Framework Agreement Terms of use of the information system

1. General
   1. 1.1. Okoora Financial Services Israel, Ltd., Reg. No. 513906958 (hereiafter: “Okoora Israel”) enables access to the website and use of the information system, as defined below ("the System" or "the Information System"), subject to the conditions set forth below. The Information System is supplied to end clients in Israel by Okoora Israel, in accordance with a Technology Distribution License provided by the global Okoora Group. The additional services are provided in conformity with companies that have a local license, while in Israel the services are provided by Horizon Trading Rooms Ltd., Reg. No. 513906958 and Global Financial Horizons Ltd., Reg. No. 513813394 in accordance with the relevant license held by each of them (the "Operating Companies"). The client must enter into a separate agreement with each of the Operating Companies, and the terms of this Framework Agreement shall apply to these agreements as well.
   2. 1.2.The use of masculine pronouns in this document is for convenience only, and what is said in it applies equally to all its users.
   3. 1.3.The information system is provided to the client under a personal, limited, and non-exclusive License to Use, intended for the client's needs only and subject to the provisions of this Framework Agreement and any authorizations to use that will be granted to the client on the Information System. The client may not transfer and/or assign its rights and/or obligations under this Framework Agreement this Framework Agreement to a third party unless it has obtained Okoora Israel's consent in advance and in writing.
   4. 1.4.You must read these terms carefully before registering and using the system. By checking the box as part of the registration process you confirm that you have read these terms and understood them and that you undertake to comply with them. It is impossible to use the System without checking the box and approving the Terms of Use as aforementioned. If you do not consent to the Terms, in whole or in part, you may not use the System for any purpose.
2. Using the System
   1. 2.1.The license to use the system is granted to you via Okoora Israel within the framework of this Framework Agreement (the "License"), and is a license to access and use the Information System, content, and services, through the website of Okoora Israel, depending on the usage route the client has chosen for managing foreign currency accounts and financial assets.
   2. 2.2.The client represents that it is not subject to any restriction, including personal, legal and/or contractual, to use the Information System and/or the services of the Operating Companies. To the extent that the client is an individual, the client represents that he/she is over the age of 18. The client undertakes to provide reliable information about their identity and hereby represents that he/she is not impersonating anyone else and is not an agent of any other entity other than the one he/she identified themselves as working for. If the client is a corporation, the person confirming the Framework Agreement on behalf of the corporation represents that they are an authorized signatory on behalf of the corporation and is authorized to bind the corporation to this Framework Agreement.
   3. 2.3.The client undertakes to protect the client's name and login password and is aware that it is strictly forbidden to disclose them to any third parties. The client undertakes that if an illegal and/or improper action is discovered and/or there is a suspicion that such an action has been taken in the information system, it will immediately notify the Company and verify receipt of the notice by the Company.
   4. 2.4.The client is responsible for ensuring that it has and will have at its disposal, at all times, appropriate computer hardware / backup measures / appropriate operating system and any relevant software for the proper use of the Information System.
   5. 2.5.Okoora Israel and the Operating Companies may, at their sole discretion, allow additional clients to receive the services and/or use the Information System. Without derogating from the aforesaid, Okoora Israel may, in its sole discretion, refuse to accept an individual and/or a corporation as users of the Information System, without being required to give reasons for such a decision.
   6. 2.6.Okoora Israel and the Operating Companies, may, under their sole discretion, immediately block and suspend any activity of a user of the Information System, and even completely stop the client's use of the Information System, at any time, including and especially in cases where there is a suspicion that the client is making a prohibited / illegal use of the Information System and / or the client violates the terms of use of the information system, all without prejudice to any right available to the Company in compliance with the provisions of any law.
   7. 2.7.It is clarified that the Information System is not a trading platform. The system presents information only and the system provider does not hold the client's funds and / or assets and is not a counterparty to the client's transactions.
   8. 2.8.Okoora Israel, may, under its sole discretion, allow or refuse to create multiple accounts for the same client in the Information System. In the event that multiple accounts are opened for the same client on the information system, Okoora Israel reserves the right to close any other account or consolidate the accounts and notify the client.
