TERMS OF SERVICE
Effective as October 28, 2014
Welcome to dajdarya.com (the “Site”) the online presence of Daj Darya (“Daj Darya”, “we”, or “us”).
BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE (THE “AGREEMENT“) WHICH GOVERN YOUR USE OF THE SITE. IN CONSIDERATION FOR ACCESS TO THE SITE YOU AGREE TO READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ACTIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT IS A LEGALLY BINDING ELECTRONIC CONTRACT BETWEEN YOU AND DAJ DARYA, AND GOVERN YOUR ACCESS TO AND USE OF SITE AS WELL AS ANY PURCHASES YOU MAY MAKE VIA THE SITE. YOU MUST ACCEPT THIS AGREEMENT TO ACCESS OR USE THE SITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS HEREIN, CLOSE THE SITE IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE. BY ACCESSING OR USING THE SITE OR PURCHASING PRODUCTS VIA THE SITE YOU ARE EXPRESSLY INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTENCE OF THIS AGREEMENT.
• Eligibility. BY ACCESSING OR USING THE SITE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ENTITLED TO ENTER INTO THIS AGREEMENT. IF YOU RESIDE IN A JURISDICTION WHICH RESTRICTS THE ABILITY TO ENTER INTO AGREEMENTS SUCH AS THIS AGREEMENT DUE TO AGE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR LEGAL JURISDICTION OR HAVE THE PERMISSION OF YOUR LEGAL GUARDIAN. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT AND AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
• Electronic Communications. When you visit the Site or send emails to us, You are communicating with us electronically and thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agres that all agreements, notices, disclosures, and other communication that we provide you electronically satisfy any legal requirements that such communication be in writing.
• Intellectual Property. The Site, all intellectual property comprising the Site, and all content on the Site (collectively, the “Site IP”) is owned, controlled, or licensed by Daj Darya and is protected by copyright, as a trademark, and/or by other intellectual property rights unless otherwise noted. You agree that You shall acquire no rights in any Site IP or the Site unless otherwise noted in writing by Daj Darya. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit Site IP for commercial use in any way beyond what is permitted by this Agreement without the prior written consent of Daj Darya. You may not take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or use the Site or gain access to and/or use any Site IP on the Site; 4) take Site IP and reformat and display said Site IP, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer the Site or any Site IP.
• License to Access and Use. Daj Darya grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and use the Site and Site IP and to for the purposes of informing Yourself about Daj Darya, Daj Darya’s products and services, and to purchase Daj Darya products and services. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Site IP in any manner unless otherwise noted in writing by Daj Darya. This limited license terminates automatically, without notice to You, if You breach any of this Agreement.
• Products. By purchasing a product via the Site, you hereby agree and represent that you have the right to personal use of said product. Daj Darya expressly does not grant you any copyright in said product. You may not copy or modify said product without express written permission from Daj Darya.
• Reservation of Rights. Daj Darya reserves all rights not expressly granted in the Terms unless otherwise noted in writing by Daj Darya.
• Prevention of Unauthorized Use. Daj Darya reserves the right to exercise whatever lawful means Daj Darya deems necessary to prevent unauthorized use of the Site and Site IP, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet service provider regarding such unauthorized use.
• Copyright/Trademark Infringement. Daj Darya and its affiliates respect the intellectual property of others. If you believe that your copyright or trademark has been violated in any way, please contact Daj Darya immediately and we will seek to rectify the situation.
• Unsolicited Suggestions. Daj Darya welcomes Your feedback, suggestions, and recommendations. By submitting any feedback, suggestions, or recommendations, You agree that Daj Darya may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such feedback, suggestions, or recommendations in any manner, as Daj Darya sees fit, without restriction or limitation of any kind, and You thereby grant to Daj Darya a paid-in-full, royalty-free, freely transferable, irrevocable, perpetual, worldwide license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Daj Darya’s use or alleged use of such feedback, suggestion, or recommendation infringes any of Your rights.
• Prices. All prices for products and services sold via the Site are listed in U.S. Dollars. All such prices are subject to change without notice. Prices prevailing at commencement of shipping apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice. While we try to ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of goods You have ordered, we will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If we are unable to contact You, we will treat the order as cancelled.
• Shipping. Processing times may vary during holidays, sales and new product launches. Please track your packages (UPS website). DAJ darya is not responsible for lost or stolen shipments. We have no control over what happens to your package once the courier delivers it. We do not replace or refund orders that are scanned “delivered” by UPS.
• Product Descriptions. Daj Darya and its affiliates attempt to be as accurate as possible. However, Daj Darya makes no warranties that the product descriptions and any other Site IP are accurate, complete, reliable, current, or error-free. If a product offered via the Site itself is not as described, Your sole remedy is to return it in unused condition. Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We reserve the right to furnish materially equivalent substitutes for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order.
• Return Policy. The provisions of this section are subject to the Consumer Protection Law – 1911. Daj Darya will accept a return of the products, provided such return is made within seven (7) days of shipment to you and provided such products are returned in their original condition. You are responsible for shipping and handling costs associated with such returns. Daj Darya will not refund any funds until such returns have been received by Daj Darya.
• Links to Other Websites or Services. The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. Daj Darya does not control the availability and content of Linked Sites. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
• Changes to the Site. Daj Darya may discontinue or change the Site, the Site IP, any service, function, or feature of the Site, and any product or service available via the Site at any time with or without notice.
