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Terms of Use
General
1. Welcome to the Castro website (hereinafter: the “Website”). The Website is owned by Castro Marketing (1985) Ltd. (hereinafter: the “Company”).
2. The use of the masculine gender in the Terms of Use is for reasons of convenience only and they refer both to men and to women.
3. Users whose age is not above 18 (hereinafter: “Minors”) are required to notify their parents and/or guardians (hereinafter, collectively: the “Parents”) about these Terms of Use and obtain their authorization for the performance of any activity of any kind on the Website. The Parents are liable for notifying the Minors who are interested in use of and/or activity on the Website about the Terms of Use as well as for supervising the Minors’ activity in order that the Minors would act in accordance with these Terms of Use. Any activity that will be performed by the Minors on the Website constitutes an agreement of the Minors and/or Parents to the provisions of the Terms of Use.
4. These Terms of Use add to the terms of use of “Castro Friends” and the regulations and/or additional terms of use of the Website (if and insofar as such exist), whereby in any case of contradiction and/or discrepancy between these Terms of Use and specific terms of use of any nature and kind that appear on the Website, the specific terms of use shall prevail.
Use of Website
5. The entry to and/or use of the Website are subject to the Terms of Use that are specified below (including any future change therein) and attest to your agreement to and acknowledgment of these terms and you are therefore requested to read them carefully and update yourself of any changes that shall be performed therein from time to time (if and insofar as performed). If you do not agree to any of the Terms of Use, you are requested to refrain from entering the Website and/or performing any activity thereon and/or making any use thereof. Users of the Website shall have no demand and/or claim in connection with the Terms of Use and/or changes thereof.
6. You may use the Website for personal and non-commercial purposes only. It is absolutely prohibited to make any use, of any kind, of the Website and/or any part thereof for any purpose other than personal and non-commercial purpose.
For the avoidance of doubt, it is clarified that you may not use, in any way, contents, texts, names, designs and graphic contents, music, files, pictures, photographs, clips (audio, video and stills photographs from video), words, logos, signs and any other material that appears on Castro Website, including in the notices and publications on the Website and/or mailings of the Website and/or in any other marketing and/other advertisement material of the Website, (hereinafter: the “Contents”) and you may not allow others to make use of the Contents.
It is clarified that, in the context of the use of Contents for personal and non-commercial purpose only, you are required and obliged to leave the Contents in their original form in addition to the notices concerning the copyrights and ownership in the Contents, as posted on the Website, and not to perform and change and/or omission and/or falsification in such Contents and/or any development and/or change thereof.
7. You hereby undertake not to make any unlawful and/or non-agreed and/or injurious use of the Website.
Disclaimer
8. The Website in whole – including any information on the Website (including information, the access to which is via the Website) and the Website’s underlying software – is presented and made available to you as is. The use of the Website and its services (including the “Send to Friend” service) shall be done at your exclusive and full risk and does not constitute between you and the Company any relations exceeding those that are specified in these Terms of Use.
9. The Company reserves the exclusive right to make any change in the Website and/or the uses provided on the Website and/or these Terms of Use (including, inter alia, adding to and/or derogating from any material that is posted on the Website and/or redesigning it and/or changing its Contents), at any time and for any reason, without being required to give you a prior notice and without any liability by the Company.
10. The Company warrants neither that the use of the Website will be available regularly without disruptions and/or interruptions and/or errors nor that it shall be immune to any unauthorized access to the Company’s computers, breakdowns, damage, failures (including in hardware, software, the communication lines and systems of the Company and/or anyone on its behalf and/or any of its suppliers) nor that is shall not be disrupted for any other reason.
11. Subject to any law, the Company expresses no opinion with respect to and is not liable, whether explicitly or implicitly, for the information, material and actions on the Website and/or the access to which is via the Website and/or for any damage that is or may be caused due to any flaw or dysfunction in the software operating the Website and/or in connection with your use of the Website (including, inter alia, with respect to the use of its Contents and services).
12. The Company reserves the exclusive right to discontinue immediately your use of the Website and/or its services, at any time, at the Company’s sole discretion, in case you breach the Terms of Use and/or any law and/or other provision and/or if the Company decides, at its sole discretion, that you made unreasonable or inappropriate use of the Website.
13. The Company shall not be liable for any damage and/or loss and/or expense, including mental anguish, which shall be caused to you and/or your property in connection with your Use of the Website and with all the provisions specified in Sections 8-13 above.
Content of Website
14. The products that are displayed on the Website are placed for sale in the Company’s stores as long as supplies last.
15. The pictures and/or descriptions and/or designs of the products on the Website are for illustration only.
16. Errors and/or inaccuracies and/or omissions of information displayed on the Website may occur and the Company shall bear no liability therefor.
17. If any error occurred in the product’s price and/or the product’s price was not updated on the Website, it shall not bind the Company and in any case the determining price shall be the price displayed in the Company’s stores.
18. All and/or some of the products displayed on the Website are not sold in the Company’s outlet stores.
19. E & O E.
Intellectual Property
20. All of the intellectual property rights in the Website, including, inter alia, copyrights, trademarks, databases, patents, designs, know-how, commercial secrets and the collection of the personal information of the users of the Website, are owned by the Company or a third party who authorized the Company to use the same.
