Terms & Conditions
The following terms shall be deemed to have the meanings set forth below for purposes of this Agreement:
2.1 Account - A Basic Account or a Premium Account.
2.2 Basic Account - An account under Section 5.1 hereof.
2.3 Consideration – the Product Price, Shipping and Handling (S&H) Charges and Tax.
2.4 Content - including text, description of Products and their prices, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, accessed through or contributed to the Service.
2.5 Duty – each duty or local tax , whether monetary or other, associated with the importation of the respective Product into the territory of the shipping destination and taking possession of such, and/or which becomes applicable after shipping of the respective Product, by or for the Seller.
2.6 S&H Charges – the charges for handling and shipping the respective Product to the destination indicated by the respective User.
2.7 Periodic Subscription Fee - A fee a User may need to pay for the designation of his Account as an Account of a certain type per Appendix 2.7 hereto.
2.8 Person - Including, without limitation, entity and corporation.
2.9 Premium Account - An account under Section 5.2 hereof.
2.10 Price - The price of each of Product per the Product Catalog.
2.11 Product – each of the products offered for sale in the Product Catalog.
2.12 Product Catalog – the catalog of Products, their descriptions and prices, in the Website and/or offering of a Product for sale.
2.13 Repeat Infringer - a user who has been suspected by Seller of infringing the TOU more than twice.
2.14 Rights the User licenses - The rights described in Section 8 hereof.
2.15 Seller – Bar Elias Jewelry, Israeli private company No. 305264384, whose principal place of business is 5 Meizner Street, 4940704 Petach-Tiqwa, Israel, or its assigns or successors with regard to the Website, Content, any Service and/or any Product.
2.16 Service - the Website including, without limitation, any Content included in the Website and any product purchase process incorporated in the Website.
2.17 Tax – any tax applicable to the sale and supply of the respective Product per the information furnished by the User.
2.19 User - Any Person subscribing to a Service, opening Account and/or using a Service.
2.20 Website - the Seller's website through which the Service is supplied.
3. Status of the TOU
3.1 The TOU shall govern the Service.
3.2 The TOU apply to all Users of the Service.
3.3 In order to use the Service, the User agrees to the TOU. The User shall not use the Service if the User does not accept the TOU. By using the Service, the User accepts the TOU. The User understands and agrees that Seller will treat the User’s use of the Service as acceptance of the TOU from that point onwards.
3.4 The User may not use the Service and may not accept the TOU if (a) the User is not of legal age to form a binding contract with Seller, or (b) the User is a person who is in any way legally prevented from receiving or using the Service under the laws of the country in which the User is resident or from which the User accesses or uses the Service.
3.5 The User hereby declares that there is no hindrance, whether by law, by agreement, or in any other way, to their engagement with the Seller on the terms stated in these TOU.
3.6 The User shall comply with all of the other provisions of the TOU at all times during the User’s use of the Service or any Product.
4. Changes to the TOU
4.1 Seller may make changes to the TOU from time to time, for any reason in its absolute discretion.
4.2 The updated version of the TOU will be posted on the Website or made available within the Service (for any modified additional terms).
4.3 If the User does not agree to the updated TOU the User must stop using the Service. The User’s continued use of the Service after the date the updated TOU are posted will constitute the User’s acceptance of the TOU.
5. Seller Accounts
5.1 For some activities on the Website the User is required to open a Basic Account with Seller. Such activities are listed in Appendix 5.1 to these TOU.
5.2 For some activities on the Website the User is required to open a Premium Account with Seller. Such activities are listed in Appendix 5.2 to these TOU.
5.3 When creating an Account, the User must provide accurate and complete information.
5.4 The User shall keep the User’s Account password secure and confidential.
5.5 The User shall notify Seller immediately of any breach of security or unauthorized use of the User’s Account when the User becomes aware of such.
5.6 The User agrees that the User will be solely responsible (to Seller, and to others) for all activity that occurs under and/or in the User’s Account.
6. General Restrictions On Use
6.1 Subject to the User’s compliance with the TOU, Seller hereby grants the User permission to access and use the Service, subject to the express conditions included herein.
