WEBSITE TERMS OF USE

1. GENERAL

The Euro – Asia” website (hereinafter: “Euro-Asia” and/or the “Website”) is the official Website of the Euro-Asia Watch Import (1972) Co. Ltd., Co. No. 510610728 (hereinafter: “Euro-Asia”), the exclusive importer of the Rolex, Tudor, Certina, Balmain Michel Herbelin, Bering and Eberhard.
The Website operates as the PR Website for the Rolex and Tudor brands.
The provisions of this Website terms of use shall apply to any use made by User of the Website and will constitute the legal basis for any discussion between User and the Website representatives. Consequentially you are asked to carefully read the provisions of these terms of use.
Use of the Website will constitute User’s consent for the general terms and conditions and the other conditions appearing in these terms and conditions. Therefore, a Website User who does not agree to the terms and conditions of these terms of use or the contents of this site is asked to refrain from making any use of the website.

2. DEFINITIONS

“The Website” – the Euro-Asia Ltd. website (www.euro-asia.co.il).
“Euro – Asia”  – Euro – Asia Ltd. Watch Import (1972) Ltd., Co. No. 510610728 of 1 Shaul Ha’melech Blvd., Tel Aviv.
“Newsletter” – Newsletters sent to anyone registered in the Website’s distribution list.
“The Information” – The content included in the Website and/or the Newsletters, including the graphic design, the pages and/or the content located on and/or which can downloaded from the Website and/or the data bases and/or their segmentation on the Company Website’s search engines, sketches, drawings, illustrations, pictures, photographs, text segments, graphics, multimedia, etc. 

“The Website Builder” – The Euro – Asia Company and/or anyone acting on its behalf. 

“The Services” – The Services provided and/or which shall be provided to the User on the Website. 

“Protection of Privacy Law” – The Protection of Privacy Law, 5741-1981; 

“Offensive Information” – Any message, information, file, software, data, content, or any other material which is illegal and/or in breach of an agreement and/or malicious and/or threatening and/or vulgarity and/or offensive and/or insulting and/or defamatory and/or libelous and/or harassing and/or racist and/or anything which may be offensive to another person. 

“The Website Manager” – The Euro-Asia Company Ltd. 

“User” – Any person and/or body and/or entity using and/or watching and/or surfing in any other way on the Website or using the Information. 

“Information Provider” – third parties providing and/or who shall provide the Website managers with the information for the Website and/or have given authorization to the Website managers to use their services for the Website. 

3. OWNERSHIP, COPYRIGHTS AND RESTRICTIONS ON USE OF THE WEBSITE.

The Website is under the ownership of the Website Builder and is operated by it. 

The use of this Website does not vest the User with rights of ownership in the Website and/or in the Information and/or in the Services.
The Website and the Information on the Website are protected by copyrights, trademarks and other intellectual property rights. Furthermore, the Website, as an entity, is protected as a complete work. No action is to be taken which may infringe on the above said rights. 

The Services and the Information are made available to the User for the User’s personal use only. The User may watch, view, read and/or download information, for the User’s private use only. 

It is forbidden to duplicate, redistribute, sell, broadcast, publish or to make any other use of the information or parts thereof or of any other material from the Website, whether for consideration or not, without the prior express written consent of the Euro Asia Company and in accordance with its stipulated terms. Moreover, it is forbidden to make any other change and/or remove anything from and/or to distort the Information and/or to execute any other action which may harm the accuracy and credibility of the Information or the reputation or good name of the Euro Asia Company as the copyright holder of the Information and/or the name of any other entity.
Without derogating from the above said, the User hereby declares and undertakes that, when using the Website, he shall act in accordance with the following specified rules of use: 
Will not make illegal use of the Website; 
Will not restrict or prevent others from using the Website or the Services, by any means whatsoever, including, but not exclusively, by hacking or altering the Website; 
Will not send and/or disseminate any offensive information; 
Will not impersonate any person and/or any other entity; 
Will not disseminate messages, files, software, data, content or any other material which is in breach of intellectual property rights of the Website managers and/or of any other third party or any other rights and will not remove messages included in the Website of such rights; 
Will not disseminate any message, information, files, software, data, content or any other material, containing a virus or any other software which may cause harm to the Website and/or the users. 

The Information and Services, their scope and availability and any other aspect related to such, appearing on the Website and the terms of use thereof, may be altered as so decided by the Website managers, without any need for prior notice of such and at their exclusive discretion. Moreover, the Website managers may stop the providing of the Services at any time, fully or partially, all at their exclusive discretion. 

The Website managers may, at any time, immediately stop the User’s access to the Website and to the Services, at the exclusive discretion of the Website managers, including, but not only, if the User has breached the terms of use and/or any law, regulation and/or any other provision and/or if they decide that the user has made improper or unreasonable use of the Website. 

