Intro
Dear users!
Your use of the Nadlan One system means that you agree to these terms of use, and these terms are a binding agreement between us and you.
If you do not agree to the terms of use, do not use the system.
Breach of this Agreement and/or breach of any undertaking by the user may result in access to the Nadlan One system being blocked, in addition to any other right available to the Software House under applicable law.
Any change to this Agreement will take effect immediately after a notice is sent to the user or a notice appears upon login to the system, and the user makes use of the system after the notice has been sent to them.
The privacy statement forms an integral part of this agreement for all purposes.
If you have encountered any problem, mistake, or error, or simply have a question or comment, please do not hesitate to contact us in writing by email at: info@nadlanone.co.il; or by WhatsApp message at: 077-4322413; or by mail to: 15 Lo HaAri St., Oranit. We promise to treat every inquiry with the utmost seriousness.
General
1. The foregoing is an integral part of this Agreement.
2. The foregoing and following apply to every user of the Nadlan One system. The use of the masculine and/or singular form is for convenience purposes only.
3. The section headings of this Agreement are for convenience only, and shall not be used for the purpose of interpreting this Agreement.
Settings
4. Interpretation of terms:
4.1. "The Software House" – Nadlan One, Registered Partnership No. 558173621, the developer, operator, and rights holder of the Nadlan One system.
4.2. "The System" or "the Nadlan One System" – the system at: https://nadlanone.co.il/ as well as the app and any other platform, as determined by the software house from time to time.
4.3. "User" – a user, whether for consideration (a subscriber) or without consideration, who makes use of the system.
4.4. "Content" – any information of any kind, including textual content (including agreement formats/templates) in the system.
The Nadlan One System – General Description
5. Nadlan One, by Nadlan One Software, is a dedicated system for real estate brokerage agencies. The system includes, among other things:
5.1. Professional information updated on an ongoing basis: residential properties from private listings, properties from agent listings, commercial properties from private listings, commercial properties from agent listings, transactions from the Tax Authority.
5.2. Production of a comparative market analysis report for a property or a prospect.
5.3. Module for preparing a prospectus/listing for each property.
5.4. A digital signature system for signing up clients online.
5.5. A simple, convenient work interface for the office manager and agents.
5.6. Automated workflows for real estate agencies – building tasks, sharing tasks, reminders.
5.7. Data backup.
5.8. And more.
6. All rights in the system belong solely to the Software House!
7. Access to and use of the system will be permitted only to those who have paid the subscription fee (except for exceptions as detailed in the Terms of Use below), and only for as long as they pay the subscription fee in full and on time.
8. Please note – if subscription fees are not paid in full and on time, for any reason, access to the system will be blocked immediately, and all information stored under the subscriber's name will be deleted within 30 days of the access block, without any further notice.
9. It is the subscriber's full and sole responsibility to ensure that the subscription is paid as required, and that they hold a full and organized backup of the information they need. The software company bears no responsibility whatsoever for the deletion of such information.
User representations and undertakings
10. The user represents and undertakes as follows:
10.1. To comply with this Agreement and with all applicable law.
10.2. That all information they provide in order to register as a subscriber or account holder and/or as required anywhere in the Nadlan One system, including credit card details and any other information required of them, will be true, accurate, reflect reality, and not be misleading.
10.3. To keep the password they receive confidential, not to transfer it to a third party, and not to permit use of the system by anyone who is not authorized/a subscriber. The user is responsible for any use of the password, even if made without authorization. The Software House shall bear no liability whatsoever for damages caused as a result of unauthorized use.
10.4. If a user registers for the system via a third party – such as Facebook and/or Google and/or Instagram and/or TikTok – they agree that a link to their profile on such third party and/or on any other social network the Software House decides on from time to time will appear alongside their content in the system.
10.5. The user alone is responsible for any damage caused to him and/or to any third party as a result of entering into a brokerage agreement and/or relying on the content in the system and/or using the Nadlan One system. The user is aware that the Software House shall bear no liability for any direct and/or indirect damage, financial or otherwise, caused to the user and/or to third parties as a result of using the system and/or relying on the content appearing in it, including real-estate information, and in this regard property details, their characteristics, their prices, and any other information. The foregoing in this section shall apply even if the Software House foresaw or could have foreseen the damage in advance.
10.6. The user is aware that they must supply themselves with the equipment and/or infrastructure required to use the Nadlan One system.
