1. General terms and conditions of use for all IBI SMART application users
1.1. General
1.1.1. The terms and conditions of use of the IBI SMART application (the “App”) by IBI Investment House and/or another company of IBI Investment House and/or IBI Investment House group of companies (hereinafter, jointly and severally: the “Company”) are subject to change from time to time. However, the last updated terms of use published will govern the use of the App, subject to the provisions of applicable law (the “Terms of Use”).
1.1.2. The terms of use set out below govern your use of the services, or any part of them, offered through the App (the “Services”) by the Company, including your access, through the Company’s website or a direct download of the Application, or otherwise. These terms of use will apply to your use of the App in any way, including information, contents, and services on the Application or links to other information sources provided by or through the App. In addition, these terms of use will apply to all the information provided, services purchased, or the use of various tools in the App, and are the legal basis for all engagements and actions you take in this framework. It is clarified that various costs/fees may be attached to the Services offered, as set out in these terms of use and/or engagement agreements between the user and the Company concerning a relevant service, even if certain services may be identical or similar.
1.1.3. These terms of use apply to all App users, including guests, visitors, and users who downloaded the application and did not create a user account (in other words, a “Guest”). A Guest is a person visiting the App without creating a user account for one of the offered services.
1.1.4. You may choose to use only some Services and not all of them. Accordingly, the general terms and conditions of use set out in this chapter as well as the terms of use relevant to each particular service used and/or that will be used as set out in the following chapters of these terms of use will apply to you. In addition, some of the Services may not yet be active and/or will be made available to the user under certain additional terms and conditions as the Company may determine and/or will require you to subscribe with the Company relevant to the service through its website.
1.1.5. These terms and conditions add to any agreement and document between the user and the Company, including, without derogating from the provisions relating to the services subscribed to be the user and/or used by the user, and will not derogate or modify such an agreement and/or document. You must agree to these terms and conditions to be allowed to use the App and the various Services related to it, if any. (for example, ancillary services provided by or through the App, including support services, updates, links to Internet websites or external pages of the Company, and third-party services linked to the App.
1.1.6. By logging in, connecting, and using the App you confirm that you have read and understood these terms and conditions including the terms set out in the Company’s Privacy Policy. You agree by using the App, that the terms and conditions and the privacy policy are binding on you and that you will act at all times pursuant to such terms and conditions. You confirm hereby that these terms and conditions are a binding legal agreement that is enforceable between you and the Company.
1.1.7. The App is made available only to individuals who can legally accept the terms and conditions and enter into a binding agreement pursuant to applicable law.
1.1.8. Confirming these terms and conditions or using the App will be evidence of consent to the provisions, terms, and conditions set out below and an undertaking on your part to comply with them in your use of the App. If you do not agree to any of the terms, conditions, and provisions set out below you must uninstall the App immediately.
1.2. Subscribing to and using the App
1.2.1. If you subscribe to additional services on the App, you will be required to provide additional details, such as an account number, a username, and other details needed to establish the service. Such information will be password protected by your password that you will keep secure at all times. The Company may, from time to time, determine to use additional or other identification methods.
1.2.2. You represent that the information you upload will be correct and reliable. The Company makes reasonable efforts to identify the clients pursuant to applicable law. If you deliver inaccurate or incorrect details, the Company may charge you for the damages, that the Company, other users, and third parties incurred as a consequence of the erroneous information that you provided
1.2.3. You undertake that you keep, control, and own, exclusively use and habitually in possession of, the mobile phone used to subscribe to the App (the “Device”), and that such Device is locked, and password protected and/or uses additional security features, which only you know.
1.2.4. In addition, as part of using the App the service, after downloading the App you will be requested to provide your permission to use, among other things, the notification alerts and – according to the way the user uses the App, to the photo gallery, the camera, the files saved on the Device, to export telephone numbers to the dialer or messages, and more, as the Company may require from time to time. In addition, you are also bound by the terms and conditions of use of the Device manufacturer.
1.2.5. Impersonating another person, body, corporation, or any other entity to use the App is strictly prohibited.
1.2.6. The use of the App and the Services will be pursuant to applicable law, in good faith, and in the customary way only.
1.2.7. It is absolutely prohibited to use the App for any act in violation of applicable law or public policy – if you violate this prohibition you will be subject to penalties pursuant to applicable law and you undertake to indemnify the Company for any damage that it will incur as a result of your actions.
1.2.8. You must have an Internet connection to be able to use the App. The App may require an increased amount of data, and you will be liable for all the data/Internet costs incurred by the use of the App.
