These terms and conditions govern your use of tzometsimcha.com, tzometsimcha.co.il, any of our affiliated websites (referred to collectively as the “Site”), and/or any of our services. By using the Site and/or our services, you are agreeing to these Terms and Conditions (the “Terms”). The term “Tzomet Simcha”, or “us” or “we” or “our” refers to the owners of the Site and their affiliates. The term “you” refers to the user of the Site or our services.
We may modify these Terms from time to time without notice to you. It shall be your responsibility to review the Site periodically for any such changes. Changes may include, but are not limited to, membership fees, or any other features and services. Your use of the Site or our services after such changes or modifications have been made shall constitute your acceptance of these Terms as modified. If you do not agree to be bound by the modified Terms do not continue to use the Site or our services. We reserve the right to update, modify and/or discontinue operation of the Site and/or our services at any time without any requirement of notice to you or liability.
Tzomet Simcha does not, and shall have no obligation to, investigate or confirm, and does not in any way endorse, the accuracy, legality, legitimacy, validity, suitability, or reliability of any Merchant Information. “Merchant Information” means any information and/or content generated, controlled or provided by vendors or advertisers appearing on the Site (each a “Merchant”). The foregoing includes any of the products, services, prices, offers, deals, coupons, or other promotional materials or representations (such as kashrut supervision) wherever such appear, including, but not limited to, information contained or referenced on the Site, any third party website, or provided by a Merchant. It is solely your responsibility to verify the accuracy of the Merchant Information.
We make no representations or warranties whatsoever concerning any products or services advertised, sold, or provided to you (including, without limitation, the kashrut, quality, safety, or legality of such products or services or the sale thereof), or any prices, offers, deals, coupons, or other promotional materials or representations contained or referenced in any Merchant Information.
Any commercial, sales, use, membership, subscription, affiliation, participation, or promotional relationship advertised or listed by a Merchant, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and the Merchant. You agree and acknowledge that we are not, and shall not be, responsible with respect to any transactions you enter into with a Merchant.
We may change the organization, structure, content, appearance, geographic scope, functionality, and/or other characteristics of Site without notice or obligation to you. We may position any and all information or advertisements on the Site in any location, in any sequence, and in association with any headings or keyword we deem appropriate.
Subject to these Terms and our other policies and procedures, we use commercially reasonable efforts to attempt to provide the Site and our services on an ongoing basis. You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements that we, or our suppliers, undertake from time to time, or causes beyond our reasonable control or that are not reasonably foreseeable. These include, but are not limited to, interruption or failure of internet service, telecommunication or digital transmission links, hostile cyber attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or our services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Certain names, logos, and/or phrases on the Site may constitute trademarks and/or other intellectual property of Tzomet Simcha and/or Merchants. The mark “Tzomet Simcha” and the contents of this Site are the sole property of Tzomet Simcha. Reproduction in whole or in part is strictly prohibited without our express written permission. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. All of the writing on the Site is the copyrighted property of Tzomet Simcha, and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself. This copyright includes original Tzomet Simcha material. The right to download and store or output the materials found on the Site is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without our explicit written permission is expressly prohibited.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with these Terms; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Termination by Tzomet Simcha.
Tzomet Simcha may terminate your use of the Site and/or provision of services, in whole or in part, at any time upon written notice, including via email, to you. In addition, Tzomet Simcha may immediately terminate, remove, and/or suspend any or all services, including, but not limited to, your access to the Site, upon your breach of any of these Terms and/or failure to pay any amount when due.
The material contained on the Site is solely for informational purposes. No representation or warranty is made. No responsibility is assumed as to the accuracy, quality or timeliness of any information provided herein and/or any third party website, or the validity of any link. We do not intend any information and/or links to be referrals or endorsements of the described and/or linked entities or businesses.
You acknowledge that the essential value of the Site is the dissemination of information facilitating individuals to visit, contact, and/or learn more about Merchants, and that we may, in our sole discretion, determine the method, scope and penetration of such dissemination.
YOU ASSUME ALL RISKS CONCERNING THE FUNCTIONALITY, PERFORMANCE, AND RESULTS OF THE SITE, ADVERTISING AND SERVICES. TZOMET SIMCHA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE, ADVERTISING AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TZOMET SIMCHA CANNOT ENSURE THAT ANY WEBSITES, FILES OR OTHER DATA ACCESSIBLE FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE), REGARDING THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE, OR RESULTS OF THE SITE, ADVERTISMENTS, SERVICES OR OTHERWISE UNDER OR RELATED TO THESE TERMS. For the avoidance of doubt, we will not be bound by, and you acknowledge that you are not relying on any representation, warranty, or covenant concerning the quantity or quality of any products or services advertised, sold, or provided to you by a Merchant or other third party (including, without limitation, the kashrut, quality, safety, or legality of such products or services or the sale thereof), or any prices, offers, deals, coupons, or other promotional materials or representations.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE TERMS OR YOUR USE OF THE SITE OR OUR SERVICES.
You agree to indemnify and hold harmless, Tzomet Simcha, its officers, employees, agents and third party service providers, against any and all claims, actions, losses, expenses, damages, costs, and liabilities, including professional advisors’ fees and other expenses incurred in the defense of any claims arising from your use of the Site or our services. The indemnification obligations under this section shall survive any termination or expiration of the Terms or your use of the Site or our services.
Limitation of Liability.
Your sole remedy for any breach by us under these Terms is the return of monies paid by you for our services. In no event will our aggregate liability exceed the amount paid in the six months prior to the date of the initial claim made against Tzomet Simcha under the applicable order for the specific service at issue. UNDER NO CIRCUMSTANCES WILL TZOMET SIMCHA, ITS OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTY SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, OR LOSS OF GOODWILL, FOR ANY REASON WHATSOEVER, INCLUDING THE RESULT OF ERRORS OR OMISSIONS, UNAVAILABILITY OF THE SITE, THE CONTENT OF ANY MERCHANT INFORMATION, LISTING AND/OR ADVERTISING OR FAILURE TO PERFORM SERVICES. OUR AGREEMENT TO PROVIDE SERVICES TO YOU AND THE RATES CHARGED FOR OUR SERVICES ARE BASED UPON THE LIMITATION OF OUR LIABILITY AS SET FORTH HEREIN.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE TERMS OR YOUR USE OF THE SITE OR OUR SERVICES.
We will not have any liability to you, and you will remain responsible for all moneys owed to us, if our performance of our obligations is delayed by the occurrence of: (a) any event beyond our control, including, but not limited to, fires, floods, earthquakes, elements of nature, acts of G-d, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, outages, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by, you or a third party (including our suppliers).
These Terms and all claims and disputes arising under or relating to the Site and/or our services will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its conflicts of law principles. Any action or proceeding arising under or relating to these Terms shall be filed only in the competent courts located in Jerusalem, Israel. You hereby consent and submit to the exclusive jurisdiction and venue of those courts and waive any objection based on the convenience of these exclusive venues. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all other communications, including all prior agreements, between the parties with respect to such subject matter. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The warranties, indemnification obligations limitations in liability and Tzomet Simcha may assign its rights and duties under these Terms to any party at any time without notice to you; your rights and duties under these Terms are not assignable without our written consent. The terms of this section shall survive any termination or expiration of the Terms or your use of the Site or our services.