TERMS OF USE |
Part A: Conditions of use Definitions 1. In this set of terms and conditions the following terms will be interpreted as follows: 1.1 “the site” – the website including all the pages related to it that appear under the internet domain name www.2hair.co.il and its owners, employees, management and operators. 1.2 “content” – any information that can be entered on the site – including video, voice recordings, text excerpts, advertisements, links, graphical elements and the like. 1.3 “hacking” – use or viewing or access to portions of the site that are not open to browsing by general users of the internet and/or use of portions of the site open to browsing by general users of the internet in a manner that is open to all users. Likewise, any attempt to damage the content of the site, its format, free access to it and the like will be considered as hacking. General Terms 2. The language used in the terms and conditions statement is in the masculine form, solely for convenience purposes, but refers to males and females equally. 3. This site is intended for commercial purposes. 4. These terms account for a legally binding agreement between you and the site. 5. Your entry into the site and use of it, including browsing without purchase, including the content included within it and the different services operating on it, express your consent and approval of that stated within the following terms and conditions statement and privacy policy. Upon purchase of a product all clauses of the general terms and conditions statement especially the section on product purchase on the site will be considered a part of the purchase agreement between the buyer and the site. 6. Use of services on the site even through another site accounts for consent to all terms in this general terms and conditions statement, including the privacy policy. 7. This statement of terms of use and conditions applies to every user of the site whether you are advertising on the site, a customer, a merchant, uploading content, receiving information or performing any activity and any other use of the site. 8. This site is a site for the sale of products that are distributed by the business____________________________________(herein “the business”) and is intended for performing purchase transactions of the abovementioned products only. 9.The manner in which the site allows communication between the business and the buyers can be in the form of direct communication, bids, public auction, group purchase and/or through any other means according to the sole discretion of the site in each individual instance. Use of the site accounts for a forfeit to any claim on your behalf as it relates to the manner in which communication was expressed to you with the business. 10.The site is entitled to perform any change in this terms and conditions statement, including the privacy policy from time to time without any prior notice. These conditions will be valid upon their publication. Use of the site and the services related to it after the date of the publication of the changes will be considered consent to the updated terms. 11.If you do not agree to the terms of use and the privacy policy included in the statement of terms of use and conditions, in their entirety or partially, you must cease from using the site or any component included within it. 12.If you are legally barred from being bound by contracts or use of the site accounts for a violation of the law in the country you are residing or from which you are accessing the services on the site – you are prohibited from using the site. 13. Use of the site accounts for your consent that you are solely responsible for any damage or losses that are caused as a result of the use, including that which is due to violation of rights or obligations towards the site and/or third parties. 14.Excluding any content that was uploaded to the site by users any other content on the site including and not limited by: text, source code, programs, script, graphics, pictures, audio, video clips and any other characteristic of content and/or services and/or applications on the site are owned by the site and the site reserves all its rights to them including and not limited by copyrights. 15. This terms and conditions statement is the comprehensive policy of the site and comes in place of any other policy that was previously valid and any prior agreement that you may have with the site, as many as they may be. The site is entitled to change the terms and conditions statement at any time, for any reason and make any changes according to its sole discretion without having any obligation to provide prior notice of such. It is recommended that you visit the site from time to time in order to see if changes were made in the terms and conditions statement. 16.You are aware that the site is not obliged to provide you with any notice relating to changes in its format, contents and/or other feature in advance. 17.You are aware that the site is entitled to cease its activity and the services provided on it at any time without any prior notice. 18.You oblige to reimburse the site, its employees, managers and/or any of its representatives for any damage, loss, loss of profit, payment or expense that they will incur – including lawyers work fees and legal fees – due to violation of these terms of use and the privacy policy. 19.If it is determined that any clause of the clauses of this terms and conditions statement is no longer valid then the statement will be interpreted as if the clause was intended for the consideration of the parties and where all other clauses of the statement remain valid. 20.Only the laws of the State of Israel will apply to the use of the site. The courts of Tel Aviv-Yaffo will be the only local authorities. Use of the site 21.You are authorized to use the site only if you are above 18 years of age and you are legally capable of being involved in business transactions that are offered on the site. If you are below the age of 18 you must use the site while supervised by an adult responsible for you and in this case the responsible adult will be considered the user on the site. 22.You affirm that any information provided to the site will be correct and accurate. 23. The site is entitled to prevent the use of the site by any person or legal ficiton according to its sole discretion. The limitation can be temporary or permanent for a portion or all of the site services. 24.The site cannot verify the identities of its users, including their age, country of residence and the like. 25. The site is entitles to make changes of any kind or form in its format and contents, in order to improve the service provided to its customers or for any other end without any prior notice. 26.As long as the purchase and sale of a product is subject to taxes, fees and/or levies and/or any other payment, in your country of residence or nationality or in the country the service and/or product is provided in you are solely responsible for the payment of these taxes and the site will not have any responsibility as it relates to this manner, including the responsibility to inform you of the existence of such taxes, except for VAT in Israel that is included in the price of the product and is collected by the business by law. 27.The site is entitled to make changes of any kind and sort in its format and contents, in order to improve the service provided to its customers or for any other end without any prior notice. 28.Upon use of the site you agree to abstain from performing the following acts and agree that their execution will account for a violation of this terms and conditions statement and will allow the site to block you from using the site without subtracting from the validity of any other means in possession of the site for enforcing this terms and conditions statement. 28.1 Distribution or duplication of any part of the site except through the means that exist on the site for doing such (embedding, sharing on Facebook and the like) unless you have received prior permission in writing from the site owners. 28.2 Making changes in the site, hacking into parts of the site that are prohibited to be used, access to private information of other users in an unauthorized manner. 28.3 Disruption or an attempt to disrupt the site activity and/or the security mechanisms of the site and their character, including characteristics that prevent the use or duplication of content that was uploaded by other users or the site itself or limit the manner in which it is possible to use the contents on the site. 28.4 Sale of access to content on the site. 28.5 Sale of an advertisement or sponsorship or any other form of sales promotion for the content available on the site.
