Terms and Conditions

Terms of Use

Effective Date: February 2024

The use of the website (“the Website”) of iNDEX Research and Development Indices LTD (“iNDEX Research”) is conditional upon consent to the following Terms of Use. By accessing the website, you are expressing your consent to these Terms of Use.

1. The website (https://indx.co.il) is owned and operated by iNDEX Research.
2. All of the intellectual property rights, including copyright and distribution and presentation rights in all of the website’s content, including all information presented in any way, text, software, pictures, clips, graphics, compilations, including the indices and their names, designs, voice files, video files, picture files and other files appearing on the website (hereinafter referred to as “the Information”) fully belong to iNDEX Research or to third parties who have vested iNDEX Research with use rights therein.
3. The Information is intended for the personal use of the user alone, and no other use may be made thereof, commercial or otherwise. The Information may not be made public and no product originating in the Information may be published, whether printed or stored on any magnetic or optical means, or any other means, without iNDEX Research’s prior written approval and in accordance with its terms and conditions. The Information may not be copied, duplicated or printed for distribution or publication in any way, without the iNDEX Research’s prior written approval and in accordance with its terms and conditions.
4. The Information presented on the website is provided for informational and educational purposes only, and does not constitute a solicitation, offer, opinion or recommendation by iNDEX Research to buy or sell securities. Nothing contained on the website should be construed as investment, tax, accounting or legal advice. Advice from a securities professional is strongly advised. Neither iNDEX Research nor any of iNDEX Research’s officers, employees, directors or agents has made any recommendations regarding the merit of any company identified on the website, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company or market participant identified on this website.
5. The Information was obtained by iNDEX Research from sources believed by iNDEX Research to be accurate and reliable. However, because of the possibility of human and mechanical error as well as other factors, iNDEX Research is not responsible for any errors or omissions and iNDEX Research provides no warranty with respect to the Information. iNDEX Research makes no representation and disclaims all express, implied and statutory warranties of any kind to any user or any third party, including any warranties of accuracy, timeliness, completeness, merchantability and fitness for any particular purpose.
6. The website may contain information regarding exchange-traded options, futures, and other derivatives. No statement on this website is to be construed as a recommendation to purchase or sell a security, or to provide investment advice. Options, futures, and other derivatives involve risk and are not suitable for every investor.
7. The website may contain “forward-looking statements” within the meaning of Section 27A of the U.S. Securities Act of 1933, as amended, Section 21E of the U.S. Securities Exchange Act of 1934, as amended, and the Securities Litigation Reform Act of 1995. iNDEX Research may also make written or oral “forward-looking statements” in documents filed with the Israeli Securities Authority or other Israeli or foreign governmental agencies, in press releases, and in other materials or communications describing iNDEX Research, some of which may be described or available on the website. These “forward-looking statements” involve a number of risks, uncertainties, assumptions and other factors, many of which are outside of iNDEX Research’s control, which could cause actual results to differ materially from such statements. Past performance has no guarantee of future results. The user is cautioned not to put undue reliance on any forward-looking statements. Forward-looking statements speak only as of the date they are made, and iNDEX Research have no intention and undertake no obligation to update or revise any of them in light of new information, future events or otherwise.
8. Unless due to willful tortious misconduct or gross negligence, iNDEX Research shall have no liability in tort, contract or otherwise (and as permitted by law, product liability) to any user nor any third party. iNDEX Research shall under no circumstances be liable to any user nor any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental or punitive damages whatsoever even if iNDEX Research has been advised of the possibility of such damages.
9. Some countries and certain U.S. states provide rights in addition to those stated here, or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, these limitations may not apply to you or there may be state provisions that supersede the above. 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. Use Restrictions:
    1. The User may receive, download, store and use the Information solely for internal informational purposes. The right to use the Information is subject to the limits described herein and that may be established by iNDEX Research in its sole discretion and posted to these Term of Use in the future.
    2. The User may not store any Information to create historical databases.
    3. The User may not create derived works such as data, works, indexes, charts, reports or any kind of products which are in way derived from the Information.
    4. The User may not store, reproduce, further transmit, distribute or make available to third parties any Information or any works derived from the Information in any type of format or by any means (including but not limited to the internet, intranet or other type of network distribution).
    5. The User may not use any Information or any works derived from the Information in connection with the issuance, trading, marketing, or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the indexes or services).
    6. The User may not use the Information in any way or for any purpose that would require a separate license from iNDEX Research or other third parties.
    7. The User may not use the Information on behalf of, or for the benefit of, anyone else.
11. Sanctions and Remedies:
    1. If the User is in breach of any provisions of these Terms of Use including clause ‎10, iNDEX Research is entitled to block the User’s access to the Website with immediate effect without any notice. In addition, to make the User’s further use of Information contingent on the User, or its employer, entering into a license agreement with iNDEX Research and paying a license fee pursuant to the iNDEX Research’s then current pricing which would apply retrospectively.
    2. iNDEX Research shall be entitled to damages (including loss of revenue) resulting from any breach of these Terms of Use including clause ‎
    3. Furthermore, iNDEX Research is entitled to request the User to rectify such a breach immediately. In particular, iNDEX Research shall have the right to request, inter alia, the deletion and/or removal of any data, material, document, products, works etc. that have been used or produced in breach of these Terms of Use including clause ‎
    4. Such measures or payments do not entail a waiver or limitation of any other right or remedy available to iNDEX Research under these Term of Use and the applicable laws.
12. Disclaimers