3. System Usage Fees
   The fees for using the System are listed on the Okoora Israel website. Furthermore, Okoora Israel shall be entitled, by an advance notice to the client and in its sole discretion, to update the usage fees, both current and/or one-time fees. Okoora Israel may collect the usage fees and/or receive other consideration from the Operating Companies, which provide the client with services in a financial asset and/or investment marketing services.
The Agreement Term & Termination
4. This Agreement shall be in force as of the date on which Okoora Israel approves the Client as a client of Okoora Israel and shall continue until it is revoked by either party by notice to the other party.
5. Okoora Israel and/or the Operating Companies may, at any time and at their sole discretion, cancel and/or amend and/or update and/or change the terms of the Framework Agreement or terms of other Agreements, by notice to the Client. The Client agrees that the continued use of the Information System after a change has been made in these terms constitutes the Client's consent to the amended terms. If the Client does not consent to the terms, the only remedy that shall be available to Client is to stop using the Information System and the client hereby waives any claim and/or complaint against Okoora Israel and/or the Operating Companies and/or anyone acting on their behalf
6. Each party to the Agreement shall be entitled to terminate the engagement between the parties at any time by written notice, which shall be delivered to the other party ("Notice of Termination"), provided that such Notice of Termination is given by Okoora Israel is delivered to the Client 14 days before the Agreement ends
7. To the extent that at the time of giving Notice of Termination, the Client has a debit balance with Okura Israel and/or the Operating Companies, the Client shall have to pay Okoora Israel and/or the Operating Companies by the end of the contract between the parties any amounts owed to Okoora Israel and/or the Operating Companies, including but not limited to, linkage differences, interest, fees, retention fees, cancellation fees, registered mail fees, and any other expenses.
8. The terms of this document shall continue to apply to actions and/or transactions that are pending on the date of termination of the contract between the parties until their expiration date, so that the Notice of Termination shall not affect the rights and obligations of Okoora Israel and the Operating Companies under the terms of this Agreement in respect to the said actions and/or transactions, including the ability and right of Okoora Israel and/or the Operating Company to collect funds due to it from the client in respect of those actions and/or transactions.
9. The Operating Company shall return to the Client the collateral that has not been realized, if any, within 30 days of the date of termination of the contract between the parties.
10. Notwithstanding the foregoing, Okoora Israel and/or any of the Operating Companies, may, in its sole discretion, cause the immediate termination of the contract between the parties when one or more of the cases listed below occurs ("Terminating Event"):
    1. 10.1. If the client has not paid Okoora Israel and/or the Operating Companies any amount due to it for the operations and transactions and/or does not provide Okoora Israel and/or the Operating Companies with any asset due to them in respect of any operations or transactions and/or does not fulfill any other obligation to Okoora Israel and/or the Operating Companies in respect of the operations and transactions.
    2. 10.2. If the Client has violated or does not comply with any of the terms of this Framework Agreement or any other obligation of the client, including and in particular in connection with the collateral
    3. 10.3. If the Client decides to voluntarily liquidate or if a bankruptcy petition is filed against the Client, a liquidation order is issued to the Client, a receiver, liquidator/trustee, or special manager (temporary or permanent) is appointed for the Client and/or a receivership order is issued on the Client's property, in whole or in part.
    4. 10.4. If a foreclosure is imposed and/or a similar enforcement action is taken with respect to the Client's property, in whole or in part.
    5. 10.5. In the event that the Client is a corporation - if there is a change in the Client's control structure compared to the situation as of the date of signing this Agreement or in the event that the Client's name is deleted or is about to be deleted from any Registry that is maintained by law
    6. 10.6. If the client stop repaying their debts or running his business, in whole or in part.
    7. 10.7. If the client's activity or a significant part thereof is stopped for a period of two months or longer.
    8. 10.8. If Okoora Israel deems, in its sole discretion, that an event has occurred that could materially impair the Client's monetary/financial capacity, whether or not such an event and/or the circumstances of its formation depend on the client and/or are under the Client's control.
    9. 10.9. If the client convenes a creditors' meeting to reach an arrangement and/or compromise with them.
    10. 10.10. In the event of Client's death (God forbid), disqualification, bankruptcy, imprisonment, or departure from the country.
    11. 10.11. If the client is required to repay an early repayment of any debts he owes to other creditors.
    12. 10.12. In the event that Okoora Israel and/or the Operating Companies determine that as a result of any change in the provisions of the law and/or for any other reason, the performance of the operations and/or the continued conduct of the operations and/or transactions become illegal, impossible for impractical for Okoora Israel and/or the Operating Companies.