6.2 Failure to adhere to any of these conditions shall constitute a breach of these TOU on the User’s part:
6.2.1.the User shall not distribute any part of or parts of the Website, including but not limited to any Content, in any medium without Seller's prior written authorization, unless Seller makes available the means for such distribution through functionality offered by the Service, provided that the User ensure such distribution is compliant with the TOU and all applicable laws and the terms governing any websites to which the Content is distributed;
6.2.2.the User shall not alter or modify any part of the Website or the Content;
6.2.3. the User shall not access Content through any technology or means other than the Website itself, or such other means as Seller may explicitly designate for this purpose;
6.2.4. the User shall not and shall not attempt to circumvent, disable or otherwise interfere with any security related features of the Service and/or the Website;
6.2.5. the User shall not use the Service for any commercial use, including without limitation the following uses, unless the User obtains Seller’s prior written approval:
22.214.171.124. the sale of access to the Service;
126.96.36.199. the sale of advertising, sponsorship or promotions placed on or within the Website, or Content;
188.8.131.52. the sale of advertising, sponsorship or promotions on any page of a website containing Content delivered via the Service.
6.2.6. Prohibited commercial uses shall not include any use that is expressly authorized by Seller in writing;
6.2.7. The User shall not use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more messages to the Seller servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
6.2.8. The User shall not collect or harvest any personal data of any other user of the Website or any Service including, without limitation, Account names and Account password.;
6.2.9. The User shall not use the Website or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
6.2.10. The User shall not solicit, for commercial purposes, any users of the Website with respect to their Content; and
6.2.11. The User shall not access Content for any reason other than the User’s personal use solely as intended through and permitted by the normal functionality of the Service.
6.2.12. The User shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Seller or the respective licencors of the Content.
6.3. The User acknowledges and agrees that the form and nature of the Service which Seller provides may change from time to time without prior notice.
6.4. The User acknowledges and agrees that Seller may stop (permanently or temporarily) providing the Service (or any features within the Service) to the User or to users in general at Seller's sole discretion, without prior notice.
6.5. The User may stop using the Service at any time. The User does not need to specifically inform Seller when the User stops using the Service.
6.6. The User shall be solely responsible for the User’s obligations under the TOU and for the consequences (including any loss or damage which Seller may suffer) of any such breach. The User agrees that Seller has no responsibility to the User or to any third party for such breach.
7. Content and Privacy
7.1. The User hereby warrants and represents that at all relevant times (i) there are and will be no restrictions, limitations which prevent or restrict the User from granting the licenses herein; and (ii) the User’s Content does not and will not (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Seller or any third party; (f) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction.
7.2. The User agrees that the User will not post or upload any Content which contains material which it is unlawful for the User to possess in the country in which the User is resident, or which it would be unlawful for Seller to use or possess in connection with the provision of the Service.
7.3. The User agrees that Content the User submits to the Service will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless the User has a formal license or permission from the rightful owner, or is otherwise legally entitled to post the material in question and to grant Rights the User licenses.
7.4. On becoming aware of any potential violation of these TOU, Seller reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these TOU and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these TOU at any time, without prior notice and at its sole and absolute discretion.
7.5. The User further understands and acknowledges that in using the Service, the User may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to the User. The User agrees to waive, and hereby do waive, any legal or equitable rights or remedies the User have or may have against Seller with respect to any such Content.
7.6. When the User uses the Service, Seller may record information about the User’s usage of the Website and information the User displays about him/herself. If the User is logged in, Seller may associate that information with the User’s Account.
7.7. In order to ensure the quality of service to the User, Seller may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications with the User in order to confirm delivery.
7.8. Any personal information or Content that the User voluntarily disclose online (e.g., text comments, the User’s public profile page) may be collected and used by others.
7.9. If the User submits personal information to Seller, Seller may use that information to operate, maintain, and improve the features and functionality of the Service, and to process any flagging activity or other communication the User send to Seller.
7.10. Seller may use the User’s email address without further consent for administrative purposes.
7.12. When the User creates an Account, some information about the User’s Account and the User’s account activity may be provided to other users of the Service.
7.13. Only the User’s Account name and not the User’s email address nor any other contact details of the User, may be displayed to other users when the User engages in certain activities on the Service. Other users may contact the User by leaving a message or comment on the Website.