Neither iNDEX Research nor any of its licensors makes any warranties or representations, express or implied, to the User with respect to the access to, and the use of, the Website and the Information. In particular, the User acknowledges and accepts the following disclaimers of iNDEX Research.

1. iNDEX Research reserves the right to remove any of the Inforamtion from the Website at any time without notice. iNDEX Research may discontinue or change the Website, or its availability, at any time.
2. Subject to applicable law, iNDEX Research may, in its sole discretion, implement at any time and without notice any technical, administrative, content-related or other changes on the Website (including such changes to the Information), which changes may affect the Information. For example, iNDEX Research may change the way the Information is organized and formatted on the Website, how the Information can be accessed and downloaded and, in particular, iNDEX Research may also add or remove indices and change methodologies at any time and change the components and methodologies of the indices.

13. The aforementioned shall apply mutatis mutandis to third parties information providers and to the Information provided by them.
14. The Website may include data, facts, views, opinions and recommendations of third parties which are used by iNDEX Research without any review for accuracy or completeness. The User acknowledges that iNDEX Research is not responsible for such content, and that iNDEX Research shall have no liability to the User or any other person or entity for the use of such content.
15. The User may, through hypertext or other computer links, gain access to other websites. The User acknowledges that iNDEX Research is not responsible for the content or operation of such websites, and that iNDEX Research shall have no liability to the User or any other person or entity for the use of third party websites. The User is solely responsible for determining the extent to which it may use any content at any other websites to which it links from the Website.
16. Neither iNDEX Research nor any of its licensors makes any warranties or representations in respect of the absence of any third party rights related to the use of the Information.
17. The Information shall not be considered recommendation or advice to act in one way or another in connection with the making of investment, taxation or legal decisions.
18. The user acknowledges that iNDEX Research shall not be liable for any defect, mistake, error or inaccuracy in the Information (hereinafter referred to as “defect”) and that it is not undertaking to ensure that the Information will always be up to date. The user exempts iNDEX Research from liability for any defect or for any damage sustained by or caused to him as a result of the use of the website or the Information. Each user agrees to indemnify and hold harmless iNDEX Research 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 user with these Terms of Use; or (b) any third-party actions related to user’s receipt and use of the Information, whether authorized or unauthorized. Any cooperation by iNDEX Research in such defense is without waiver of any attorney-client, work product, or other legal privileges.
19. iNDEX Research shall not be liable in any way for the content of reports (disclosures) of listed corporations that are presented on the website. Full liability for these reports rests with the originating corporations.
20. The historical data published on the website are as computed by iNDEX Research and they are presented “as is”. iNDEX Research reserves the right to change the ways of computing or displaying the historical data at any time.
21. The links to other websites from the website are for convenience purposes only and iNDEX Research shall not be liable for the content of these other websites, their terms of use, and privacy policies. The user alone shall be liable for accessing these websites and for using the information appearing on them.
22. (a) The website contains, inter alia, unofficial translations from Hebrew of iNDEX Research indices methodologies; (b) Additional information is presented on the website that includes, inter alia, factsheets, general descriptions and explanations of subjects appearing in the indices methodologies. For the avoidance of doubt, the binding version is that appearing in the Hebrew version of the indices methodologies, as the case may be, which shall apply in the event of any contradiction.
23. iNDEX Research reserves its right to alter the website and the information at any time.
24. Subject to applicable laws, iNDEX Research reserves the right at any time to charge fees for access to portions of the Information or the Information as a whole. If at any time iNDEX Research requires a fee for portions of the Information or the Information as a whole, you will be required to register and create an account.
25. iNDEX Research (a) 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; (b) The competent courts in the District of Tel Aviv-Jaffa are vested with sole jurisdiction to hear any matter and dispute concerning these terms and conditions and the website’s use.
26. The use of this website is subjected to the iNDEX Research Privacy Policy.

 

Privacy Policy

This privacy policy (the “Privacy Policy“) describes how iNDEX Research and Development Indices Ltd. (hereafter – “iNDEX Research”) collects, processes, uses, and shares information in connection with your use of our Website (https://indx.co.il). Please read this Privacy Policy carefully. By accessing or using any part of the Website, you acknowledge that you have been informed of and consent to our practices with regard to your personal information and data (“Personal Information“).

