Consist Website Terms and Conditions of Use

These Terms and Conditions of Use (“Terms of Use“) apply to Consist’s website located at www.consist.co.il (“Site“) and all associated sites linked to the Site by Consist. Any use of the Site is subject to these Term of Use. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Ownership of Site; Agreement to Terms and Conditions of Use

The Site is the property of Consist Group (“Consist“, “we“, “us“, “our“) and its licensors. Consist reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, and all modifications thereto, Consist grants you a personal, revocable, non-exclusive, non-transferable non-sublicensable and limited license to enter, view and use the Site and the Content that we provide on our Site. “Consist Group” shall mean the group consisting of Consist Systems Ltd. together with its parent company, its affiliates and its subsidiaries.

Trademarks and names of companies or products or services mentioned in the Site belong to their owners. The use of the Site does not grant you any rights to the intellectual property of Consist or of third parties, including in the Content, and you do not acquire ownership rights to any part thereof. Consist reserves all rights not expressly granted herein.

Content

All text, information, materials, documents, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Consist, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Consist’s express prior written consent.

You may use information, materials and documents on Consist products and services purposely made available by Consist for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, internal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Using the Site; Restrictions

You may not (and may not allow any third party to):

• modify, distribute, duplicate, copy, transmit, adapt, broadcast, advertise, perform, create a derivative work or product of any kind, publicly display, disclose and/or exploit for any commercial or public purpose, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the Site and/or the Content and/or the name of Consist or of third parties.
• create links to the Site from other sites.
• use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
• attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Consist server, or to any of the products or services offered on or through the Site, by hacking or any other illegitimate means.
• probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Consist, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Consist’s systems or networks, or any systems or networks connected to the Site or to Consist and/or to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Consist on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Consist or others, including using the Site to post or otherwise publish through the Site in any manner any prohibited content, including the following content that: (1) violates or encourages the violation of any provision of law or of rights of any kind of any person or entity; (2) is pornographic and/or sexually explicit, abusive, harassing, obscene, threatening, racist, defamatory, inciting, threatening, insulting, encouraging the commission of offenses of any kind, violating the privacy or dignity of a person, or the feelings of the public; (3) is incorrect/misleading/false; (4) harms/infringes the property rights of others, including intellectual property, among others uploading content that does not belong to the violator; (5) is SPAM/junk mail of any kind; (6) any hostile computer code or application (including viruses, spyware, trojans, worms, etc.); (7) has to do with minors and identifies them, their personal details or their address, and ways to contact them; (8) is passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services that require registration or payment, without such payment or registration; any information and/or content whose publication is prohibited by any law; (9) is of a commercial nature or that contains any advertising information.

Breach of any of these terms automatically revokes your permission to use the Site, and you will be obligated to immediately destroy the contents found in your possession and which you have used in this prohibited way.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, at any time, without notice and at our sole discretion.

You agree that Consist may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

 Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Consist’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Consist may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Consist makes no commitment to update the materials on the Site with respect to such products and services.

Your Content and Privacy Policy

By using our Site, you acknowledge that you have read our Privacy Policy available at ______________, which applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.

Without derogation the generality of the aforementioned, all content posted by you (“Your Content“) on the Site is the sole responsibility of the person or entity who originated, created and/or posted such content. We do not monitor or control Your Content posted on the Site and we cannot and do not take responsibility for such. Your Content you post on the Site and the sharing of such information are done at your own risk.

You agree and acknowledge that you are entirely responsible for all Your Content that you post, send or otherwise make available on the Site. You represent and warrant that you have (and will continue to have during your use of the Site) all necessary licenses, rights, consents, and permissions which are required to post and otherwise use Your Content in the manner contemplated by these Terms of Use.

Consist may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Consist’s rights or property, or the rights or property of visitors to or users of the Site, including Consist’s customers. Consist reserves the right at all times to disclose any information that Consist deems necessary to comply with any applicable law, regulation, legal process or governmental request. Consist also may disclose your information when Consist determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Consist may preserve any transmittal or communication by you with Consist through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Consist determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Consist, its employees, users of or visitors to the Site, and the public

Links to Other Sites and to the Site

This Site may contain links to other independent third-party Websites (“Linked Sites“). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Consist’s control, and Consist is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Feedback and Information

Any feedback you provide at this Site shall be deemed to be non-confidential. Consist shall be free to use such information on an unrestricted basis.