All or any of the aforesaid may not be copied, distributed, publicly displayed, transferred, modified, processed, reproduced, translated, sold, rented or delivered to a third party, by any means and by any way, without obtaining the explicit prior written consent of the Company.
21. The Company’s name and trademarks (both registered and non-registered) are the Company’s exclusive property and no use may be made thereof.
Links on Website
22. In the Website, you shall find links to various pages in the Internet, which are not the Website and/or owned by the Company. The Company does not warrant that the links to be found in the Website will function properly and lead to an active Internet site. The fact that the Website contains a certain link (even if there is a common sign of the Company and the owner of the Internet page to which the link is leading) does not indicate any knowledge and/or consent by the Company to the content thereof or that the content of the linked website is reliable, complete, updated or has any other quality, and the Company shall bear no liability in connection therewith. You may find that such contents do not correspond to your needs or that you object their content or consider them to be aggravating, illegal or immoral. The Company is not responsible for the contents, data or visual links to which the links lead and is not responsible for any consequence resulted from your use thereof and/or the reliance thereon.
Without derogating from the aforesaid, the Company is not liable for any damage that shall be caused to you and/or your property as a result of using or relying on the information and/or contents that appear on the websites to which you shall arrive via the links existing in the Website and/or for use of or reliance on information and contents posted on the Website by third parties.
Services Requiring Registration
23. Some of the services on the Website require registration. In the course of the registration you shall be asked to provide personal information, such as your name and ways to contact you. The required fields shall be marked. Without providing the data requested in the mandatory fields you shall not be able to register to the services that require registration. The data that you provide in the course of the registration to the services in the websites will be stored in the Company’s database. You are not required by law to provide this information, but if you do not provide it, you will not be able to use such services.
24. Upon your registration to the Company’s database, you shall be deemed to have voluntarily agreed that your name and details, as provided by you, as well as any information accrued about you in connection with your registration to and/or use of the Website (including information on your habits, information or publication that you read on the Website, the pages that you viewed, the offers and services that interested you, the location of the computer via which you entered the Website and more) shall be transferred to the Company and be used thereby for promoting its activities, performing information analysis and statistical research and direct mailing to you, such that using the aforesaid information shall not be deemed as violation of privacy and shall not entitle you to any remedy and/or compensation. In addition, the aforesaid information shall be deemed to be the Company’s property and you are hereby waiving any claim due to the use of the aforesaid information, including, inter alia, a claim under the Protection of Privacy Laws.
The Company may transfer the aforesaid information to entities on its behalf for the performance of the uses mentioned in this section.
Without derogating from the aforesaid, the Company reserves the right to deliver to others any information that shall be required therefrom pursuant to any law and/or judicial decisions.
25. It is clarified that, in the context of providing the services, the Company does not warrant that the email services that will be provided to you as aforesaid shall be provided regularly and without interruptions and/or dysfunctions and/or be immune to break-in to your electronic mailbox, and that cases may occur in which all or any of the mail items in the mailbox shall be deleted, including mailing lists. Consequently, the Company shall not be liable for any damage and/or loss and/or expenses that shall be caused to you and/or your property and/or third parties as a result thereof.
26. The Company is not liable for the non-receipt of benefits (if and insofar as provided) and/or mailing and/or anything in connection with the provision of the services as aforesaid due to any dysfunction and/or error and/or loss and/or failure to fill-in and/or update your personal details.
27. If you wish to be deleted from the Company’s database and no longer receive the aforesaid services and information, it may be notified to the Company via the link “Remove from CASTRO friends”, which shall be displayed in the email messages that shall be sent to you after the registration (insofar as sent), or by sending by email a notice thereof to the Company at info@castro.co.il, or via the link “Contact us” displayed on the Website. The deletion from the database shall be performed within 30 days after receiving the notice.
28. Castro reserves the following rights, as it shall see fit and at its sole discretion:
a. To refuse to authorize a service subscription or to terminate and/or block the use of service.
b. To modify or discontinue the provision of the service at any time and without prior notice.
c. To modify, add, derogate and change at any time all or any of the terms of use of the service, without prior notice.
Indemnification
29. You hereby undertake and warrant to indemnify and/or compensate the Company and/or its employees and/or anyone on its behalf for any damage, loss, loss of profit, payment or expenses that shall be caused thereto (including court fees and legal expenses) due to the breach of these Terms of Use.
Law and Jurisdiction
30. These Terms of Use, as well as all of the regulations and/or addition terms of use displayed on the Website, are subject to the Israeli law and the competent court in Tel Aviv shall have the jurisdiction with respect to the implementation thereof.
Contact Us
31. Inquiries with respect to the Website may be sent to the Company’s Customer Service Department at:
Castro Marketing (1985) Ltd.
(attn: Customer Service Department)
Of 31 Ort Yisrael Street
Bat Yam 59590.
Such inquiries may also be done by telephone: 1-800-266-066 or by email: info@castro.co.il |