11. The client represents that as of the date of signing this document, no Terminating Event has occurred to any client, and undertakes to notify Okoora Israel immediately of the occurrence of such event. For the avoidance of doubt, it is clarified that the above does not detract from the Client's obligations to pay Okoora Israel and/or the Operating Companies any debit balance where the client has an outstanding balance owed to Okoora Israel and/or the Operating Companies, and the Client undertakes to immediately transfer the remaining balance to Okoora Israel and/or the Operating Companies, and in any case no later than two business days of the first demand made by Okoora Israel, including in the name of the Operating Companies.
12. A client Termination Event shall not oblige Okoora Israel and/or the Operating Companies to terminate this agreement immediately and/or take the steps specified therein, in whole or in part, and/or to exhaust its rights towards the client, and Okoora Israel shall be entitled to not terminate this document Immediately and/or do not take the steps listed above and/or act in any other way.
13. In any event of termination of the contract between the parties, Okoora Israel and/or the Operating Companies shall not be obligated to keep the information in the client's account for the period after the termination of the agreement, except in accordance with the provisions of the law
Limitation of Liability
14. sources of information, and are presented in the Information System "as-is". The information may change from time to time and therefore the Client must take into account that the information may be inaccurate and/or out of date and that after the publication of the information in the system there may be changes, which will not be immediately reflected in the Information System.
15. The client releases Okoora Israel and/or the Operating Companies and/or anyone on their behalf as well as the information providers of Okoora Israel and/or the Operating Companies from any liability for any damage, loss, loss of profit, expenses and payments that may be caused to the Client, whether directly or indirectly, as a result of any action or inaction, including the purchase of hedging and protection products by the Client, based on the Information System
16. The client releases Okoora Israel and/or the Operating Companies and/or anyone on their behalf as well as the information providers of Okoora Israel and/or the Operating Companies from any liability for any damage, loss, loss of profit, expenses and payments that may be caused to the Client, whether directly or indirectly, of the Company's reasonable use of various means of communication such as: mail, telephone, e-mail, fax, or any other method of communication, including due to receipt of instructions presumed to be received from the Client.
17. Okoora Israel and/or the Operating Companies shall not be responsible for the execution, delay in execution or non-execution of its obligations under the provisions of the Agreement, in whole or in part, if they are the result of force majeure, i.e. an event or factor which, at the time of the conclusion of this Agreement, Okoora Israel did not know or foresee in advance, and/or an act of terrorism, plague, strike, shut-down, war, closure, severe weather conditions, malfunctions in the Internet system, malfunctions in third party systems, etc.
18. The Client confirms that there is no computer system completely free from glitches, bugs, need for updates, etc., and that the Company shall not be responsible for the occurrence of these events and their impact on the services. Without derogating from the above, the Client understands and agrees that no company can completely prevent hacks, intrusions and other cyber incidents and that Okoora Israel, including the Operating Companies, takes acceptable security measures but shall not be responsible for the results of such incidents.
19. Updating and/or protecting the information system may result in interruptions, restarts, etc. required by Okoora Israel servers whether or not they are under the control of Okoora Israel, to ensure the efficient functioning of the Information System. These actions may make the Information System inaccessible to the client for a certain period of time. The client confirms that Okoora Israel does not bear any responsibility for any damage and/or expense incurred by the Client in connection with the aforesaid.
20. The Information System is provided to Okoora Israel by a third party and is subject to the terms of use of that third party. In addition, the information system services are established and operate through computer systems, communication networks and the Internet, and therefore the use of the information system may be stopped and / or interrupted, etc. without any prior notice due to an independent cause at Okoora Israel. Accordingly, Okoora Israel, including its Operating Companies, shall be liable only for damages caused as a result of negligence or gross negligence by Okoora Israel and/or the Operating Companies.
21. Okoora Israel is not responsible for any action and/or damage of any kind that may be caused to the client and/or anyone on his behalf as a result of using the Information System and/or malfunctions in the Information System and/or violation of the terms of use and/or the instructions of Okora Israel and its Operating Companies, if and to the extent that these are provided, they should be completed by the client.
