TERMS OF USE
Dear User, welcome to the website www.mloan.co.il, operated by M-Loan — The Center for Social Mortgages Ltd., Company Registration No. 515756187 (hereinafter: the “Company”). The Company operates, through the Website, an online peer-to-peer (P2P) lending platform. As an innovative and unique platform, and as part of our social approach at M-Loan, we make every effort to be accessible to everyone, conveniently, efficiently, and quickly. As a website and system that serves to connect borrowers and lenders, use of the Website is offered to you subject to your acceptance of all the terms, notices, and restrictions set forth below.

Lending
The User hereby represents and acknowledges that the Company is not a party to any loan, including, without limitation, any loan application submitted by a borrower or any acceptance thereof by a lender, and that the Company bears no responsibility for the repayment of any loan. The credit risk associated with a loan rests solely and exclusively with the lender who extends the loan at its own risk and responsibility.
The User represents and acknowledges that the Company is not responsible for and makes no warranty as to the accuracy, completeness, or correctness of any information provided by any lender or borrower. Without derogating from the foregoing, the Company undertakes to make commercially reasonable efforts, using the means at its disposal, to verify the accuracy of such information.
The Loan Agreement, as in effect from time to time, shall set forth all loan terms and conditions.
A loan application may be submitted only by an individual and not by a corporation or any other legal entity. A User may not apply for a loan on behalf of, or in the name of, any corporate entity of any kind.
All loan terms are subject to a Heter Iska (a rabbinical permit for commercial transactions in accordance with Jewish law), the content of which is displayed on the Website.

User Eligibility and Registration
The User hereby represents and acknowledges that the Company is not a party to any loan, including, without limitation, any loan application submitted by a borrower or any acceptance thereof by a lender, and that the Company bears no responsibility for the repayment of any loan. The credit risk associated with a loan rests solely and exclusively with the lender who extends the loan at its own risk and responsibility.
The User represents and acknowledges that the Company is not responsible for and makes no warranty as to the accuracy, completeness, or correctness of any information provided by any lender or borrower. Without derogating from the foregoing, the Company undertakes to make commercially reasonable efforts, using the means at its disposal, to verify the accuracy of such information.
The Loan Agreement, as in effect from time to time, shall set forth all loan terms and conditions.
A loan application may be submitted only by an individual and not by a corporation or any other legal entity. A User may not apply for a loan on behalf of, or in the name of, any corporate entity of any kind.
All loan terms are subject to a Heter Iska, the content of which is displayed on the Website.
 
Website Registration
In order to become a registered user of the Website, the User must open an account by completing a registration form containing such details as the Company may determine from time to time (hereinafter: “Personal Information”), thereby becoming a registered user through the execution of an enrollment agreement with the Company (the “Lender Enrollment Agreement” and the “Borrower Enrollment Agreement,” respectively, and collectively, the “Enrollment Agreements”).
Each registered user undertakes that all information provided for the purpose of registration and during use of the Website shall be true and accurate, and that in the event of any change in such information, the User shall notify the Company immediately. The User undertakes to indemnify the Company and/or its agents against any damage and/or expense incurred by the Company and/or any third party as a result of the User or its agents providing inaccurate, incomplete, or false information, or failing to update the Company promptly of any changes thereto.
The User acknowledges that the knowing use of false information constitutes a criminal offense under applicable law. The Company shall be entitled to take all legal action against any person who submits false information, including filing claims in court or with the relevant authorities, and to demand compensation from the User for any damage of any kind caused to the Company, the Website, any other user, and/or their agents as a result of the submission of such false information.
Use of the Website, including the extension and receipt of loans through the platform, is subject to these Terms of Use, the terms set forth in the Enrollment Agreements, and the terms set forth in the Loan Agreement (as defined below) (collectively, the “Agreements”), as amended by the Company from time to time.
 