1.3. Use of Your Information
1.3.1. The information that you provide to the Company through the App when subscribing to the App or using it, as well as information held by the Company about your accounts with the Company, and additional information about you obtained from other parties, such as, but not limited to, third-party applications (the “Information About the User”), will form part of and be included in the databases of the Company or anyone on its behalf, or the databases of vendors providing computing or information processing or information security services or any other services to the Company.
1.3.2. Upon subscribing to the App and by logging in to your personal area in any way, among others, by providing the username and password or identifying yourself biometrically, you authorize the Company to obtain information about you from various sources and to keep certain information about you. The use of such information and any other information about you will be subject to the Company’s privacy policy.
If you subscribe to the App as a user and whenever the App is in use, the Company may obtain information about you and your Devices, your use of the Device, configurations, Internet connectivity, location, and other related information. We and/or third parties may use, process, store, and share that information to operate and improve our products and services and the Services provided to you. Nevertheless, we will use and share your personal information according to the Company’s privacy policy.
1.3.3. You are not under any duty to deliver any information as set out in section 1.3.8 below. Nevertheless, the Company will keep all personal information that you willingly and freely provide on its databases. The Company may use any information that you provided using the App. including during the subscription process for the Services or the use of other services on the App, to provide and/or improve the Services. By using the App you agree that the Company may use the information delivered or obtained, subject to the provisions of applicable law, including any consent to receive marketing mail by direct mailing, by regular mail, email, or any other way. You may request to be unsubscribed from any direct mailing list at any time.
1.3.4. The information that we collect through the App is used to provide service and maintain the services provided by the App on an ongoing basis, as well as to contact you, to invite you to make purchase offers on products or services by the Company, for direct mailing, statistical data processing, segmentation, and marketing focus, to improve and/or change the services provided by the App, as well as handling claims and/or lawsuits and/or user inquiries. In addition, we use the information to process, store, and transfer it to business agents helping us with maintaining the service offered by the App. All that is subject to the provisions of the Protection of Privacy Law, 5741-1981. The information collected by the App may be used by any of the members in the IBI Investments House Ltd.’s group of companies.
The Company may use technological tools for the ongoing operation of the App and to collect statistical data, including by saving the address (MAC) of the device being used to use the App and may also use cookies, please read our privacy policy for more details.
1.3.5. For the removal of doubt, it is clarified that all the actions or operations performed using the App are recorded and documented by the Company.
1.3.6. The Company may use the information about the user as set out above for the following purposes, among others:
1.3.6.1. Providing services to the user using the App, and additional services, and managing the relationship between the Company and the user.
1.3.6.2. Considering applications for services and deciding about the services, their scope, and the way to provide them.
1.3.6.3. Managing credit risks including credit risk analysis and rating, and handling any other credit risks, for example, discovery and prevention of fraud or preventing abuse of the services, monitoring operations pursuant to applicable law including under a foreign judgment, and so forth.
1.3.6.4. Improving the service to the user and other users, including new product and service development and offering them to the Company’s clients.
1.3.6.5. Information analysis, segmentation, characterization of service use patterns, consumer habits, and advertising focus.
1.3.6.6. Marketing and advertising on various channels, pursuant to applicable law.
1.3.7. The Company may, but is not under obligation to, deliver Information About the User from time to time, if so required to realize the purposes of the service, to agents in Israel as well as abroad, namely: (1) Third parties providing services to the Company including computer services, operating and communications to obtain services – service providers may keep the information, store it and use it to provide the services to supply their services (2) Anyone to which the company is under duty to deliver Information About the User pursuant to applicable law, including foreign law, (3) Means of payment and financial assets clearing systems, (4) Counter-parties in transactions or actions, as an agent or final counterparty (5) A new or another corporation if the Company reorganizes its operations in another corporate framework, and if it merges with another body or merges its operations with the operations of a third party, (6) Assignees – if the Company carries out an assignment or charge or with a view to perform such assignment or charge. (7) A competent authority. (8) bodies and service providers on the Company’s behalf, all subject to the privacy policy of the Company.
1.3.8. It is clarified, as mentioned, that the user is not under any legal duty to provide Information About the User to the Company, however, if the user does not agree to do so they will not be able to use the App.
1.3.9. The information provided by the App does not constitute a proposal, solicitation, or advice to provide credit, or make investments, and it does not replace professional and personalized advice taking into consideration the user’s personal data.
1.3.10. The information provided on the App may include typos, incorrect spelling or wording, or other errors. The Company will not be liable for any damage caused by such errors.
