TERMS AND CONDITIONS
By accessing any of the websites or mobile applications (collectively, hereinafter "website" or "websites") operated by The Realtor Israel Corp. (RIC), including www.realtorisrael.com, www.realtorisrael.co.il and www.realtorisrael.co.il, you, the user, agree to be bound by all of the terms for use and agrees these terms constitute a binding contract between the user and RIC.
This website/database is a copyright-protected work which is owned by RIC. Part of the contents of this website/database, including all real estate listings and related information, images and photographs (collectively, "Listing Content"), are also protected by copyright, which is owned by the RIC who supplied the content and/or by third parties, and is reproduced in this website/database. The contents of this website/database, including the Listing Content, are intended for the private, non-commercial use by individuals. Any commercial use of the website/database, including the Listing Content, in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.
Users may, subject to these Terms and Conditions, print or otherwise save individual pages for private use. However, the contents of this website/database, including the Listing Content, may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by, or displayed on the RIC websites.
Messages Sent via Website
The contents of this directory may not be copied or reproduced, modified or altered in any respect, merged with other data, disseminated in any form, entered into a computer database, used as part of or in connection with a mailing, fax, or e-mail list, or otherwise utilized in any form or manner, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate the information contained in this directory.
The user agrees not to use this website to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages including message that:
(a) infringe, misappropriate or violate any intellectual property or other rights of any third-party;
(b) are defamatory, harmful to minors, obscene or child pornographic;
(c) contain any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information;
(d) are false, misleading or inaccurate;
(e) contain Sensitive Data. For the purposes of these terms for use, "Sensitive Data" means (i) a social security number, passport number, driver's license number, or similar identifier (or any portion thereof); (ii) a credit or debit card number; (iii) employment, financial or health information; (iv) any person's ethnic or religious affiliation or sexual orientation; (v) account passwords; (vi) any person's date of birth; (vii) any person's criminal history; or (viii) the user's mother's maiden name.
RIC is under no obligation to review the content of messages sent through the website but may do so at any time in order to comply with any law, government request, or in the interest of operating the website. RIC may remove any message and/or terminate, limit or suspend any user's access to the website for any reason.
The user agrees that RIC shall have no liability for any damages arising out of the content of any messages sent through this website. Anyone who sends a message agrees to indemnify and hold RIC harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of that message.
Links to Website
Users may link to the website. However, RIC reserves the right to refuse a link at any time at RIC's sole discretion. The user agrees to remove any link to the website at RIC's request. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the RIC website.
Links to Third Party Sites
This website may contain hyperlinks to websites operated by parties other than RIC. Such hyperlinks are provided for the user's reference only. RIC does not control such websites and is not responsible for their contents or the privacy or other practices of such websites.
Users and third parties may not under any circumstance use technology to display the content of RIC's websites in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line.
Liability and Warranty Disclaimer
RIC makes no representations about the suitability of the data or graphics published on this website. The listing information is deemed reliable, but not guaranteed. Everything on this website is provided "As Is" without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Neither RIC nor any of its suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the user's access to or use of this website.
The Services provide you with the functionality and platform to enable you to list your properties for sale or lease on the website located at “websites”. Please note that the features and functionality that may be available as part of the Services or that are available on the Website may be different depending on the device or application used to access the Services or the Website (eg desktop vs mobile).
You may apply for a Service through the Application Form. RIC may, at its sole discretion, accept or reject any Application Form submitted for a Service. A separate Agreement is created between RIC and you for each Application Form that is accepted by RIC.
You acknowledge that your real estate listings software provider may take all action necessary for your listings to be transferred to RIC and uploaded to the Website.
If RIC decides, or is required, to modify or exit a Service (or part thereof), then RIC may, on reasonable notice to you: (a) transfer you to the modified service or an alternative service; or (b) cancel the Service. If the service to which RIC proposes to transfer you to is materially detrimental to you, then you may cancel the service, but you will not be entitled to any refunds or reimbursements of any Fees and charges paid for or in connection with that service.
A Service does not include: (a) back up services; (b) customization; (c) training; (d) attendance at your premises; or (e) correction of errors or defects, including those caused by: (i) faulty equipment or hardware provided by you; or (ii) your negligent acts or omissions and any events beyond RIC’ reasonable control.
Refund will not be provided for any one time payment or subscription. All payments for listing, advertising and subscription are 100% non-refundable once paid.
RIC do not provide credit, refunds or prorated billing for any cancelled one time or subscription listing or advertising.
COMMITMENT TO YOU
RIC will: (a) provide the Services with due care and skill, but does not guarantee that they will be continuous or fault free; and (b) use suitably qualified personnel to provide the Services.
RIC does not guarantee, represent or warrant that:
(a) you or users of the Website will have continuous access to the Website;
(b) the Services will be complete or free from all viruses, defects or errors. You acknowledge and agree that the existence of any defects or errors in a Service does not constitute a breach of any agreement between you and RIC; and
(c) any information supplied or accessed using a Service is correct and complete or sufficient for your intended use.
RIC will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
YOUR COMMITMENT TO RIC
You are solely responsible for:
(a) obtaining any telecommunication services and infrastructures (including Internet access) required to access and use the Services; and
(b) ensuring that any communications through the Internet (including emails) is appropriately secured in transit and during delivery of such communications. RIC may use industry available encryption technology that is designed to encrypt communications to the Website, but you agree that RIC is not liable in any way for the security or otherwise of any such communication.
