Terms Of Use

TERMS OF USE – QUANTUM CHINA-ISRAEL INNOVATIONS LTD. (QCII)

Quantum China-Israel Innovations Ltd. (including its worldwide affiliates and subsidiaries) (“QCII”, “we”, “our”) welcomes you (the “User/s”, “you” or “your”) to our website at www.QuantumCII.com (the “Site”) and are happy to grant you access and use rights to the Site in accordance with the terms of use hereunder (the “Terms”).

We are a private limited company, incorporated in Israel. Our private company number is 515783053, and our registered office is at 98 Yigal Alon, Tel Aviv, Israel. QCII has developed and offers a unique entrepreneurial model of forming Israeli-Chinese joint ventures dedicated to solving specific unmet needs in the Chinese market, while leveraging Chinese and Israeli companies’ complementary strengths.

  1. YOUR ACCEPTANCE

By entering to, accessing or using this Site (“Use”), including without limitation contributing to or viewing the QCII Content (as defined below), you acknowledge that you have read and understood these Terms and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you further acknowledge that these Terms constitute a binding and enforceable legal contract between QCII and you. These Terms may be updated by us from time to time as further detailed herein. These Terms apply to all users of the Site, whether individuals or individuals using the Site on behalf of their employer or any other entity.

If You do not agree to these Terms or the Privacy Policy, then please do not enter to, access or otherwise use the Site or any information contained herein.

  1. PRIVACY POLICY

QCII respects your privacy and is committed to protecting the information and data you share with us (“User Data”). QCII believes that you have a right to know our practices regarding the Data that QCII collects when you Use the Site. Our policy and practices and the type of information and data collected are described in our Privacy Policy which may be found at Privacy Policy. If you intend to Use the Site you must first read and agree to the Privacy policy. QCII is obligated to process Data strictly in accordance with its Privacy Policy and these Terms.

  1. BUSINESS PLANS ; NO SOLICITATION OF INVESTMENT ADVICE

The purpose of this Site is limited to providing you with general information on our services and philosophy. We welcome unsolicited business plans. However, we do not render or offer to render investment advice through this Site. We reserve the right to turn down investment opportunities in our sole discretion. We receive many similar plans and ideas, and your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.

PLEASE NOTE: QCII IS NOT A LICENSED FINANCIAL, INVESTMENT, BROKER, DEALER OR TAX ADVISOR, NOR DOES IT REPRESENT ITSELF AS SUCH. THE SITE SERVICE DOES NOT PROVIDE LEGAL, TAX OR FINANCIAL ADVICE AND SHOULD NOT BE USED AS YOUR SOURCE FOR MAKING ANY SUCH DECISIONS. WE STRONGLY RECOMMEND MAKING ALL YOUR FINANCIAL DECISIONS ON THE BASIS OF PROFESSIONAL AND AUTHORIZED ADVICE.

Nothing on this Site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. There is no implication that any information contained on this Site is accurate or that there has been no change in such information since the date first posted. Certain parts on this Site may contain information created and published by institutions or organizations independent of us. We do not endorse, approve, certify, or control these materials. In addition, we do not guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness or correct sequencing of information in any material on our website. Use of such information is voluntary, and reliance on it should be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Finally, reference in this Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by us.

  1. USER DATA

When you provide any User Data (whether Personal Information or Non-personal Information, as such terms are defined in the Privacy Policy) to QCII, you represent and warrant that you have full authority to provide us with such User Data. QCII shall not receive any ownership rights in and to the QCII Data, however, by providing your User Data to QCII, you hereby grant QCII a worldwide, non-exclusive, royalty-free, sub-licensable, commercial and transferable license to use and modify a copy of the User Data and a right for QCII to share the User Data with third parties (subject to QCII’s obligations under these Terms and Privacy Policy).

Neither we, nor our service providers, can always foresee or anticipate technical or other difficulties, which may result in failure to obtain data from your such service providers or loss of data, personalization settings or other service interruptions. We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User Data, communications or personalization settings.

QCII allows you to upload, post, publish and make available copyright able materials such as literary works, text, images, photos, videos, strips and any other proprietary materials (the “User Content”). Such User Content shall remain at all times, and to the extent permitted by law, the respective property of its third party owner. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such material, on the Site, in any way. You represent and warrant that you are the rightful owner of the User Content you upload, or, that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content, which are required to use and to enable QCII to use the User Content you upload and that such User Content does not infringe any third party’s copyright or other rights.