28.6 Commercial use of the site content in a way that competes with the site. Legal sale of products on a competing site will not be considered prohibited use in and of its own. 28.7 Use of the site in a manner that violates copyrights. 28.8 Use of the site in a manner which involves publication of seditious libel. 29.You agree to not collect any personal information of any user on the site, excluding data that is posted by users or the site, for the purpose of making contact with them or for executing a transaction with them and you commit to not use the information unless for these ends. 30.You agree to not operate or use any automatic program, including and not limited to, any robotic, scanning application or offline reader that accesses the internet site. This does not include cases where the use of automatic systems is for the purpose of advertising the site itself or specific content from the site on search engines` site indexes. In any case of use of the site through programs, it will be done in a manner that does not overload the transfer of information on the site, does not bypass the limits of use of the program that have been set on the site and does not violate, in any manner, the orderly activity of the site. 31.It is forbidden to download, copy, duplicate, distribute, transfer, broadcast, present, sell, give license, lease or use the content belonging to the site for any ends that is not given prior written permission for from the site management. Purchase of goods on the site 32.The responsibility for the quality of the product is solely that of the manufacturer and/or the importer of the product, in accordance with customer protection laws and policies. 33.The data that appears on the site for the products are as they were received by the site by the manufacturers and/or importers, and they are solely responsible. The site will not be responsible for the contents of the abovementioned data. 34.The data on the site for each product is only general information and these data should not be considered as a guarantee for any outcome, or any form of responsibility as to the way a product works and one should not rely on the abovementioned data in any way. These data which appear on the site should not be considered medical information or a medical recommendation. 35.The site and/or anyone on its behalf will not be held responsible and will not compensate for damages, whether direct or indirect, that will be caused by a user and/or any third party as a result of a product sold on the site and/or use of the site and/or purchase through the site and/or from relying on all the information and/or data that appears on the site. 36.The images on the site are for demonstrational purposes only and should not be considered an obligation of the site and/or its representatives that the product that will be sent will be identical to that which appears in the image: as to its form, size, color or any other characteristic. 37.Those entitled to purchase through the site are adults (a person over the age of 18), who are Israeli citizens, owning valid credit cards of one of the Israeli credit card companies and a shipping address within the borders of Israel for shipment of the product. 38.The shipment cost is not included in the price of the product that appears on the site. The buyer is required to pay the shipping cost in addition to the cost of the product. The buyer can choose between registered mail shipment, and shipment by courier (the cost of the shipment will be detailed at checkout). When purchasing items of value greater than 300 NIS no shipment fee will apply. 39.The time of delivery of a product that is shipped by registered mail will be provided according to the services of the postal authority and the site does not commit to any delivery times. A product that is shipped by courier mail will be delivered within 7 business days. 40.A buyer will be entitled to cancel a purchase within 60 days after receiving a product at any stage as long as the product is returned to the site address in its entirety in its original package without any damage and as long as it is unused. If a transaction is cancelled as detailed below the entire value of the product will be returned less the cost of shipping. 41.The site reserves the right to cancel a purchase with written notice to the buyer, which will be communicated to the buyer through a message to an email address which has been provided by the buyer when performing the purchase, and as a result of one of the following reasons: 41.1 If there is an error in the product description and/or the cost of the product. 41.2 As a result of external factors which include wars, acts of hostility, terrorism, natural disaster and any other unexpected event that prevents execution of the transaction including technical difficulties. 41.3 If confirmation has not been received by the credit card company for a given transaction. 41.4 If the product is no longer in stock. Uploading content to the site 42. Uploading content to the site includes your consent to absolutely forego any fundamental claim or privilege relating to the content that was uploaded. 43.The ownership of copyrights and any other right that derives from the ownership of the content that was uploaded to the site remain yours, but upon uploading content to the site you give license to the site to make use of the content as detailed below: irrevocable international, non-exclusive license, without royalties and can be transferred or sub-licensed – for use, duplication, distribution, editing, producing works derived from it, presentation, broadcasting and performance that are related to the content that you uploaded to the site, whether on the internet or on other forms of media. 44.You consent and are aware that the site is entitled to use any content that you upload to it along with advertisements including advertisements placed beside the content, before it is posted and afterwards, on the content when it is posted and so forth. Likewise, the site is entitled to use any content that you upload to it on other sites and/or other forms of media (such as television) for the purpose of promoting the site and access to it. 45.The site is entitled to sell its rights to any content that you upload to the site to third parties without any limit. 46.The content that is published by you on the site may be published on other sites that are not related to the site. In such a case, you will not be able to make any claim and/or demand and/or litigation against the site due to such publications. 47.Whenever you will want to advertise content directly from the site you must include a link to the site in the advertisement. 