Loans and Loan Terms
Use of the Website, including the extension and receipt of loans through the platform (with its various products), is subject to the Platform Documents and to any additional terms established by the Company. The Platform Documents, including the Enrollment Agreements, shall be updated from time to time by the Company at its sole discretion. Such updates shall take effect upon publication on the Website or at a later date as determined by the Company, unless expressly stated otherwise in a specific Platform Document. For the avoidance of doubt, the foregoing does not apply to modifications of a Loan Agreement after its execution. By accepting these Terms of Use, the User consents that publication on the Website shall be sufficient for such updates to take effect.
The Loan Agreement, as in effect from time to time, shall set forth all loan terms and conditions.
The Website sets loan terms tailored to each group of borrowers, based on, among other things, an assessment of repayment capacity and additional data provided and/or consented to be disclosed by the User to the Company.
Each loan shall have a maximum term of sixty (60) months.
The Company may use deposited funds for the purpose of extending loans in accordance with the loan selection specified in the Lender’s personal portfolio. If the Company is unable to act in accordance with the User’s instructions as defined in the personal portfolio, the Company shall notify the User so that the User may choose how to proceed.
The minimum amount for a single loan application shall not be less than NIS 250,000.
The Company reserves the right to modify the minimum amount that a single borrower may receive from a single lender or from multiple lenders within a single loan.
All loan transactions are subject to the terms established by the Company in these Terms of Use and in the Loan Agreement.
The validity and terms of each Loan Agreement shall be determined on a case-by-case basis in each Loan Agreement and in accordance with the terms posted on the Website.
The transfer of funds between a lender and a borrower shall be executed exclusively through the Loan Operations Account. At the time of transfer, applicable fees shall be deducted from the loan amount, and the borrower shall receive the net amount after such deductions and/or in accordance with the Borrower Enrollment Agreement.
Applicable management fees, as set forth in the Tariff Schedule, shall be deducted from the borrower’s loan repayment installments, and the remaining balance shall be remitted to the lender.
The submission of a loan application constitutes the User’s express consent to the terms of the Loan Agreement. As part of the loan process, the Company may take one or more of the following actions:

• Schedule a meeting for the execution of the Loan Agreement and ancillary documents in accordance with the Loan Agreement.

• Physically verify the User’s identity by means of an identity card at the time of execution of the Loan Agreement and/or the Guarantor’s Bond and/or any other document. The User’s agreement to and cooperation with this procedure shall be a condition precedent to the granting of the loan.

In the event of any conflict between the Loan Agreement and the terms posted on the Website, the terms set forth in the Loan Agreement shall prevail.
Neither the Website nor the Company guarantees that a match will be found between any request to extend a loan and/or any request to receive a loan, even after such request has been approved.
The Company undertakes to use commercially reasonable efforts to collect the obligations due under the Loan Agreement; however, the Company does not guarantee the repayment of the loan or any portion thereof.
For the avoidance of doubt, the Company is not a party to the Loan Agreement; it is neither the lender nor the borrower. The Company makes the platform available to its users for the purpose of entering into Loan Agreements directly among themselves, and the Company bears no liability for any action taken by any user of the Website.
The borrower may not assign and/or transfer, in any manner, its obligations and rights in connection with the loan and/or the deposits.
The borrower acknowledges that, as a condition to the granting of a loan, it must execute a Loan Agreement and any additional documents that serve as security for the loan, as well as any other document required at the sole discretion of the Company and/or its agents.
 
Lender
A User who wishes to lend funds through the Company’s services shall be required to execute the following documents:

• Enrollment Agreement.

• Know Your Customer (KYC) form.

• Anti-Money Laundering (AML) form.

• Tariff Schedule.

• Trust creation documents.

• Any additional documents at the Company’s sole discretion.

Notwithstanding the completion of the registration process, the Company shall retain the right to decline to accept a particular User as a lender on the platform, or to redeem a lender’s investment, at its sole discretion. The Company’s decision in this regard shall be final and non-appealable, and the User hereby waives any claim or demand in connection therewith.
Upon approval of the Enrollment form by the Company, the lender shall receive an email containing account details.
After the Company has confirmed the deposit into the Loan Operations Account, the lender must construct a personal loan portfolio as follows:

• Select borrowers to include in the personal portfolio from the various options presented on the Website from time to time.

• After completing the required details in the personal portfolio and depositing the loan funds accordingly, the Website/Company shall propose suitable borrowers to the lender, to the extent possible, in accordance with the lender’s portfolio preferences.