Further, you agree that any remarks, ideas, feedback, comments, suggestions or any other information that you may provide to us (collectively, a “Submission“), is entirely voluntary, and that we will be free to use any such Submission as we will see fit, without any obligation or compensation to you or any other person sending the Submission. We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to us all rights therein. We will not be required to treat any Submission as confidential or proprietary. You acknowledge that you will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Disclaimers

The Site and all Content available on or through the Site are provided on an “as is” and “as-available” basis, with all faults, and Consist and any related entities, do not make and fully disclaim any representations or warranties of any kind what so ever regarding the Site and/or the Content, orally or in writing, express or implied, whether implied by the law or otherwise derived from it, procedure or practice, to the maximum extent permitted by law, including any representation that use of the Site will be interference or error-free, uninterrupted or that any defects will be corrected, or that your use of the site will provide specific results, or with regard to the merchantability, fitness for a particular purpose, reliability, or accuracy of the content, non-infringement or any other violation. Consist disclaims any duty or obligation and make no commitment to update the Site or the Content.

All information provided on the Site is subject to change without notice. Consist cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Consist is not and will not be liable for any use of the Site or its Content or for reliance on them, and bears no liability for the Content, its correctness and/or for any use that is made of it. The Content is general in nature, it is not a substitute for professional consultation of any type, and you should not rely on advice received through the Site for the purpose of making any decision in any area. Any reliance on the Content and/or the advice you receive through the Site shall be at your full and sole responsibility, and you will bear full responsibility for your use of the Site and/or its Contents, and for the outcome of such use.

Consist disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Consist disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any Content. You assume total responsibility for your use of the Site, the Content and any Linked Sites. Your sole remedy against Consist for dissatisfaction with the Site or any Content is to stop using the Site or any such Content.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Consist reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to modify or to make any changes to the Content, information, and services published on the Site at its discretion, including terminating the services on the Site, or a portion thereof ; and (4) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Consist reserves also the right to refuse to grant access to the Site or parts thereof to any user, at its sole discretion and without prior notice.

Limitation of Liability

Except where prohibited by law, in no event will Consist, its affiliated companies and/or Consist’s or such entity respective managers, directors, officers, employees, shareholders, suppliers, agents, representatives, other third parties and/or the heirs (“Consist’s Indemnitees“) of the above and/or those replacing them be liable to you for any indirect, special, consequential, exemplary, incidental or punitive damages, what so ever, including, without limitation, loss of profits, loss of data, loss of use, loss of goodwill, business interruption or any other loss, injury, claim, liability, or damage of any kind, even if Consist has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Consist and/or Consist’s indemnitees is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Consist and/or Consist’s Indemnitees liability shall in no event exceed the amount of US$100.00.

Indemnity

You agree to indemnify and hold Consist and/or Consist’s Indemnitees harmless from any and against any and all claims, demands, obligations, losses, liabilities, costs, debt claims or expenses (including attorneys’ fees), made against Consist and/or Consist’s Indemnitees by any third party due to or arising out of or in connection with your use of the Site and/or your violation of any term of these Terms of Use, or any other Consist’s terms or agreements and/or your violation of any applicable law or regulations or of third party right, including any copyright, access rights, property or privacy right.

Violation of These Terms of Use

You agree that Consist may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Consist, for which monetary damages would be inadequate, and you consent to Consist obtaining any injunctive or equitable relief that Consist deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Consist may have at law or in equity.

If Consist does take any legal action against you as a result of your violation of these Terms of Use, Consist will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Consist. You agree that Consist will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

Without derogating from Consist’s right to seek injunctive relief in any jurisdiction it may deem fit, both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms of Use, and you hereby acknowledge your consent to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

Consist is not responsible for adapting the Site and/or the Content and/or their accessibility outside of Israel.

