1.1. Machine system (the “Company”), is the owner and operator of Machine.co.il, which serves as a publication and promotion index for the heavy equipment field in Israel, and which includes sub-sites and related sites (collectively and individually, the “Site”).
1.3. The Terms are phrased in the masculine for convenience, and are tuned into male as female.
1.4. In these Terms, a singular also means plural, as applicable.
1.5. Subject to these Terms, the term “user” means any person that uses the Site in any manner whatsoever (the “User”).
2. Registration procedures and providing personal information
2.1. Before carrying out the registration to the Site (the “Registration”), you are required to provide personal information such as: first name, last name, phone numbers, address, email address and more. We emphasize that the data delivered by you is not obligated by law but without providing data that is defined as “must”, you would not be able to use the services offered on the Site such as the publication of ads. Mandatory defined data will be marked conspicuously different from other fields.
2.2. Submission of false information is a criminal offense; therefore, doing so may lead to criminal and civil legal proceedings.
2.3. For the purpose of Registration, the details entered by the User will be considered as a proposal (the “Proposal”). After the Registration, the Company may accept or reject the Proposal and only upon approval from the Company by e-mail, the Proposal will be considered as a Registration confirmation and the addition of the User to the Site (the “Subscriber”).
2.4. Registration can be performed on Site throughout the week, 24 hours a day.
3. Permission to use the Site
3.1. A User who meets the following cumulative conditions may use the Site:
3.2. An order made by a User within the State of Israel:
3.2.1. The User is qualified to perform legally binding acts. If the User is a minor (under 18) or is not entitled to perform legal actions without the approval of a guardian, his activity on the Site will be considered as if it was approved by the guardian.
3.2.2. He has a valid Israeli identity card or a corporation lawfully incorporated and domiciled in Israel.
3.2.3. He has an e-mail address.
3.3. An order made by a User outside the State of Israel:
3.3.1. The User is qualified to perform legally binding acts under the laws of the State in which he lives. If the User is a minor (under the laws of his country) or is not entitled to perform legal actions without the approval of a guardian, his activity on the Site will be considered as if it was approved by the guardian.
3.3.2. He has an e-mail address.
4. Maintaining the confidentiality of User information and information security
4.1. To register to the Site, it is required to enter personal information as specified in Section 2.1 of these Terms (the “Information”).
4.2. The Information is kept in a database of the Company. The Company undertakes not to make any use of the Information without the User’s permission unless required by law or to prevent abuse. The Company will utilize the Information and allow access only to service provided by it and subject to these Terms.
4.3. The Company is taking acceptable precautions to maintain, as much as possible, the confidentiality of the Information. Despite the aforementioned, if lost or in case of an unauthorized usage of the Information, due to circumstances beyond the control of the Company and/or due to force majeure, the Company shall not be liable for any damages of any kind, direct or indirect, caused to the User and/or any other person.
4.4. The Company undertakes not to use the Information of registered users on the Site but only for Site operations.
4.5. The Company may contact the User, by e-mail and/or text messages (SMS,Whatsapp and a like), regarding information related to promotions, advertisements, etc.
4.6. The Company will not transfer Information to third parties except in the following cases:
4.6.1. The User performed an act or omission that could harm or hurt the Company or any third parties.
4.6.2. The User has used the Company’s services for an illegal act or to assist carrying out such action.
4.6.3. The User has violated these Terms or any other agreement with the Company or its representatives.
4.6.4. The Company was instructed by a court order to hand over User Information.
4.6.5. In any case of conflict, dispute or legal proceedings between the User and Company, if they may be.
5. Technological tools for gathering information
5.1. The Company uses conventional technology tools to collect information such as cookies, Google analytics, web tags and Facebook pixels, for the purpose of analyzing the Site usage statistics and improving the browsing experience.
5.2. A cookie is a small information file that we transfer to your computer or mobile device in order to document the use of the Site services.
5.3. You can delete and/or prevent the creation of cookies by changing relevant browser settings, however, this will impair the use and browsing experience of the Site.
6. Site’s ads management policy
6.1. The Company may cancel/modify/edit any ad uploaded to the Site, at its discretion. The Company reserves the right to disapprove text which is inappropriate and/or does not meet the standards of the Site.
6.2. These Terms allow each User to upload only one ad in the same matter, to modify and edit it any time.
6.3. The Company reserves the right to block/cancel any ad that does not meet the above.
6.4. If you find that an ad, posted by any User, is infringing and/or violating your intellectual property, you may approach us from the Contact Us page and report this violation. The company undertakes to examine your inquiry with the User and, if necessary, remove the ad from the Site.
7. Intellectual property
7.1. All property and intellectual property of the Site, including its design, applications, programming code, graphic files, images, designs, texts and other information within it and/or connected to it, are the property of the Company and it is prohibited to use them unless a prior and written approval is granted by the Company.
7.2. The Company name, its logo and trademarks on the Site are the exclusive property of the Company and it is prohibited to use them unless a prior and written approval is granted by the Company.
