Terms of Use

In this document the following terms shall have the meaning set out beside them:

"The Company" – Nikrot Rakevel Rosh Hanikra Agricultural Cooperative Society Ltd.

"The site", "the trading area" or "the area" – an electronic trading area located on the Company's website.

"User" and/or "purchaser" – any person who browses or makes use of the Company's trading area and/or purchases a product or service in the trading area.

"Business" or "businesses" – including anyone who offers products or services in the trading area.

"Personal information" as defined in the Protection of Privacy Law, 5741-1981.

"Processing" – any action performed on personal information, including receiving it, collecting it, storing it, copying it, reviewing it, revealing it, disclosing it, transferring it, delivering it or granting access to it, and analysing it.

"Equipment" – any equipment a user uses in order to browse the trading area, such as, but not limited to, a computer, phone, tablet, communication lines and the like.

The use of the masculine form in this document is for convenience only, and the provisions of the document apply equally to all genders.

The section headings in this document are for ease of reference only and shall not be used for the purposes of its interpretation.

The user is asked to read these terms of use carefully, and where asked to do so will also be required to confirm that they have read and understood them. Use of the trading area is subject to these terms of use. Browsing the trading area and/or purchasing products and/or services in it constitutes the user's consent to all the terms and provisions below.

A condition for using the site is that you agree to all the terms in this document and that you have the legal capacity to enter into a binding agreement and to fulfil its terms in full. Where the user acts on behalf of others, it is their duty to inform those on whose behalf they act of all the terms applying to the orders they make for them. A user who does not agree to any of the terms of use in this document is required not to make any use of the trading area.

The following terms of use apply in addition to any further specific term and/or provision published on the site. The use of certain parts of the area may be subject to further rules appearing in those parts, which are intended to add to the following terms of use and not to derogate from them.

The Company reserves the right to change the terms of use at its discretion. The Company recommends that the user review the terms of use from time to time.

The trading area includes or may include links to other sites. The Company is not and shall not be responsible for the terms of use of other sites, for their content or for anything connected with them. The user's use of links to other sites, or use of other sites, is at the user's sole risk.

The terms apply to the use of the site and the content it contains by means of the equipment and/or any communication tool whatsoever, including computers, telephones and any other device of any kind, and by any means of communication, whether existing or future.

The trading area is the property of the Company. All activity in the trading area must be in accordance with the terms of use.

Any Israeli resident who is of age under the law and has legal capacity under the law, and who holds an email account on the internet, a valid Israeli identity card and a valid credit card from one of the Israeli credit card companies, may take part in purchasing products and/or services on the site. A precondition for the approval of any transaction is receipt of the credit card company's approval for that transaction.

The Company may bar any person from using the site, temporarily or permanently, at its sole discretion, even without cause, and without giving notice of this or providing reasons.

All activity by a user on the site and/or in connection with the site must be for lawful purposes only and by lawful means.

A user is prohibited from making any use of the site in a way that in any manner infringes the rights of others, prevents and/or hinders others from using the site and/or disturbs them, mines information from the site, alters content on the site, copies information from the site that was not intended for publication, and/or makes use of any material that is unlawful, offensive, misleading, insulting, defamatory, repellent, privacy-infringing, of publicly or otherwise controversial content, vulgar, coarse, indecent or otherwise objectionable, encourages criminal conduct, gives rise to a civil wrong and/or otherwise breaches any law and/or legal provision, or which contains advertising or solicitation in connection with any products or services.

Without derogating from any remedy to which the Company is entitled under these terms of use and under any law, the Company shall be entitled to cancel any transaction in the trading area of a user who breached the terms of use, and the user shall have no demand, claim or action against the Company in connection with this.

It is clarified that the user is under no legal obligation to provide the Company with personal information, and it is provided solely of the user's free will. If the user does not provide the Company with certain personal information, the Company may not be able to supply them with the products or services offered on the site.

Where a user chooses to provide the Company with personal information, then, to the extent required, the user must provide complete and accurate information about themselves.

