Terms of use

General

Visiting the website www.rhino-eco.com (“the Site”) and using any of the services offered on the Site and on the platform operated/ made available by Rhino Eco Inc. (“the Company” and “Company services”) is subject to these Regulations and the Privacy Policy found at www.rhino-eco.com, as updated by the Company from time to time. (The Rules of Usage and Privacy Policy are hereinafter jointly called “Terms of Use”.) This does not affect the provisions of agreements with anyone using the Company site (as defined below) (“User”). Changes in the Terms of Use shall be in force from their publication on the Company site. The Site and any platform that the Company operates/ makes available are for convenience referred to jointly as “the Company Site”). It is clarified that the Terms of Use apply to all views, attempts to use, and use of the Company site or parts thereof. It is also clarified that entering the Company site, registration for Company services, and use of the Company platform constitute consent on your part to the Terms of Use, without limitation or reservation. It is possible that various instructions will appear on the Company site with reference to specific types of services (“additional terms”). Unless otherwise stated, the additional terms are part of the Terms of Use and their instructions are in addition to the contents of the Terms of Use and do not detract from them. In the event of a discrepancy between these Terms of Use and any individual agreement with a Company customer, the terms of the individual agreement shall prevail. If you do not consent to the Terms of Use, you must refrain from using the Company site. These Terms of Use are expressed using the masculine form for convenience only, and they apply equally to all users, irrespective of sexual identity.

General Instructions for Using the site

The User declares that he is an adult, with legal competency and qualified pursuant to the law to perform any actions done by him through the Company site or by other means with reference to the Company, including the authority to sign any terms of use and agreements, as required. All rights, including intellectual property rights and moral rights to the Company site and the services and any part thereof, its content, design, applications, tools, computer code, and other components relating to any of these (“Company content”) are the property of the Company or of third parties who have authorized the Company to use them, and they are protected, inter alia, by the laws of the State of Israel (such as the Copyright Law, 5768-2007), international treaties and the laws of other countries. Users are not granted any right to the Company content. The Company hereby grants the User a limited usage license, which is not exclusive and is non-transferable and non-assignable, to make personal use only of the site, the services and the Company content, solely for the purposes described on the site and in the Terms of Use (including the terms of any external interface and the terms of the suppliers of payment services). The Company content must not be copied, reproduced, used for a derivative purpose, transferred to another, broadcast or published. It is forbidden to make changes, to display, to give a right, license or permission for any part of the Company content without the Company’s written, explicit and specific consent. No use may be made of the Company content that amounts to a breach of any provisions of the law and/or the rights of the Company or other third party in connection with Company content. Neither the Company site nor any part of the Company content may be displayed with a design or graphic interface that differs from those defined by the Company, without obtaining the Company’s prior written consent, and the site must not be displayed in a way that changes or detracts in any way from the content it contains.

Use of the Company Site

Every user declares, undertakes and agrees that: He has carefully read the Terms of Use, understood and agrees to them and that neither he not anyone acting for him shall have any complaint against the Company or its agents. The user undertakes to use the site and the Company services in good faith, pursuant to the Terms of Use and subject to any law. Any information supplied to the Company – is correct and accurate and if there is any change in such information, he will notify the Company of this. Your attention is drawn to the fact that submitting incorrect data could be damaging to the user, the Company and its business partners, and even constitute a criminal offense. Nothing in his use of the Company site and services amounts to a breach of any law or an infringement of the rights of any entity. He will not breach any of the Terms of Use, the agreements between him and the Company, the terms of any external supplier and the terms of the payment services supplier. He will not do anything that amounts to a betrayal of the Company’s trust, including submitting incorrect information to the Company when registering for its services. He will not do anything that could harm the Company, its business supporters, other users, or the proper operation of the site. During his use of the site services he will not be subject to any bankruptcy proceedings, receivership, liquidation or any similar proceedings. It is clarified that the data displayed on the site does not amount to a recommendation or a substitute for professional advice, including legal, financial, business, taxation and other such advice regarding the manner of using the services of the Company or its partners, and the contents of the site must not be relied on without consulting a professional in the relevant field before any decision or action that the user wishes to perform. The user undertakes not to make any commercial use of the Company site or the Company content or information he receives in connection with the services provided by the Company and/or any of its partners. No commercial use may be made of such information for profit or for any other purpose which is not related to obtaining the services from the Company, whether or not for payment. The user undertakes that he will not store the aforesaid information (including by means of various software). The user undertakes to keep the Company content confidential, not to reveal it to any third party and not to facilitate its discovery to any third party. Without detracting from the rights and remedies available to the Company pursuant to any law, the Company may block the user’s access to the Company site, its services, or any part thereof, at any time, including in cases where in its judgement, the user or anyone acting for him is acting contrary to the provisions of any of the Terms of Use and/or agreements between them and the Company.