1.3.11. You may not change, copy, distribute, transmit, present, perform, duplicate, publish, or sell any item of the information, the software, or the services related to the App.
1.4. Information security
1.4.1. You confirm that you will be required to identify using personal means of identification to log in and use the App.
1.4.2. Your entitlement to use the App is personal to you and you may not allow, authorize, or permit anyone to use the App using the device or your information.
1.4.3. If you decide to use another Device or sell or deliver your Device to someone else, you must uninstall the App from the Device and prevent any access in your name using the old Device.
1.4.4. You are aware that the App, by being communications network based, is exposed to the related risks including discovery or modification of the information flowing in them by unauthorized agents. The Company makes great efforts and implements various safety measures to protect against such risks, but there is no way to block off such risks completely. You are required to secure the information as specified below to mitigate such a risk:
1.4.4.1. You will be provided a means of identification by the Company to obtain instructions.
1.4.4.2. The identification you obtained is personal and may only be used by you. You will be responsible for keeping the information security means in complete confidence and inaccessible, and you undertake not to disclose them and/or deliver them to others, and you undertake to bear the full liability for any expense and/or damage and/or loss that the user and/or the Company and/or any third party may incur from the use of the means of identification, or some of them, by others. If a user wishes to let a third party log in to the App on their behalf or use it directly, such a user will sign a power of attorney in the form acceptable to the Company and must obtain its approval for that purpose.
1.4.4.3. You undertake to change your password, which forms part of the means of identification, frequently, and in any event at least as frequently as the Company may instruct, to a new, random, and strong password as much as possible.
1.4.4.4. You undertake to notify the Company immediately if you suspect that a means of identification was discovered by anyone without your authorization and/or abused by anyone and/or if you experience any disruption and/or malfunction and/or receive information from any third party and/or about the accounts of other users.
1.4.4.5. It is clarified, that if you receive a means of identification from the Company by email using the address that you delivered to the Company and/or a text message to your mobile phone, the Company will not be liable if the confidential code sent to you was not received at its original destination for any reason whatsoever, or if you are not the sole user of the email address you gave as the address to send such notices.
1.5. Logging in using a fingerprint or face recognition software
1.5.1. You may log in to your personal area using biometric identification based on fingerprints, or face recognition software on your Device (“Biometric Identification”) You may use Biometric Identification as an alternative to logging in with your username and password using the keyboard. Biometric Identification will enable easy and quick identification and will provide more accurate detection and safer use of the App, subject to the terms and conditions set out below.
1.5.2. The Company does not keep your fingerprints or facial recognition data as defined by the fingerprint or facial recognition reader on your Device. Your fingerprint and facial features are stone on your Device only. The Company has no access to Biometric Information and it is kept only on your Device.
1.5.3. Subject to the provisions of applicable Law, the Company is not liability for any damage, defect, or malfunction of any kind or nature caused by using a Biometric Identification device, including, and without derogating from the general nature of the above, loss of data, defects and/or malfunctions in the Device and/or hardware and/or software of any kind.
1.5.4. Using Biometric Identification is considered reliable and safe, however, there is no absolute certainty that your fingerprints and facial features cannot be copied, under certain conditions and using certain means, from the Device. In addition, using Biometric Identification is subject to a user undertaking that the fingerprints or facial features defined in the Device are indeed the user’s prints and features, and that no other fingerprints or features were defined in the Device, as long as the user is using the App. A violation of the undertaking above exposes the user’s account to the risk of penetration by unauthorized agents. If the user wishes to define fingerprints and facial features of another person on their Device, or if such fingerprints and features were already defined for the Device, the user is requested not to use the Biometric Identification service and to continue to be identified by punching in the username and password on the keyboard.
1.6. Confidentiality
1.6.1. Without derogating from the provisions set out in the terms of use, the Company undertakes to act pursuant to the provisions of applicable law including the Protection of Privacy Law, 5741-1981 and the Protection of Privacy Regulations (information security), 5777-2017.
1.7. Notices and advertising
1.7.1. Notice is given to the user that the Company will make use of their contact details. which the delivered upon subscribing to and using the App, to send to them from time to time information and marketing information, including advertisements as defined under the Communications Law (Bezeq and transmissions), 5742-1982 (the “Communications Law”)m concerning products or services that are similar to the Services which the client uses, including information about the activities of the IBI Group and/or products and services being offered by it, events and conferences, professional reviews and so forth, using various means, including email, fax, automatic dialing systems, and SMS messages. If the user is not the only one using the email address receiving marketing contents, the user confirms by their consent to these terms of use that they obtained the consent of all the other users using that email address, and that their consent is the consent of the other users as well to receive marketing messages at that email address. It is clarified that the consent provided above is consent under the meaning of section 30A of the Communications Law.
