Regulation Governing Website Use

General

  1. The website (“site”) of the Israel Incoming Tour Operators Association (“Association”) offers, or will offer Internet users, information and content first publicized on the site and/or content from third parties, and/or additional information in various fields. Moreover, the site reserves the right to manage a virtual shop offering various products (“services”).
  2. The use of a page, including the services offered therein (“use”), is dependent on the user’s agreeing to the terms of these regulations and subject to them. Full responsibility for being aware of the regulations and using the site based on them, will always rest on the user only. Any use of a page and accessing it at any time, are evidence of the user’s agreeing to the terms of the regulations.
  3. Whatever is written in these regulations regarding the purchase of products via the Internet will be valid under changing circumstances too and will also apply to purchases made by telephone communication.
  4. The terms of use of the site are worded in masculine form for the sake of convenience only; they relate to men and women alike.
  5. The following terms will be interpreted as specified below:

“The Association” – the Israel Incoming Tour Operators Association or Smile Tourist Services Ltd.

“The Company” – Smile Tourist Services Ltd.

“User” – any person or body of any sort that accesses the site.

“Information” – any material and/or data appearing on the site, in any media format, including (but not limited to) word, pictures, drawings, graphic elements, sketches – including the graphic design of each and all of these.

“The Product” – any merchandise and/or service that the Association may choose to offer its users, in return for value or not, subject to the sole discretion of the Association.

Intellectual Property

  1. The user declares and affirms that he knows that the copyrights, patent rights commercial secrets, rights of ownership and/or the use of data, including distribution rights and any other intellectual; property rights to all types and forms of data, belong to the Association and/or to third parties, as applicable, and that the user will not have any right of all to the data, except for the right to use them for his personal needs only.
  2. Various parts of the data and the photos on the site are posted on the site in accordance with agreements between the Association and third parties, and/or enable (among other options) referral or links to other Internet sites (“other sites”). The copyright on the information and/or images may belong to third parties. The Association cannot take responsibility in any way or form for the content of material displayed on the other Internet sites and/or channels of the site that are operated by third parties. For the sake of clarification, surfing on any of the site’s channels or anywhere else on the site to which regulations governing designated site use pertain, means that in addition to the regulations governing the use of this site, the user fully agrees to comply with the designated regulatory instructions listed on the various channels of the site and/or anywhere else on the site, in addition to anything and everything listed in the aforementioned site regulations. The user states and affirms that he knows that the Association does not have the ability and/or possibility to examine the content of the other sites and/or the data appearing on them. Any and all use of the data found on the other sites, is the sole responsibility of the user, and the user waives any claim against the Association in this regard. It is forbidden to copy, photocopy, distribute, market, make use of, or give to anyone else, the data and/or images on the site, or to make any other commercial or non-commercial use of them without the express written a priori consent of the Association and in keeping with the conditions of use or authorization of those third parties and/or owners of the other sites.

Everything stated in this paragraph also applies to the rights concerning the data or images advertised on the site in the banners appearing in it.

The Association is not responsible for the content and/or the copyright infringement of advertisements placed on the site by any third party – including those appearing as banners, if such exist.

Conditions of Use of Information

  1. The rights to make use of information, belongs solely to the user. The user is not permitted to allow any third party to make any use whatsoever of the data, either for or without compensation.
  2. The user promises to use the information and services of the site in keeping with the provisions of any mandatory law and in accordance with the guidelines and instructions of the site and the Association.
  3. The user promises not to publicize any information, wholly or in part, except within the framework of the conditions defined in the site. Without derogating from the generality of the aforesaid, this paragraph is applicable to the publication of any output of data, whether in print, presented as a file, via magnetic means, or in any other form.
  4. The user promises not to duplicate, photograph, copy or print any output from the data or any part of it, for the purpose of distribution or publication of any sort.
  5. Any copying, distribution, delivery, broadcast, or publication of information stored on the site, which is not in keeping with the conditions laid forth in the site and in these regulations, is forbidden, unless prior express written permission is granted by the Association to do so.
  6. The user promises the following:

Not to store the data on other Internet sites.

Not to make changes of any sort or form, to the data.

Not to make commercial use of the data.

To safeguard the data and to take all requisite measures of care to prevent their loss or their falling into the hands of anyone else.