When carrying out an action on the site, the user must enter personal details as follows: first name, surname, email, telephone, address, identity card number and credit card details. A business and/or the credit card company may also require further details from the user.

The entry of details by a user means that they declare that these are their details and that they are correct, accurate and complete, and that the credit card, the email and the telephone line are theirs. Failure to provide the details and/or the submission of false, partial or inaccurate details is a breach of the terms of engagement between the user and the Company and may lead to various legal consequences, including cancellation of the transaction and even being considered an offence under the law.

Where the user places an order through the trading site for products or services that are not supplied by the Company, their details are passed to the party supplying those services or products, and that party may have a policy different from the Company's, and it is the user's responsibility to read it carefully before providing any personal information to that party.

The Company will present in the trading area various offers for purchase and/or engagement regarding various products and/or services, such as consumer goods, holiday services, entertainment, leisure, culture and more.

For the above purpose, the Company serves solely as the long arm of the businesses for the purpose of advertising the products or services, and therefore it bears and shall bear no liability for misleading advertising regarding these products and/or services.

The Company does not sell and/or supply the products and/or services presented in the trading area. The Company makes the site available to the businesses as a platform for presenting and selling their products and services. The sale page of each product or service will show the terms for the sale of that product or service as provided to the Company by the businesses.

The images of the products or services in the trading area are for illustration only, and there may be differences between the image and the product/service sold. The technical specification details of the products, their description and all information about the products, including the list price of the products, are provided by the businesses and are their responsibility. The Company does not supervise the information or its correctness. Responsibility for the information, its quality and its reliability therefore lies entirely with the business. The Company recommends that the user check the market prices of the products/services they are interested in before purchasing.

All prices shown in the trading area are stated in new shekels and include VAT unless expressly stated otherwise.

Sole responsibility for the correctness and/or the manner of presentation of the products and services in the trading area shall lie with the businesses alone, and the user shall have no claim against the Company in connection with this. The presentation of products and/or services in the area does not constitute an expression of opinion by the Company regarding them, their nature or their quality.

Sales on the site are of products and services for the user's personal and family use only, and not for any commercial use. Without derogating from the above, the Company may, but is not obliged to, at any time and at its sole discretion, limit the quantity of products and/or services purchased by any user.

The site offers entry tickets for a visit to the Rosh Hanikra tourism site (hereinafter – the tourism site) and to the various activities held at the tourism site, as they may be from time to time.

All photographs and/or drawings and/or illustrations that appear on the site, to the extent they appear, are intended for illustration only and shall not bind the tourism site and/or the Company. It is expressly clarified that there may be changes and/or inaccuracies originating in production needs that are not within the tourism site's control and/or problems of graphics, technique, the use of computer screens at different resolutions, the use of different software and so on. The photographs and/or drawings of the attractions at the tourism site as stated do not and shall not constitute a representation of the tourism site and/or of the Company, and they are not responsible for errors of any kind that appear on the site, including errors in the text and/or errors in the description of one attraction or another.

Unless stated otherwise, booking tickets on the site does not include any undertaking by the tourism site to provide a marked or reserved seat. In this regard it is clarified that the order of seating at activities held by the tourism site is on a first-come, first-served basis, and on the basis of the space available at that moment, as applicable.

If a contradiction is found between what is stated on the site and what is stated in any other publication in connection with the activities, or any of them, the later provision shall prevail, provided that the later provision was published by the tourism site or anyone on its behalf, including the producers and/or organisers of the activity to which the publication relates.

Booking tickets through the site is intended for the user's personal use, including family members, friends and the like, but is not permitted for commercial uses. The Company may limit the quantity of tickets that can be purchased and booked with a single credit card and/or by a single person, at its discretion.

The Company reserves the right not to honour and/or to cancel an order if it considered, at its sole discretion, that the order was placed contrary to these terms, and the user shall have no claim and/or demand and/or action in connection with this.

The preconditions for ordering tickets from the Company on the site are as follows:

Completion of the verification of the identifying details and of the validity of the credit card and its details provided by the user.