1.7.2. It is clarified that the user may notify the Company at any time that they wish to unsubscribe from the marketing information and material mailing list as described above by sending an email message to the email address unsubscribe@IBI.co.il or by pressing the “unsubscribe” button on the bottom of the email message.
1.7.3. It is further clarified that a request to be unsubscribed mailed to the sender of the email message or SMS message will not bring about your removal from the mailing list, and you must act in one of the ways listed above.
1.8. The relationship of the parties and intellectual property
1.8.1. The terms of use and the use of the service and the App do not create and will not be construed to create a partnership, joint venture, employer-employee, agency, giver-taker, or franchisee relations between the parties.
1.8.2. The Company is and will remain at all times the copyright owner and owner of the App and the information included in it or provided by it. The marks appearing in the application are trademarks of the Company, regardless of their registration. You may not take any action that might impair the proprietary rights in such marks. The App as a whole, including all the information appearing on it, the software underlying the App, information, and materials accessed using the App are offered for use as is and are not adjusted to the need of a specific user or a particular action. You may not duplicate, photocopy, print, or use a printout of the App to distribute or publish it for commercial purposes in any way whatsoever. It is further prohibited to make any coding activities in the App, including, and without derogating from, reverse engineering of the App, decompilation of the App, any change, editing, re-coding of the App’s code, and any attempt to decipher the structure or coding of the App.
1.9. Additional provisions
1.9.1. If a provision of the provisions of these terms of use is found invalid, illegal, or unenforceable the validity and applicability of all the other provisions of these terms of use will not be impaired.
1.9.2. It is absolutely prohibited to use the App to transfer money, purchase, or pay for any transaction, product, or service in violation of applicable law, customs, or public policy – a user violating this prohibition will be subject to penalties pursuant to applicable law, and undertake to indemnify the Company for any damage that will be caused to it by such actions or the user’s intention to perpetrate them.
1.9.3. The laws of the State of Israel apply to the information on the App. Therefore, it may be the case that the use of the information and acting upon it might be restricted and even illegal under the laws of various countries and you must check, before using the information, if you are entitled to use it pursuant to applicable law that applies to you, and the permitted extent of such a use.
1.9.4. The use of the App and any legal proceeding related to or arising from the use of the App will be governed by the laws of the State of Israel and will be brought before the competent courts in the Tel Aviv district.
1.9.5. The male and female pronouns are intended for both sexes.
1.9.6. You confirm and agree that any cause of action that you might have against the Company and/or anyone on its behalf arising from the App and/or the services provided by it and/or in connection with the contents provided, will be in force for one (1) year from the date of the event. After such a period, it is agreed between the parties that the cause of action will become time barred.
2. Chapter 2 – terms of use for trading by yourself (IBI Trade)
2.1. General
2.1.1. The terms of use set out in this chapter are relevant only to users that are clients of the independent trading services being provided by the stock exchange and investment services company in Israel – IBI Ltd., a member of the IBI Investment House group of companies (“Stock Exchange Services”) using the App. In addition, the terms of use set out in this chapter add to the general terms and conditions of use of the App set out in Chapter 1 above.
2.1.2. The terms of use add to any agreement or document between the user and the Stock Exchange Services and in particular a document called “general terms and conditions of account management” including all its appendices (the “Account Opening Documents”) and do not derogate or change any agreements and documents as mentioned. If an inconsistency is found between the terms and conditions of use and the Account Opening Documents, the Account Opening Documents will govern.
2.2. The service
2.2.1. Subject to these terms of use, Stock Exchange Services will provide to the user through the App, an easy, convenient, and quick service in connection with financial assets, among other things: Services being provided to you as the user (an independent trading account owner with Stock Exchange Services) including obtaining quotes, current updates, creating a tracking list and independent trading. And Demo services as a user or a guest (anyone using the website or the App who is not an independent trading account owner with Stock Exchange Services) for virtual trading practice. All the above-mentioned services and additional services provided by Stock Exchange Services from time to time using the App will be called jointly in this chapter, herein above and below, as long as not otherwise expressly noted: the “Service” or the “Services”).
2.2.2. The terms of use will apply to all the services being provided by Stock Exchange Services in the App, the user may elect to use only some of the Services and not all of them. In addition, some of the Services may not yet be active and/or will be made available to the user under certain additional terms and conditions as Stock Exchange Services may determine upon such services becoming available.