10.7. Not to copy and/or distribute and/or trade in any parts of the system and/or content belonging to the software house, except after obtaining prior written approval from the software house.
10.8. Not to run on the system and/or its content any software and/or mechanisms for data mining or copying content, including robots and crawlers.
10.9. Not to use content from the system outside the context of the system.
10.10. Any use, modification, "download," or printing of content from the system, and any link to the Nadlan One system and/or parts thereof, shall be done subject to the software company's prior written consent, and subject to the terms of that consent.
10.11. Any content the user uploads to the Nadlan One system and/or provides to the Software House for uploading to the system shall be lawful content, shall not infringe copyright or any other right of a third party, shall not constitute defamation, and shall not violate the privacy of a third party.
Permitted use of the Nadlan One system and system availability
11. It is prohibited to use the system in any manner that violates the laws of the State of Israel and/or any other law (criminal and/or civil). Furthermore, it is strictly prohibited to upload content that in any way harms any third party, including, but not limited to: infringement of any intellectual property rights; invasion of privacy; harm to reputation; damage to goodwill; obscene language; indecent material; defamation of any person (including a corporation); threats; insults; intimidation; harassment; content that offends public policy and/or public sentiment.
12. The software company reserves the right – at its sole and absolute discretion and for any reason it deems fit – not to approve an engagement with a user or to terminate an engagement immediately and/or to block access to the system in the event of failure to pay on time and/or partial payment and/or breach of this agreement and/or misuse, and the user shall have no claim in this regard.
13. The software company shall have sole, final, and absolute discretion to determine what constitutes "misuse" of the system, and whether and when use of the system constitutes a breach of this agreement and/or of any law. The software company shall exercise such discretion in good faith and fairly.
14. A user who is blocked will not be entitled to any refund/credit, and the payment they made will constitute agreed compensation that the user undertakes to pay to the Software House.
15. The software house may, at its sole discretion, at any time and without prior notice, adjust and/or suspend and/or discontinue and/or change and/or restrict the services of the Nadlan One system, in whole or in part, including access permissions, availability of activities and services, various content, hours of operation, as well as software and/or equipment required to access the system.
16. The software company may offer, at its sole discretion, special features, capabilities, activities, and content, subject to special or different terms that will be brought to the attention of various users from time to time. It is hereby clarified that participation in such special features, capabilities, activities, and/or exposure to such special content will be deemed agreement to the special terms, which will be detailed as far as possible near each such special activity.
17. Certain features, capabilities, and uses may be available only subject to an additional payment and/or may be limited to certain users, as predefined by the software company.
Agreements
18. The system offers agents ready-made agreement templates for engagements with buyers/sellers/co-brokers. The use of these templates is the sole responsibility of the agent using them. Before using any template, including a personal template as described below, the user must thoroughly review the template's wording and its suitability for their needs, including obtaining legal advice. The software house does not provide legal or other advice in connection with the templates, and makes no representations and/or undertakings whatsoever regarding the content of the agreements, their quality, validity, or enforceability.
19. It is the user's full and sole responsibility to check and verify, prior to generating and signing an agreement, that all details in the agreement, including the parties' details, ID number, property details, brokerage commission, and any other detail, are correct and accurate. In any event, the software house is not a party to these agreements, and all responsibility in connection with these agreements, including the parties' meeting of the minds and the definiteness of the agreements, as well as their wording, content, and enforcement, rests solely with the parties to the agreement, and not with the software house.
20. A user wishing to upload a personal agreement template to the system shall approach the software company with an appropriate written request. The software company does not undertake to approve such a request and may refuse for any reason at its sole discretion. For the avoidance of doubt, personal templates may only be uploaded if all rights in them lawfully belong to the user.
21. In any event, the software company shall bear no responsibility whatsoever regarding personal templates, including any omissions, errors, or discrepancies during or resulting from the loading of a personal template into the system, even if the software company agreed to load the template into the system and/or foresaw or could have foreseen any of the above. The responsibility to check and confirm that the template suits the user's needs rests with the user alone.
Subscribers
22. Use of the system is subject to payment of subscription fees, unless expressly stated otherwise within a special engagement agreement, promotion, etc., regarding which explicit written notice will be given, including on the website itself and/or in a notice sent by email or other means, all subject to the terms determined by the software house from time to time, at its sole discretion.
23. The subscription terms, subscription duration, and subscription price are detailed on the system's registration pages and/or in a separate notice sent to the user, at the company's discretion from time to time.