• Indemnification. You agree to indemnify, defend, and hold Daj Darya harmless from and against any and all claims, suits, actions, liabilities, losses, expenses, or damages, including reasonable attorneys’ fees and expenses, which may hereafter arise, which Daj Darya may sustain due to or arising out of any breach of any representation or warranty made herein, Your breach of this Agreement, Your negligent act or omission, or Your acts in violation of this Agreement or in violation of any applicable law or regulation.
• Law and Venue. You agree that that any action at law or in equity arising out of or relating to this Agreement, the Site, Site IP, any products or services purchased via the Site, or Daj Darya, and all suits and special proceedings relating such, shall be construed in accordance with and under and pursuant to the laws of the State of Israel, without giving effect to any principles of conflicts of law and will be filed only in the courts for the District of Tel Aviv and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
• Alternative Dispute Resolution. You agree that You will first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in Tel Aviv, Israel. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties. If it proves impossible to arrive at a mutually satisfactory resolution through mediation, You agree to submit the dispute to binding arbitration in Tel Aviv, Israel. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ALTERNATIVE DISPUTE RESOLUTION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
• Attorney Fees. In the event either party institute legal proceedings in connection with or for the enforcement of the this Agreement, the prevailing party shall be entitled to recover its cost of suit, including reasonable attorneys’ fees, both at trial and appellate level.
• Survivorship of Benefits. This Agreement shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors, and assigns.
• Waiver of Modification of Agreement.
•A waiver or modification of this Agreement or of any covenant, condition, or limitation in this Agreement shall not be valid unless in writing, and evidence of any waiver or modification shall not be offered into or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the right or obligations of any party under this Agreement, unless the waiver or modification is in writing.
•The parties further agree that the provisions of this section may not be waived except as set forth in these this Agreement.
•The failure of Daj Darya to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
• Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any of this Agreement invalid or otherwise unenforceable in any respect. In the event that any of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining terms herein.
• Assignment. Your rights and licenses under this Agreement may not be transferred or assigned by You, but may be assigned by Daj Darya without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
• Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
• Contact Information. Any comments, complaints, or requests for further information can be directed to firstname.lastname@example.org, + 972 544 211 555, or Daj Darya, 30 Hei Be’iyar, Kikar Hamedina, Tel-Aviv, Israel.
Welcome to dajdarya.com (the “Site”) the online presence of Daj Darya (“Daj Darya”, “we”, or “us”). Daj Darya respects the privacy of those who access and/or use the Site (“you”, “your”, “User”, or collectively “Users”) and is committed to protecting the privacy of the personally identifiable information we collect from you as you access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed.
- The Information That The Site Collects.
- Personally Identifiable Information. Daj Darya only collects personally identifiable information from you that you voluntarily provide to us.
- The Way We Use This Information.
- Security of Information. Daj Darya maintains our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your personally identifiable information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. “Perfect security” does not exist on the Internet, and you use the Site at your own risk.
- Children. THE SITE IS NOT INTENDED FOR CHILDREN. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ACCESS AND/OR USE THE SITE. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER WITHOUT YOUR LEGAL GUARDIAN’S CONSENT (TYPICALLY A PARENT). BY USING OR ACCESSING THE SITE YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE REACHED THE AGE OF MAJORITY IN YOUR LEGAL JURISDICTION OR HAVE THE PERMISSION OF YOUR LEGAL GUARDIAN AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
- Events Outside of Ordinary Business Practices. IN CONNECTION WITH AN EVENT OUTSIDE OF DAJ DARYA’S ORDINARY BUSINESS PRACTICES, INCLUDING BUT NOT LIMITED TO A SALE, MERGER, CONSOLIDATION, CHANGE IN CONTROL, TRANSFER OF SUBSTANTIAL ASSETS, REORGANIZATION, OR LIQUIDATION, DAJ DARYA RESERVES THE RIGHT TO TRANSFER, SELL, OR ASSIGN THE INFORMATION THAT WE HAVE COLLECTED FROM USERS.
DAJ DARYA ALSO RESERVES THE RIGHT TO DISCLOSE USER INFORMATION IN THE GOOD-FAITH BELIEF THAT IT IS REQUIRED TO DO SO PURSUANT TO JUDICIAL OR OTHER GOVERNMENTAL SUBPOENAS, WARRANTS, OR ORDERS, OR TO DISCLOSE SUCH DATA TO A GOVERNMENTAL INSTITUTION THAT HAS ASSERTED ITS LAWFUL AUTHORITY TO OBTAIN THE INFORMATION.
DAJ DARYA ALSO RESERVES THE RIGHT TO DISCLOSE USER INFORMATION THAT WE BELIEVE, IN GOOD FAITH, IS APPROPRIATE OR NECESSARY: TO TAKE PRECAUTIONS AGAINST LIABILITY; TO PROTECT DAJ DARYA FROM FRAUDULENT, ABUSIVE, OR UNLAWFUL USES; TO INVESTIGATE AND DEFEND OURSELVES AGAINST THIRD-PARTY CLAIMS OR ALLEGATIONS; TO ASSIST GOVERNMENT ENFORCEMENT AGENCIES; TO PROTECT THE SECURITY OR INTEGRITY OF THE SITE; OR TO PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF DAJ DARYA, OUR USERS, OR OTHERS.
- Contact Information. Any comments, complaints, or requests for further information can be directed to email@example.com, + 972 544 211 555, or Daj Darya, 30 Hei Be’iyar, Kikar Hamedina, Tel-Aviv, Israel.