In using the Service, you must:
(a) ensure the Submitted Materials are provided in the form required by RIC from time to time and contain the correct property and do not contain any information which you would not otherwise be permitted to publish through RIC;
(b) only submit material to RIC by a method pre-approved by RIC (such as via an authorized XML provider);
(c) comply with all policies specified or otherwise notified by RIC to you from time to time, including all policies set out in the Website;
(d) provide RIC with such assistance as is reasonably necessary to provide you with the Service;
(e) notify RIC in writing if you change any information required by RIC to provide a Service;
(f) provide and update from time to time all hardware and software necessary to use a Service;
(g) train your personnel in relation to the use of a Service and ensure your personnel comply with this Agreement;
(h) pay any telecommunication charges incurred by you; and
(i) assess the accuracy, reliability and completeness of any information obtained through a Service.
You must not:
(a) use a Service for any purpose other than those purposes outlined in this Agreement;
(b) do anything which impairs the lawful use of a Service by any person;
(c) use or provide any materials or information provided by RIC to you in connection with a Service to any other person without RIC’ prior written consent (which may be given or withheld at its discretion);
(d) distribute, rent, lease, sell or re-sell, charge, sub-license, assign, transfer or otherwise deal with the Service;
(e) insert any tag, code, cookie or other data tracking or collection device in an advertisement for the purpose of re-targeting RIC users on a third party site, network or exchange;
(f) link, pool, correlate, resell, transfer, disclose or make available any advertising statistics the result of displaying the creative on RIC for the purposes of behavioral targeting or other type of re-targeting off the RIC network without RIC’ express written permission;
(g) introduce or use any device, software or routine that interferes or attempts to interfere with the operation of a Service including but not limited to any device intended to copy any information published by RIC including any listing;
(h) create or otherwise produce either directly or indirectly or wholly or partly any database which is substantially comprised of any information published by RIC; or
(i) intentionally withdraw and relist listings with a view of influencing the search results available on the Website.
You warrant to RIC that:
(a) you have obtained and will maintain all licenses, permits, approvals and consents necessary to enable you to operate as a real estate agent, property developer or builder and that are otherwise required for your business and its operations;
(b) all Submitted Material, whether for the purposes of publication or not:
(i) is accurate and complies with all relevant laws;
(ii) does not infringe any person’s rights (including intellectual property rights), and that the use of all Submitted Material does not and will not infringe any person’s rights (including intellectual property rights);
(iii) is not illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
(iv) is not misleading or deceptive or likely to mislead or deceive; or
(v) not comprised of anything which may adversely reflect in the Website or any website on which the information is published; and
(c) you will comply with all applicable laws in relation to your use of the Service, including all laws in relation to handling and use of personal information.
SPECIFIC TERMS RELATING TO LISTINGS
In using the Service, you must:
(a) only list real property for sale or lease;
(b) only list properties which are presently available for sale or lease and which you have been authorized to market for sale or lease;
(c) not include any promotional web addresses or other promotional material that is not directly related to your listing and your services to lease and sale the property that is the subject of that listing;
(d) not include any information that relates to a business or service that directly or indirectly competes with RIC and its related bodies corporate;
(e) ensure that any Submitted Material in respect of a property, accurately represents the property in question and is free from borders, watermarks (unless otherwise allowed as an exception by RIC), agent location or contact details;
(f) accurately indicate the location of the property being listed;;
(g) immediately remove any properties which are no longer for sale or lease (for example properties which have been sold, leased or withdrawn from the market);
(h) only list each property for sale or lease once on the Service;
(i) provide to RIC in respect of each property at least the minimum required fields for publication, as set out in clause 6 of this Agreement and/or the Website;
(j) ensure that you only list sale and rental listings for which you have been appointed by a vendor or lessor to sell and rent the relevant property; and
(k) only list one listing per property lot address.
RIC will not to the full extent permitted by law, be liable for error, misplacement, amendment, omission or failure to publish any listing.
The following information is the minimum information which you must submit to RIC in respect of each listing for publication on the Website: street address, property type (e.g. house, apartment), title, description, number of bedrooms (except for vacant land), number of bathrooms (except for vacant land), number of car garage or parking spaces (except for vacant land), images (minimum of 1), and display price.
Updates, Upgrades and Revisions
Where the user downloads and installs RIC mobile applications the user agrees to future updates and upgrades of such mobile applications. User can decline automatic updates and upgrades to mobile applications by changing user settings, for example, in the operating system or app platform, where such settings are available.
RIC may at any time revise these Terms and Conditions by updating this posting. All users of this website are bound by these conditions and should therefore periodically visit this page to review any changes to these requirements. The user's continued use of this website following the posting of any changes constitutes acceptance by the user of such modifications.
RIC's failure or delay to enforce any of the terms and conditions under these Terms and Conditions shall not operate as a waiver of any of RIC's rights or privileges under these Terms and Conditions.
Termination of Access
RIC reserves the right, in its sole discretion, to terminate, limit or suspend any user's access to this website without notice or liability, for any reason whatsoever, including the user's breach of any of these Terms and Conditions.
If these Terms and Conditions are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.
These Terms and Conditions shall be governed by the laws of Ontario, Canada. The courts in Ottawa, Ontario, will have exclusive jurisdiction to hear and decide any disputes relating to these Terms and Conditions.