Miscellaneous

The headings of the sections in these Terms of Use are for reference only and shall not be considered in the interpretation hereof.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Consist with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Consist with respect to such use are hereby superseded and cancelled. Consist will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

Consist’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Consist of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Consist and you or any other party be deemed to modify any provision of these Terms of Use.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Consist Privacy Policy

Consist Group (“Consist“, “we“, “us” and “our“) respect your privacy. Please read the following to learn more about our Privacy Policy (“this Policy“). This Policy, as may be updated from time to time according to the terms set forth herein, applies to Consist websites, products, software and services. “Consist Group” shall mean the group consisting of Consist Systems Ltd. together with its parent company, its affiliates and its subsidiaries.

This Policy, as may be updated from time to time according to the terms set forth herein, informs the viewer/customer/visitor of our website (“you” or “your“) of our policies and procedures regarding the way we collect, use and disclose the information we collect and/or otherwise receive when you are accessing, viewing and using our website (including when you interact with us through it), products, software and services, which may also include information about you, your users and/or your clients.

By accessing, viewing and/or using our website, you are agreeing to comply with and be bound by this Policy. This Policy does not apply to third-party online resources to which Consist’s website may link, where Consist does not control the content or the privacy practices of such resources.

1. When Does This Policy Apply?

This Privacy Policy concerns the following categories of information that we collect from you:

• Personal Data, that we may process (to the extent we have access to it) due to your relationship with us as a customer or as a potential customer; “Personal Data” means any data that, either on its own or jointly with other data, can be used to identify a natural person (‘data subject’), or details that identify a data subject or could be used to identify a data subject. You directly provide us with such data when you use our websites, products, software or services, or interact with us by, for example, contacting us for support. We may also obtain data by recording how you interact with our websites, products, software or services. For example, we may use technologies like cookies. As permitted by law, we may also obtain data from public and commercial third-party sources, for example, purchasing statistics from other companies to support our services.
• Anonymized Data we collect and/or generate and/or provided to us and/or received by us, all, in the framework and in connection with the Service.

This Privacy Policy applies to Personal Data collected by Consist.

2. Your Consent and Rights

The provision of Personal Data depends on your consent. However, refusing to provide such information may prevent us or our website from functioning properly and certain services may not be available. Further, not providing Consist with certain data may mean that we cannot provide you with certain products, software or services or respond to an issue that you have raised.

By using our website, products, software and services, you consent to (i) the collection, transfer, processing, storage, disclosure and other uses of your Personal Data, and (ii) to the transfer of such Personal Data outside of the country where you reside in, to other countries for storage, processing and use as described in this Privacy Policy.

You are allowed to use the website and the services contained therein that are offered by it, for personal, non-commercial use only, subject to the Terms of Use available at.

You are entitled to know whether we hold Personal Data about you, and you may review your Personal Data and correct inaccuracies, subject to the law.

3. Collection of Information

Information may be submitted by you voluntarily and in some cases information may be collected automatically.

The gathering of Personal Data from the website is carried out in two ways:

• Directly: If you email or otherwise contact us, we may keep your message, email address and contact information to facilitate communications with you. For example, when you provide information to sign up for the newsletter, to receive services, or when you address various inquiries to us, or fill out forms.
• Indirectly: through the technology of the website, our servers automatically record information created by your use of the website. Such data is collected by server logs, cookies (see explanation in below), web beacons and pixel tags, and may include information such as the date and time of visits to the website, the pages viewed, time spent at our website, and the Internet sites visited just before and just after our website, your IP address, your operating system and browser type.

We may also collect, use and share non-personally identifiable information, that cannot be used to identify a particular individual and therefore is not considered Personal Data. For example, aggregated data such as statistical or demographic data, such as the numbers of visits to its website. We collect this data to understand how users use our websites, products, software and services so that we can improve our services and better satisfy your needs. We may collect, use, process, transfer, or disclose such information for other purposes at its own discretion.

4. Cookies

A cookie is a small text document or data file, which creates an anonymous unique identifier (generated randomly) in order to identify you in your future interaction with us. You can instruct your browser, by changing its options, to manage or delete cookies based on your own preferences, to stop accepting cookies or to prompt before accepting a cookie from the website. If the you do not accept cookies, you will still be able to interact with us.