2.2.3. Joining the service is subject to signing a subscription agreement and compliance with the terms and conditions of the Company, including the deposit of cash and/or financial assets in a certain minimal amount as may be determined from time to time, which is, to date, 15,000 NIS. Due disclosure – the fees of the Company for purchase or sale transactions of shares and ETFs in the United States are calculated according to 1 cent per share, a minimum of $7.5 per transaction including the foreign broker fee, and without the costs of other third parties and according to the prevailing commission in the Company for the purchase/sale of such securities being traded in the United States exclusively. The fee of the Company for the purchase or sale transactions of shares in Israel is 0.08% of the transaction value, with a minimum of 2.35 NIS per transaction. It is clarified that the fees may change from time to time and according to agreements with clients as determined in the client account opening agreement. A fee comparison table among the various stock exchange members is published on the stock exchange website. For additional details see the Company’s website at the address: www.ibi.co.il Our address: 9 Echad Haam Street, The Shalom Tower, Tel Aviv, 61219101, Telephone number: 03-5197933.
2.3. Changes in the service
2.3.1. The service is subject to changes as Stock Exchange Services may decide from time to time including changes or cancellation of services being offered in the App, without notice.
2.3.2. Stock Exchange Services may discontinue the service at any time, or any part of it, and may change the App at any time, the way the service operates, its contents or designs, or add, reduce, or remove the service or any part of it. Pursuant to the exclusive and absolute discretion of Stock Exchange Services – without any duty to provide a notice in connection with or relating to such a change in or cancellation of the Service, or any part of it.
2.3.3. Stock Exchange Services may, but is not under obligation to, restrict the service or the App further as it may decide without any duty to provide arguments for its decision.
2.4. Fees
2.4.1. In the current version of the App, downloading the App is offered free of charge as well as the use of virtual trading practice. The use of independent trading services by Stock Exchange Services is subject to the payment of fees as set out in the account opening documents. Stock Exchange Services may add and/or update fees from time to time, including charging a fee for using the App, pursuant to its exclusive discretion, by adding new fees, or by updating existing fees. Stock Exchange Services will deliver notice concerning adding/updating fees in one of the following ways (according to the earlier between them), subject to binding provisions of applicable law: (1) Written notice to the client; or (2) notice to the client delivered in the way customarily used by Stock Exchange Services with all its clients or a particular client type (a general update), including a notice on the App. An update of an increase in the fee rate will enter into force within 7 days of dispatch of notice to the client of such a fee increase, and subject to the provisions of the stock exchange bylaws in their form as it may be from time to time.
2.5. Service termination
2.5.1. You may terminate the service on the App at any time by uninstalling the App from your mobile Device. Without derogating from the above, it is clarified that uninstalling the App does not constitute a closing of an independent trading account with Stock Exchange Services, including all its aspects, including fees being charged, information collection, and so forth. Notwithstanding the above, if the Company determines that the service has been abused or if any other irregular incident occurs, the Company may discontinue the service immediately.
2.5.2. If your Device is lost or stolen, or if you suspect that the Device is being abused, you must contact the Company (call telephone number 03-5197933 or 03-5197932) to block the use of the App and the service using the Device.
2.6. Responsibility and liability
2.6.1. The use of the service is subject to applicable law. By subscribing to the service you are presumed to be using it pursuant to applicable law.
2.6.2. Stock Exchange Services is not liable for any damage that might be caused by a defect, a malfunction, or misuse of the software operating the App or the access to the App.
2.6.3. Stock Exchange Services is not liable for any consequence arising from reliance on the App or using it and any use will be under the personal responsibility of the user. Use appropriate discretion when using the service.
2.6.4. The user represents that they are legally competent to provide an undertaking pursuant to the terms and conditions of use, including concerning the use of the App and the service. For the removal of doubt, the user is fully liable for all the uses they make with the App.
2.6.5. The user represents that they will be responsible for reviewing the terms and conditions of use from time to time and that the use of the App is evidence that they are updated and comply with the updated terms and conditions of use of the App as they may be from time to time.
2.6.6. The use of the service is exposed to the intrinsic risks related to using a computer system and communication systems. Stock Exchange Services makes every effort to reduce the number of malfunctions to a minimum and allow the users to enjoy the service at all times. Nevertheless, such malfunctions and risks cannot be completely prevented.