The lender hereby authorizes the Company and/or a trustee and/or their agents to transfer the deposit and/or portions thereof to borrowers immediately upon approval of a loan to borrowers found suitable by the Company and in accordance with such approval. In addition, the lender hereby authorizes the Company and/or the trustee and/or their agents to execute the Loan Agreement with the borrower on the lender’s behalf.
Approval to extend a loan is an irrevocable action; the lender may not withdraw its approval for the granting of the loan.
The lender acknowledges that there is no guarantee or undertaking whatsoever on the part of the Company and/or the Website and/or their agents with respect to the full or partial repayment of the loan amount, and that the transaction carries inherent risk. The Company assists in structuring loan transactions using recognized and industry-standard tools for the benefit of its users, as described in these Terms of Use and on the Website; however, it makes no guarantee in connection with the use of the Website or the assurance of any payment in respect of any transaction, or as to the accuracy of information provided by lenders or borrowers.
The User acknowledges that loan transactions involve risks, including, without limitation, risks of fraud, false representations by borrowers, and other risks. The Company makes every effort to mitigate such risks; however, it is expressly understood that the Company shall bear no liability in the event any such risk materializes. Use of the Website and the platform it offers is made at the sole discretion and responsibility of the users, who shall bear exclusive liability for any and all consequences arising therefrom.
The lender and borrower acknowledge that the Company, in its professional judgment, assigns a risk rating, a projected yield for each loan, and a projected default rate, as well as other data based on recognized professional parameters for the evaluation and grading of loans. The Company shall act in accordance with its best professional judgment in assigning such ratings; however, it is understood that this is not an “exact science” and is based on subjective assessments relying on the Company’s database. Actual borrower and loan ratings may differ from those estimated by the Company prior to the granting of the loan. Reliance on such ratings, including, without limitation, on the projected yield, projected default rate, and ultimate return, is made at the sole discretion and risk of the users, who shall bear exclusive liability for any and all consequences arising therefrom.
A lender may submit a written request to withdraw deposited funds from the Trust Account for Deposits and Receipts, provided such funds have not been allocated to specific loans or the lender’s approval for such loans has not been obtained, and/or if within three (3) months from the date of deposit into the Loan Operations Account no Loan Agreement has been executed, the lender’s funds shall be returned.
The lender hereby authorizes the Company and/or the trustee and/or their agents to take any and all actions in connection with the Loan Agreement. The Company shall be entitled to determine the method of collection and to make all decisions in the course of the collection process, including compromise with the borrower, reduction of amounts owed by the borrower, filing proceedings with a court of competent jurisdiction or with the Execution Office, assignment of the debt to third-party collection agencies, and even to refrain from taking collection actions and/or any other action in connection with the Loan Agreement. The lender shall execute an irrevocable power of attorney in such form as the Company and/or its agents shall determine.
The Company undertakes to transfer to the lender, through the Loan Operations Account, all amounts received from the borrower in connection with the Loan Agreement, less agreed and pre-determined management fees, tax obligations applicable to the lender (if any, as detailed in the Tax section), within seven (7) business days from the date of deposit of such funds by the borrower. The Company shall have a right of set-off with respect to any obligations owed by the lender to the Company.

Borrower
Any User who wishes to borrow funds through the Website/platform must accept these Terms of Use and complete the Borrower Enrollment form.
Following initial registration and email verification, the borrower shall be required to complete a loan application questionnaire. The questionnaire includes personal questions as well as questions regarding the borrower’s financial and family circumstances.
Upon completion of the questionnaire, the Company shall review the borrower’s application, including an assessment of the borrower’s financial standing, as well as an evaluation of the borrower’s property upon which security interests will be registered in favor of the Collateral Trustee, and shall classify each transaction at its sole discretion.
The scope of loans that a borrower may obtain through the platform shall be determined according to the value of the assets serving as collateral and at the Company’s sole discretion.
The borrower must be the owner of the real property rights it intends to offer as collateral, or at a minimum, at least one of the borrowers must hold the real property rights that will serve as collateral for the loan.
The Company and/or its agents reserve the sole right to determine whether a particular property is suitable for use as collateral.
 