Limited Liability

  1. Information presented as a service to the user only is publicized on the site and it may be updated from time to time. The Association is not liable for the content of the information and for any use made of it, and publication of the information should not be taken as granting the user the right to rely on these data without checking them independently and without any dependence on what is publicized on the site.

Included in this, the Association is not liable for business transactions relating to the purchase of products from businesses advertising on the site, and the rules governing the direct relationship between user and the aforesaid businesses will govern purchases of this sort.

  1. The user declares and affirms that he knows that the Association is not responsible in any way or form for the services and information and for any use he makes of them, whether directly or indirectly, and that he himself only is responsible, fully and exclusively, for every use he makes of the services and data.
  2. Part of the data publicized on the site is of an economic nature. Use of these data requires independent checking and verification on the part of the user. The Association will not be held responsible in any way whatsoever for mistakes in the data, and publishing them on the site is not to be taken as any sort of recommendation and/or opinion. Any reliance on the data is the sole responsibility of the user.
  3. The user declares and affirms that he realizes that despite the fact that the Association operates so that the data will be as correct and precise as possible, it may be that there are defects, and/or mistakes, and/or imprecisions in the data and/or in the manner they have been passed on to the user, and/or disruptions, all of which (among others) as a result of technical mishaps, human error and/or third parties, and/or any other reason. It is hereby clarified that the Association will not be held liable for any damages, direct or indirect, caused to the user as a result of his reliance on, and/or use of the contents and data published on the site. Without derogating from the generality of the aforesaid, the absence of liability relates, inter alia, to the following data as well: prices; price lists; maps; addresses; monetary exchange rates; the use of search engines, advertisements, etc.
  4. The Association does not promise that the use of the data on the site will be free of disruption, mistakes, damages, malfunctions or faults.
  5. The services are offered as is to the user and the user will not raise any claim relating to their suitability to his needs.
  6. The advertisements on the site also include responses, and/or information that is publicized on the site by users. The Association is not responsible for information and/or opinions and or responses that are publicized by users, and it will not bear any responsibility of any sort and form for the information and/or responses and/or opinions as stated, or for any results arising from the use of them.
  7. The information and advertisements presented on the site enable, among other options, referrals to other Internet sites. The Association is not responsible in any way or form for the content of the data on other sites. The user declares and affirms that he realizes that the Association is unable and/or has no possibility to examine the content of other sites and/or the data appearing there. The user alone is responsible for any use of data from other sites, and the user waives any and every claim vis-à-vis the Association in this regard.
  8. The Association, including its management, staff and anyone acting on its behalf, will not be held liable for any damage, direct or indirect, caused to the user and/or any third party resulting from the use of data and/or content and/or resulting from the cancellation, and/or stoppage and/or cancellation of services, including those arising from disruptions and/or failure in the transfer of data, whether caused by malice by any third party, or by any fault.
  9. The Association will be permitted to change any other aspect that is included in the site, without the need to offer notification of this in advance. Changes such as these will be implemented, among other reasons, based on the dynamic character of the Internet network and technological and other changes happening on it. Changes of this sort, by their very nature, may entail mishaps and/or may involve temporary discomfort and/or similar issues. The user will have no claim against the Association, and/or no legal demand and/or firm request from it, arising from the aforementioned changes and/or mishaps that may occur as the result of their implementation.
  10. The user agrees that the Association include advertisements on the site, including the use of banners and/or promotional articles and/or any other use the Association sees fit to publicize: pop up; pop under; vocal advertisements; video; etc.
  11. The Association also is not responsible for special events advertised on the site, which are  organized by third parties and advertised on the site. These events (the very fact of their existence, the content the degree of accuracy and/or congruity between the event and what it was advertised as being, or anything else associated with these events)are the sole responsibility  of those advertising them, not of the Association.