7.14. Any content that the User submits to Seller may be redistributed through the internet and other media channels and may be viewed by other Service users or the general public.
7.15. You may also choose to add personal information which may include the User’s name, gender, profile picture or other details, that will be visible to other users if this is enabled by the Service.
7.16. If the User has an Account, the User may update or correct the User’s personal profile information, email preferences and privacy settings at any time by visiting the User’s account profile page.
7.17. The User may decline to submit personal information through the Website, in which case the User can still explore Content, but Seller may not be able to provide certain Services.
7.18. Seller may provide the User with advertising. Seller may use a range of information including cookies, web beacons, IP addresses, usage data and other information about the User’s computer or device (such as browser type and operating system) to provide the User with advertising. While the User is logged in or logged out of the User’s Account, Seller may also show the User advertising based on information the User has provided in the User’s Account on the Service.
7.19. Third-party ad serving companies may display ads on the Service.
7.20. These TOU do not apply to, and Seller cannot control the activities of, such other advertisers or web sites.
8. Rights the User Licenses
8.1. When the User uploads or posts Content to the Website, the User grants:
8.1.1. to Seller, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, make available to the public, broadcast and publicly perform that Content in connection with the provision of the Service or in connection with Seller's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats [and through any media channels];
8.1.2. to each user of the Service, a worldwide, non-exclusive, royalty-free license to access the User’s Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these TOU.
8.2. The above licenses granted by the User are perpetual and irrevocable.
9. Non-Transfer of Intellectual Property Rights
9.1. With the exception of Content submitted to the Service by the User, the User is not granted any right and/or license, or ownership including any copyright, trademark and other intellectual property rights to any Content, other than as explicitly set forth in these TOU.
9.2. Any third-party trade or service marks present on Content not uploaded or posted by the User are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Seller or, where applicable, Seller's licensors. Seller and its licensors reserve all rights not expressly granted in and to their Content.
10. Links From Seller
10.1. The Service may include hyperlinks to other web sites that are not owned or controlled by Seller. Seller has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
10.2. The User acknowledges and agrees that Seller is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3. The User acknowledges and agrees that Seller is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4. The User acknowledges and agrees that when the User leaves the Service, the User is subject to the terms and conditions of each other website that the User visits.
11. Purchase of a Product
11.1. The Product Catalog constitutes an invitation by Seller to the User to propose to buy a respective Product.
11.2. User's order of a Product shall constitute an offer to buy the respective Product. Unless otherwise expressly stipulated, the User may not make an offer for any Product, other than through the Website and the Service.
11.3. Seller is under no obligation to accept or acknowledge an order.
11.4. The sale of any Product by Seller is subject to full payment of the Consideration. The Seller remains the owner of sold Products until the full payment of the Consideration has been accepted by Seller.
12. Consideration, Prices, Payment
12.1. The use of each type of Account may be subject to payment of Recurrent Subscription Fee.
12.2. By submitting an order, the User acknowledges and consents to the following:
12.2.1. The Price may be supplemented by Tax.
12.2.2. The S&H Charges do not and shall not include or be deemed to cover any Duty.
12.2.3. Any Duty shall be at User's expense if monetary, and in general shall be deemed to have been assumed by User. User completely and irrevocably relieves Seller from any and all Duty.
12.2.4. The Consideration may only be paid by the means and on the terms made available by the Seller at the time the order is submitted.
13.1. The User agrees to defend, indemnify and hold harmless Seller and its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of the User’s representations, duties and warranties set forth in these TOU.
13.2. The foregoing indemnity shall not be affected by any termination or expiration of these TOU or the relationship between the User and Seller or the availability of the Service.
13.3. In the event of any such claims, demands or suits, Seller shall notify the User and the User shall, at the User's expense, defend such claims, demands, or suits.
13.4. If the User fails to fulfill User’s above obligations then Seller may defend itself and the User shall bear all associated costs, expenses and damages.
14. Ending the User’s relationship with Seller
14.1. The TOU will continue to apply until terminated by either the User or Seller as set out below.
14.2. If the User wishes to terminate the User’s legal agreement with Seller, the User may do so by closing the User’s Account.
