Terms of use

A.    Introduction
Welcome to "Yabia Omer-Holon" (Reg. Assoc.) (Hereinafter: "Yabia Omer" – "the Website").
Prior to using the Website, please read the Terms of Use carefully (hereinafter: "Terms of Use").  The Terms of Use underlie the affiliation with Yabia Omer, use of the website and any presentation, undertaking and acquisition through the Website.
By merely using and performing transactions through the Website, in any form whatsoever, you hereby declare and confirm that you have carefully read and understood the Terms of Use and that you agree and accept them and that you and/or anyone on your behalf shall have no claims and/or demands and or contentions against Yabia Omer, beyond claims relating to the violation of explicit undertakings set forth in the Terms of Use.
Subject to the Terms of Use, the term "User" means any person making use of this Website in any manner or form.
The Terms of Use, use and all transactions performed through the Website are subject to the laws of the State of Israel and to Israeli jurisdiction only.  The authorized court in Tel Aviv Yaffo shall have unique and exclusive local jurisdiction on any issue and dispute relating to the Terms of Use, use or any other claim derived of transacting through the Website.
Notwithstanding the above, the User is granted the opportunity to present any such issue and dispute before the Rabbinical Court in Tel Aviv Yaffo.
If you do not agree to the Terms of Use and to the above, please exit the Website and avoid using it.

B.    Operator Details
"Yabia Omer-Holon" (Reg. Assoc.) 58-044-341-4, P.O. Box 5203, Holon, Israel.

C.    Performing transactions on "Yabia Omer"
Use and operations on site are limited to users who meet the following cumulative terms:
1.    Adult and/or legal entity legally incorporated and registered toward operating and accepting liabilities.
2.    Holder of a valid credit card issued by one of the following credit companies: Visa CAL, IsraCard, Diners' Club and Leumi Card, as well as foreign credit companies affiliated therewith.
3.    Holder of an e-mail address.
4.    Not carrying out acquisitions for commercial purposes (such as dealers, distributors, wholesalers and retailers).
A prerequisite for transaction approval – credit card company approval for an on-site charge.

D.    Payment Methods
1.    Payment for an online transaction shall be effected by credit card only and provision of the order is conditional upon credit company approval.
2.    Upon executing any payment on site, the User shall be required to provide certain details, as set forth in the relevant fields (hereinafter: "the Details").  In order to remove all doubt, it is hereby emphasized that the User is not required to provide any details by law.  And yet, the provision of these details is a prerequisite to effecting payment and executing the transaction.
3.    The Details or any part thereof shall not be used or transferred to any third party, except for the purpose of executing User payment or subject to a court order in the event of a dispute or disagreement between the Website and the User, or in order to generate statistical data as set forth below and/or where the transaction is performed in relation to a criminal offense.
4.    The Website shall be entitled to use the Details in order to generate statistical information regarding Website users, provided that this information does not include any names, identification numbers, addresses or specific payment methods.  The Website shall be entitled to transfer such statistical information to third parties upon its discretion.
5.    The User acknowledges that the provision of incorrect information may comprise a criminal offense and/or grounds for a civil suit, and he undertakes to remunerate any damaged party for any damage caused and/or cost incurred thereto, including legal fees.
It shall be noted that where incorrect Details are entered, the Website shall be entitled to cancel any transaction.
6.    The provision of the User's personal details in order to enable the Website to contact him shall comply with the content of Article 151(B) of the "Communications Law (Bezeq and Services), 5742-1982" and will enable the Website to convey promotional material to the User.
7.    These Terms of Use may be subject to change from time to time with no prior notice to the User, and the Terms of Use appearing on the Website at any time shall be the binding version.  And yet, transactions performed through the Website shall be subject to the Terms of Use valid upon the execution of the transaction.  Nevertheless, the User shall be responsible for obtaining the current Terms of Use prior to executing any transaction.

E.    Purchases and Cancellations
1.    All Website offers are valid as long as stock lasts only.
2.    Every purchase completed through the Website (hereinafter: "the Purchase") shall be subject to the provisions of the "Consumer Protection Law 5741-1981" (hereinafter: "Consumer Protection Law").
3.    Pursuant to the provisions of Article 14C(C)(1) of the Consumer Protection Law, an individual transacting through the Website shall be entitled to cancel the transaction up to 14 days of execution thereof or of receiving a document listing his details, the terms applicable to the Purchase, etc., pursuant to the provisions of Article 14C(B) of the Consumer Protection Law – the later of the events.
4.    Pursuant to the provisions of Article 14C(A) of the Consumer Protection Law, the User shall not be permitted to cancel the transaction if not by an explicit violation on behalf of the Website.
5.    Only upon approval of payment by the relevant credit company, will the respective Purchase be completed and the User shall be presented with a notice to that effect.  In the absence of such a notice, the User must contact the Website in order to clarify the issue.
6.    In order to remove all doubt, it is hereby clarified that payment approval or rejection by a credit company, as it appears in Website computer records, shall be sole evidence of its content.
In this regard, reference to the User shall not be binding.
7.    The Website and/or anyone on its behalf shall not be liable in any way to failure and/or any delay in executing the transaction through the Website, where such failure or delay is caused by force majeure and/or third party intervention.  In addition, the Website and/or anyone on its behalf shall not bear any liability for any indirect, consequential or special damages derived thereof.
The Website and/or anyone on its behalf shall bear a liability, if any, limited to the price of the relevant Purchase as set forth above.
8.    The User acknowledges that the provisions of the Postal Authority shall apply to any Website Purchase.
The deliveries published on the Website relate to any location whatsoever.  And yet, where there is difficulty to access the mailing address provided by the User, for security reasons or others, an alternative location shall be coordinated with the User, as close as possible to the said address.