Receipt of the credit card company's approval to carry out the transaction. Notice of the registration and approval of the order by the site will be sent by email to the email address the user provided while making the purchase, within 1 business day from the date the order was placed ("the order confirmation"). An order that was not confirmed by a return email from the tourism site as stated above shall not bind the tourism site, and in such a case the user must contact the tourism site's orders department immediately by telephone, on 073-2710100 ("the orders department").

In order for the site to be able to supply the order confirmation as stated above, the order you place must be received and registered on the site properly and in order, containing all the details required for the order and for charging the user's credit card. If the user receives a message during the placing of the order and/or after placing the order, regarding incorrect content in the order details and/or a message regarding a fault that occurred in the system while registering the order, they must contact the orders department.

After purchasing a ticket, the user may collect the ticket at the tourism site's ticket office only. Ticket collection will be possible on the day of the visit to the tourism site. When collecting the ticket, the user will be required to present the credit card with which the order was made, as well as identification. For the avoidance of doubt, a ticket purchased on the site will not be handed over without presentation of the order confirmation, the credit card with which the order was made and an official identifying document (identity card or driving licence) bearing a photograph, but this shall not cancel the order and the user shall be charged the full amount of the transaction.

After presenting the ticket at the place designated for this at the tourism site, the user shall be entitled to enter the tourism site and take part in the activity. This right of the user is subject to these terms and to the terms of the visit to the tourism site, as well as to the instructions appearing at the place of the activity and on the ticket. The user must check these terms before arriving at the tourism site. The tourism site shall bear no liability for any prohibition that the user learned of only upon arriving at the tourism site.

The tourism site is not responsible for any damage to and/or loss of personal belongings, and visitors are accordingly advised not to bring valuable items with them.

The tourism site reserves the right to set rules of conduct at the site and to remove a visitor who disrupts the proper order and/or behaves violently and/or breaches the rules, and if the tourism site or anyone on its behalf exercises this right as stated, a purchaser and/or holder of a ticket shall not be entitled to any refund and shall not be able to raise claims or actions against the tourism site.

In the event of arriving late for a specific attraction at the tourism site relative to the visit time booked, entry for latecomers is not guaranteed and no refund and/or compensation shall be given for the tickets booked.

The option to cancel a ticket shall be in accordance with the provisions of the law. An entry ticket purchased together with a further combined activity cannot be partially cancelled, only the entire purchased activity can be cancelled.

If the tourism site is closed on the date booked, the user shall be entitled to a full refund or to visit the site on another date of their choosing.

A user shall be charged for the purchase consideration by credit card, immediately, and after receipt of approval from the credit card company.

Payment shall be made by a credit card belonging to the user only, where the identity details match the data provided to the site when making the purchase and the order.

Only a confirmation of a purchase action received in the user's email, containing the order details, including the order number, the purchaser's details and the price, shall constitute confirmation that the order has been received by the Company. The records of the Company's data processing computer regarding the performance of a purchase action by a user in and through the trading area shall constitute evidence of the correctness of what is stated in them.

A transaction shall be considered complete only after the purchaser has obtained approval from the credit card companies to carry out the transaction. Delivery times shall be counted only from the date the transaction is approved by the credit card company.

The user hereby confirms that no receipt shall be sent to them after the purchase is made, provided that they are able to receive and view the receipt details by email.

On supply of a product or service, the user will be asked to provide the order number and to present an official identifying document and the credit card with which the product or service was purchased.

Use of the site is at the user's sole risk. The Company is not responsible for the reliability or the content of any information, service or product presented by the businesses on the site, except in respect of products and/or services expressly stated to be the Company's own.

The user is asked to read all the details regarding the products and services offered for booking on the site, in order to verify that they suit their needs and requirements. The tourism site shall bear no liability in the event of unsuitability, for any reason whatsoever.

Access to the site is provided "AS-IS". Each business is solely responsible for the products and/or services it presents in the trading area, and the Company makes no representation, warranty or declaration in connection with this.