22. The Client undertakes to indemnify and compensate Okoora Israel and/or the Operating Companies and/or those on their behalf and/or a third party related to Okoora Israel and/or the Operating Companies for any damage and/or expense caused to any of them in connection to with and/or resulting from the violation of the terms of use of the Information System by the client and/or anyone on their behalf.
23. The Client undertakes to indemnify and compensate Okoora Israel and/or the Operating Companies and/or those on their behalf and/or a third party related to Okoora Israel and/or the Operating Companies for any damage and/or expense caused to any of them in connection to with and/or resulting from the violation of the terms of use of the Information System by the client and/or anyone on their behalf.
24. It is the Client's sole responsibility to verify and check the reliability and correctness of the information and data entered by him and/or received through the Information System, including the exposure data, risk management policy definitions, etc., and if necessary, even update them, all before making decisions regarding the actions required.
25. THE USE AND INFORMATION PRESENTED IN THE INFORMATION SYSTEM DO NOT CONSTITUTE AN OFFER, SOLICITATION, AND/OR ADVICE FOR THE EXECUTION OF TRANSACTIONS IN FINANCIAL ASSETS. FOR THE AVOIDANCE OF DOUBT, IT IS CLARIFIED THAT THE INVESTMENT MARKETING SERVICES ARE PROVIDED BY A DIFFERENT COMPANY, WITH A SUITABLE LICENSE.
Intellectual Property
26. All proprietary rights (including intellectual property rights) in the Information System, its contents, and all the information available through the Information System or services of Okoora Israel and/or the Operating Companies, including but not limited to all copyrights and trademarks in them are the exclusive property of Okoora Israel and/or the Operating Companies, its business partners and/or its information providers. The client undertakes not to infringe the rights of Okoora Israel and/or the Operating Companies in any way or manner
27. Apart from the License to Use that is limited in accordance with the said terms of use, the client's use of the information system does not confer on the Client any intellectual property and/or licensing rights in the Information System. It is clarified and agreed by the client that the license in the Information System allows only fair and reasonable use, which does not violate legal provisions, and is done for the purpose of using the system only and not for any other purpose, and all in accordance with this Framework Agreement.
28. The Client undertakes not to infringe on the intellectual property of any other person, including a prohibition to transfer, distribute, share, copy, photograph, record, translate, sell, rent and/or change the Information System in any way and it is prohibited to re-engineer, disassemble And/or make any other attempt to obtain the source code of the Information System and/or make any commercial, personal or other use of the information system except in accordance with the license of use and within the framework of the services for which the system is intended. The client alone shall be responsible for any such damage. The Client also undertakes not to make such use which constitutes deception, fraud, a criminal offense, or a commercial tort.
29. The trademarks appearing in the system are owned by Okoora Israel and/or the Operating Companies and/or those acting on their behalf, and may not be copied or used without the prior written consent of Okoora Israel and/or the Operating Companies. No use may be made of the name “Okoora" and/or "Ofakim" and/or the trademarks appearing on the system and/or on the website.
30. The Client agrees to the use of their trade name/logo in Okoora Israel publications.
Confidentiality, Protection of Privacy , and Information Security
31. The Client undertakes to keep confidential all financial, commercial, and/or business information of Okoora Israel and/or the Operating Companies to which he/she had become aware and not to use it and/or disclose it to any third party without the prior written consent of Okoora Israel and/or the Operating Companies.
32. The use of the Information System, including the services, is personal and no third party shouold be allowed to use a username or password. The client agrees that he/she is fully responsible for any use made of the accounts in the System using their password, subject to the provisions of the law.
33. As part of the services provided, the Client may enter into and/or collect from the information system financial and/or sensitive data about their activity, including their business and/or economic activity (hereinafter: "the Confidential Information"). Okoora Israel and/or the Operating Companies undertake to keep the confidential information confidential, to use it for the purpose for which it was provided under this agreement and not to disclose it to any third party, and to take reasonable commercial means to keep the confidential information under the level of information security required by any law and make use of it for the purpose for which it was provided, subject to the provisions of any law.