The sending of messages to the Website serves as irrevocable license and authorization, which is unlimited in time and without consideration by the sender of the message, to the Website managers to make any use of the message and its contents. 

The Website and/or the Newsletters may include advertisements on behalf of the Website managers regarding specials deals, bonuses and discounts. The Website managers may stop and/or alter the said special deals/ bonuses/discounts at their exclusive discretion. 

The Website managers may determine that access to the Website and/or parts thereof, will be possible after providing a user name and entry password which are to be allocated by the Euro – Asia Company to the User. The User agrees that the issuing of the password does not derogate from the Website managers’ rights to demand further information to verify the identity of the user and/or to alter, from time to time and at their discretion, the identification details and/or the system for the authentication of the said identity. For the avoidance of doubt it will be clarified that the allowing the entry into the Website without an entry password does not derogate from the terms of this agreement. 

The Website managers may make changes and/or updates to these terms of use at any time. The User hereby confirms that by using the Website he agrees to be subject to the stipulations of the terms of use at any time, and that he must return to be updated about the changes to be made to the terms of use. 

4. LIABILITY

The Website, in its entirety, including any information appearing in it, the software code at its basis and any information or material accessible through the Website – is made available to the Use “As Is” and the Website managers do not bear any liability whatsoever, expressly or implicitly, directly or indirectly. 

The use of the Website and/or the Services and the Information which are made available to the User, is made by the User and at his responsibility only. 

The possibility exists that there may be errors and/or issues and/or inaccuracies of any kind and sort as well as errors caused by the penetration of harmful entities into the Website (hereinafter jointly: the “Issues”), despite the Website managers having acted and doing everything in their ability to ensure the quality, credibility, completeness and accuracy and updating of all the content contained on the Website. The User hereby exempts the Website managers from any liability for the Issues For the avoidance of doubt, the Information, fully or partially, is not necessarily accurate as of the time of the surfing in real time, and the Website managers do not undertake to update such Information. Therefore, it is clarified that the Website managers are not liable for the veracity of the Information and/or the probity and/or the currency and/or fullness and/or suitability thereof for the User’s needs. 

The Website managers are not, and shall not be, liable for the use of the Website not being disturbed, stopped or cut-off and immune against damages, faults, failures or problems with hardware or software in the communication with the Website managers and/or with anyone providing the Information (hereinafter jointly: the “Defect in the Software”). Therefore, the Website managers are not and shall not be liable for damage which may be caused to the User due to the Defect in the Software. 

The Website managers are not and shall not be liable for the Website and the server on which the Website is located being free of viruses, defects, hacking, damages, theft or unlawful entry into the personal computer of the User through the internet as a result of the use of the Website and/or its contents and/or various services and/or as a result of the lack of suitability between the Website and the software/files of the User and the User hereby exempts the Website managers from any liability in this matter. 

The Website may allow for the downloading of software. The Website managers are not liable for any damages which may be caused due to the downloading of the said software and/or due to the use of any software downloaded from the Website. 

The Website managers may send an identification file for the User, allowing them to identify the computer from which the User is calling the site (a Cookie) and to use the information appearing in this file. 

The User hereby declares and undertakes to indemnify the Website managers and/or the information providers for any claim and/or demand and/or damage and/or loss (including legal expenses) caused to them and/or to anyone on their behalf as a result of not fulfilling the provisions of this agreement and/or any action prohibited under the Computers Law, 5755 – 1995, the Protection of Privacy Law and/or under any law, which is made on the Website and/or through the Website, of its Information, contents and/or Services. 

The Website managers shall not have liability in tort, contract or otherwise towards the User and/or any third party following the use of the Website or reliance on the information contained in the Website. Without derogating from the generality of the aforesaid, the Website managers will not compensate the User and/or any third party for any loss of profits or loss of opportunity or for any indirect damage, special consequential or punitive damages which have been caused to the User on the Website and/or due to the User’s reliance on the Information and/or because of the faults or Issues on the Website. 

Without derogating from the above said, the User hereby agrees that any claim and/or demand against the Website managers will be limited to a period of 6 months from the time of publication and/or appearance on the Website and the parties view this as an agreement for the period of the statute of limitations (prescription) as such is defined in Section 19 of the Statute of Limitations Law, 5718 – 1958, in light of the nature of the unique use of the internet Website. For the avoidance of doubt, this provision shall take precedence over the provisions of any other law. 

5. DISPATCH OF NEWSLETTERS

A User who has registered for the Website’s mailing list, after having filled out the “mailing list” form, including filling in the User’s e.mail address and sending the form to the Website (by clicking the ‘send’ button) and/or a User who has contacted the Website by use of the ‘contact’ form, and who has filled out his e.mail address and sent a message to the Website (by clicking the ‘send’ button), where a tick has been marked in the options box, thereby gives his consent to receive Newsletters by e.mail and/or by SMS text messages.

