Introduction

Landa Corporation Ltd. and its subsidiaries (together, “Landa”, “we”, or “us”)established a variety of online services and platforms, designated for a wide range of potential users,  including Landa’s customers, customers’ representatives, suppliers, service providers, employees, contractors, individuals acting pursuant to their employment with Landa’s business partners and/or Landa’s customers (“Employers“) or on their behalf, and/or any other participants (collectively, “you” or “your” or “user”). These services include a variety of offerings, ranging from training and online learning programs and platforms to information services relating to Landa presses and equipment, and such other remote or online services as we may provide from time to time (the “Online Services”).

Before using the Online Services, and where applicable, before registering or setting up your account enabling access to the Online Services, please read carefully the following Terms of Use (the “Terms“), which govern your access and use of the Online Services. These Terms only relate to those services which are provided by us online.

The Terms do not relate to the sale, use, operation, repair, replacement or maintenance of any press or other equipment or the provision of related services for which you should refer to your main contract documentation with Landa. Such documentation includes, inter alia, the End User License Agreement (“EULA”) that governs the use of all software components provided with, installed on, or integrated into Landa Presses (“Software”). The EULA grants the licensee a limited right to use the Software with the press and contains details on warranties and liability disclaimers. The Terms are designed to supplement the undertakings made by users under the EULA. Under no circumstances shall these Terms expand Landa’s responsibilities, obligations, warranties or liabilities beyond those stipulated in the EULA.

Users are provided access to the Online Services free of additional charge or for a nominal fee. The Online Services are provided at the discretion of Landa (save where your Employer’s contract documentation provides for the provision of a specific Online Services by Landa).

By registering with us for Online Services as a user, you accept the Terms. These Terms will apply at any time when you use the Online Services.

The Terms may be amended from time to time. Any amendments or new terms and conditions will be available on the applicable Online Service. In continuing to use the Online Services you confirm that you accept the then current Terms in full at the time you use the services, whether or not you are using the Online Services in a beta test, as part of a free trial, or as part of a registration taken out by you or your Employer. Note that any violation of the Terms may result in termination of your access to the Online Services.

If you do not wish to be bound by the Terms and/or any such amendments, please do not register and/or immediately cease usage of the Online Service, and provide us with written notice.

If you are accessing the Online Services on behalf of your Employer, you may be subject to additional terms relating to your access to or usage of the Online Services, as agreed by Landa and your Employer. If you cease to be employed by your Employer, or if you cease to be a Landa employee, we may suspend your access to Online Services and terminate your account or registration. We also reserve the right to withdraw your access to Online Services and terminate your account or registration if you are no longer assigned to certain projects, or if you have not used the Online Services for any period exceeding ninety (90) days, or in the event of any breach of the Terms or any other directions of Landa relating to the Online Services (at Landa’s sole discretion).

If you are accessing the Online Services as an employee of Landa, additional terms under your employment contract may apply.

If you are accessing the Online Services as a representative authorized by the customer to grant other customer employees or representatives access on behalf of that customer (“Administrator”), you will be deemed to have accepted these Terms on behalf of the applicable Landa customer.

 

 

 

1. Registration, User Account, Password & Security

    1. As part of the registration process, you agree to (a) provide truthful, accurate, and current information about yourself and/or about the entity or organization utilizing the Online Services (the “Registration Data“), and (b) maintain and update your Registration Data so that it remains at all times accurate, current and complete.
    2. We are not obliged to permit anyone to register with the Online Services and reserve the right to refuse registration to anyone for any reason. We also reserve the right, at our discretion, to remove any content from the Online Services, terminate your registration and restrict your access to the Online Services at any time for any reason, including where your usage of the Online Services is done on behalf of or in connection with your employment with your Employer, and such employment ends.
    3. Access to certain functionality or features may be restricted or limited, depending on the registration appropriate for you or if you are acting on behalf of your Employer.
    4. We may suspend or close your registration at any time if you are in breach of any of the Terms. If we suspend or terminate your registration, you may no longer have access to all areas of the Online Services.
    5. We may require you to register to use certain Online Services and functionality that are available. Landa will determine the content and services available to each User. Certain content and services may only be available to certain Users, as exclusively determined by Landa. If you wish to cancel your registration, please notify us and we will delete your registration as soon as practicable.
    6. The Online Services are for business and professional use only, and therefore the Users of these Services will not be deemed or treated as consumers.