34. Okoora Israel, including through the Operating Companies, makes every effort to protect the Information System and Client data from hacking and/or intrusion using conventional information security measures, but there is no system that is completely secure and despite all the various security measures, there may be failures in information security. Accordingly, the client confirms and agrees that they are aware that Okoora Israel and/or the Operating Companies cannot completely prevent security intrusions to the Information System and the information stored in it from hacking and/or intrusion by various parties (which may disrupt the activity of the Information System and/or be exposed to the confidential information) and Okoora Israel and/or the Operating Companies do not undertake to do so and shall not be held liable for this, including in the event of disclosure of information or unlawful intrusion into the Information System and/or leakage of confidential information.
35. Okoora Israel including, but not limited to, its Operating Companies, may, under its sole discretion, make the following changes at any time without prior notice: (1) close the Information System; (2) change the manner in which the Information System is used; and/or (3) stop the provision of the services, in whole or in part, through the Information System temporarily or permanently, all in connection with a specific account or in general.
36. The Client hereby gives his/her consent to allow Okoora, including but not limited to, its Operating Companies, to perform computerized monitoring of his/her use of the Services (including through "cookies" and similar means) and use any such information, for control and/or supervision and/or Development and/or maintenance of the quality of the services, their level and soundness and/or for the purpose of complying with the provisions of any law. Without derogating from the above, the Company may: a. Provide the client's details to a third party for the purpose of collecting funds due (if any) to Okoora Israel and/or the Operating Companies for the provision of services; b. Provide the user's details to or to another person or persons in accordance with the authority of the law; c. Use the Client's details and other information held by Okoora Israel and/or the Operating Companies in connection with the Client for the purpose of fulfilling the needs of Okoora Israel and/or the Operating Companies. The Client hereby grants Okoora Israel, including its Operating Companies, his/her consent to use the user's details to receive updates and/or material and/or advertising and/or marketing information via their email address and/or other contact information they provided to the Company unless they revoked their consent by notifying Okoora Israel, which will apply to new publications, the delivery of which has not yet been completed.
37. As part of providing our services to you, information we receive from you and processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. Further details can be provided upon request.
Advertisements & Links
38. To the extent that advertisements and/or links to websites and/or products and/or services of third parties are displayed in the Information System, Okoora Israel and/or the Operating Companies are not responsible in any way for these contents, products and/or services. The appearance of an advertisement on the website of Okoora Israel and/or the Operating Companies does not indicate the support of Okoora Israel and/or the Operating Companies and/or their responsibility and/or commitment to the content appearing in the advertisements, the advertised product/service, its quality, correctness and/or accuracy. A redirect on the website, which redirects the user to a website other than the website ("external website"), does not indicate that Okoora Israel and/or the Operating Companies are responsible for and/or control the content and/or operations of the external website, and Okoora Israel and/or the Operating Companies shall not bear any responsibility in matters relating to external websites.
39. This Framework Agreement express the full agreements and stipulations between the parties in connection with the Information System and replace and revoke any prior consent and/or presentation, made in writing and/or orally between the parties. In any case of conflict between the Terms of Use and the provisions of any law, the provisions of the law shall prevail.
40. If a section of This Framework Agreement is determined by a court or other competent authority to be invalid, then the invalidity of the section shall not affect the other terms of use which shall remain in full force.
41. Okoora Israel and/or the Operating Companies shall be entitled to transfer, assign or endorse their rights or obligations, in accordance with this Framework Agreement, in whole or in part, to any third party. However, the aforesaid shall not harm on the Client's rights in connection with the funds in his/her account in the system, all as specified in This Framework Agreement.
42. The Client may not assign, transfer, endorse or encumber its rights in connection with an account in their name in the System or any part thereof, or by virtue of this Framework Agreement or any other agreement applicable to the use of the System, to any third party.
43. The use of the website shall be subject solely to the laws of the State of Israel. The sole and exclusive jurisdiction in any dispute between Okoora Israel and/or the Operating Companies and the client is granted to the competent court in the city of Tel Aviv-Yafo, Israel. The books and records of Okoora Israel and/or the Operating Companies shall constitute conclusive evidence between the parties in connection with the client's use of the information system.
44. A notice sent electronically by either party to the other shall be deemed to have been received on the day of delivery; A notice sent by one of the parties to the other by regular mail shall be deemed to have been received within 3 days of the date it was sent.
45. The client acknowledges that he/she has read, understood and agreed to the risk disclosure document dispalted on the Company's website.
46. Please refer inquiries for the Company to: info@okoora.com or call: +97236112525.