2.6.7. Stock Exchange Services is not liable for any damage, loss, expense, or data corruption incurred by the user as a consequence of the following causes, among other things: Temporary interruptions in communication services, disruption, and other malfunctions in communication lines or their availability and reaction time of computer systems, disruption of information and data or other malfunctions not under control of Stock Exchange Services and which Stock Exchange Services could not have prevented by reasonable effort.
2.6.8. Account transactions (as such term is defined in the account opening documents – instructions using an online trading system to carry out transactions and manage the account, hereinafter: “Appendix C”), performed using the App will be governed by the provisions of the account opening documents, and, in particular, the provisions of Appendix C, mutatis mutandis.
2.6.9. Instructions using the App may fail to execute because of a malfunction or mechanical malfunction of the App, among other things. The user declares that they are aware of such a risk, and they release Stock Exchange Services from any liability and damage that they will incur following such a malfunction. The user confirms that they are aware that Stock Exchange Services is unable to verify message receipt using the stock exchange system and/or the system of a foreign stock exchange, and that Stock Exchange Services is not liable for delivering instructions to the stock exchange and/or a foreign stock exchange using other means and is not liable for errors in delivery of such instructions (including any typos, double execution and so forth). Without derogating from the general nature of the above, the user represents that they are aware that it may be the case, due to loads on the Internet and/or communication lines and/or malfunctions and/or disruptions not under the control of Stock Exchange Services and/or the bodies providing the trading systems to Stock Exchange Services and/or the foreign broker and/or various technological constraints, that the user would be unable to deliver instructions, or that the response time to such delivered instructions will be slow, and they finally and absolutely waive any claim and/or demand and/or lawsuit against Stock Exchange Services concerning an inability to deliver instructions and/or a long response time of the App and/or the failures described in this chapter and in connection with damages and/or losses and/or expenses caused to them as described above.
2.6.10. The user is fully and exclusively liable for their current and/or future use of the App and the information obtained from it (the “App Information”). App Information is intended for the personal use of the user exclusively and such a use or any reliance on it will be under the exclusive liability of the user.
2.6.11. Stock Exchange Services highlights to the user that transactions in securities and/or foreign securities and/or financial assets require special expertise and professionalism. The information on the App, including in the “articles” and/or “news” sections, is not an opinion, recommendation, or offer to purchase, hold, or sell any securities and/or foreign securities and/or financial assets. Such information is not provided as investment advice and/or investment marketing and does not replace the user’s independent discretion and obtaining professional advice, including professional advice by a qualified investment consultant/marketing agent, taking into consideration the special needs and characteristics of each individual. For the removal of doubt, the App Information included in articles does not constitute advice about the viability of investing in a particular subject matter discussed on the App. The information mentioned above is not provided as an analysis of the entire facts and relevant circumstances and is unrelated to your personal and unique needs. you may not rely on such information and may not presume that the use of the information mentioned above will bring about particular results.
2.6.12. Stock Exchange Services declares that companies related to it engage in providing investment marketing services, investment portfolio management, investment fund management, mutual investment fund management, underwriting, and so forth, and therefore it may be the case that, from time to time, the Company, Stock Exchange Services, and companies related to Stock Exchange Services, or interested parties in any of the above companies or their clients have an interest in securities and/or foreign securities and/or the financial assets noted on the App.
2.6.13. Data obtained from TipRanks Ltd. – in the framework of the service provided by the App, an option is provided to watch the information about securities of companies traded on stock exchanges in the United States and provides access to TipRanks’ website, a website that provides recommendations by foreign analysts for stock trading in the United States, with a ranking of their success. In this context, the information and data on the App are under the exclusive liability of TipRanks Ltd. according to the terms and conditions of service of TipRanks Ltd., and according to their notice, they collect a wide range of data and information without exercising any discretion. Stock Exchange Services and/or its employees are not involved in collecting the information, do not carry out any independent investigation of the data, the information, and the sources presented on the App, and their publication on the App and/or linking to the website of TipRanks Ltd. does not constitute verification or affirmation that they are correct. We only provide access to that information. It may be the case that TipRanks Ltd. is obtaining information about those accessing the company’s website. Access to TipRanks Ltd.’s website is provided to obtain information only and is not to be viewed as an analysis of the entire facts and relevant circumstances that are pertinent to your personal and unique needs, it may not be viewed as investment advice or as replacing investment advice that takes into consideration the unique data, needs, and goals of an individual, and you may not act upon it unless you obtained personal investment advice and after exercising due and independent discretion in the matter. You may not rely on such information on the App and may not presume that the use of the information mentioned above, including recommendations presented on the website, will bring about particular results. To read the articles where they were originally published, follow the link on TipRanks Ltd.’s website. Stock Exchange Services and/or its employees are not liable for any damage caused by an error in the data and information and/or the data being incomplete and/or out of date and/or any information security events and/or offenses under the Protection of Privacy Law, 5741-1981. The information is made available for the exclusive use of the user and may not be copied and/or distributed and/or transferred to any third party.
