1. GENERAL
These terms of use (“Terms of Use”) set forth herein apply to the web site owned, operated, licensed, and/or controlled by CAESARSTONE LTD. and/or its affiliates (collectively, “The Company” or “We”), located at the following domain address: http://www.caesarstone.com (the “ Website”).
THE WEB SITE PROVIDES CONTENT AND INFORMATION ABOUT THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY. THE WEBSITE’S CONTENT IS PRESENTED FOR INFORMATIVE PURPOSES ONLY.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using, accessing or browsing through this Website you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Website.
Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the Website to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Website, after such revised Terms of Use have been posted on the Website, shall constitute your consent to the new or revised Terms of Use.
You have various ways of contacting us through the Website. However, nothing on the Website or in your submitted inquiries requires us to make any engagements or business arrangement with you, partner with you, provide any products or services to you, engage in any present or future marketing activities or engage in any discussions or negotiations with you.
2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
All information, product information, content and/or material posted on the Website (“Materials”) are the property of the Company, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website. You agree not to infringe upon all the above rights.
Without limiting any of the foregoing when using the Website, you must not:
(a) modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell any Materials displayed on the Website, including but not limited to the trademarks and copyrights of the Company and its affiliates, or to make derivative use of the Website or its Materials;
(b) make commercial use of the Website or any Materials displayed on the Website;
(c) violate or attempt to violate the security of the Website, or bypass any technical measures used to prevent or restrict access to any portion of the Website;
(d) reverse engineer, decompile or disassemble the Website, or convert into human readable form any of the Materials of the Website not intended to be so read, including but not limited to using or directly viewing the underlying code for the Website except as interpreted and displayed in a web browser;
(e) use any data mining, robots, or similar automated data gathering and extraction tools to access the Website;
(f) Collect, harvest, obtain or process personal information of or about other users of the Website;
(g) interfere with or attempt to interfere with the proper working of the Website or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
(h) alter or modify, or attempt to modify, any part of the Website;
(i) attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website through hacking, cracking, mining, phishing or any other means;
(j) Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website;
(k) use reports, Materials, electronic documentation or other materials available on the Website to feed any downstream product, application or Website; or
(l) violate any applicable law.
You may download, where specifically permitted, one copy of the Materials displayed on the Website on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Use of such Materials for any purpose that is inconsistent with these Terms of Use, including without limitations the use of such Materials on any other Website or networked computer environment is strictly prohibited and shall be deemed a violation of the Company’s copyright and other proprietary (including intellectual property) rights.
You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity, to stalk or harass other users of the Website, or to engage in any other activity which infringes the rights of the Company or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEB SITE.
3. SITE PROMOTIONS
The Company is not responsible for typographical or other errors or omissions regarding products, services, prices, or other information provided on this Website. All Website product and/or service sales and promotions are subject to these Terms of Use, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Website. Prices, promotions and availability are subject to change without prior notice.
4. PATENTS
Without limiting any of the foregoing or hereunder, the Company’s or any of its affiliates’ products, technology and processes referred to or posted on the Website may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and the Company and/or its affiliates reserves all such rights.
5. TRADEMARKS
Without limiting any of the foregoing or hereunder, CAESARSTONE, the Company’s logo and other trademarks included in the Website are trademarks of the Company. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and all rights in such names, marks or logos is reserved by the Company.
6. INTELLECTUAL PROPERTY AND INFRINGEMENT POLICY
The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, articles, images, Materials, graphic design, data and its processing, the Website’s “look and feel”, computer code and any other detail concerning its operation.
You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company’s explicit prior and written consent. Trademarks featured on the Website (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent.
The Company is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Website should be addressed through our online contact form, available at: Contact Us.
The Company will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, the Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
7. DOWNLOADS
Any download of data and/or files from the Website shall be at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
8. LINKING TO THE WEB SITE
Unless you have a written agreement or a specific consent in effect with the Company which states otherwise, links to the Website may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that the Company is affiliated with any person or entity, or that the Company otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Website may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks; (c) all links to the Website must “point” to the URL “http://www. http://www.caesarstone.com ” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking web site, or any other Website. Without limiting any of the above, the Company reserves the right to revoke its above consent to the providing of any link to the Website, at any time in its sole discretion.
9. CHANGES AND AVAILABILITY
From time to time, we may change the Website’s structure, layout, design or display, as well as the scope and availability of the information and Materials therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. The operation of the Website depends on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault free.
YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
The availability, quality and functionality of the Website depends on various factors, including communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are also not fault-free.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
10. DISCLAIMER
THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE MATERIALS DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKE THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY MATERIALS, STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR FROM ANY COMMUNICATION WITH THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF MATERIALS OR INFORMATION OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS NOT APPLY TO YOU.