Loan Application Process

 
Upon registration on the Website, the borrower shall be required to provide identifying information and other details, as well as supporting documents, in order to verify the borrower’s identity and to assign a credit rating.
The borrower represents and acknowledges that without providing the required details and documents, the borrower cannot be accepted as a borrower on the Website.
The Company reserves the right to verify all or some of the data submitted by the borrower. If any detail provided by the borrower cannot be verified, the borrower shall not be accepted on the Website. The borrower represents and acknowledges that the Company may conduct such verification itself or through third parties, provided that if the verification is performed by third parties, the verification data shall be transmitted to the Company, shall not be retained by such third parties, and they shall make no other use of the data.
The borrower’s identifying details (name, ID number, telephone number, email address) shall not be displayed on the Website.
Any detail deemed relevant by the Company for the lender’s evaluation of the loan (including gender, city of residence, purpose of the loan, etc.) shall be displayed on the Website.
The borrower acknowledges that the information provided to the Company and the information collected by the Company has been provided voluntarily and is not required by law. The Company shall retain the data provided by the borrower, including data relating to the borrower’s identity and credit rating (hereinafter: the “Data”), and shall not disclose such Data to any third party except in the following circumstances:

• Disclosure is required by law, by a court order, or by U.S. tax authorities with respect to a U.S. citizen.

• The Data is disclosed to a lender or another person for collection purposes, or to the borrower’s employer — provided the employer has entered into a cooperation agreement with the Company — in the event the loan is not repaid on time or the borrower has breached the Loan Agreement.

• The borrower has consented to the disclosure of the Data.

The Company may store the Data in its databases in Israel and on servers located outside of Israel.
Once the User has been approved as a borrower on the Website, a transaction rating shall be assigned based on the data provided. For the purpose of assigning a credit rating, the Company may collect any information, including financial information and credit reports relating to the borrower, or any other information required for credit rating purposes, and the borrower hereby consents to such collection.
The borrower represents and acknowledges that the credit rating of borrowers is determined in accordance with a model developed by the Company at its sole discretion, and that the rating decision is at the Company’s absolute discretion, and the borrower shall have no claim with respect to the rating assigned.
Upon determination of the borrower’s credit rating, the borrower shall select the loan term from among the options available through the Company; the interest rate on the loan shall be determined based on the borrower’s credit rating.
The credit rating assigned to a borrower shall be determined individually for each loan application and shall be valid solely for the loan for which the rating was established and approved.
The borrower shall confirm the loan application in such manner as the Company shall determine.
Loan repayment shall be made by checks or by any other method determined by the Company.
The borrower represents and acknowledges that the loan may be funded by multiple lenders, and that the lenders’ details shall be maintained on the Website. The borrower acknowledges that a fundamental condition for the operation of the Website is communication via the internet, including the delivery of electronic notices through the Website or the borrower’s email; the email address shall be stored on the Website and used solely for the purpose of delivering notices from the Website to the User.
The borrower agrees and acknowledges that the Company and/or the lenders shall be entitled to verify the accuracy of the information in their possession, and to that end, to contact various parties for the purpose of verifying such information and obtaining data about the borrower, and even to provide such parties with a copy of the loan application to serve as a direct request and authorization from the borrower to disclose such information.
The borrower undertakes to pay the Company fees as set forth in these Terms of Use and/or the Company’s Tariff Schedule.
The borrower represents and acknowledges that activation of the code sent by email / SMS constitutes acceptance of all Terms of Use of the Website and of the terms of the loan application and all appendices thereto.
A User applying for a loan represents that only an individual (and not a corporation) is entitled to apply for and receive a loan through the Website. A User may not apply for a loan on behalf of or in the name of a corporation, and the User represents that the loan proceeds shall be transferred from the Trust Account solely to the User’s personal bank account. Without prejudice to any other remedy, a breach of this provision shall constitute grounds for rejection of the loan application and for barring the User from using the Website.
Notwithstanding the foregoing, M-Loan shall consider applications from corporations in accordance with applicable law, subject to the Company’s sole approval and discretion.