F.    The Price
The final price collected of the User for a Website transaction is the price including Value Added Tax.

G.    Website Content
The images appearing on the Website are intended for illustration purposes only.  Despite the effort invested toward ensuring that the Website and its content are complete, accurate and up to date, the Website may include inaccuracies or errors derived in good faith and Yabia Omer shall bear no liability in their regard.
In order to remove all doubt, it is hereby clarified that Yabia Omer shall bear no liability to typing errors, prices, payment terms, images and any other information appearing on the Website – E.&O.E.

H.    Property Rights and Trademarks
All property and intellectual property rights to the Website, including design, software, applications, computer code, graphic files, images, video clips, designs, text, specifications and any other information relating to the Website (hereinafter: "Website Content") are exclusively owned by Yabia Omer or anyone on its behalf and they shall not be used without the approval of Yabia Omer.
The "Yabia Omer" name and logo and any trademarks appearing on the Website and/or related to these names are trademarks registered to Yabia Omer and its sole property.  The said trademarks may not be used in any manner unless subject to prior written approval by Yabia Omer.
I.    Use Restriction
The Website Content and/or information, software, products and/or services derived of the Website, fully or partially, may not be copied, reproduced, copied, distributed, presented, claimed, arranged, advertised, updated, sold, amended and/or used in any commercial manner, shape or form, unless subject to the Terms of Use or where permission was so granted in writing and in advance by Yabia Omer.  The Website and/or Website Content must not be used toward any illegal activity.  Direct or indirect use of the information appearing in the Website databases is strictly prohibited.

J.    Disclaimer
1.    The Website is presented and prepared in good faith, "As Is" with no undertaking and/or presentation, explicit or implied, on behalf of Yabia Omer.
2.    Yabia Omer is not and will not be liable toward you for any direct, indirect, incidental, special or consequential and/or other damage, including, without derogating from the generality of the above, tort fees for the loss of use, data and/or loss of direct or indirect profits derived from or related in any way to the use, copying and/or presentation of the Website, for any delay in use and/or inability to use the Website and/or derived of any other form of using the Website, whether by contractual and/or tort and/or any other grounds.
3.    Yabia Omer does not undertake that the Website services shall be provided in an orderly manner, shall not be interrupted or stopped, shall be carried out safely and without error and shall be free of any unauthorized access to computers, or free of damages, flaws, faults or failures of hardware, software and Yabia Omer communication lines, and it shall bear no liability toward you in the event of such flaws or problems.
4.    Where Yabia Omer is unable to meet its liabilities and/or complete the transaction or wherever interruptions derived of force majeure and/or factors or events that are not controlled by Yabia Omer, then, excluding the right to terminate the Purchase, while crediting your account in the charge amount (if any), Yabia Omer shall bear no liability toward you.

K.    Links to foreign websites
The Website contains links to Websites and services on the Internet, which are not operated by Yabia Omer and over which it has no control (hereinafter: "Foreign Websites").  Use of Foreign Websites shall be conducted directly with the website owners, upon the sole and full responsibility of the User and subject to the relevant terms of use.  Yabia Omer is not and will not be liable to any use and/or activity and/or affiliation executed on Foreign Websites and/or regarding content included therein.

L.    Privacy and Data Confidentiality
1.    The Data that you provide on the Website is intended for the exclusive use of Yabia Omer and for the purpose of using the Website, and shall be retained in the database in accordance with the "Law for the Protection of Privacy, 5741-1981".  Your consent to the Terms of Use comprises consent to include the Data in the said database.  Yabia Omer undertakes to invest its best efforts, with the means available to it, in order to protect and hamper any possible offense to the privacy of the Data provided by you.  Nevertheless, it is unable to absolutely exclude and it will bear no liability for damages, faults and/or flaws that will be caused.
2.    Yabia Omer may contact you by electronic mail, in writing or orally, with any information on special offers and/or promotional from selected commercial entities, etc., upon its sole discretion.  If you have no interest in this, please state this with the first message that you receive and return it to Yabia Omer.

M.    Additional terms
1.    "Yabia Omer" is construed to mean its employees and representatives or any person and/or body operating on its behalf.
2.    Yabia Omer reserves the right to change the Terms of Use from time to time upon its exclusive discretion.  Amended Terms of Use shall be valid upon publication on the Website.
3.    Yabia Omer is entitled to determine the products for acquisition on the Website and all that is related thereto, as well as to restrict and condition the sale of products, all upon its exclusive discretion.
4.    Yabia Omer reserves the right to terminate Website activities and use of the services provided therein at any time, including links to Foreign Websites, upon its exclusive discretion and with no advanced notice.
5.    Yabia Omer may alter the Website, its structure, appearance, content, services provided therein and any other content upon its sole and exclusive discretion with no advanced notice.  The User shall have no claim and/or demand and/or contention toward Yabia Omer regarding such changes and/or failures to occur due to the said changes.