TERMS OF USE Website and application of esh Bank Israel Ltd.
1. General
1.1 These Terms of Use (hereinafter: “These Terms of Use”) apply to the use of websites or applications of esh Bank Israel Ltd., company number 515666675, inter alia, of: esh.com (hereinafter: “the Bank”), which were developed and are being operated by the Bank either by itself or by developers and operators on its behalf (the website and applications hereinafter jointly: “the Website”).
1.2 These Terms of Use regulate the relations between the Bank and any person entering and/or using the Website and any services being offered or information contained on the Website (hereinafter: “the User”), and they constitute a legally binding agreement between the Bank and the User.
1.3 These Terms of Use in no way derogate from or change any other agreement between the User and the Bank and/or any other entity related to the Bank, including account-opening application documents, general account management terms and conditions and/or an application to receive online banking services. These Terms of Use and the User’s other documents and agreements with the Bank should be deemed as supplementing each other. In the event of a contradiction between These Terms of Use and such agreements and documents, that stated in such agreements and documents shall prevail.
1.4 Use of the Website is subject to the Terms of Use specified hereunder. Please read These Terms of Use carefully before using the Website, since use of the Website shall be deemed consent on your part to These Terms of Use and to the provisions of the Privacy Policy referred to herein. It is clarified that the User is not obligated to agree with that stated in These Terms of Use, but if the User does not agree with that stated herein, the User must leave the Website and not make any use thereof.
1.5 Headlines and clauses in These Terms of Use have been added solely for the sake of convenience and not for interpretation purposes. All that stated in the masculine gender in These Terms of Use also implies the feminine. All that stated in the singular in These Terms of Use also implies the plural.
2. Use of the Website
2.1 The right to use information, content, products and services contained on the Website is being given solely to the User for his personal and private use. No commercial use of any of these is allowed and the User is not allowed to permit any third parties to make any use of such information and content, whether for a consideration or for free.
2.2 The User undertakes to use the Website, information, content, products and services distributed through or included on the Website solely in compliance with the law and in compliance with the provisions of These Terms of Use.
2.3 The User undertakes to not link to the Website and/or to use it and/or information, content, products and services contained on the Website, including by creating a browser environment, a frame or by creating a mirror website, for the purpose of uploading, downloading, disseminating, advertising or broadcasting: (a) information or other material in a manner that infringes on any rights, including intellectual property rights, privacy protection rights and/or any other proprietary right; (b) information or other material whose publication or use is prohibited due to its threatening, offensive, insulting, libelous, slanderous or racist nature or inappropriate content; (c) information or other material containing a virus, spyware, malware, Trojan horse, or any computer code, file, application or other software that could damage or sabotage computer systems of the Bank and/or of any third parties or that could restrict or prevent others from using the Website; or (d) information or other material containing any type of advertisement without obtaining the Bank’s prior written authorization.
2.4 The User undertakes that, when using the Website and services or content offered on the Website, the User shall not infringe upon and/or adversely affect other Users’ rights to privacy and other rights, or collect identifiable personal information about other Users without their explicit consent, whether manually or by using any robot, web spider or any search or retrieval application, or use any other manual or automated means, process or method in order to hack the Website and retrieve, collect and/or extract information.
2.5 The User undertakes to not harm, impede or disrupt the operation of the Website or the servers storing the Website, to not violate any law, regulation or requirement, and to not perform any action that creates or could create an unreasonably heavy load on the Website’s infrastructure or that circumvents the means that the Bank uses in order to prevent or restrict access to the Website, including means intended to prevent unauthorized use of the Website.
2.6 Without prejudicing any other right of the Bank, the User agrees that, in instances whereby the Bank will be concerned that the User’s use of the Website is inconsistent with These Terms of Use and/or with any law, the Bank shall be allowed to stop the User’s activity on the Website, including to disclose the User’s behavioral patterns to the relevant authorities and/or to third parties and to take any other action that the Bank deems appropriate in order to protect its property and/or its rights and/or rights of third parties.
2.7 Specific provisions regarding the Bank’s applications
2.7.1 Unless otherwise specified by the Bank, the Bank’s applications (hereinafter jointly: “the Application”) may be downloaded for free from the various application stores enabling this from time to time, provided that the User has a compatible device enabling use of the Application.
2.7.2 By downloading the Application to the User’s end device (including but not limited to smartphones, compatible tablets, etc.) (hereinafter: “the End Device”), the User is waiving in advance any allegation against the Bank concerning the Application, including in relation to its quality, standards, functioning and/or its impact on the User’s End Device. The Bank is not issuing any representation regarding the standards, quality or efficiency of the Application or its compatibility with the End Device or with other devices or various apparatus.