24. The software house may change the subscription terms, subscription duration, and subscription price from time to time and at its sole discretion. The changes will take effect 30 days from the time of publication.
25. If the software house publishes a notice upon login to the system regarding a change to the subscription terms and/or the subscription price as stated above, the user may notify the software house of their wish to terminate the engagement and the subscription in accordance with the terms of use.
26. If the user does not notify the software house by email and/or WhatsApp and/or phone of their wish to terminate the engagement and the subscription with it, this shall be deemed consent to the change in the subscription terms and/or subscription price.
27. A user who has logged out of the system for any reason and wishes to log back in, whether shortly after logging out or not, will connect under the terms and subscription fees applicable at the time of the new engagement, and no previous prices and/or terms will be retained for them.
Non-application of the Consumer Protection Law and non-application of the transaction cancellation provisions under the Consumer Protection Law
28. A subscription to the system will be available only to an agent/real estate agency for use that is primarily business/commercial in nature. Accordingly, this does not constitute a "consumer," and the provisions of the Consumer Protection Law, 5741–1981, and its regulations, including with regard to cancellation of a transaction, do not apply to this engagement.
29. Cancelling a transaction during the engagement period entails payment of a cancellation fee or payment for the full engagement period, all as detailed at the time of engagement. There is no "price/terms guarantee." In the event of re-engagement following cancellation, it will be carried out in accordance with the current rates and terms relevant at the time of the new engagement.
30. The engagement will not be canceled and subscription fees paid will not be refunded if the user does not use the system for any reason whatsoever.
Automated message sending
31. If and to the extent the system enables a user to send automated messages (such as email, SMS, WhatsApp, etc.), it is the user's full and sole responsibility to obtain the recipient's consent to receive messages and/or advertising, and to act in accordance with the law, including the Spam Law/Communications Law (Telecommunications and Broadcasting), 5742-1982, as well as any other applicable law from time to time, including with respect to the formal requirements of the message, content, opt-out mechanism, documentation, etc. The software house shall bear no liability whatsoever for claims regarding spam and/or user blocking by WhatsApp or any other messaging service, and the user shall indemnify the software house immediately upon its first demand for any damage and/or expenses incurred by the software house in connection with the foregoing.
32. Without derogating from the foregoing, it is strictly prohibited to misuse the system and/or use it in a manner that harms its functioning, including creating load on the system's server and/or hindering its proper functioning, all as determined by the software house from time to time. The software house may suspend a user or terminate its engagement with them if they act in violation of the foregoing, without any prior notice.
Intellectual property rights
33. All rights in the Nadlan One system, including copyrights in the software code, interfaces, and the name "Nadlan One," belong to the software company, unless explicitly stated otherwise.
34. The rights to users' information (including in users' agreements) belong to the users. The Software House will not share information between users, will not transfer the information to others, and will not make commercial use of the information.
Limitation of Liability
35. Use of the Nadlan One system is offered as is (AS IS).
36. The Software House makes no representations whatsoever regarding the suitability of the system for users' needs. The Software House does not undertake, nor shall it be liable to the user, with respect to the results and/or nature of use of the system and/or its quality and/or its content and/or the availability of the services. Use of the system is not a substitute for the exercise of independent, professional judgment by the user.
37. If, notwithstanding the foregoing in this Agreement, a final judgment of a court of competent jurisdiction determines that the Software House is liable in any way to a user and/or a third party, then in any event this liability, if and to the extent it exists, is limited to the amount actually paid to the Software House or to the subscription fees for the last three calendar months prior to the event giving rise to the liability, whichever is lower. Such payment shall be a one-time payment covering all events, damages, and the period, and shall not accumulate for each of them separately.
38. For the avoidance of doubt, it is hereby declared that the Software House takes reasonable measures to secure the system and ensure its proper operation. In any event, the Software House shall not be liable for any interruption, slowdown, loss of information, theft of information, damage to a computer, damage to infrastructure, disruption, virus, Trojan horse, breach, malfunction, failure of hardware and/or software and/or communication lines, or any security flaw, whatever their cause (hereinafter – "Possible Failure"), to the extent they cause damage to users, including their damages and/or expenses. Use of the Nadlan One system is at the users' sole responsibility. The foregoing shall apply even if the Software House foresaw or could have foreseen the Possible Failure and/or the aforesaid result.