You agree that you will not post or upload any User Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, which is against any internal policies or regulations of the organization for which you may work, or which it would be unlawful for QCII to use or possess in connection with the Site. QCII explicitly reserves the right to remove the User Content without giving any prior notice, at its sole discretion. When you upload, post, publish or make available any User Content or use such User Content, you grant QCII an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available and perform that User Content, along with your name, details, trade-marks, service-marks and logos, only in connection with the Site, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.

Without derogating from the generality of the foregoing, any information or materials that you consider trade secrets, confidential or proprietary should not be submitted to us. Absent an express written agreement to the contrary, any information or materials that you provide to us will not be considered confidential or proprietary and will not be returned or safeguarded.

  1. REPRESENTATIONS AND RESTRICTIONS

Your use of the Site (or any part thereof) is dependent on the fact that you hereby represent and warrant that (i) you possess the knowledge and judgment necessary to decide whether to use the Site or otherwise rely on any information available therein; (ii) you acknowledge that you may not solely rely on any content or any features you find on or through the Site; (iii) you acknowledge that there are risks in Using the Site, and that QCII cannot and does not guarantee any specific outcomes from such Use, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such Use; (iv) you possess all necessary ownership rights, either through yourself or through receipt of necessary consent or permission, to use the Site; (v) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder; (vi) if you Use the Site on behalf of any third party you represent and warrant that you are duly authorized under any applicable law to represent such third party in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; (vii) you possess any and all consents required under any applicable laws, regarding the posting of any personal information of others to the Site, and shall adhere to any applicable laws regarding such information; (viii) the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and (ix) you acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Site.

In addition, there are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at QCII’s sole discretion) in the termination of your Use of the Site and may also expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf:(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the contents of and at this Site, including without limitation any Java applets associated with the Site, in any way or publicly display, perform, or distribute them (“QCII Content”); (ii) make any use of the QCII Content on any other website or networked computer environment for any purpose, or replicate or copy the QCII Content without QCII’s prior written consent; (iii) create a browser or border environment around QCII Content (no frames or inline linking); (iv) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express written consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of this Site, or the servers or networks that host the Site or make the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the QCII Content or the Site; (ix) frame or mirror any part of the Site without QCII’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the QCII Content from the Site; (xi) forward any data generated from the Site without the prior written consent of QCII; or (xii) transfer or assign your accounts data and password, even temporarily, to a third party; (xiii) use the Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site for non-personal or commercial purposes without QCII’s express prior written consent; or (xv) infringe or violate any of the Terms.

We care for your safety and well-being. If you believe a user or a third party acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior or content, please report immediately such person to the appropriate authorities and to us.

  1. THIRD-PARTY SITES AND COMPONENTS.

As a convenience to you, we may provide links from this Site to websites operated by other entities, including websites of our portfolio companies and websites that publish blogs written by QCII’s personnel (“Third Party Sites”). We make no warranty or representation regarding any material or information in such Third Party Sites or any of the products or services described or offered for sale thereon, nor do we endorse or accept any responsibility for the information, material, products or services offered on such Third Party Sites. QCII shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with your use of or reliance on Third Party Sites. The content published in blogs written by our personnel does not necessarily represent our positions, strategies or opinions, regardless of whether or not we provide links to these blogs on our Site. Links do not imply that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of QCII or any of our affiliates.

Most Third Party Sites provide legal documents, including online terms of use and privacy policy, governing the use of each such Third Party Sites, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Sites.

The Site may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and QCII disclaims all liability related thereto. You acknowledge that QCII is not the author, owner or licensor of any Third Party Components, and that QCII makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

  1. MINORS

To Use the Site, you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site, we will prohibit and block such User from using the Site and will make all efforts to promptly delete any data with regard to such User.

  1. AVAILABILITY; BACKUP

The Site’s availability and functionality depend on various factors, such as communication networks. QCII does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free. QCII reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. QCII also reserves the right to designate any feature, service or any other part of the Site as premium and subject to a separate cost. In addition, you hereby acknowledge that any content provided under the Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that QCII shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or any content included therein.
Without derogating from Section F of the Privacy Policy (Data Retention), in view of the fact that the User Content and other data and information stored by or for you under the Site may contain important information which you may be required to store under applicable law, and in view of the nature of the web, the vulnerabilities of online storage, human error or intentional conduct, and/or compliance with applicable regulation, as it may change from time to time, you are advised to keep copies of all User Content and other data and information stored by or for you under the Site as a best practice for data backup and protection, so that you may recover from any cease or interruption of Site, partial or full deletion, etc.

