This site is owned and operated by Pax polis Ltd. whose address P.O.B 32411 Area Code 6132301, Tel Aviv, Israel, which shall be referred to herein as “Palacium” or the “Company”. Users of this Site shall be referred to herein as “You”” or “User”. The use of the site is strictly subject to the following terms and conditions (the “Terms”). Should you not accepts any of the Terms, your are asked to cease your use of the Site. For any inquiries, notices or complaints regarding this Site please send a message to firstname.lastname@example.org.
1. Services Proposed by the Site
The use of the Site is strictly for information purposes only. While reviewing the Site, Users will be proposed to use Palacium services which include inter alia any of the Palacium Packs (the “Packs”), investment opportunities, and the joining to the Palacium Partnership or Membership Clubs (collectively, the “Services”). It is clarified, and User acknowledges that the Company provides such Services in reliance thereon, that any use of the Services will be subject to the Terms. With respect to certain Services, you will be asked to enter into a separate agreement prior to your entitlement to such Services and the Company will be under no obligation to provide such Services unless a binding agreement is entered into between you and the Company. The following are the terms that will specifically apply to each of the Services listed below in addition to any other provisions within the Terms:
a. The Palacium Packs
i. Each of the Palacium Pack include a predefined plan to develop the User’s property in various manners. Users of the Site are proposed to choose a Palacium Pack that fits both their needs and the nature of the property they possess. Users who find the proposed plan suitable, are asked to upload to the Site documentation regarding the property they wish to develop including, inter alia, registration documents of such property, images and illustrations, information regarding its exact position and size, as well as contact information and sketches of the property in .fwg format (if applicable) (the “Property Documents”). A Palacium representative will review the Property Documents and at its sole discretion either give notice to the User that the Property meets the necessary conditions of the applicable Pack, or that such conditions are not met.
ii. To the extent the Company determines that the User’s property meets Company requirements, the User will be asked to enter into a Real Estate Development Agreement (a “Development Agreement”) with the Company in a form utilized by the Company per each applicable Pack and after taking into consideration the unique attributes of the property. For the avoidance of any doubt, apart to the Terms provided herein, no further obligations shall be imposed upon the Company unless a binding Development Agreement is executed between the parties to the extent of which these Terms will be terminated and the terms of the Development Agreement shall solely apply. It is clarified that the Company shall have a right to enter into such agreement with a User or alternatively refuse to do so at its sole discretion.
iii. It is clarified that Palacium does not make any warranty, express or implied, as to the feasibility of any proposal provided to any User, nor does Palacium guarantee any future profits, revenues or positive financial outcomes should its proposal be accepted by a User.
iv. The Palacium Packs are offered to the User under the terms which will be set forth in the Development Agreement to be executed by the Parties. Under such terms, inter alia, Palacium may introduce to the User service providers and contractors that may be hired directly by the User. It is clarified that such engagements will be solely effected only between the User and the applicable service provider, and that Palacium explicitly disclaims responsibility to any service or work provided to the User, including with respect to the quality of such work, its performance in due time and its fitness to the property and to the goals of the project.
b. Investment Proposals and Palacium Partnership Club
i. Within the use of the Website, Users may encounter certain investment proposals regarding real estate investment opportunities worldwide. In addition, Users who will join the Palacium Partnership may receive from time to time investment proposals and information regarding real-estate projects worldwide looking for investments.
ii. It is clarified that Palacium makes no warranty, express or implied, to such proposals, especially with respect to such proposal’s feasibility.
iii. Any investment agreement which shall be entered into with Palacium shall be subject to a legally binding agreement to be executed by the User and the Company if and to the extent such proposal materializes. Until such agreement is executed, the Company shall be under no obligation whatsoever in connection with such investment, including without limitation, to provide additional information or to ultimately enter into a binding agreement.
iv. Partners of the Palacium Partnership may submit an application to join the Palacium brand by receiving a license to use such brand within its real-estate project. It is clarified that such approval shall be given in exchange for a down-payment to the Company in an amount that shall be determined by the Company according to the property’s magnitude, location and public exposure, and subject to a licensing agreement to be entered into between such User and the Company.
c. Palacium Membership Club
i. Members of the Palacium Membership Club will be provided with electronic and written notices regarding real estate developments both in connection with Palacium business and otherwise, in various forms such as newsletters, emails notifications, updates and breaking news.
ii. By joining the Membership Club, the User agrees to receive such notifications in any form and releases the Company from any spam claim or in connection therewith.
Palacium grants users of the Site a limited, revocable, non-exclusive and non-transferable license to enter the Site, view its content and use the services offered therein. Palacium reserves the right under its absolute and sole discretion to terminate the license per each User, cease the operation of the Site in whole or alternatively grant a license to use the Site only to certain Users. In no event shall You have any claim against the Company for the termination or limitation of the license.
3. Intellectual Property
All of the content within the site, including photos, images and verbal content, and including its configuration, selection and arrangement (collectively: the “Content”), is protected by copyright, trademark, trade secret, and other intellectual property laws. In no event shall You have any right to the Content, and You agree to use the Content solely in accordance with the Terms set forth herein.
You agree not to copy, republish, download and transmit the content, nor will You create derivative work thereof or rent, assign, modify or reverse engineer the Content in any way whatsoever. The activation of data mining applications, robots or similar data and/or image gathering and extraction methods is strictly prohibited.
It is clarified that the Trademarks are under the full ownership of the Company. Nothing contained herein shall be construed as a license granted by Palacium to You to use the Trademarks in any manner whatsoever. Without derogating the generality of the above, You agree not to adopt or use the Trademark or any variant thereof including misspellings as a domain name or for any other commercial purposes, including in a manner that is likely to create confusion with the Trademarks.
For the purpose of this Section “Trademarks” means any image, logo, name, trade names and domain names within this Site, that are either registered trademarks by the Company or deemed trademarks under law.
5. Fair Use
You agree not to insert any malicious, offensive or obscene content into the Site, including without limitation, malware, viruses, Trojan horses, spam, pornography, racist statements and the like, or use the Site in connection therewith. You may not create links to the Site without the prior written consent of the Company. To the extent the Company makes available to User links to other sites outside the Site, it is clarified that it makes no warranties of any kind, express or implied, and accepts no responsibility for any content or practice of such sites.
You further agree not to violate any applicable law while accessing or using the Site.
The use of the Site for Children under the age of 18 is strictly prohibited.
7. Warranties and Disclaimer
THE SITE AND ITS SERVICES AND MATERIALS ARE PROVIDED BY PALACIUM UNDER THESE TERMS “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PALACIUM MAKES NO WARRANTY THAT: (i) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (ii) THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
You agree to defend, indemnify and hold harmless Palacium, its subsidiaries, affiliates, licensors, employees, agents and independent contractors, against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use or inability to use the Site or your breach or alleged breach of these Terms.
10. Amendment to the Terms
Palacium reserves the right to amend any of these Terms from time to time, and in such case You agree to be bound by such amendments. Palacium may inform You of amendments to the Terms to the extent You have subscribed to the Site. However, whether Palacium has informed You of such amendments or not, You shall obtain full liability to abide to such amended Terms at all time.
11. Governing Law and Venue
These Terms are governed by and shall be construed in accordance with the laws of Israel without regards to any choice of law rules. You hereby consent to the exclusive jurisdiction of the competent courts in the Tel Aviv district which shall have exclusive authority to settle any dispute or claim arising from Your use of the Site.