14.3. Seller may at any time terminate its legal agreement with the User if:
14.3.1. the User has breached any provision of the TOU; or
14.3.2. Seller determines in its sole and absolute discretion that the User does not intend to, or is unable to comply with any provision of the TOU; or
14.3.3. Seller is required to do so by law; or
14.4. Seller may terminate its legal agreement with the User if:
14.4.1. Seller is transitioning to no longer providing the Service to users in the country in which the User is resident or from which the User uses the Service; or
14.4.2. the provision of the Service to the User by Seller is, in Seller's opinion, no longer commercially viable;
14.5. When these TOU come to an end, all of the legal rights, obligations and liabilities that the User and Seller have benefited from, been subject to (or which have accrued over time whilst the TOU have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.1 shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Exclusion of Warranties
15.1. Each of the Service and any Product is provided "as is" and Seller makes no warranty or representation to the User with respect to such.
15.2. In particular Seller does not represent or warrant to the User that:
15.2.1. the User’s use of the Service will meet the User’s requirements,
15.2.2. the User’s use of the Service will be uninterrupted, timely, secure or free from error,
15.2.3. any information obtained by the User as a result of the User’s use of the Service will be accurate or reliable, and
15.2.4. that defects in the operation or functionality of any software provided to the User as part of the Service will be corrected.
15.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY EXPRESSED AND/OR IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION AND/OR NON-INFRINGEMENT) THAT MAY APPLY TO THE SERVICE OR ANY PRODUCT, EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
16. Limitation of Liability
16.1. Seller shall not be liable to the User for:
16.1.1. ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY THE USER. THIS SHALL INCLUDE ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY THE USER;
16.1.2. Any loss or damage which may be incurred by the User as a result of:
184.108.40.206. any reliance placed by the User on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising appears on the Service;
220.127.116.11. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through the User’s use of the Service;
18.104.22.168. the User’s failure to keep the User’s password or Account details secure and confidential.
16.1.3. SELLER’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE PERIODIC SUBSCRIPTION FEE PAID BY THE USER TO SELLER IN CONNECTION WITH THE SERVICE HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM; OR THE PRICE OF THE PRODUCT THAT GIVES RISE TO SELLER'S LIABILITY. TO THE EXTENT NO SUCH PERIODIC SUBSCRIPTION FEE OR PRICE APPLY, SELLER SHALL HAVE NO LIABILITY WHATSOEVER.
16.2. The limitations on Seller's liability to the User in paragraph 16.1 above shall apply whether or not Seller has been advised of or should have been aware of the possibility of any such losses arising.
17. Governing Law and Dispute Resolution
17.1. The TOU, and the User’s relationship with Seller under the TOU, shall be governed by law of the State of Israel.
17.2. The User and Seller agree to submit to the exclusive jurisdiction of the competent court in Tel Aviv, Israel to resolve any legal matter arising from the TOU, which the Parties cannot amicably resolve within 30 days.
17.3. Notwithstanding this, the User agrees that Seller shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction or for the execution of a final verdict obtained by Seller in accordance herewith.
18. General Legal Terms
18.1. The title or heading of the various Sections and paragraphs of the TOU are intended solely for convenience of reference and are not intended and shall not be deemed for any purpose whatsoever to modify or explain or place any construction upon any of the provisions of the TOU.
18.2. Whenever required by the context hereof, words in the singular shall include the plural and vice‑versa; words in the masculine shall include the feminine and neuter genders and vice‑versa.
18.3. The User agrees that Seller may introduce changes to the TOU.
18.4. The User agrees the failure of Seller to enforce at any time any of the provisions of these TOU, or to require at any time the performance by the User of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of the agreement or any part hereof, or the right of Seller thereafter to enforce each and every provision of these TOU or to exercise any right under law. Those rights or remedies will still be available to Seller.
18.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOU is invalid, then that provision will be removed from the TOU without affecting the rest of the TOU. The remaining provisions of the TOU will continue to be valid and enforceable.
18.6. The preamble to these TOU and the Exhibits attached hereto form an integral part hereof.
18.7. These TOU constitute the legal agreement between the User and Seller and govern the User’s use of the Service and completely replace any prior agreements between the User and Seller in relation to the Service.