 

2. Personal Data & Access Credentials; Privacy

    1. We operate our Online Services in compliance with applicable data protection obligations and regulations (“Data Protection Law”). Please note that any personal information that you provide to us will be processed by us in accordance with our Privacy Policy (the “Privacy Policy”) as available on our website. The Privacy Policy outlines how Landa safeguards and ensures the confidentiality of Personal Data, and further provides information about your rights as a data subject. The Privacy Policy also explains how Landa collects and processes personal information and for which purposes. To generate your access credentials to the Online Services, you may be asked to provide certain personal information during the registration process, such as full name, email address and job description
      (“Personal Data”). In case of any inconsistency between the Privacy Policy and these Terms, the former shall prevail.
    2. You will be asked to create a password when registering. Please ensure that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access or use the Online Services, they will be deemed to be acting as agent for you. You will be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your account without authorization from you, please notify us immediately and we will suspend or close the account at our discretion.
    3. You must supply a valid email address when registering so that we can send updates or other information relating to the Online Services to you. We will not be held responsible if you fail to provide a valid email address. If you become aware that you have supplied an invalid email address, please contact us immediately to correct the information we hold about you.

 

3. Information and Content

    1. The Online Services and any information or training provided via the Online Services will contain various materials, resources, information and content (collectively, “Content”). You will not disclose any Landa confidential Content without Landa’s prior written consent.
    2. All intellectual property rights, including without limitation copyright, which are capable of existing in the Content and any other content, documents, software or other materials created or supplied by us through the Online Services belong to us or to our licensors.
    3. Content is provided by us as general information only. This Content may not be relevant or apply in your particular case or situation.
    4. The Content provided:
      1. should not be regarded as or relied upon as being a comprehensive opinion concerning the matters referred to or covered by the relevant Content;
      2. is based on information, data and materials available at the time of writing;
      3. may relate to certain contexts and may not be suitable in other contexts;
      4. has been prepared in good faith on the basis of evidence and information available to us.
    5. You acknowledge and agree that any online training and support provided on the Online Services is in no way considered or advertised as a substitute for support that may be received by contracted support staff, and is intended as general advice only. Advice received via the Online Services should not be solely relied upon for specific queries, and should any clarification on the Content be required you must consult an appropriate Landa support service professional for specific advice tailored to your situation. In the event of any discrepancy or conflict between any Content provided through the Online Services and any directions, guidance or advice provided to you by Landa authorized staff, Landa shall determine which prevails.
    6. Reasonable efforts will be made to ensure that the Content is accurate and up-to-date at the time of publication but we cannot guarantee that the Content will be error-free.

 

4. Third Party Service Providers

 

From time to time, in order to provide the services or your use of the Online Services, Landa may link to or engage with third-party websites, software or other service providers (“Third Parties”). You may be able to connect with these Third Parties through the Online Services, but this does not mean Landa monitors or has any control over these Third Parties or their activities, which subject you to separate terms of use and privacy policies. Landa is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

 

5. Rules of Conduct

 

We grant you online access to the Online Services and a non-transferable, non-exclusive and revocable license to use the Online Services solely for the applicable purpose of the specific Online Services. Without derogating from the generality of the Terms, your usage of the Online Services is subject also to the following terms:

      1. Whether acting as a Landa employee, an employee of your Employer or otherwise, you agree to keep any non-public information you may be exposed to via the Online Services in strict confidence and treat it with the highest degree of care.
      2. Access via a computer will be allowed only if it contains, at least, an up-to-date operating system, fully updated and patched, up to date Anti-Virus and up to date Firewall. You acknowledge and agree that Landa may operate a system that monitors compliance with these requisites, and that your access to the Online Services may be denied if any non-compliance is detected.
      3. You acknowledge and agree that Landa may, either generally or from time to time, monitor and record any usage of the Online Services, in accordance with Landa’s policies. Landa may also make constant backups of such information.
      4. You will not make any illegal use of your access to the Online Services.
      5. You will notify us immediately in the event that any infringement or unlawful use of any third-party material is alleged by any third party.
      6. You will follow all instructions and comply with the codes of conduct and policies prescribed by Landa with respect to access and use of the Online Services, specifically regarding safety practices, anti-spam, anti-malware, and such additional directives relating to confidentially enforcement and internal investigations of unauthorized disclosure of Landa’s confidential information, as may be updated from time to time.
      7. You will exercise additional caution to prevent the uploading of any malicious or damaging files, including viruses and Trojan Horses, to the Online Services.
      8. You acknowledge and agree that access to the Online Services is for your exclusive use only. You are responsible for maintaining the confidentiality and security of any accounts and passwords granted to you by us, refrain from sharing them with others, and deny other individuals’ access or ability to view the Online Services whether in electronic or printed format.
      9. You agree to immediately notify us if you become aware of or have reason to believe that there is an unauthorized use of your password or account or any other security breach. You further agree to take all reasonable measures to stop such unauthorized use, and to fully cooperate with us in any investigation of any unauthorized use or infringements of our intellectual property rights in the Online Services and/or the Content. We are in no way liable for any claims related to the use or misuse of your username and password by any third party that is outside of our control or due to your failure to maintain their confidentiality and security.
      10. The Online Services may include certain interactive services or features that will allow you to publish, display, process, send or otherwise transfer or make available (collectively, “Transmit“) and appropriate grammatical variants comments and any other form of content (“User Content“). While transmitting any User Content, you agree not to (a) Transmit any User Content that is in any jurisdiction where so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable (including links to other websites showing any of the foregoing); (b) Transmit any User Content that may infringe or promote the infringement of any copyright, trademark, service mark, trade name, trade dress, patent, design, trade secret, sui generis right, moral right, celebrity right, right of attribution, or other intellectual or proprietary rights of us, our group companies and our affiliates and contractors, as well as rights of third parties or any application for any of the foregoing (“Intellectual Property Right“); (c) Transmit any material that contains software viruses, worms, Trojan horses, or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) Disrupt or interfere with the security of, or otherwise abuse, the Online Services, its system resources, accounts, servers, or networks connected to or accessible through us or affiliated or linked websites or access, hack or deface any portion of the website, tamper with or use non-public areas; (e) Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity or as another client; (f) Disrupt or interfere with any other User’s use or enjoyment of the Online Services or affiliated or linked websites or use the account or password of others; (g) Use any information obtained from the Online Services in order to harass, abuse, or harm another person; or (h) Make any representation, express or implied, that any statements you make are endorsed by us.
      11. We may terminate your access to and use of the Online Services immediately and permanently if you fail to comply with any of the foregoing and to pursue to the fullest extent permitted under all applicable laws, treaties, and conventions. In addition, we reserve the right to investigate and take appropriate legal actions against anyone who, in our sole discretion, violates any of the Terms, including without limitation, reporting your actions to the appropriate law enforcement authorities.

 

6.Intellectual Property Policy

    1. By accepting these Terms, you acknowledge and agree that the Online Services and their content may contain Landa proprietary information that is protected by copyright and other applicable Intellectual Property Rights, pursuant to national and international laws and regulations. We retain ownership of all Intellectual Property Rights in such information.
    2. You acquire no additional right, title or license in the Online Services, or any content or other data or materials incorporated therein, other than those explicitly granted to you hereunder.
    3. You agree not to (i) edit, copy, modify, adapt, reverse engineer, frame or mirror, decompile, duplicate, distribute, translate or create derivative works based on the Online Services, in whole or in part or exploit for any commercial or other purposes; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Online Services; and (iii) combine any portion of the Online Services with any other information.
    4. The name “Landa“, our logo and other graphics, trademarks, service marks, slogans and website names, accordingly marked where applicable, are common law trademarks, trade names, registered or unregistered trademarks or trade dress (collectively, the “Trademarks”) of ours or licensed to us. Such Trademarks may not be used in connection with any product, service, platform or website that is not our product, service, platform or website in any manner that is likely to cause confusion, or in any manner that disparages or discredits us or the rightful owner of any licensed trademark. You may not use any “meta tags” or any other “hidden text” utilizing the foregoing Trademarks, nor may you purchase keyword or targeted search engine advertising using any of the foregoing Trademark terms.

 

7. Term and Termination

    1. These Terms shall remain in effect until terminated, revised, restated or otherwise modified by us as described above.
    2. We may, at our sole discretion and at any time – (i) discontinue the operation of the Online Services, with or without notice; (ii) terminate these Terms, and/or terminate, deactivate or suspend your account and/or your access to the account and/or usage of the Online Services or any portion thereof and/or remove any User Content you may have transmitted, and other data in your account, at any time and for any reason, with or without cause, and without prior notice to you. We shall not be liable to you or to any
    3. third-party for any termination of your access to the Online Services. Should you object to any of these Terms (as amended from time to time) or become dissatisfied with the Online Services in any way, your only recourse is to immediately discontinue your use of the Online Services and/or terminate your account.