2.7.3 The Bank is not obligated but may, from time to time, at its discretion, issue an upgraded versions of the Application and enable the User to manually or automatically upgrade the version of the Application being used in the User’s End Device, at the User’s choice, provided that the new version is compatible with the End Device being used (if at all). The Bank is not undertaking to support versions older than the Application’s last version, and it may, at its sole discretion, partially or fully block the ability to use versions older than the last such version, such that the User will have to update the version if he wants to use the Application. The User agrees that These Terms of Use shall apply to all upgrades as stated.
3. Information and content on the Website
3.1 The Website and information and content contained on the Website are usable “as is” without the Bank and/or any party on its behalf bearing any liability or responsibility of any kind for the standards, quality, scope or type of content to be offered among the products and services being offered on the Website. The User is fully and solely responsible for his use of content presented on the Website and of products and/or services being offered on the Website.
3.2 In any instance of a contradiction or discrepancy between data appearing on the Website and the information contained in the Bank’s systems, the information in the Bank’s systems or books at the relevant time shall prevail.
3.3 The Website may contain inaccuracies or other inadvertent clerical errors. It is clarified to the User that it is impossible to completely prevent errors, deficiencies and errors in content and/or in the way they are transmitted.
4. Registering for services and opening an account
4.1 In order to use services being offered by the Website, the User must complete the registration and account-opening process, during which the User will be required to provide particular personal details to the Bank (hereinafter: “the Account”), according to the Bank’s discretion and policy. The furnishing of these details is subject to our Privacy Policy. You will be required to confirm that you have read and agree to these terms during the account-opening process.
4.2 When opening the Account, you must provide us with full, precise and correct information, and you hereby confirm that you will not falsely present your identity or any other detail in your Account. If we believe that you tried to open an Account using the identification details of another person or any type of incorrect details, by doing so, you are exposing yourself to criminal and/or civil liability.
4.3 You are allowed to use your Account solely for your own personal purposes and not for the benefit of any third party.
4.4 Without derogating from that stated above, under particular circumstances at the Bank’s discretion and in compliance with the statutory provisions and in conformity with that stated in our Privacy Policy, you may be required to complete a KYC (“Know Your Customer”) procedure, which may include, inter alia, providing information and disclosures about the purpose for opening the Account, background information about you, the anticipated volume of activity through the Account, sources of your income, etc.
4.5 Only adults above the age of eighteen (18) are allowed to open an Account and use the Website’s services. The Bank reserves its right to request proof of age at any stage in order to ensure that minors under the age of eighteen (18) are not using the Website. If it comes to our attention that a person under the age of eighteen (18) is using the Website, we will block that person from entering the Website and/or from using the Account.
5. Restricting use of the Website
5.1 The Bank may block, restrict or prevent a User from using services offered through the Website in any one of the following instances:
5.1.1 the User committed an unlawful act and/or violated provisions of the law;
5.1.2 the User breached any of These Terms of Use;
5.1.3 at the Bank’s reasonable discretion under specific circumstances;
5.1.4 the User committed an act or omission that could be damaging to the Bank, to any party on its behalf and/or to any third party, including to other Users of the Website, or to the normal operation of the Website;
5.1.5 there is a threat to the security or integrity of the Bank’s assets and/or its IT system infrastructure;
5.1.6 if the Bank must block, discontinue or restrict use in order to protect the rights, property or safety of the Bank, of Users or of the public.
5.2 The User shall not have any allegation and/or demand and/or claim against the Bank and/or against any party on its behalf in respect of that stated above, and the Bank’s blocking, discontinuance or restriction of use in no way derogates from the User’s obligation to act in conformity with These Terms of Use at all times.
6. Privacy Policy
When using the services offered through the Website, the Bank collects personal information about the User. The policy for collecting, managing, retaining and transferring information is described in our Privacy Policy, which constitutes an integral part of These Terms of Use. The Bank will use your personal information in conformity with its Privacy Policy. A precondition to your using services is reading and consenting to our Privacy Policy.
You can read our Privacy Policy on the Website.