39. To operate and provide the system, the software company may rely on the services of external providers, including server and/or internet and/or cellular providers and/or companies supplying virtual numbers. The software company will not be responsible for the quality, level of service, level of equipment, or any possible failure by an external provider and/or its results, even if the software company foresaw or could have foreseen the possible failure and/or the result thereof. Likewise, if due to termination of the software company's engagement with an external provider and/or for technical reasons the software company is unable to provide and/or operate the system – in whole or in part – the software company may terminate its engagement with users or discontinue the system's operation, from time to time and at any time. In the event of termination by the software company, a user who paid for use of the system will receive only a monetary credit for the period during which services were not provided. The user acknowledges and agrees that they will not be entitled to any other and/or additional remedy besides the credit as stated.
40. The user agrees that content uploaded to the system may be exposed due to hacking, unauthorized access, and/or data leakage. The user waives in advance any claim and/or demand and/or lawsuit against the software house in connection with the foregoing, including in connection with any responses received and/or any result and/or damage caused to the user and/or their property as a result of uploading such content, including harm to reputation and/or goodwill.
41. The publication of advertisements or listings on the system, if any, does not constitute a recommendation or encouragement to purchase the subject of the message, advertisement, or listing, as applicable. The Software House is not and will not be a party to any transaction made pursuant to a message, advertisement, or listing, as applicable, and shall bear no liability for any services or goods within the framework of such a transaction.
42. The system may contain links to other websites. The Software House is not responsible for these websites, their content, or the services offered on them. The presence of links to other websites does not constitute a recommendation to visit any of them and/or to use their services. The Software House declares that it has not taken any steps to verify the accuracy or reliability of the above.
43. The Software House recommends thoroughly checking any other website before browsing it and/or taking part in the activities offered on it, and in any event – anyone who enters another website via a link from the Nadlan One system does so at their own sole responsibility.
Fixing a violation
44. The Software House acts in accordance with the provisions of all applicable law. If, notwithstanding this, it becomes apparent that the Software House is not acting lawfully, the user undertakes to notify the Software House of this immediately in writing, and to give the Software House at least 21 business days to remedy the breach.
Compensation to the software company for breach of agreement
45. The user shall indemnify and compensate the software company immediately upon first demand for any damage, loss, lost profit, harm to reputation, harm to goodwill, payment, and expense caused to the software company in connection with use of the Nadlan One system and/or in connection with the user's breach of this agreement, including legal expenses, attorney's fees, and fines, all plus interest and linkage as required by law.
46. The provisions of this section also apply to any claim and/or demand and/or lawsuit by a third party against the software house, including regarding claims for infringement of copyright in content on the system, invasion of privacy, defamation, etc.
47. If the software house is sued by a third party in connection with a user's use of the system, the software house reserves the right to conduct its own defense in any proceedings brought against it. The user undertakes to fully cooperate with the software house in any such legal proceeding.
48. The user's undertakings to compensate and indemnify the software house as stated in this agreement shall remain in effect even after use of the system ends, provided that the cause for compensation and/or indemnification relates to its use.
Other
49. Any remedy available to the software company under this agreement shall not derogate from, but shall be in addition to, any other remedy available to the software company under the agreement and/or by law.
50. The software company may assign, transfer, or pledge its rights and/or obligations under these terms of use to any third party of its choosing, provided that the user's rights are not harmed.
51. The user may not delay or offset payment owed to the software company, for any reason whatsoever.
52. This agreement and any dispute arising from or related to the use of the Nadlan One system shall be governed exclusively by the laws of the State of Israel. Any matter arising from and/or relating to the use of the system and/or the content displayed therein and/or this agreement shall be adjudicated exclusively in the Ramla Magistrates' Court or the Lod District Court.
53. This agreement constitutes the entire understanding between the parties and supersedes any representation and/or undertaking and/or agreement given in writing and/or orally by either party.
54. No waiver, concession, forbearance, or delay by the software house in exercising its rights under this agreement shall be construed as a waiver or estoppel unless made in writing.
55. The software company may send various notices to the user by one of the following methods, at the software company's sole discretion: a notice in a general information window within the system, email, phone call, SMS message, WhatsApp message, or letter by mail.
56. Any user may send the Software House written notices by email to: info@nadlanone.co.il; or by WhatsApp message to: 077-4322413. Address for sending registered mail: Loa HaAri 15, Oranit.
57. All notices sent to the user shall be deemed to have been received on the next business day following the date on which they were actually received.