WEBSITE TERMS AND CONDITIONS

PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”).  THE WEBISTE IS OWNED AND OPERATED BY PEAK INVESTMENTS FUND LTD. (“PEAK” OR “WE” OR “US”). THESE WEBSITE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

Terms of Use

You may not do, intentionally or carelessly, any of the following: (i) browse, surf, process, scan or use the Website or any of the products and/or services provided through the Website (collectively, the “Services”) via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers); (ii) manipulate the URL of the Website, or otherwise gain access to any internal pages to which PEAK has not provided You with a direct link (including, without limitation, URL hacking); (iii) carry out any action which may infringe the copyrights of PEAK or any other copyright holder; and (iv) carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority. PEAK reserves the right to bar You from accessing and/or using the Website and/or any of the Services, and suspend or cancel any action carried out on the Website, at PEAK’s sole discretion and for any reason PEAK deems fit, including, for example, due to any suspicion regarding violation of these Terms and Conditions or any applicable law or regulation.

Intellectual Property

All intellectual property of the Website and the Services, including all content thereto, is protected by copyright, trademark, or patent laws, and is owned exclusively by PEAK. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on the Website. All trademarks and service marks, whether registered or not, and trade names, are owned and/or licensed by PEAK. In particular, the PEAK name and logos are registered trademarks of PEAK. PEAK does not grant You any other rights whatsoever in relation to the Website or the information/data on the Website. All other rights are expressly reserved by PEAK.

DISCLAIMER OF WARRANTIES

THE INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. PEAK CANNOT GUARANTEE THE SUITABILITY OF THE WEBSITE, THE SERVICES AND/OR ANY INFORMATION PROVIDED AND/OR OFFERED THEREIN, TO YOUR NEEDS. PEAK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WHICH ARE, EXPRESS, IMPLIED, AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES REGARDING THE AVAILABILITY OF THE SERVICES, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE WEBSITE, AND IN ADDITION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY, TITLE AND/OR NON- INFRINGEMENT. IN ADDITION, PEAK DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF INACCURACIES, ERRORS, DEFECTS OR BUGS OF WHATEVER KIND. PEAK DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM THE ACCESS AND/OR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, AND/OR FOR ANY DAMAGE CAUSED BY VIRUSES OR SIMILAR CONTAMINATIONS OR DESTRUCTIVE FEATURES TO YOUR COMPUTER, MOBILE OR OTHER DEVICE.

LIMITATION OF LIABILITY

IN NO EVENT WILL PEAK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION, LOSS OF DATA OR LOSS OF GOODWILL, ARISING OUT OF THE ACCESS, USE OR INABILITY TO ACCESS AND/OR USE THE WEBSITE AND/OR ANY OF THE SERVICES., EVEN IF PEAK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Content & Sites

The Website may contain information provided by third parties or links to third-party sites (“Third Party Sites”). PEAK expressly disclaims any liability or responsibility for the access and/or use of Third-Party Sites, or for the accuracy or reliability of any content on such Third-Party Sites. PEAK provides these links and information merely for convenience and not as endorsement or recommendation by PEAK. For more information regarding the Third-Party Sites and/or their operation, please visit the applicable Third-Party Site(s).

Feedback 

You agree and acknowledge that in sending suggestions or comments regarding the Website (“Feedback”), You waive any and all rights to the Feedback and shall have no claim regarding implementation of the Feedback or lack thereof, transfer of the Feedback to a third party, or regarding lack of any attribution, acknowledgement, credit, remuneration or compensation with respect to any implementation of the Feedback. PEAK will exclusively own any rights to Feedback which, at its sole discretion, it has chosen to adopt.

Privacy

The terms of the privacy policy located Here (the “Privacy Policy”) constitute an inseparable part of these Terms and Conditions – by expressing Your consent to these Terms and Conditions You hereby agree to the terms of the Privacy Policy.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and shall be construed in accordance with the laws of the State of Israel, excluding its choice of law rules. All disputes relating to these Terms and Conditions shall be settled in the courts located within Tel-Aviv, Israel.

Change of Terms and Conditions

PEAK may change these Terms and Conditions at any time by posting the revised version to the Website, which shall be effective upon such posting. Your continued use of the Website shall be considered your acceptance of the revised Terms and Conditions.

Last updated: March 2022