2.6.14. An excerpt from TipRanks Ltd.’s terms and conditions of use – the service provided by TipRanks Ltd. including TipRanks Ltd.’s website, the software underlying it, and all the information presented and/or made available by using TipRanks Ltd.’s software or website are provided as is as the information may be available and in the form selected by TipRanks Ltd. for presentation on the website, without any obligation of TipRanks Ltd. concerning its correctness and/or accuracy and/or relevancy, all subject to any qualifications provided under applicable law instructing otherwise. TipRanks Ltd. is not liable, expressly or implicitly, for: 1. The information presented on the website; 2. The use of information presented on the website is used for any purpose whatsoever, including, but not limited to, used by the user to make any investment and/or to investigate the financial condition of a company as to which information is being provided on TipRanks Ltd.’s website; 3. the financial conditions of any user on the website; 4. The accuracy and completeness, correctness, availability, and/or profitability of information and/or a ranking; 5. The material, the information, and the transactions the access to which is made available by accessing TipRanks Ltd.’s website; 6. Any damage and/or computer virus and/or error and/or malfunction and/or defect that occurred on TipRanks Ltd.’s website or that concerns the information presented on it; 7. The availability of the existing information and transferring it to TipRanks Ltd.’s website; 8. Damage or a financial condition caused to the user on TipRanks Ltd.’s website following the use of the information being provided on the website; and, in addition, it is clarified beyond any doubt that the website, the software, the algorithm, the contents, and/or the information provided by TipRanks Ltd. might include or be based upon complete or partial errors, mistakes, incomplete information, outdated information about the matters mentioned above. In any event, TipRanks Ltd. will not have any liability for the correctness of such matters and the operation of the products, the software, and/or the services being provided by TipRanks Ltd. on the website, including any damage, harm, disruption, destruction, collapse, delay, incorrectness or any other issue that might cause TipRanks Ltd.’s website and the services on it to be unavailable or unusable. TipRanks Ltd. is acting to make sure that the information displayed on its website is reliable and correct, however, it does not provide any assurance of that. If any inaccuracy or error in the information presented on TipRanks Ltd.’s website arises, please notify TipRanks Ltd. of that using the following email address: support@tipranks.com. If it is determined that the information on the website is inaccurate, TipRanks Ltd. will make its best efforts to correct the erroneous information without such action imposing any liability whatsoever on TipRanks Ltd. It is clarified hereby that using the system on TipRanks Ltd.’s website and the services provided by TipRanks Ltd. is based on past information that might not have an impact and/or may be irrelevant to the future behavior of the capital market, and in addition such information may be based on sources on the Internet which TipRanks Ltd. considers to be reliable, however, TipRanks Ltd. will not be liable for the reliability of the contents presented on the website, and/or its correctness, and/or completeness. TipRanks Ltd. underscores hereby that the information and/or contents presented on the website as well as any activity in the capital market and all the financial assets included in it require special knowledge and professional expertise and any activity in this context is made under the exclusive discretion and responsibility of the user only. Any information or service provided on TipRanks Ltd.’s website relating to investments, debentures, options, hedge funds, ETFs, or any other financial assets does not replace professional advice in this matter. The user understands and agrees that the information published on the website is based on an algorithm that takes many parameters into account. The algorithm is owned by TipRanks Ltd., and it reserves the right to act as it may see fit concerning its confidentiality and/or any disclosure of information relating to the algorithm. In addition, the user understands that the operation of the algorithm may yield certain results, however, other ways and services may yield different results. TipRanks Ltd. ranks matters and consequences using the algorithm. Any change, addition, or exclusion of data might yield different results or different future consequences to be presented on TipRanks Ltd.’s website. In addition, any ranking used by TipRanks Ltd. for the algorithm is based on publicly available information. Such information might be erroneous, counterfeit, or incomplete, and such information might have an impact on the algorithm and the results presented on the website. Any ranking and/or information on the website might be erroneous, outdated, incomplete, and/or unsuitable for any particular purpose of a user on TipRanks Ltd.’s website. It is hereby clarified that the services offered on the website are offered for personal use by the user and may not be used for commercial purposes. TipRanks Ltd. recommends that the users act independently to obtain information and analyze it for investment purposes in any financial assets offered on the capital market and to consult qualified and licensed professionals who can provide advice in matters of capital market investments. TipRanks Ltd. clarifies hereby that it is not registered as a consulting company and/or an investment marketing company, and that it does not provide such services because TipRanks Ltd. is unauthorized by any regulatory body to engage in any of those activities. TipRanks Ltd. does not carry out any independent research concerning the ranking and fully relies on existing publicly available information; the services being offered by TipRanks Ltd. may not be viewed as an offer or an opinion about the condition of any company or financial products whatsoever. In addition, it is clarified that TipRanks Ltd. does not verify or provide a guarantee in the matter of reliability and/or completeness and/or legal compliance of the information provided on the website concerning ranking and/or the positions held by the authors of the information on TipRanks Ltd.’s website.