7.3. Do not copy, reproduce, duplicate, distribute, display, upload, transmit, publish, edit, sell, modify and/or make any commercial use, in any form or manner, in the contents of the Site and/or items of information, software, but subject to these Terms or if a prior and written approval is granted by the Company. It is prohibited to perform any illegal use in the Site and/or with its content.
8. Products and services available for purchase on Site
8.1. The Company offers the Subscriber a variety of products and services:
8.1.1. Highlighted Ads. Highlighting creates more visibility than free adverts on the Site. The Site offers several ads highlighting packages.
8.1.2. Automatic Bumping Ads. Automatic bumping creates more visibility than free adverts on the Site.
8.1.3. Advertising (banners).
8.2. The Site has a secured credit card clearing mechanism,protected by Tranzila.
9. Cancellation of transactions
9.1. To cancel the subscription, it is required to contact the Company by e-mail at [email protected] and state the Subscriber’s full name and number.
9.2. A Subscriber will not be entitled to refund in the event of subscription cancellation.
9.3. In any case, a Subscriber is not entitled to freeze his subscription during the period of subscription.
9.4. A Subscriber cannot transfer his subscription to a third party.
9.5. In any case of cancelling paid advertisements prior to their expiration, the advertiser will not be entitled to any refund and the Company will not be obligated to compensate the publisher by any amount.
9.6. In any case where there is a written contract between the Subscriber and the Company, the cancellation provisions defined in the contract will apply.
9.7. Notification of subscription cancellation will be delivered to the Subscriber on via e-mail to the address specified by him during Registration.
10. Ongoing Site operation
10.1. The Company may change, as it sees right, without prior notice, the Site's structure, temporarily or permanently, including editing, adding and cancelling any of its essential functions. Interruption of the Site's ongoing operation during repairs, modifications and improvements will not constitute grounds for any claim or demand from the User.
10.2. The Company does its utmost to enable the User to browse the Site regularly, however, it does not guarantee that the service provided on the Site will not be interrupted and/or supplied continuously without any disruptions, faults or interruptions associated with the Site's operation and its accompanying third party elements. The Company shall not be liable for any damages of any kind whatsoever, direct or indirect, aggravation, inconveniency, etc. caused to the User as a result.
10.3. The Company reserves the right, in accordance with its procedures and sole discretion, to decide on the nature, design and placement of its advertisements throughout the Site, and there shall be no restriction as to the nature or manner of the advertising. It is hereby clarified that the Company may place its advertisements within ads, posted by users of the Site, including paid ads, without any consideration or compensation to the users, even if the advertisements publish a service competing with the User's provided service or belong to a competitor or contrary to the User's values or tastes.
11. Additional terms
11.1. The Company will not be responsible for the content posted in ads on the Site.
11.2. The Company will not be responsible for the content published in links on the Site, leading to other sites, or to their orderliness.
11.3. The Company and/or its representatives will neither be responsible nor bear any direct, indirect, consequential damage caused to the User or a third party as a result of use and/or Registration through the Site, including loss of income and/or prevention of profit incurring for any reason. The liability of the Company in any case would be limited to a refund of the User’s money.
11.4. The Company’s computer records of actions performed through the Site will be evidence of the correctness of operations.
11.5. Interpretations and enforcement of these Terms and/or any action or dispute arising from it, will do under the laws of the State of Israel and the competent court in Tel Aviv will be an exclusive jurisdiction to discuss with.
11.6. These Terms are subject to change, in its sole discretion of the company.
12. Customer service
12.1. In case the User has questions about the services and/or the presented items on the Site, the User is invited to contact the Company using the details appearing under Contact Us page.
13. The right to examine information according to the protection of privacy law (the “Privacy Law”)
13.1. Section 13 of the Privacy Law states that:
(a) Any person is entitled to examine by himself, or by proxy, empowering him by writing, or by his guardian, the information which is held in a database.
(b) A database owner will allow the examining of information at the request of a person, as mentioned under subsection (a) (the “Applicant”), in Hebrew, Arabic or English.
13.2 Section 14 of the Privacy Law states that:
(a) A person who examined information relating to him and found it to be inaccurate, incomplete, unclear or outdated, may contact the owner of the database, and if the owner is a foreign resident – the holder of the database, requesting to correct the information or erase it.
(b) If the owner of the database agrees to fill out the request, as mentioned under subsection (a), the owner will perform the necessary modifications in the information under his possession and notify about them to anyone who received the information from him during the period which is determined by the regulations.
(c) If the owner of the database refuses to fill out the request, as mentioned under subsection (a), the owner will notify the Applicant in a manner which is determined by the regulations.
13.3 Section 15 of the Privacy Law states that:
Upon the refusal of a database owner to permit access as mentioned under section 13 or section 13a and upon a refusal notice, as mentioned under section 14c, the Applicant is entitled to appeal to the Magistrates Court in a manner which is determined by the regulations.