 

8. Indemnification

 

You hereby agree to indemnify, defend and hold us and anyone acting on our behalf, harmless from and against any and all claims, judgments, awards, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) and other expenses that are based on or arise directly or indirectly out of or from (a) your breach of any of these Terms; (b) any use of your User Content or other content Transmitted by you or under your account; (c) any misuse by you of the Online Services and/or your account; or (d) any breach of your representations and warranties set forth herein.

 

9. Disclaimer of Warranties

    1. You acknowledge and agree that the content available on the Online Services, is provided “As-Is” and on an “As-Available” basis, without warranties of any kind, either express or implied, nor do we warrant that the Online Services will be accessible at all times.
    2. To the fullest extent permissible pursuant to applicable law, we and our affiliates, service providers, partners, licensors, and agents disclaim all warranties of any kind, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, reliability, merchantability, and fitness for a particular purpose. Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply in such jurisdictions to the extent not allowed under applicable law.
    3. Neither we nor our affiliates, service providers, partners, licensors, and agents warrant that: (a) the Online Services or its content will meet your requirements, or guarantee particular results or specific professional qualification; (b) your use of the Online Services will be uninterrupted, timely, error-free or secure, or that the Online Services or any content are free of viruses or other harmful components;
      (c) the quality of any websites, information, or other materials obtained by you through the Online Services will meet your expectations; or (d), that defects, if any, will be corrected.
    4. You agree that we shall have no responsibility for any damages suffered by you in connection with the Online Services or any content contained therein, including but not limited to loss of data, errors, system down time, network or system outages, communications line failure, file corruption, or website interruptions caused by negligence on our part or on the part of our affiliates and service providers, or a User’s own errors and/or omissions, all irrespective of the theory upon which any claim may be based, even if We have been advised of the possibility of such damages.
    5. Under no circumstances shall we be responsible for any loss or damage, and to the full extent permissible by applicable law, resulting from use of the Online Services or from any content posted on or through the Online Services. You assume all responsibility and risk for your use of the Online Services and your reliance on its content, including content provided therein. For avoidance of doubt, you remain solely responsible to comply with all relevant environmental, health and safety laws and regulations related to your employer’s You understand and agree that you will be solely responsible for any damage to your/your employer business, computer system or loss of data that results from the use of the Online Services and/or the download of any content.
    6. You acknowledge that we make no warranty or representation that confidentiality of information Transmitted through the Online Services (if any) will be maintained. We assume no responsibility for any theft or destruction or unauthorized access to, or alteration of, any User Content or communication Transmitted by you via the Online Services.

 

10. Limitation of Liability

    1. To the fullest extent permitted by applicable law, neither we nor any party acting on our behalf nor any other party involved in the operation of the Online Services or any content provided therein, shall be responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, loss of business, loss of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss or other intangible losses), under any theory of law including under contract, negligence, strict liability or other theory, however arising out of or relating in any way to the Online Services or any service/s or content provided therein (even if We have been advised of the possibility of such damages).
    2. Landa’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Terms shall be limited $50.00.
    3. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you but any exclusion or limitation of liability will apply if it is lawful.
    4. Nothing in these Terms excludes the liability of Landa:
      1. for death or personal injury caused by Landa’s negligence; or
      2. for fraud or fraudulent misrepresentation.

 

11. Dispute Resolution

 

These Terms shall be construed in accordance with, and governed for all purposes by, the substantive laws of the State of Israel, without regard to conflicts of law provisions. You agree that any claim or dispute you may have against us and our directors, officers, employees and consultants must be resolved exclusively by the courts located in Jerusalem, Israel, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

12. Updates and Modifications

 

We reserve the right to update or modify these Terms from time to time. Any such updates will be posted on the Online Services, or be made available to you via any other reasonable form of notification, and shall become effective and binding on you immediately upon such posting or notification, as applicable, without further notice or action. We encourage you to frequently check to see if any such updates have been made. Your continued use of the Online Services after such posting or notification will be deemed acceptance of any such updated or new terms.

 

13. Miscellaneous

    1. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise illegal or unenforceable under any applicable statute or rule of law, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder provisions as applied to other persons, places and circumstances shall remain in full force and effect and in no way be affected or impaired.
    2. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver by such party of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver by such party of any right or remedy. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    3. This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us (including any information made available on the Online Services) with respect to such subject matter. In addition to these Terms, the privacy policy available on our website also applies.
    4. We thank you for using the Online Services.
    5. If you have any questions or comments regarding these Terms or any other applicable terms, please contact Landa’s Legal Team at legal@landa-corp.com.