7. Intellectual property
7.1 All intellectual property rights (of every type), including trademarks, trade secrets and copyrights, whether or not registered, on the Website or in any part thereof, including but not limited to: content, products and services offered on the Website, design, logos, look and feel, interfaces, databases, files, software, applications, computer code, graphic files, texts and all other material contained on the Website, whether via external interface, in source code or target code – belong solely to the Bank and/or to third parties, as the case may be, and are protected by the copyright laws of the State of Israel, by international treaties and copyright laws of other countries. Any right not expressly granted to you pursuant to These Terms of Use is reserved by the Bank and/or by third-party rights-holders.
7.2 The Bank grants Users a conditional limited right of use of the Website, subject to the following conditions: (a) the right of use is not exclusive; (b) the right of use is subject to compliance with the provisions of These Terms of Use, with the agreements between the Bank and the customer and with the provisions of any law; (c) the right of use is personal and is non-transferable, non-assignable and non-sublicensable; (d) the right of use is revocable and limited in time and may be revoked by the Bank at any time and for any reason without explanation, at the Bank’s reasonable discretion under the circumstances. That stated in no way constitutes a waiver on the Bank’s part of its intellectual property rights over the Website and its other assets.
7.3 The User is prohibited from introducing alterations, from copying (apart from copying solely for personal use in relation to services that expressly allow copying), from correcting, adapting, delivering, enabling access, translating, referring to, advertising, disseminating, converting code, separating, broadcasting, presenting, executing, reproducing, licensing, creating derivative work, reverse-engineering, or selling, leasing or lending any portion of the information and content contained on the Website in any way whatsoever, whether partially or fully, temporarily or permanently, without the prior written consent of the Bank and/or of the rights-holders over the Website’s content (as the case may be).
7.4 The User undertakes to not remove or separate from the Website’s content any restrictions or marks indicating the proprietary rights of the Bank or of third parties, including all proprietary marks attached to them (such as ©, TM or ®).
7.5 The User undertakes to not try to alter and/or interfere in any way in the source code of the Website and/or of the information and/or of the content contained on the Website and to not upload any software and/or applications that could harm or cause damage to the Website and/or to the Bank and/or to any other third parties.
7.6 The Website might use third-party components that are subject to third-party licenses (hereinafter: “Third-Party Components”) that you may use, but solely provided that you comply with the license conditions applying to these components. In the event of a contradiction between the license conditions of Third-Party Components and These Terms of Use, the license conditions of the relevant Third-Party Component shall prevail, but only in relation to those Third-Party Components. These Terms of Use do not apply to any Third-Party Components accompanying and/or included on the Website, and the Bank bears no liability in relation thereto. The Bank is not the creator, owner or licensor of Third-Party Components and is not issuing any express or implied representation or undertaking of any kind whatsoever regarding the quality, capabilities, operation, performance or compatibility of any Third-Party Component. The Website and any part thereof may not be considered open source software.
8. Limitation of liability
8.1 The Bank and/or its managers and/or its employees and/or any corporation in the Bank Group and/or any party on their behalf shall not bear any liability or responsibility, under any circumstances and in any event, for any of the following:
8.1.1 any indirect, consequential or circumstantial expense, loss or damage (including economic loss, loss of profits, loss of a business opportunity, loss of reputation, impairment, etc.) that might be caused to the User or to any third party in relation to use of the Website and/or in relation to an act or omission of the Bank and/or of any party on its behalf;
8.1.2 for any malfunction and/or delay and/or disruption in the use of the Website and/or of any product and/or service contained on the Website and/or of anything related to any of the above (including but without prejudice to the general purport of that stated above, in internet systems and/or cellular networks) or for any expense, loss or damage that might be caused for any reason not dependent upon the Bank, including but not limited to, as a result of an order and/or regulation and/or instruction of a government authority, including lockdown orders or restrictions on movement and/or lingering, material paralysis of communication systems, earthquake, storm, shortage of public materials and/or services and/or transport services, fire, flood, burst, explosion, accident, epidemic, strike, walkout, riot, disturbance of public order, war, act of terrorism and/or hostility or closure, and these shall not be deemed a violation of These Terms of Use, and the User shall not be entitled to any relief and/or right. To dispel any doubt, and without derogating from the general purport of that stated above, it is hereby clarified that the User shall have no allegation or right in relation to any actions taken by the Bank due to such malfunction and/or disruption;
8.1.3 for any expense, loss or damage that might be caused in relation to acts or omissions of the User and/or of third parties, including but not limited to telecommunication carriers (including in relation to any malfunction and/or disruption of communications lines, whether temporarily or permanently);
8.1.4 for any expense, loss or damage that might be caused in relation to unauthorized access, attacks, penetration and hacking of information (or any attempt to commit any of the above);
8.1.5 for any expense, loss or damage that might be caused to the User as a result of updating and/or canceling and/or removing content from the Website and/or disabling the Website (or blocking access to it and/or to the User’s Account) for reasonable and customary timeframes for the purposes of maintenance and/or upgrading. The Bank does not undertake to notify Users in advance about blocking or disabling the Website for such purposes.
