures; entering false, misleading, offensive or threatening information, or information about another person without their consent; impersonation; using the form to send spam or commercial content; and infringing the rights of the Company or of a third party.
We may, at our sole discretion, without notice and without giving reasons, block access for any user, any IP address or any geographical area, and take any legal measure available to us.
9. Enquiries through the Site
Enquiries sent through the form are handled in accordance with the Privacy Policy. Sending an enquiry does not create an engagement, does not grant any right, does not oblige us to reply at all, and does not oblige us to reply within any period of time. We may decline to reply, reply in part, or stop corresponding at any stage, at our sole discretion and with no duty to give reasons.
We are not responsible for an enquiry not being received, for its loss, for a delay in its transmission or for a technical fault on our side or with our providers. Anyone whose enquiry is urgent is asked to make contact by phone.
Do not provide sensitive, confidential, commercial or protected information in the form. Information provided contrary to this is provided without our request, and we do not undertake confidentiality regarding it beyond what is stated in the Privacy Policy. Nothing in this derogates from our obligations under privacy protection and data security law regarding information actually provided.
The absence of an undertaking to reply in this section refers to commercial enquiries only. Nothing in this section derogates from a request to exercise a right that cannot be waived under law, including a request for access or correction under the Protection of Privacy Law. Such a request will be handled only to the extent and within the time limits set by law, and this is not an undertaking to handle other enquiries, to reply to them or to meet any timetable regarding them.
10. Links and third parties
The Site refers to external services. AiN (ain-engine.com) is a service of AIN ENGINE LTD, company no. 517393534, a separate legal entity, operated under its own terms of use and privacy policy, published at app.ain-engine.com/terms-he. These Terms do not apply to it, and this Site makes no representation about it, including about its availability, content, security, privacy practices or fitness for any purpose. Mentioning the service or linking to it on this Site does not create an undertaking to provide it or to achieve any particular result from it.
As for social networks and any other external link: the links are provided for convenience only. We have no control over them, we do not check them, we do not recommend them and we are in no way responsible for their content, availability, security, privacy practices or any damage caused by using them. The use of all external services is subject to their own terms and is at the user’s sole responsibility.
11. Force majeure
We shall bear no liability for unavailability, delay or failure resulting from circumstances that are not under our full control, including communication or power failures, a failure at hosting, DNS or network providers, cyber attacks, strikes, an epidemic, war, hostile acts, a state of emergency, a natural disaster, regulatory changes or an order of a competent authority.
12. Accessibility
We work to make the Site accessible in accordance with the Equal Rights for Persons with Disabilities Law, 5758-1998, and its regulations. This is not an undertaking to make every component fully accessible, in every assistive technology and in every browser. Details, known limitations and how to contact us are given in the accessibility statement.
13. Changes to the Terms
We may change, add to or remove from these Terms at any time, at our sole discretion, without prior notice and without giving reasons. The binding text is the text published on the Site at the time of actual use. The responsibility for keeping up to date with the Terms lies with the user, and continued use after a change constitutes consent to the updated text.
14. General provisions
14.1 Severability. If it is held that any provision of these Terms, or part of it, is void, unenforceable or unfair, the provision shall be interpreted in the narrowest way necessary to make it valid, and if that is not possible, only that part shall be cancelled. The other provisions shall remain in full force, including the other parts of that provision.
14.2 No waiver. If we refrain from exercising a right, or delay exercising it, this shall not be deemed a waiver of that right or of any other right, and shall not create a precedent or a practice.
14.3 Entire agreement. These Terms, together with the Privacy Policy and the accessibility statement, constitute the entire agreement regarding the Site, and prevail over any prior representation, publication, conversation or correspondence.
14.4 Assignment. We may assign our rights and obligations under these Terms, in whole or in part, without the need for consent. The user may not assign anything.
14.5 No third-party beneficiary. Nothing in these Terms grants a right to any third party.
14.6 Survival. The provisions that by their nature are intended to apply also after use has ended, including sections 3 to 8 and 14, shall remain in force.
14.7 Binding text. The Hebrew text is the only binding text. Any translation, including automatic translation in the browser, is not binding and we are not responsible for it.
14.8 Headings. The headings are for convenience only and shall not be used for interpretation.
14.9 Permissive wording. Wherever these Terms, the Privacy Policy or the accessibility statement say that we may do something (keep, hold, provide, check, run, make accessible, insure, update or continue), this is a permission and not an obligation: it may or may not happen, to any extent and at any time, at our sole discretion and without prior notice. The user confirms this in advance and declares that they do not rely on it happening, and its not happening is not a breach, a misrepresentation or grounds for compensation. This provision applies equally to both parties, and it does not derogate from an obligation or a right that cannot be contracted out of under law, including our obligations under privacy protection, data security and accessibility law, which are not made conditional by this section.
15. Governing law and jurisdiction
These Terms, the Site and any use of it are governed by the laws of the State of Israel only, without application of their conflict-of-laws rules. Sole and exclusive jurisdiction in any matter relating to the Site or to these Terms lies with the competent courts in the Haifa District only, and the parties consent to this jurisdiction and waive any claim of an inconvenient forum.
Nothing in this derogates from mandatory rights that cannot be contracted out of and that are granted to the user under the law that applies to them.
16. Contact
For questions about these Terms: Yaakov Avital, through the contact form on the Site.