As you use our website, the website uses its cookies to differentiate you from other users. Cookies, in conjunction with our Internet server’s log files, allow us to calculate the aggregate number of people visiting our website and which parts of the website are most popular. This helps us gather feedback in order to constantly improve user experience, our website and better serve our customers. 

5. Our Use of Information

We may use Personal Data we collect to, and/or otherwise generate for one (or more) of the purposes as set forth below (as may be updated from time to time). Where we process your Personal Data, you have the right to withdraw your consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn.

Personal Data may be collected on the website to:

• maintain and develop our business activities, including improving our website, products/software/services, marketing, customer relationships and experiences, through internal audits, data analysis, and research;
• Providing you with customized user experience and content and manage or promote our relationship with you, or with your company, and contact you;
• Analyzing the efficiency of our business operations and evaluating market share;
• big data analysis, machine learning and other artificial-intelligence processes, whether directly or through third parties on our behalf;
• provide you our products/software/services;
• deliver relevant advertisements, marketing and other content to you;
• consider your application for career opportunities at Consist;
• Complying with and enforcing applicable legal requirements, industry standards and our policies; and
• protect our rights and legitimate interests and the rights and legitimate interests of third parties.

We may also use and/or process your Personal Data with for other purposes, as otherwise authorized by you.

6. Transfer of Information
   • Your Personal Data, is, in some instances, shared throughout Consist’s internal channels and various internal departments, such as customer support center for maintenance related issues, and IT and/or development department for product development issues.

We do not sell, rent or lease Personal Data. However, we may share, disclose and/or otherwise transfer your Personal Data to external third parties, with the exception of: (a) public, government, judicial and law enforcement entities, as required by law; (b) legal and regulatory authorities, our professional advisors and service providers, to the extent necessary for the provision of their services; (c) to take any action in any case of dispute involving you with respect to your usage of our website, products, software and/or service; and (d) in connection with a sell, transfer, merger, acquisition, reorganization or sale of assets or parties whose business we wish to acquire or in the event of bankruptcy.

• We may share, disclose and/or otherwise transfer certain pieces of aggregated, non-personal data, which does not identify you individually, and in specific cases, where:

• it is required to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights (including investigation of potential violations thereof) or property;
• it is required for maintaining or developing our business activities;
• we choose to sell, transfer, merge or otherwise change control of parts of our business or our assets, or our corporate structure; or
• we have obtained your consent for such disclosure.

7. Protection Measures

We implement on our website information security systems and procedures, and continue to improve them in accordance with the availability of appropriate new technologies. These systems and procedures reduce the risk of unauthorized entry to Consist’s computers, but do not provide absolute security.

We also take reasonable technical and organizational measures in order to restrict access to information and use a variety of methods for the purpose of safeguard and trying to protect your information against loss, theft, and misuse, as well as unauthorized use or access, alteration, disclosure or destruction.

However, we do not promise that any information will be fully protected from unauthorized disclosure or use and we do not guarantee full security of the website and therefore, we are not responsible for unauthorized access of the information and/or data stored on it.

8. Linked Sites

The website may contain links to and from the sites of third parties. We are not responsible for the practices employed by such sites nor the information or content contained therein. Following these links leads to third-party sites operating under different terms of use and privacy policies from those of us, and we have no responsibility or obligations with respect to these sites, their content, their visual elements, the data found there, or the policies that apply to them.

When you use a link to go from our website to another Internet site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other site, including Internet sites which have a link on our Site, is subject to that site’s own rules and policies.

9. Changes to this Policy

We may revise and/or amend the terms of this Policy from time to time. Any such changes to this Policy will be promptly communicated on this page. If major changes are made to the Privacy Policy, we may notify you through different channels, for example, posting a notice on our website or sending you direct notification. However, for avoidance of doubt, your continued use of the website will be deemed to constitute your acceptance of any and all such changes.

If we need to adapt this Policy to legal requirements, the amended Policy will become effective immediately or as required.

10. Contact Us

If you have any questions or comments about this Policy, please contact us at [email protected]. 

Updated on July 2020.