Responsibility for supplying the products and/or services lies with the businesses alone. The Company shall bear no liability in connection with the supply of the products and/or services or anything related to or arising from it.

Each business shall act to supply the products and/or services in accordance with the supply terms stated on the sale page of the products and/or services in the trading area. The methods of supply, its terms and the payment for it shall be determined by each business according to its policy. It is the user's responsibility to check that the delivery location they chose is within the area in which the business agrees to supply the product or service.

Payment for transporting a product to the delivery location requested by a user does not include connection and/or installation and/or any other service apart from the transport, unless expressly stated otherwise by the business.

Without derogating from the above, the Company shall not be liable for any damage, whether direct or indirect, caused as a result of use of the site. In no event shall the Company be liable for any damage and/or loss, direct, indirect, consequential and/or other, arising from and/or connected with a user's activity on the site.

The Company shall bear no liability for direct, special, indirect, incidental or consequential damages (including, among other things, loss of profits or revenue), punitive damages, such as damages of any kind including but not limited to damages subject to equitable remedies or injunctions (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising from: (a) access to or use of the site, or delay in or inability to use the site, or any information contained on the site; or (b) the availability or usability of products and services, unless the damages arise solely from the Company's exclusive negligence and relate only to expenses actually incurred by the user, and only up to the maximum value of the services actually purchased by you.

Nothing in this limitation of liability excludes any liability that may not be limited under the applicable law.

The Company is not responsible for the provision of service and the warranty for the products offered in the trading area after their sale, including their non-supply, the warranty for them, their repair and/or the supply of spare parts. Responsibility for all of the above, to the extent it exists, lies solely with the businesses, including in the event of bankruptcy or insolvency of any business.

Any copying, distribution, transmission, publication, creation of a link or other modification of the site and/or its content without the prior express written consent of the Company is strictly prohibited. Any breach of this clause may result in infringement of copyright, trademark rights or other intellectual property rights, which is prohibited by law.

The site may contain material protected under copyright law, such as trademarks and other proprietary information. The content on the site may not be used in any form or manner that may harm it, in whole or in part, unless expressly determined otherwise by law. Any copying, distribution, transmission, publication or commercial exploitation of material from the site, without express permission from the Company and/or from the owner of the rights in it, is prohibited. All of the Company's trademarks appearing on the site are the exclusive and full property of the Company.

Photographs, videos and illustrations shown on the site, to the extent such exist, are for illustration only and do not bind the site; there may be differences between them and the actual products and/or services.

A user who purchased a product or service on the site shall be entitled to cancel the transaction subject to the provisions of any law, and in particular under the Consumer Protection Law, 5741-1981 (hereinafter – the Consumer Protection Law) and the regulations made under it.

ביטול רכישת שובר יעשה באמצעות פניה דרך הכפתור המיועד לכך באזור הסחר או באמצעות הודעה בדואר רשום לכתובת "אתר התיירות ראש הנקרה, קיבוץ כפר ראש הנקרה ד.נ. גליל מערבי מיקוד 22825" או באמצעות דואר אלקטרוני [email protected] ויכלול את פרטי הרוכש כולל מספר תעודת זהות, דרכי התקשרות ואת פרטי העסקה.

Under the Consumer Protection Law, a distance sale transaction may be cancelled by written notice as set out below:

In goods – from the date the transaction was made until fourteen days from the date the goods were received or from the date of receipt of the document containing the transaction details referred to in the Consumer Protection Law, whichever is later;

In a service – within fourteen days from the date the transaction was made or from the date of receipt of the document containing the transaction details referred to in the Consumer Protection Law, whichever is later, as set out below: in a continuing transaction – whether the provision of the service has begun or not, and in a transaction that is not a continuing transaction – provided that such cancellation is made at least two days, excluding days of rest, before the date on which the service is to be provided. If a continuing transaction under which the provision of the service has begun is cancelled, the consumer shall pay the proportionate consideration for the service provided to them.