Lender Response to a Loan Request
​A User who wishes to lend funds through the Website may do so after registering on the Website, accepting these Terms of Use, and depositing into the Loan Operations Account an amount as specified on the Website, by way of bank transfer to the Loan Operations Account details posted on the Website. Upon completing the transfer, the lender shall send the Company, in the manner specified on the Website, confirmation of the transfer.
As part of the registration process, the lender shall be asked to select the composition of its investment portfolio. Loan funding shall be made in accordance with the parameters selected by the lender. In all cases, the lender retains the exclusive right to choose the loans in which it wishes to participate.
The lender represents and acknowledges that the extension of any loan is at its sole risk and that the Company bears no credit risk whatsoever. The lender further represents that the selection of borrowers and the loan amount allocated to each borrower is at its sole risk.
The lender represents and acknowledges that, prior to the allocation of funds to a particular borrower, the lender shall be given the opportunity to review the terms of the loan application. The lender acknowledges and agrees that the allocation of funds to a particular borrower constitutes acceptance of and consent to the terms of the loan application.
The lender represents and acknowledges that the Company shall use its best efforts to prevent fraud and the submission of inaccurate information by borrowers; however, the Company cannot be held responsible for instances of fraud or for the accuracy of information provided by borrowers, and cannot guarantee that such instances will not occur. The lender hereby releases the Company from all liability for such instances, as well as for any failure by the borrower to repay the loan, in whole or in part, for any reason whatsoever.
The lender represents and acknowledges that the transaction rating, although determined using professional tools, does not and cannot guarantee loan repayment. The transaction rating is a tool available to the lender for the purpose of making lending decisions, but is insufficient to conclusively confirm the borrower’s financial reliability. The lender hereby releases the Company from any liability relating to the credit rating.
The lender shall be entitled to submit a request to withdraw deposited funds, provided such funds are recorded as liquid funds in the lender’s account on the Website, and/or if within three (3) months from the date of deposit into the Loan Operations Account no Loan Agreement has been executed, the lender’s funds shall be returned.
The lender confirms that the information provided to the Company and the information collected by the Company has been provided voluntarily. Without the lender’s consent, the data provided by the lender shall be retained by the Company and shall not be disclosed to any third party, except as required by law, by a court order, or by U.S. tax authorities with respect to a U.S. citizen.
The Company shall be entitled to store the Data in its databases, including on servers located outside of Israel.
The lender agrees to permit the borrower to make early repayment of the loan, subject to payment of an early repayment fee in accordance with the Company’s Tariff Schedule, as updated from time to time, at the Company’s sole discretion.
The lender represents and acknowledges that in the event of a payment delinquency, the terms set forth in the Loan Agreement shall apply. The lender agrees to assign to the Company and/or the Collateral Trustee and/or their agents the lender’s rights vis-à-vis the borrower. The lender agrees that acceptance of these Terms of Use constitutes consent to such assignment. The Company and/or the Collateral Trustee and/or their agents, as holders of rights vis-à-vis the lender, shall take all necessary steps against the borrower to collect the borrower’s debt, including opening a file with the Execution Office or filing a claim in court. Furthermore, the lender hereby authorizes the Company and/or the Collateral Trustee and/or their agents to act at their discretion in all matters relating to the loan or notices regarding the loan. If the Company and/or the Collateral Trustee and/or their agents succeed in collecting the borrower’s debt, in whole or in part, the lenders shall receive their proportionate share of the collected amount relative to their investment in the loan, after deduction of expenses such as court costs, attorney’s fees, penalties, and/or any other payments owed to the Company and/or the Collateral Trustee and/or their agents.
 
Fees
The borrower and the lender each undertake to pay the Company fees as set forth in the Borrower Enrollment Agreement, the Lender Enrollment Agreement, and the Tariff Schedule.
The fee payable by the lender shall be deducted from each payment transferred to the lender as loan repayment; the fee amount shall be paid to the Company on a monthly basis, as determined by the Company.
The fee payable by the borrower shall be deducted from the loan amount when such amount is transferred to the borrower’s account, or by any other method determined by the Company and/or as set forth in the Enrollment Agreement.
By accepting these Terms of Use, the borrowers and lenders acknowledge and agree, as applicable, that the fees shall be determined and updated by the Company from time to time at its sole discretion. For the avoidance of doubt, any changes to fees shall apply only to future Loan Agreements.
 