2.6.15. Data obtained from Bridgewise Analytics Ltd. – the information provided on the App in the framework of analysis is being provided by Bridgewise Analytics Ltd., a private company serving as an external service provider of stock exchange services (in this subsection: the “Analyses” and “Bridgwise”, as the case may be). The information and data included in the Analyses are under the exclusive liability of Bridgewise according to the terms and conditions of service of Bridgewise, and, according to its representations, they collect a wide range of data and information without exercising any discretion. Stock Exchange Services and/or its employees are not involved in collecting the information, do not carry out any independent investigation of the data, the information, and the sources presented in the Analyses, and their publication on the App and/or linking to the website of Bridgewise does not constitute verification or affirmation that they are correct. Access to Bridgewise’s website is being provided for obtaining information only and is not a full analysis of all the facts and relevant circumstances related to your particular personal needs. The Analyses may not be viewed as investment advice or replace investment advice provided by Stock Exchange Services and/or taking into consideration the special data, needs, and purposes of a particular individual, and you may not act in reliance on such Analyses before obtaining personal investment advice and exercising independent discretion. You may not rely on such information in the Analyses, and may not presume that the use of the information mentioned above, including recommendations presented in them, will bring about particular results. to view the full Analyses, click on the link next to it to Bridgewise’s website. We only provide access to that information. It may be the case that Bridgewise is obtaining information about those accessing the company’s website. Stock Exchange Services and/or its employees are not liable for any damage caused by an error in the data and information and/or the data being incomplete and/or out of date and/or any information security events and/or offenses under the Protection of Privacy Law, 5741-1981. The information is made available for the exclusive use of the user and may not be copied and/or distributed and/or transferred to any third party.
2.6.16. Data obtained from other external providers – the alerts and/or the information on the App (in this section jointly: the “Information”), is provided, among others, by external bodies providing the trading systems to Stock Exchange Services and/or the foreign broker and/or any third parties engaged with Stock Exchange Services (“as is”) without Stock Exchange Services having any control of the contents and/or its correctness and/or it being up-to-date and/or its reliability and/or availability. Stock Exchange Services is not liable for the information on the App and/or its correctness and/or its being up-to-date and/or its reliability and/or availability and/or its suitability to the needs of the user, if any, and is not liable to the user for them being unable to use the Information on the App for any reason whatsoever.
3. Chapter 3 – terms and conditions of use of the services of IBI CAPITAL
3.1. General
3.1.1. The terms of use set out in this chapter are relevant only to users using the services of IBI CAPITAL being offered by IBI Capital Ltd., a company in the IBI Investment House Ltd. group of companies (“Capital”), through the App, and add to the general terms and conditions of use of the APP as set out in chapter 1 of these terms of use.
3.1.2. In addition to the provisions set out in Chapter 1 above, the use of IBI CAPITAL’s services is also subject to the terms and conditions of use and service published by Capital and the privacy policy as confirmed by the user upon subscribing to the service offered by Capital on Capital’s Internet portal at the address https://mycapital.ibi.co.il or other consents provided during the engagement process with Capital in the various interfaces. To view Capital’s terms and conditions of use please click this link.
3.1.3. Concerning the service by IBI CAPITAL only, if a contradiction arises between these terms of use and the terms of use of the service as set out in section 3.2.1 above, the provisions set out in Capital’s terms of use will govern.
3.1.4. For the removal of doubt, it is clarified that Capital’s services on the App as well as on any other platform are not trading services using a trading system but merely services to deliver trading instructions according to the terms and conditions of use.
3.1.5. It is clarified that Capital’s service is subject to change as Capital may decide from time to time including canceling, changing, or restricting the services being offered on the App, without notice, and pursuant to its absolute and exclusive discretion.