8.2 Without derogating from that stated above, the Bank might provide links and referrals to various applications and/or various websites and pages on the internet during use of the Website, which are operated by third parties (hereinafter: “Linked Websites”) through which the User can, inter alia, receive or purchase various products and services. These Linked Websites might ask the User to register, to provide various details, etc. The Bank has no knowledge, control or responsibility for what these Linked Websites do. Providing details and registering for these websites are not subject to the Bank’s Privacy Policy, but rather, are subject to the privacy policies of those Linked Websites and to the provisions of any law. Browsing these websites and pages, and any other action that the User might perform in relation to them, are under the sole responsibility of the User and of the owners of the Linked Websites, and the User shall not have and hereby waives in advance any allegation and/or demand against the Bank and/or against any party on its behalf in respect of any direct and/or indirect loss or damage deriving from reliance on and/or use of content and/or information provided on these websites.
9. Availability of the services
9.1 The User is aware that the availability of the information, services and products offered within the framework of the Website is not constant and is also sometimes subject to agreements of the Bank and/or of any party on its behalf with third parties, and that the Bank may, at its sole discretion, update and/or cancel and/or remove a product, application, service or specific content from the Website from time to time, immediately and without advance notice, and the User shall not have any allegation and/or demand in this regard.
9.2 Continuous use of the Website depends, inter alia, on the availability, operability and survivability of the internet and/or (as the case may be) of the cellular communications network which, as is known, does not provide full and continuous connection sometimes and/or in some regions of the State of Israel. The Bank, its managers, its employees and all those acting or operating on its behalf shall not bear any liability for any loss, expense or damage, including exceptional, consequential or indirect damage, which might be caused in relation to the operability or inoperability of the Website, including but not limited to, in relation to an error, malfunction or technical or other failure when viewing information and/or when downloading content and/or in their contents and/or at the time of their transfer.
10. Miscellaneous
10.1 The Bank reserves its right to add, change, remove and replace all or some of the provisions of These Terms of Use at any time, at its discretion and without obtaining the Users’ consent or informing them in advance, except in the instance of informing the Users when making material changes (changes in the conditions of These Terms of Use that diminish Users’ rights or expand the spheres of Users’ responsibility). Material changes will come into effect thirty (30) days after the notice was sent to you, unless the change derives from a statutory or regulatory requirement, in which case, the change will come into effect according to that requirement. The legally binding version of These Terms of Use is the version displayed from time to time on the Website. Users are responsible for keeping abreast of changes that occur, if any, in These Terms of Use. The continued use of the Website subsequent to such change taking effect will constitute evidence of a User’s confirmation of his acceptance of the changes. We recommend that Users read the provisions of These Terms of Use every time they access the Website in order to be aware of changes that occurred (if any) in These Terms of Use.
10.2 Provisions of These Terms of Use shall remain in effect according to their nature also after the engagement is terminated.
10.3 All disputes, allegations and claims in relation to the Website, including but not limited to, in relation to content, products and services contained or offered on the Website shall be adjudicated according to the laws of the State of Israel, excluding their choice of law rules. Solely the competent courts in Tel Aviv, Israel, shall have sole jurisdiction in relation to any matter pertaining to These Terms of Use and use of the Website, and the parties expressly waive the jurisdiction of any other court and the applicability of any foreign law in this regard.
10.4 If a court will rule that any of the provisions of These Terms of Use are illegal and/or invalid, then, to the extent possible, this will not invalidate all other provisions of These Terms of Use and/or the remaining parts of that same provision that was invalidated and/or restricted by the court, which were not invalidated or restricted.10.5 If the Bank delays in exercising any right to which it is entitled or does not enforce a right to which it is entitled pursuant to These Terms of Use or by law, it does so purely ex gratia, and this shall not be construed or deemed as the Bank having waived such right.
10.6 These Terms of Use do not create and shall not be construed as if creating partnership relations, a joint venture, employment relations, agency relations or relations of concessionaire and recipient of a concession between the parties.
10.7 No amendment to These Terms of Use shall have any legally binding validity unless drawn up in writing by the Bank.