Trusteeship

• Loan principal funds lent by a lender in response to a borrower’s loan request, and the borrower’s repayments of loan principal, shall be deposited in the Loan Operations Account.

• The borrower’s interest payments on the loan shall be deposited in the Loan Operations Account.

• Beyond the segregation of funds from the Company and the actions the Trustee is required to perform under the Trust Agreement, the Trustee bears no responsibility toward borrowers or lenders, and they acknowledge that it is not the Trustee’s function to verify or validate the instructions given to it by the Company. They agree that the Trustee owes them no duty of any kind, whether a duty of care or a fiduciary duty.

• By transferring funds to the Platform Account, each lender hereby confirms that it has read the Loan Agreement, agreed to all of its terms, and authorized the Trustee and/or the Collateral Trustee to execute the agreement on its behalf, and may not withdraw therefrom. Furthermore, by transferring funds to the Platform Account, the lender waives any claim or grievance against the borrower, the Company, or the Collateral Trustee in connection with the Loan Agreement.

• The users hereby waive any claim they may have against the Company and/or the Trustee and/or their agents with respect to interest accrued or that should have accrued in the Loan Operations Account.

• All users of the Website, both borrowers and lenders, acknowledge that the Loan Agreement is executed with the Collateral Trustee, who represents the lenders and acts as their attorney-in-fact in all matters relating to the performance of the agreement and its terms, including the registration of security interests in the Collateral Trustee’s name.
   

Collateral Trustee
​The Collateral Trustee shall execute the Loan Agreements on behalf of the lenders, in order to ensure that the identities of borrowers and lenders remain mutually anonymous. The collateral shall be registered in the Collateral Trustee’s name, and its role shall be to manage such collateral in the event the borrower fails to make loan repayments. The Collateral Trustee shall act in cooperation with the Company to enforce the borrowers’ obligations to the lenders, all as set forth in the Lender Trust Agreement with the Collateral Trustee, which may be viewed on the Website.
 
Taxes
The User represents and confirms that it has reviewed all tax implications of the loan transaction facilitated through the Website, that it is solely responsible for the payment of any taxes associated with the loan transaction, and that it undertakes to pay all tax payments required under applicable law in connection with the loan transaction.
In the event of any unpaid or unresolved tax liability, the users shall indemnify the Company for any liability imposed upon it by the tax authorities and shall bear all expenses, taxes, penalties, or other charges imposed upon the Company.
The User acknowledges that all interest payments are subject to withholding tax at source. The Company shall deduct the tax required at the statutory rates, unless it receives, to its full satisfaction, evidence of a withholding tax exemption.

Privacy Protection
The Company recognizes the importance of protecting the privacy of Website users and operates in accordance with the Protection of Privacy Law, 5741–1981. The Privacy Policy is available for review on the Website.
Subject to these Terms of Use and the Privacy Policy, borrowers and lenders shall remain anonymous to one another.
The Company shall maintain the personal details of borrowers and lenders in confidence and shall not disclose them to any third party, unless required to do so by law, by a court order, or by U.S. tax authorities with respect to a U.S. citizen.
 
Intellectual Property
All copyright and intellectual property rights in the Website, including its design, drawings, diagrams, illustrations, photographs, images, text, graphics, services provided within the Website, programming, applications, computer code, graphic files and the like contained in the Website, in the trademarks contained therein, in its name or domain name, and/or in all other content therein (the “Protected Material”) are protected, inter alia, under the copyright laws of the State of Israel, international conventions, and the copyright laws of other jurisdictions.
The Protected Material is the property of the Company and/or third parties who have authorized the Company to publish such Protected Material. The User is prohibited from modifying, copying, publishing, distributing, transmitting, displaying, performing, reproducing, issuing licenses, creating derivative works from, or selling any part of the Protected Material without the express written consent of the Company. The User acknowledges the copyright and intellectual property rights of the Company and/or third parties in the Protected Material and undertakes not to make any commercial use of the information, or any use in contravention of applicable law or international conventions, or to cause any alteration or distortion of the information or any part thereof.
 