The consequences of cancelling the transaction shall be as set out in the Consumer Protection Law. Any amount paid by a user who purchased a product or service on the site and lawfully cancelled the transaction in circumstances entitling them to a refund shall be returned to them (including transport and delivery fees and any other additional payment, to the extent paid), less a cancellation fee of 5% of the transaction price or 100 ₪, whichever is lower. The cancellation fee shall be collected by the business or by the Company. The refund shall be made against the return of the product and/or the service voucher. The costs of returning the product shall be borne by the purchaser, unless the business determined otherwise.

The right to cancel a distance sale transaction shall not apply in the cases set out for this purpose in the Consumer Protection Law.

The above is for general information only. In the event of any contradiction or discrepancy between the above and the provisions of the Consumer Protection Law, the provisions of the Consumer Protection Law shall prevail.

The Company may cancel a transaction (1) in any case where a user provided incorrect and/or misleading and/or partial personal details; (2) where there were errors and/or typing mistakes in the description of the product or service, its price or any material detail in connection with the specific transaction offered; (3) in any case where an action was carried out contrary to these terms of use.

The Company collects, stores and processes for its commercial purposes information about the users of the site, including personal information and including:

Information provided by the user, including credit card details.

Information from the user's equipment, computer, documents and browser, including the IP address from which the user browses, the computer and screen model, browser details, information about cookies, various statistics interfaces and further characteristics.

Information about the user's location.

Information about products and services the user purchased and/or showed interest in purchasing.

The site sends cookies to the user's computer. If the computer's settings prevent this, some of the site's features may not be available to the user. Cookies allow the Company, among other things, to identify the user, to track the user's visits to the site, the pages they visit and more.

When the user sends electronic messages to the Company, whether by email or otherwise, this information may be retained by the Company, including the user's email details and/or other identifying means.

Notwithstanding the above, the Company shall be entitled to transfer personal details provided by the user to a third party in cases where (1) the user carried out an act or omission that harms and/or may harm the Company and/or any third parties; (2) the user made or attempted to make use of the Company's services to carry out an unlawful act; (3) in any case where the Company received an order from an authority lawfully competent to do so, instructing it to deliver the user's details to a third party; (4) in any dispute or legal proceeding between the Company and the user. In addition, the Company may use information received from the user in anonymised form (after anonymisation) for the purpose of analysing statistical information and presenting it and/or for the purpose of delivering it to other parties for any purpose whatsoever.

Where the user uses social networks or communicates with the Company through social networks or through third-party websites, the Company may receive personal information about the user from the social network or from the third-party website.

Any personal information the user provides while using the site may be used as follows:

Placing an order for products and/or services and supplying them, including all the accompanying actions required for that purpose.

Processing, studying, analysing and understanding users' needs, preferences, areas of interest and ways of acting, among other things by various segmentations at the Company's discretion.

Building marketing offers, mailings and sending offers to the user, whether by email, messages of various kinds and other means, whether existing or future.

Actions required in order to comply with legal obligations applying to the Company and/or to the suppliers of the products and services, to the extent such exist.

Sharing information with third parties, including suppliers and business partners, to the extent the sharing is required in order to carry out the purchase of products and services through the site. In addition, the personal information may be disclosed to the Company's advisers and service providers, such as security and IT personnel, marketing service providers and analysts, insurance, accounting, legal and other advisory parties.

The user may request to review the personal information the Company holds about them, demand its deletion or the correction of any of its details.

While using the site, the user may be offered the option of joining the tourism site's mailing list and receiving direct mail from the Company (marketing mail) including, among other things, offers to purchase products and services, the tourism site's newsletter, and information regarding activities held at the tourism site and its facilities ("the mailing list" and "the tourism site's publications" respectively).

Joining the mailing list as stated constitutes the user's consent to receive "advertising material" in accordance with the provisions of the Communications Law (Telecommunications and Broadcasting), 5768-2008.