Conditions of use of forums and/or the addition of talkbacks and/or notifications on the site

  1. The user is permitted to take part in forums on the site (“forums”) in accordance with the directives and instructions  that will be given by the Association from time to time, including permission to add responses and/or notifications posted on his own behalf, and also to read responses and/or notifications posted by other users (“talkbacks”).
  2. In using the site and by giving assent to these regulations, the user declares and affirms that he realizes that the talkbacks are not publicized and/or edited by the Association and that they appear on the site as is, without the Association’s checking their truthfulness and content. The Association will not bear responsibility of any sort and form for any unsuitability, error, deception, lie, distortion, inexactitude, infringement of copyright, libel, slander, invasion of privacy, veracity of information and/or any other aspect of the aforementioned contents and/or for any damage of any sort and form resulting from viewing and/or using and/or reading the forums and/or talkbacks.
  3.  The user promises that his talkbacks on the site will be in keeping with the provisions of any mandatory instructions and will not include any material that that might hurt the feelings of the public, and/or any pornographic material, or material of a blatantly sexual nature and/or material related to minors that identifies them, and/or causes harm to or violates the possessory rights of others and/or material that aids, supports or directs others to, or identifies with the perpetration of any act  that constitutes a crime according to the laws of the State of Israel, and/or any material that violates court orders and/or harms national security and/or violates censorship provisions, and/or any material that constitutes slander and/or material that invades privacy, and/or material that is forbidden by law to be publicized, and/or any material that constitutes consumer deception as understood in law in general and in the Consumer Protection Law, 1981-5741 in particular.
  4. The user declares and affirms that he realizes that the Association has the right to edit, change, correct, abbreviated and/or rewrite talkbacks, to remove them in their entirety or in part and/or to remove and material or data from the forums in accordance with its own absolute discretion, without any obligation to provide advance notification.
  5. The user, in implementing activities that provide content for the site, expressly declares that he has total possessory intellectual property rights to this content and that by the very fact of providing content to the site, he permits any and all use of the content, including publicizing it and/or removing it from the site, and/or publicizing it in any and every media related directly or indirectly to the Association.
  6. The user declares and affirms that he realizes that the Association will be permitted to cease the activities of the forums without giving advance notice of such.
  7. The Association will be permitted to adopt all legal measures at its disposal, against a user that violates these provisions, and it will be permitted to pass on the user’s details to any group or individual that may be harmed by this violation, and/or to law enforcement authorities. The user waives any and every claim vis-à-vis the Association in this regard.
  8. The user undertakes to compensate and/or indemnify the Association for any expenditures it incurs and/or for damages caused it as a result of the violation of the provisions of these regulations, and/or impingement upon the rights of the Association and/or those of any third party by the publicizing of talkbacks by him, including legal expenses and lawyer’s fees.

Mailing services, including advertising mail

  1. The Association offers e-mail and other mail services (including mail services via the Internet, cellular networks and any and every other form existing now or in the future, including a newsletter). This includes, but is not limited to, receiving mailings of a newsworthy, and/or promotional nature, directly to the user of these services, in accordance with the provisions and instructions that will be given by the Association from time to time (“mailings”). It is expressly clarified that the contents of the mailings may include promotional, advertising and similar content appended to the news content, or material of no newsworthy content at all The user may agree to be listed as a subscriber to the mailing service, and in consenting to these regulations, the user declares and affirms  that he is aware of the provisions of Amendment No. 40  to the Communications Law (Telecommunications & Broadcasting), 2008-5768 and that he expressly agrees  to mailings being sent him by the Association in all ways elaborated upon in the law (including by fax, automatic dialing system electronic messaging, or short text message) and/or by any future relevant means. The user of the mailing service may disconnect from the service at any time in accordance with ways set down by law, and also by turning to the site’s customer service as detailed at the address:                                 The user of the mailing service may resubscribe to the service by turning to the site’s customer service.

Protection of privacy

  1. The Association will be permitted to condition surfing the site and/or other services offered by the site, to registration that will include details identifying the user, as well as other details, in accordance with its discretion. If the user does not provide the requisite details that will be listed expressly on the site as being compulsory, the Association will be permitted to prevent the user from surfing the site and/or specific areas of the site, and/or prevent him from using the various services the site provides, in accordance with the Association’s sole and exclusive discretion.
  2. The Association will be permitted to save the details provided by users and/or details on them that will be accumulated in the Association’s data base and to make use of them in accordance with the provisions of any and all mandatory instructions. The Association uses accepted data security measures to protect the site. Despite the above, it is clarified that it is not in the power of the Association to block and/or prevent unauthorized invasion of the data bases with absolute certainty, and the user hereby waives all legal demands and/or claim against the Association in this regard, providing the Association has used reasonable measures to prevent such unauthorized invasion.
  3. The Association will be permitted to make use of the details provided to it by users, along with any other data on them that may accumulate when they use the site, in order to contact them and to keep them updated regarding campaigns on the site and/or regarding additional services offered by the Association or by third parties. The Association is permitted to make use of the aforementioned data, for marketing purposes and/or as part of the statistical data it accumulates, for its own use, and/or as part of the data it passes on to third parties, subject to the condition that such data will not identify the user by name or provide details of his identity.
  4. The Association will not provide personal details of the user, to third parties, but will be permitted to transfer other details of a non-personal nature, such as ”cookies.”
    1. The user declares that he realizes that while he carries out activities related to registering on the site, the Association will be permitted to plant text and content files on his computer (known as “cookies”) ,which enable the user to be identified whenever he surfs ( “cookies”). In the event the user wishes to erase the cookies, he must turn to the Association’s home site.
    2. The Association operates advertising services with third parties – Internet advertising companies – from time to time. The user herby permits the Association to share the data on him that has been accumulated by the cookies, to these companies.