5.2      The content of the Newsletters which will be sent to the user will include marketing and advertising information, at the discretion of the Website and/or the Website producer, including marketing promotions of the Euro Asia Company and/or of third parties.

5.3      The Website may forward the User’s details to third parties, including commercial companies, with whom it cooperates, for the sending of marketing and advertising information by them and for contacting the User.

5.4      The User may remove himself at any time from the Website’s mailing list, without payment, by contacting the internet Website www.euro-asia.co.il on the “Contact” tab and/or by clicking the remove button at the bottom of the e.mail message.

6. COMMERCIAL AND OTHER ADVERTISING

The Website and/or the Newsletters may include commercial and other advertisements constituting an “advertisement” as such is defined in the Communications (Telecommunications and Broadcasts) Law (Amendment No. 40), 5768 – 2008.

The Website managers are not responsible in any way for commercial and other advertisements appearing (if at all) on the Website and/or in the Newsletters. The appearance of advertisements on the Website and/or Newsletters is not evidence of the sponsorship of the Website managers and/or their liability and/or undertaking for the advertiser and/or for the product and/or for the advertised service, its quality, veracity and/or accuracy. The advertisement is the responsibility of the advertiser only and the Website managers do not and shall not have any liability in any way and manner for the content, accuracy, veracity or validity thereof. 

7. LINKS

The Website includes electronic links about the source of the information and/or other resources throughout the internet (hereinafter: the “Linked Websites”). 

The existence of these links is not to be viewed as making the Website managers responsible, controlling, agreeing or supporting, expressly or implicitly, the opinion, information or services offered on the Linked Websites. 

The Website managers have not checked the Linked Websites and have not approved them and are not responsible for the content and/or quality and safety of the Linked Websites. Moreover, the Website managers are not and will not be responsible for the copyrights and third party rights on the Linked Websites.
The Website includes a link to the sales site of the Euro Asia Company: shop.euro-asia.co.il (the shops tab – online shops) which is a separate site for which the provisions of the terms of use as appearing on the sales site shall apply.

8. SAFEGUARDING OF PRIVACY

Euro-Asia takes reasonable means of precaution to safeguard the privacy of the information provided by the User. The User is aware, and confirms, that the security of the information cannot be completely guaranteed.
The Website managers may use details which have been provided by the User in order to improve the Website, to make contact with the User or to analyze and deliver statistical data to third parties, and to transfer it to third parties, including to advertisers. 

Furthermore, Euro Asia may divulge the User’s details (insofar as such are known to it) in the following cases: 
If the use made by the User of the Website is illegal; 
If the information/material used by the User is required by a competent authority; 
If the information/material used by the User is required to enforce the proper and correct implementation of this agreement; 
If the information/material used by the User is required to protect the interests of the Website managers.
The provisions of this section does not apply and/or are not valid for the Linked Websites. Therefore, users of the Linked Websites must thoroughly read and check the provisions relating to the protection of privacy on each one of these sites before providing information on the user to the managers of those sites. The Website managers are not and shall not be responsible for safeguarding the details and the information which is provided by the User to these site managers. 

9. CONTACTING THE WEBSITE REPRESENTATIVES

 9.1      For any query regarding the Website, its contents and the products presented on the Website, contact may be made at the address: www.euro-asia.co.il on the “Contact” tab or by mail enquiry to the address at 1 King Saul Blvd., Tel Aviv, or by telephone: 03-6857520.

9.2       The Website representatives will do their utmost to respond to every query to them within 3 business days.

10. CONFIDENTIALITY OF INFORMATION

10.1     The website will not make any use of information without the User’s consent unless such is required in accordance with law and/or demanded by a competent authority and/or in order to prevent misuse.

10.2     The Website will only allow access to the Information if its representatives need the Information for the providing of the Service and the transfer of information to the customer who ordered the items.

10.3     The Website will take acceptable due care in order to retain, as much as possible, the confidentiality of the Information. However, upon the occurrence of cases which are not under the control of the Website and/or due to an act of force majeure, the Website will not be liable for any damage, whether direct or indirect, which is incurred by the User and/or anyone on behalf of the User if this Information is lost or if unauthorized use is made of it.

10.4     Euro- Asia undertakes not to use the particulars of customers registered on the Website other than for the purposes of operating the website only, and in order to allow for the execution of an order and the transfer of information to the customer.

11. JURISDICTION

This agreement is subject to the laws of the State of Israel. The sole place of jurisdiction for all intents and purposes arising from this agreement is the competent court in Tel Aviv in the State of Israel.

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