Liability
The Company operates the Website and manages the platform as a marketplace for creating connections between borrowers and lenders for the purpose of extending and receiving loans. The Company shall be entitled to charge fees for this function, as detailed in the Company’s Tariff Schedule.
The Company and/or its agents are not and shall not be a party to any Loan Agreements entered into between borrowers and lenders in any capacity whatsoever.
The Company shall not be liable in cases where there are no open loan requests, or where there are no lenders capable of extending a loan through the platform. The Company does not guarantee that any lender will be able to extend a loan or that any borrower will be able to receive a loan.
The Company shall not, under any circumstances, be liable for guaranteeing the full or partial repayment of any loan. The Company does not undertake to return the loan principal or the interest to which lenders are entitled from borrowers in the event a borrower fails to meet its repayment obligations through the platform. Furthermore, the Company does not and cannot guarantee that, in the event of a loan default, the enforcement of the collateral provided to secure repayment will cover all or part of the borrower’s outstanding balance.
The Company shall not be liable for any damages incurred by users or third parties as a result of the use of the Website (including any software contained in or triggered by the use of the Website), or the inability to use the Website or any websites linked thereto. Browsing and use of the Website and its content are at the users’ sole risk. The User agrees that it shall have no claim, demand, or cause of action against the Company in connection with the use of the Website.
The User agrees and acknowledges that the Company, including its representatives, employees, officers, directors, shareholders, or any person acting on its behalf, shall not be liable for any damage whatsoever, whether direct or indirect, incurred by the User or any third party in connection with the User’s use of or reliance on the information, whether directly or indirectly.
The Company shall not be liable for any direct, indirect, consequential, or incidental damage arising from access to or inability to access the Website, whether on a contractual or tortious basis. The Company is not liable for any damage, including damage caused by “viruses” or other software applications, to the User’s computer equipment or any other property of the User, resulting from access to or use of the Website, including the downloading of information therefrom.
The Website may contain links to third-party websites; such links are provided for convenience only, and the Company assumes no responsibility for the content or functionality of such linked websites. Browsing and use of linked content is at the User’s sole risk, and the Company reserves the right to remove any link from the Website or to add other links at any time.
The inclusion of links on the Website does not imply the Company’s endorsement of such websites or their content, or any affiliation between the Company and such websites and/or their operators. Links to the Website may not be created from websites containing offensive content or websites that promote activities that contravene applicable law, such as racist content, content that offends public sensibilities, defamatory and/or threatening content, pornographic content, and the like.
The Company and its agents are not liable for any failure, malfunction, or defect in the operation of the Website, or any such failure in browsing or using the Website, internet services, communications, or the like. The Company does not guarantee that the Website will be available at all times, or that the Website’s operations or integrity will be uninterrupted, error-free, or free from breakdowns, malfunctions, or failures of any kind. The Company shall not be liable for such interruptions, nor shall it be liable for any incompatibility with the User in the nature, character, or scope of the information (including the method of its delivery), or for any loss, damage — direct, indirect, consequential, or otherwise — incurred by the User or any third party in connection with such interruptions or the discontinuation of certain Website services, for any reason whatsoever.
The Company shall bear no liability for the exposure of information provided by a User to the Website in the event of unauthorized access to the Company’s or the Website’s computer systems.
The User undertakes to indemnify the Company (including its agents) for any damage, loss, or expense incurred by it (including legal expenses) as a result of any breach of applicable law or the Platform Documents, including these Terms of Use, by the User or by any person acting on the User’s behalf.
 
Miscellaneous
The Company may, at its discretion, discontinue the operation of the Website at any time, whether for a defined period or permanently, without obtaining the users’ consent. For the avoidance of doubt, such discontinuation shall not affect the validity of Loan Agreements already executed through the platform.
Any legal cause of action arising from the use of the Website, including the validity and interpretation of these Terms of Use, shall be governed by the laws of the State of Israel. Exclusive jurisdiction in connection with these Terms of Use is vested in the competent courts in Be’er Sheva and/or any other court at the Company’s sole discretion.
The Company may assign its rights under these Terms of Use to a third party and is under no obligation to publish notice of such assignment.
The User agrees that the transfer of information to or from the Website does not create any relationship between the User and the Company beyond what is set forth in the Platform Documents.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deemed replaced by a valid and enforceable provision whose content is consistent with the intent of the original provision, and all remaining provisions shall remain in full force and effect.