General

  1. It is hereby clarified that the Association will be bound only by what is mentioned in these regulations.
  2. The Association maintains the right to change the instructions and the rules governing use of the site, from time to time, in accordance with its sole judgment. The user will be bound by any and every such change, from the moment it is advertised on the site.
  3. The user declares and affirms that he is aware of the site’s regulations and agrees to its provisions and that he will have no claim and/or legal demand against the Association.
  4. These regulations will serve as the legal basis for any adjudication between the user and the Association and/or anyone acting on its behalf.
  5. The user, in making use of the site, declares that he realizes that the site operates on the Internet, and by its very nature it is dependent on various bodies, such as communications and infrastructure suppliers, servers, etc. The Association does not guarantee the total availability of the site and/or the intactness and regularity of the site’s activity.
  6. The user takes sole responsibility for the use of the site. The Association and/or anyone acting on its behalf will not be held responsible for any or all damages, direct or indirect and of any sort, to the user and/or any third party relating to the use of the site and its services, and/or in any case where an order was not received by the system, and/or for any and all problems, technical and/or other, which prevents the user from participating on the site.
  7. The Association undertakes various security measures in order to safeguard the privacy of the users and of the data supplied to the site. Nevertheless, the site is exposed to security breaches and to its servers being invaded. The very use of the site absolves the Association and/or anyone acting on its behalf, from all responsibility for any and all damages caused to the user and/or anyone acting on his behalf, as a result of abuse of the site, including, though not limited to, security breaches, and the invasion of the site’s servers for the purpose of revealing and gathering data on users.
  8. The user undertakes to compensate and/or indemnify the Association for any damages and/or expenditures (including legal fees) caused it as a result of the violation of the provisions of these regulations, and/or the impingement on the rights of the Association, and/or damage to the rights of any third party as the result of the user’s use of the site.
  9. The Association reserves for itself the right to change products and/or to change the terms of participation and/or to cancel the site and/or any part of the activities of the site, in accordance with its sole judgment, and the user will have no claim and/or legal demand against the Association in this regard.
  10. The Association will be permitted to charge fees for services offered on the site, but only after publicizing notification of its intent, ten (10) days prior to collecting such fees.
  11. In using the site, the user agrees that any claim and or legal demand against the Association will be limited to a period of six (6) months from the onset of the relevant advertisement on the site, and the sides recognize this as an agreement relating to the time frame for the statute of limitations, in accordance with the meaning and significance of Paragraph 19 of the law governing the statute of limitations 1958-5718 – due to the unique nature of Internet site use. For the sake of avoiding any doubt, this provision will supersede any other legal provision.
  12. Any delay on the part of the Association in fulfilling any right it has, based on what has been detailed above, or any refrainment on the part of the Association from standing up for its rights, as mentioned above, will not be considered as waiving its rights.
  13. The authorized court of law in Tel Aviv will be sole legal jurisdiction for the adjudication of any matter and/or dispute regarding services on the site, and it will judge the matter in accordance with the laws of the State of Israel.
  14. The Association will be permitted to block the services and the use of the site, immediately and without prior notice, in case the user makes uses of the site and/or its services in a manner that is contrary to the requirements of any mandatory law and/or the provisions of these regulations, or for any other reasonable cause.

The user agrees and affirms that he has read everything written above and that the very act of accessing the site is his agreement to everything written above. The user waives any and all complaints and/or claims and/or legal demands against the Association and/or anyone acting on its behalf, In this regard.