Personal Zone

Some users will be given the option to use a part of the site where certain details about their contacts with the Company and the system are displayed (“personal zone”). Personal zone users will be assigned a username and the option to choose a password for access to the personal zone (“connection details”). All users undertake to maintain their connection details confidential and prevent abuse of their personal zone. For this purpose, all users undertake to chose a complex password (such as a combination of letters, numbers and symbols) and to replace it regularly (and in any case, every six months). In order to monitor system activity users will be able to connect to the monitoring component of the system manufacturer which enables them to obtain data about the system and its activity that will be accessible on the Company site (“external interface”). The external interface is separate from the Company site and subject to the terms of use of the relevant manufacturer. This does not detract from the Company’s right to obtain certain data from the manufacturer and/or the system (including through the external interface). Users should consult the terms of use of the relevant manufacturer (“external interface terms”) before using their external interface. All users declare and undertake that (a) their declarations and undertakings (but not the Company’s declarations and undertakings) will also apply to their use of the external interface; (b) they will not breach the external interface terms and will not use the external interface in a manner that could cause the Company to breach the external interface terms.

Payments

For the purpose of receiving payments on the site, the Company uses third party services (“the payment services provider”). All users declare and accept that (a) their declarations and undertakings (but not the Company’s declarations and undertakings) will also apply to their use of the external interface; (b) they will not breach the payment services provider’s terms and will not use the payment service in a manner that could cause the Company to breach the payment services provider’s terms.

Risks and Limit of Liability

The information and services offered on the site to users are provided As Is, and users agree and confirm that neither the Company nor any of its agents shall be liable for any damage that may be incurred by the user as a result of using the Company site. The Company shall not be liable for any damage, loss or expense that may be incurred by you, directly or indirectly, as a result of any event beyond the Company’s control. It is hereby clarified that the Company’s systems are based on software, hardware and communications networks that are by their nature exposed to data security risks. The Company makes a significant effort to protect against such risks but is unable to absolutely prevent the possibility of damage to the Company or its users and shall not have any liability for any damage to users resulting from such risks. The Company bears no liability towards users or third parties for any disruption or error on the Company site and/or the information displayed thereon, whether displayed by the Company or based on third party data. The Company shall not be liable for any direct, indirect, consequential or incidental damage arising from access to the Company site (or the inability to access the Company site) and the use thereof. Neither the Company nor any of its agents are or shall be a party to installation agreements for a photovoltaic system or the purchase of complementary services for the maintenance of existing systems or any other agreement with a third party that is not the Company and relating to the photovoltaic system. The Company shall bear no liability for any damage caused to users as a result of entering into such agreements nor their breach by any of the parties. Neither the Company nor any of its agents shall be a party to agreements with the supplier of electricity to which the photovoltaic system or the user’s home is connected, and the Company shall have no liability for any damage to users as a result of entering into such agreements nor their breach by any of the parties. The users declare that they know that the undertakings of the electricity supplier are beyond the Company’s control and the Company shall bear no liability for any change or cancellation of any arrangement.

Cancellation of Payments/ Transactions

Wherever there is a written contract between you and the Company, including a purchase agreement, the cancellation provisions defined in the specific contract shall apply. In any other case, the provisions of the law shall apply regarding cancellation of the transaction and/or the relevant payment. The user may contact the Company and request to cancel a payment within 14 days of making such payment and the Company shall consider the reasons for cancellation. If the request complies with the provisions of the law and agreements with the user, the Company shall make the required change according to the policy in force at that time with the credit company and/or the payment service provider. If the credit company or the payment services provider shall charge the Company a fee for this action, the user will be charged the aforesaid fee, without affecting any other of the Company’s rights.

Third Parties and Electronic Links

The site may provide access to third party content, services and/or products (“external elements” and “external content”). For example, the site may include links to various pages, applications and sites on the internet that are not operated by the Company or any of its agents. The Company does not control the foregoing and the fact that the Company provides links to this content is not evidence of its consent with or a recommendation regarding such external content or external elements. The link is not a guarantee of the credibility, validity or legality of such external content or external elements. External content (including the internet pages linked thereto) and use thereof is generally subject to the terms of use and privacy policy of the external elements, which should be read before using such external content. The Company shall not be liable for any external content or external elements, and shall not bear liability for any damage incurred in connection with such external content and/or elements. Examples of external elements are payment service providers on the site and manufacturers of monitoring components, and their services are deemed external content. The contents of this clause do not affect the user’s obligations pursuant to clauses 4(i) and 2(j).

Jurisdiction and Choice of Law

These Terms of Use are governed by US law (disregarding any rules therein over choice of law). Sole jurisdiction on any dispute over the contents rests with the competent courts in Delaware.

Miscellaneous

The Company may at any time cease operating the Company site or any part thereof, whether for a specific period or permanently, without prior notice and without obtaining the user’s consent. The Company may assign its rights pursuant to these Terms of Use to any third party as it deems fit, without no obligation on the Company’s part to publish such assignment or obtain consent. Users may not transfer, assign or mortgage their rights pursuant to these Terms of Use or any other agreement with the Company to any third party, except after obtaining the Company’s prior written consent. If it should be determined that any part of these Terms of Use is invalid or unenforceable, then the relevant invalid or unenforceable clause/s shall be deemed to be replaced with valid and enforceable clauses, whose contents are as close as possible to the intent of the original clauses, and the remaining clauses of these Terms of Use shall remain in force. Any questions regarding the site should be addressed to the Company’s customer services by email to hello@rhino-eco.com, giving your full details and the details of any arrangements with you (full name, address, telephone, email address).