  1. INTELELCTUAL PROPERTY.

We own (or the licensee of) all rights, title and interest in and to this Site, all the QCII Content (including, without limitation, all text, audio, photographs, images, renderings, RSS feeds, podcasts, reports, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials thereon, the look and feel, design and organization of the Site, and the compilation thereof, under copyright and other applicable intellectual property rights laws, whether local, foreign or international conventions. Your use of the Site does not grant you ownership or title of, in, or to any QCII Content or any other part of the Site.

Subject to these Terms, you may Use and display the Site and QCII Content on your computer or other Internet-capable device for your own, non-commercial purposes, provided that you comply fully with these Terms.

Unless expressly permitted in these Terms, you may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, modify, sublicense to, commercial use, sell, rent, lend, process, connect, perform “reverse-engineer”, combine with other software, translate, modify, or create derivative works of any material that is subject to QCII’s proprietary rights, including the Site and QCII Content, either by yourself or by someone acting on your behalf, in any way or by an means.

We hold exclusive trademark rights to QCII. The trademarks associated with other companies that are published on our Site, including those of our portfolio and anti-portfolio, are owned by their respective owners. Trademarks, logos, service marks and trade names that are displayed on the Site may not be used unless authorized expressly on the Site, in these Terms, or by the applicable trademark owner.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of QCII and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of QCII marks and logos, whether registered or not.

QCII respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to QCII’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit us to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that QCII can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. QCII’s Copyright Agent can be reached at: contact@quantumcii.com.

In the event that QCII receives notice regarding a copyright infringement, it may cancel a user account, take any webpage down and/or remove any content in its sole discretion, with or without prior notice. In such case, a party that sees itself damaged by QCII’s actions, may file a proper counter-notice in which you must include: (1) full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) consent to an appropriate judicial body; and (5) any other information required under the relevant applicable law. QCII reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

  1. DISCLAIMER

You expressly agree that your use of the Site and QCII Content is at your sole risk. In addition, although the information provided to you on this Site is obtained or compiled from sources we believe to be reliable, neither we nor any of our directors, officers, employees, agents, or content or service providers make any warranty as to (i) the results that may be obtained from your use of the Site or QCII Content, (ii) the accuracy, currency or completeness of the information on our Site, or (iii) the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, our Site. The information, products and services on this Site are provided on an “AS IS” and “AS AVAILABLE” basis. We hereby disclaim any and all representations, warranties, and conditions, whether express or implied, including, but not limited to, those of non-infringement, merchantability, and fitness for a particular purpose.

QCII assumes no responsibility for any loss, injury and/or damages incurred as a result or in connection with the use of the Site, or any decision made or action taken or not taken in reliance on the Site, QCII Content and any and all information which is derived from the Use thereof.

  1. LIMITATION OF LIABILITY.

In no event, including, but not limited to, negligence, shall we, our affiliates and subsidiaries or any of our and their directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site, QCII Content or User Content, lost data, lost business or lost sales, even if such Protected Entity has been specifically advised of the possibility of such damages. In addition, in no event shall Protected Entities’ aggregate liability shall exceed US$100. We will further not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control or any other ‘force majeure’ circumstantiates under applicable law. Subject to the foregoing, in no event shall Protected Entities’ aggregate liability exceed US$100.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Protected Entities from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to legal fees) arising from: (i) your use of the Site; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site (including your violation of any third party rights); and (iv) any claims for financial or other kind of damages arising out of any decision made or action taken or not taken in reliance on the use of the Site (including but not limited to the use of the QCII Content or User Content).
You agree that QCII’s, affiliates, subsidiaries, licensors and service providers are a third party beneficiary of the above provisions, with all rights to enforce such provisions as if they were a party to these Terms.

  1. CHANGES TO THE TERMS AND TERMINATION OF USE

QCII may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. At any time, QCII may block your access to the Site temporarily or permanently limit, suspend or terminate your account, in addition to any other remedies that may be available to QCII under any applicable law, if QCII deems that you have breached any of these Terms in any manner.

Additionally, QCII may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that QCII does not assume any responsibility with respect to, or in connection with the termination of the Site and loss of any data. The provisions of the Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.

  1. GENERAL

These Terms, the Privacy Policy and the relationship between You and QCII shall be governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and QCII agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by QCII on the Site, shall constitute the entire agreement between You and QCII concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without QCII’s prior express written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. INFORMATION, QUESTIONS OR NOTIFICATION OF ERRORS

If you have any questions (or comments) concerning the Terms, you are welcome to send QCII an email or otherwise contact QCII to the following address and QCII will make an effort to reply within a reasonable timeframe: contact@quantumcii.com

Last Revised: 01/11/2018