מובהר כי באפשרות המשתמש להסיר עצמו בכל עת מרשימת התפוצה באמצעות פנייה לאתר התיירות בדוא"ל [email protected] או באמצעות השבה לדוא"ל ממנו שוגרו פרסומי אתר התיירות. כל עוד המשתמש לא הסיר עצמו מרשימת התפוצה, רשאית החברה, בכפוף לחוק התקשורת, לשלוח לו דיוור ישיר ואת פרסומי אתר התיירות כאמור.

The Company reserves the right to make updates on the site on any matter of any kind at any time and without prior notice, including changing these terms. Any such change shall take effect immediately upon its publication or on the date set in it, at the Company's choice. Accordingly, the user's continued browsing of the site or continued use of it shall be deemed the user's consent to the updated terms.

This document, together with all other legal notices, stipulations and terms of use, policies and guidelines on this site, constitutes an agreement between the user and the Company regarding their use of this site. What is stated in this document prevails over all understandings or agreements (whether oral or written), claims, representations and understandings of the parties in connection with the subject of the agreement.

This site may include links to other websites. The Company is not responsible for the information, material, products or services contained in or accessible through these sites. The user's browsing and use of these sites is at their sole risk, and they are required to check their terms and policies.

The user's access to and use of software and other materials on or through this site is at the user's sole risk. The Company bears no liability regarding the reliability, stability or freedom from viruses of such software, and the Company is not liable for any damage caused to the user's equipment.

To the maximum extent permitted by any law, the Company disclaims all liability regarding information, software, products and services contained on the site. All such information is published "as-is" without warranty of any kind. The Company disclaims all liability and obligations regarding this information, and regarding software, products and services contained on this site, to the extent permitted by law.

The user may use this site solely in accordance with these terms and conditions, and in any event for lawful and proper purposes only, consistent with all the laws, regulations and practices accepted in the State of Israel and in any other jurisdiction from which the user browses this site. In particular, the user undertakes not to carry out any action that places an unreasonably or disproportionately large load on this site or on the infrastructure connected to it; and not to obtain or attempt to obtain unauthorised access, by any means, to any of our networks or to any network among them.

No computer application or any other means, including software such as Crawlers, Robots and the like, may be operated or allowed to be operated for the purpose of searching, scanning, copying or automatically retrieving content from the site. This includes creating or using such means in order to create a compilation, collection or database containing content from the site.

The user is prohibited from using equipment that breaches any of the provisions above.

Content from the site may not be displayed in any way, including by means of any software, device, accessory or communication protocol that alters its design on the site or omits any content from it, and in particular advertisements and commercial content.

The Company reserves the right to cancel the user's orders without contacting them and/or to deny them access to this site or to remove them from the mailing list if it considered, at its sole discretion, that the user breached any term of these terms and conditions and/or in any case of the performance or attempted performance, by them and/or from equipment that is or appears to be in their use, of an action that is unlawful under any law on the site or through it.

In any case where the user causes the Company loss, expense or damage as a result of the user's breach of the site's terms of use, the user shall indemnify the Company, its employees, its managers or anyone on its behalf for any damage, loss, loss of profit, payment or expense caused to them as a result. In addition, the user shall indemnify all those listed above for any claim, action and/or demand raised against them or any of them by any third party, as a result of any action carried out by the user on the site in breach of the terms in this document and/or in breach of any legal provision.

The Company shall not be liable for technical faults that prevent or disrupt the user's use of the site.

The Company makes reasonable efforts and takes various accepted security measures to prevent intrusion into its computers, among other things in order to prevent possible harm to users of the trading area and to their privacy. It is clarified that the Company cannot absolutely prevent every unauthorised entry to the site and prohibited use of information. The user hereby fully, finally and absolutely waives any possible claim and/or demand and/or action against the Company and/or anyone on its behalf, of any kind and without exception, as a result of such unauthorised intrusions and/or disclosure and/or use of information arising from such unauthorised intrusions.

The courts of the city of Haifa shall have exclusive jurisdiction over everything relating to these terms.