1. WHAT INFORMATION WE COLLECT

You may use or register for one or more of our services. Personal Information collected includes name, company name, email address and telephone numbers (“Contact Information“).

When you sign in the Website, or you use the Website, you supply specific Personal Information that makes it possible for us to receive payments from you.

When you wish to gain access to certain restricted services, completed and signed agreements will be required. We will collect and store Personal Information which is included in these agreements (e.g. Contact Information, signatory title, company address, telephone, fax, email, signature, signatory title, employee names and email addresses).

2. PURPOSES AND LEGAL BASIS

iNDEX Research processes users’ Personal Information for the following legal bases:

Performance of an Agreement: The use of your Personal Information may be necessary to perform the agreement that you have with us.

Legitimate Business Interests: We use your Personal Information for our legitimate business interests, such as providing you with access to products and services, and for administrative, security, fraud prevention and legal purposes.

Comply with a legal obligation: The use of your Personal Information may be necessary to comply with legal obligations and requests (e.g. to comply with laws that compel us to disclose information to public authorities, courts, law enforcement or regulators, maintain records for a certain period, or maintain records demonstrating enforcement), and as part of our general business and legal operations (e.g., accounting, record keeping, and for other business administration purposes), and as necessary to establish, exercise and defend (actual and potential) legal claims.

Consent: We may rely on your consent to use your Personal Information. You may withdraw your consent at any time by contacting us.

3. HOW WE COLLECT YOUR INFORMATION

We use different methods to collect Personal Information from and about you, including:

Direct interactions: You may give us your Personal Information by filling in forms or by corresponding with us. This includes Personal Information you provide when you sign forms, use the Website or provide us with feedback or questions.

Through automated technologies or interactions: As you interact through our Webste, we may automatically collect technical and usage data that may be considered personal in nature.

Third parties or publicly available sources. We may receive information about you from various third parties and public sources, including from analytics providers, search information providers, third-party forums, administrative, technical, payment and delivery service providers, third-party websites and repositories, technological systems to help detect and address anomalous activity and to screen content to prevent abuse, and certain data aggregators for spam protection and other purposes.

4. HOW WE USE YOUR INFORMATION

We will only use your Personal Information as permitted by law. Most commonly, we will use your Personal Information where we need to perform a contract we have with you or where necessary to provide services you requested, where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests and where we need to comply with a legal or regulatory obligation.

We do not share, sell, rent, or trade Personal Information with third parties for their commercial purposes, except where you have specifically told us to.

We do not disclose Personal Information outside iNDEX Research, except in the situations listed in the section ‘Comply with a legal obligation’ or otherwise expressly described in this Privacy Policy.

5. THIRD-PARTY SITES AND SERVICES

We use various third-party services to allow us to improve user experience on our services and as part of our legitimate business interests.

6. COOKIES AND TRACKING TECHNOLOGIES

Cookies

iNDEX Research uses cookies to make interactions with our service easy and meaningful. We use cookies to keep you logged in, remember your preferences, and provide information for future development of our services. We also use cookies to identify a device, for security reasons. By using our services, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept cookies, you will not be able to log in or use iNDEX Research’s Website.

Tracking and analytics

We use analytics software to help us evaluate our users’ use of our Website; compile statistical reports on activity; and improve our content and performance.

7. DATA SECURITY  

iNDEX Research takes all measures reasonably necessary to protect users’ information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of user information.

We have put in place procedures to deal with any suspected data breach and we will act promptly to mitigate the impact of a breach, and we will notify any affected users without undue delay. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

8. DATA RETENTION AND DELETION

We will only retain your Personal Information where we have an ongoing legitimate business need to do so, including to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements.

When there is no longer an ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it. If this is not possible, we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

9. YOUR DATA PROTECTION RIGHTS  

Under certain circumstances, you have rights under data protection laws in relation to your Personal Information.

Request correction of any incomplete or inaccurate Personal Information that we hold about you. We may need to verify the accuracy of the new information you provide to us.

Request erasure of your Personal Information where there is no good reason for us continuing to process it. Note, however, that if there are specific legal reasons that prevent us from being able to comply with your request, we will provide those to you at the time of your request.

Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; or (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.

10. RESOLVING COMPLAINTS

If you have concerns about the way iNDEX Research is handling your Personal Information, please let us know immediately. We will respond promptly, within 45 days at the latest.

11. CHANGES TO THIS PRIVACY POLICY

Although most changes are likely to be minor, iNDEX Research may change its privacy policy from time to time, and at the sole discretion of iNDEX Research. We will provide notification of material changes to this Privacy Policy by sending email to the email address you specify in your account. iNDEX Research encourages visitors to frequently check this page for any minor changes to its Privacy Policy.

This version of the privacy policy was last updated on February 2024.