You agree that if you are dissatisfied with the Website or any services offered in connection with the Website, if you do not agree with any these Terms of Use, or you have any other dispute or claim with or against the Company with respect to these Terms of Use or the Website, your sole and exclusive remedy is to discontinue using the Website and any services offered in connection with the Website.
12. INDEMNIFICATION
By accepting these Terms and using the Website, you agree to defend, indemnify and hold the Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party; or (iii) your use or misuse of the Website.
13. THIRD PARTY’S CONTENT
To the extent that the Website contains links or any other information to outside services and resources, the Company does not control the availability and content of those outside services and resources. We do not operate or monitor these websites and content. You may find these websites or the information and content posted there objectionable or not compatible with your requirements. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions or dealings made between you and such third-party websites. Some of the Materials in this Website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.
14. NO ENDORSEMENT
No reference made in this Website to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of the Company, constitute or imply an endorsement, recommendation or favoring by the Company.
15. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
The Company reserves the right to limit or revoke your access to this Website in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use. The Company further reserves the right, in its sole discretion, to refuse service, to block or prevent future access to and use of this Website and to alter or delete any material submitted to the Website. Following termination of this license, the terms of these Terms of Use that by their nature shall still apply after termination, will remain effective.
16. PRIVACY POLICY
The privacy policy in connection to this Website is available at: Privacy Policy [NL1] and is hereby incorporated by reference to and forms an integral part of these Terms.
17. TERMS AND CONDITIONS OF SALE
These Terms of Use incorporated herein by reference the Terms and Conditions of Sale available here,[NL2] which may be amended from time to time, at Company’s sole discretion (“Terms and Conditions of Sale”), unless explicitly said provided otherwise by Caesarstone, Terms and Conditions of Sale will set out the terms and conditions that will apply when you place an order of products (“Products”), and consist of, inter-alia, the following terms: payment terms, delivery terms, order cancellation, returns, product warranty, etc. Please read them carefully before purchasing any Products. By purchasing any Products, you (the “Customer”, “your” or “you”) hereby confirm that you have read, understood and accept the Terms and Conditions of Sale, and agree to be bound by those terms.
18. CHANGES TO THE TERMS OF USE
Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the Website to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Website, after such revised Terms of Use have been posted on the Website, shall constitute your consent to the new or revised Terms of Use.
19. GENERAL
Materials provided on the Website may contain statements relating to current expectations, estimates, forecasts and projections about future events that are “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. These forward-looking statements relate to the Company’s plans, objectives and expectations for future operations, expectations of the results of the Company’s business optimization initiative and its projected results of operations. These forward-looking statements are provided to allow potential investors the opportunity to understand management’s current beliefs and opinions in respect of future results or trends so that they may use such beliefs and opinions as one factor in evaluating an investment. These forward-looking statements are not guarantees of future performance and undue reliance should not be placed on them. There can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements actual results may differ materially from those projected as a result of certain risks and uncertainties, both known or unknown. These forward-looking statements are made only as of the date hereof, and the Company undertakes no obligation to update or revise the forward-looking statements, whether as a result of new information, future events or otherwise.
Depending on your place of residence, the governing law and dispute resolution arrangement for these Terms of Use are as follows:
If you reside in | Governing law and court jurisdiction |
Canada | The Parties hereby agree that a) all aspects of this Agreement, and b) the resolution of any and all disputes arising from or in connection with this Agreement, including any disputes arising under or in connection with this Agreement, shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario. |
United States | These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware. Any and all disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction and venue of the Delaware State courts located in Wilmington, and the Federal District Court for the District of Delaware. |
United Kingdom | These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any and all disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction and venue of the courts in London, England. |
Singapore | These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any and all disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction and venue of the courts in the Republic of Singapore. |
Sweden | These Terms of Use shall be governed by and construed in accordance with the laws of Sweden. Any and all disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction and venue of the courts in Stokholm, Sweden. |
Australia | These Terms of Use shall be governed by and construed in accordance with the laws of the New South Wales, Australia. Any and all disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction and venue of the courts in Sydney, Australia. |
Elsewhere | These Terms of Use shall be governed by and construed in accordance with the laws of the state of Israel (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). The parties will submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the Court Tel-Aviv, Israel. |
If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and the Company with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. The Company may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by the Company of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
20. CONTACT US
Please feel free to direct any questions or concerns regarding these Terms of Use by contacting us through our online contact form, available at Contact Us.
These Terms of Use were last modified on: June 17, 2024