Terms and Conditions

Terms of Use

Definitions and Acceptance

1.1. Definitions. In these Terms, "The Company" means iNDEX Research and Development Indices LTD. "The Website" means https://indx.co.il and all related pages. "The Information" means all content on the Website, including, without limitation, all indices, their names, methodology, data, text, software, graphics, and compilations. "User" means any person or entity accessing or using the Website.

1.2. Acceptance. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not use the Website or the Information.

Intellectual Property Rights

2.1. Ownership. All intellectual property rights, including copyright, distribution, and presentation rights, in The Information, The Website, and any content derived therefrom, are and shall remain the exclusive property of The Company or its Licensors.

Limited License and Use Restrictions

3.1. Permitted Use. The User may receive, download, store, and use The Information solely for internal, non-commercial, personal informational purposes in compliance with these Terms.

3.2. Prohibited Uses. The User shall not, and shall not permit any third party to:

(a) Copy, duplicate, reproduce, print, further transmit, or make available to any third party The Information or any derived works in any format or by any means (including the internet or intranet), without The Company’s prior written approval.

(b) Make any commercial use of The Information.

(d) Create any derivative works such as data, works, indexes, charts, reports, or any kind of products which are in any way derived from The Information.

(e) Use The Information or any derived works in connection with the issuance, trading, marketing, or promotion of any investment products (e.g., derivatives, structured products, investment funds) where the price, return, or performance is based on or related to The Company’s indices or services.

(f) Use The Information on behalf of, or for the benefit of, anyone else (service bureau use).

(g) Use The Information in any way or for any purpose that would require a separate license from The Company.

4. Disclaimers and Limitation of Liability

4.1. No Advice. The Information is provided solely for informational and educational purposes. It does not constitute, and should not be construed as, investment, financial, legal, tax, or accounting advice, or a solicitation, offer, opinion, or recommendation by The Company to buy, sell, or hold any security, derivative, or investment product. Advice from a qualified securities professional is strongly advised.

4.2. Derivatives Risk Warning. The Website may contain Information regarding exchange-traded options, futures, and other derivatives. The User acknowledges that investment in options, futures, and other derivatives involves significant risk and is not suitable for every investor. The use of The Information in connection with any such product is undertaken entirely at the User's own risk.

4.3. Disclaimer of Accuracy and Errors. Some of The Information was obtained by The Company from third-party sources that The Company believes to be accurate and reliable. However, because of the possibility of human and mechanical error as well as other factors, the User acknowledges and agrees that The Company shall not be liable for any defect, mistake, error or inaccuracy in The Information (hereinafter collectively referred to as "Defects"). The Company is not undertaking to ensure that The Information will always be up to date. The User exempts and releases The Company from liability for any Defect or for any damage sustained by or caused to the User as a result of the use of the Website or The Information.

4.4. General Disclaimer of Warranties. The Company makes no representation and disclaims all express, implied, and statutory warranties of any kind to any User or third party, including, without limitation, any warranties of accuracy, timeliness, completeness, merchantability, and fitness for any particular purpose.

4.5. Third-Party Data and Rights. The Company makes no warranties or representations in respect of any third-party rights related to the use of The Information. The Company also disclaims any warranties or representations in respect of the content of reports (disclosures) of listed corporations presented on the Website. Full liability for these reports rests with the originating corporations.

4.6. No Endorsement. Neither The Company nor any of its officers, employees, directors, or agents has made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company or market participant identified on the Website.

4.7. Historical Data Disclaimer. The historical data published on the Website are as computed by The Company and are presented “as is”. The Company reserves the right to change the ways of computing or displaying the historical data at any time without notice.

5. Right to Changes, Updates, and Fees

The Company reserves the right to alter the Website and The Information at any time.

5.1. Changes to Information. The Company may, in its sole discretion and without notice, remove any of The Information from the Website, discontinue or change the Website's availability, or implement technical, administrative, or content-related changes.

5.2. Indices and Methodology. The Company may, without notice, add or remove indices and change the components, calculation methodologies, and display format of its indices and historical data at any time.

5.3. Fees. Subject to applicable laws, The Company reserves the right at any time to charge fees for access to portions of The Information or The Information as a whole.

Forward-Looking Statements. The Website may contain “forward-looking statements.” These statements involve risks, uncertainties, and other factors which could cause actual results to differ materially. Past performance has no guarantee of future results. The User is cautioned not to put undue reliance on any forward-looking statements. The Company undertakes no obligation to update or revise any such statements in light of new information, future events, or otherwise.
Sanctions and Remedies

7.1. Breach of Terms. If the User is in breach of any provisions of these Terms of Use, including the Prohibited Uses and Restrictions, The Company is entitled to:

Block the User’s access to the Website with immediate effect without any notice.
Make the User’s further use of The Information contingent on the User (or its employer, as the case may be) entering into a separate License Agreement with The Company and paying a license fee pursuant to The Company’s then-current pricing, which may be applied retrospectively.

7.2. Other Remedies. The measures described herein do not constitute a waiver or limitation of any other right or remedy available to The Company under these Terms of Use and applicable laws, including the right to request the deletion and/or removal of any data, material, document, or products produced in breach of these Terms.

7.3. Damages. The Company shall be entitled to recover damages (including loss of revenue and business opportunity) resulting from any breach of these Terms.

Limitation of Liability and Indemnification

8.1. Limitation of Liability. To the maximum extent permitted by applicable law, The Company shall have no liability in tort, contract, or otherwise, to any User or any third party for any damages arising out of or relating to the use of the Website or The Information. This exclusion includes, without limitation, any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Company’s liability is excluded except in cases of willful misconduct or gross negligence as determined by a competent court.

8.2. Indemnification. The User agrees to indemnify and hold harmless The Company and its officers, directors, employees, and agents from any and all claims and losses imposed on, incurred by, or asserted as a result of or related to: (a) any noncompliance by the User with these Terms of Use; or (b) any third-party actions related to the User’s receipt and use of The Information, whether authorized or unauthorized.

Third-Party Content and Links

9.1. Third-Party Views. The Website may include data, facts, views, opinions, and recommendations of third parties which are used by The Company without independent review for accuracy or completeness. The User acknowledges that The Company is not responsible for such content and shall have no liability for its use.

9.2. External Links. The Website may contain hypertext links to other websites. These links are for convenience purposes only. The Company is not responsible for the content or operation of such external websites, their terms of use, or privacy policies. The User alone is responsible for accessing these sites and determining the extent to which they may use any content found there.

Governing Law, Jurisdiction, and Miscellaneous

10.1. Governing Law. The use of the Website and any matter and dispute concerning its use shall be governed by the laws of the State of Israel alone, without regard to its conflict of law principles.

10.2. Jurisdiction. The competent courts in the District of Tel Aviv-Jaffa are vested with sole and exclusive jurisdiction to hear any matter and dispute concerning these Terms of Use and the Website's use.

10.3. Language and Binding Version. These Terms of Use are authored in English and shall constitute the binding and definitive version. In the event of any conflict or contradiction between this English version of the Terms of Use and any official Hebrew version published by The Company (which shall be for convenience only), the English version shall govern and prevail.

10.4. Severability. Any clause of these Terms of Use declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.

10.5. Privacy Policy. The use of the Website is subject to The Company's Privacy Policy. By accessing and using The Information, the User declares and confirms that they have read, understood, and are legally bound by the terms of the Privacy Policy. Consistent with Section 10.3, the English version of the Privacy Policy is the controlling and prevailing version.