48.You consent and are aware that the site is entitled to promote content in a manner that will stand out, on primary pages, on other sites, on other media and/or in any other manner. The choice of content that will be promoted is subject to the sole discretion of the site. 49.You cannot upload any content to the site which you do not own, that is illegal or whose uploading to the site is illegal. Violations of the terms of use and conditions 50.The site is entitled to prevent a user who has violated copyright law, uses the site to distribute seditious libel and/or distribution of content which is not compatible with the character of the site from accessing the site. 51.You consent that the site will remove any content that is not appropriate to be presented on it according to the sole discretion of the site or if the site has a minimal basis to believe that it violated copyrights or accounts for distribution of seditious libel. 52.You oblige to compensate the site for any damages that will be caused to it as a result of your violation of the conditions of this agreement or violations of the law and/or the rights of third parties when you are using the site. Limitations to the responsibility of the site 53.You are solely responsible for your use of the site. You absolve the site of any responsibility as to the application and/or the use of that which is on the site, whether it was created and/or uploaded to the side by other users or by the site. The site does not operate any malicious software or spyware but you are aware that websites are vulnerable to malicious use and the implantation of spyware and malicious software and viruses and that their distribution cannot always be prevented by the site without the intention of its operators. You hereby absolve the site of any responsibility of damage that may be caused to you due to disruptions, as mentioned, to the site that were caused by an entity that is external to the site. 54.The site is not responsible for any damage that may be caused to you and/or others due to content such as information, text, usernames, images, audio and video files, and links that are posted on the site by users, including violation of copyrights or other protected rights as well as emotional distress or any other damage that you may experience as a result of the use or viewing of the site contents. 55.You are aware that the use of the site can expose you to content which is incorrect, not accurate, offensive, hurtful etc., and you forego any legal right and/or any other right that you have or that you will have against the site in relation to the articles which were sent by other uses. 56.The site allows search engines to use the scanning applications which are related to them in order to copy material from the site for the purpose of producing public indices only, that allow one to find these materials in a search. The site reserves the right to deny this possibility in a general or specific manner. 57.The site has no control and is not responsible for the content, the privacy policy, security and/or any other characteristic of other internet sites in which the contents of the site are presented and is also not responsible for the content, privacy policy, security and/or other characteristic of internet sites whose links are included in the content that appears on the site – whether these links were inserted through advertisements or through users’ content. 58.The site does not guarantee constant and undisrupted access to the site. The functioning of the site can be subject to disruptions by entities which are not under the control of the site. Likewise, the site is not responsible for the availability of other sites that it is linked to, is not responsible for the correctness or accuracy of the advertisements which appear on the site by external entities and advertisement on the site does not constitute any responsibility of the site for the advertisement. By using the site you approve and consent that the site is not responsible for any damages that may be caused to you as a result of the faith that you put in the advertisements that appear on the site and/or the availability of the resources offered in these advertisements. 59.The site is not responsible that the use of it and/or the content that is uploaded to it by users and/or in advertisements which appear on it will comply with your demands or wishes, will function without disruption, will be secured or without error, that the information that appears in them will be accurate and believable, if they are posted by third parties. 60.Likewise, the site is not responsible to you for any damage that is direct or indirect that was caused to you as a result of one of the following: 60.1 Faith that you put in an advertisement which was made on the site or as result of transactions that you made due to such an advertisement. 60.2 Changes that the site makes in its presentation, contents and/or any other of its characteristics or as a result of the site’s temporary or permanent shutdown. 60.3 Deletion, limits to access or damage to storage of information that was uploaded by you to the site. 60.4 Breaching of the site by “hackers” or unauthorized users and as a result, copying of the personal content that you transmitted to the site. Part B: Privacy Policy General 61.This privacy policy is intended to explain to you what information is collected during your use of the site, what use is made of the collected information and how the site protects this information. 62.The information we collect is divided into two parts: 62.1 Personal information related to the user – the site does not gather and/or use your first name, last name, e-mail address, phone number, ID number, occupation and personal identifying information (herein: “personal information related to the user”), unless they were provided by you to the site of your own will. In such a case, personal information related to the user will be used according to this privacy policy. 62.2 Information that is not personal that is related to the user - the site collects, saves and uses general information that is not personal and is related to the user, such as IP address, browser type, pages viewed, time of visit on certain pages, date and time of visits, the general location of the IP and the like. Use of Cookies 63. The site is entitled to use “cookies” (a small file that includes a string of characters that is sent to the computer or to any other device of yours and provides your browser with a unique ID) during the time when you browse the site or when using it through other sites. The site uses these files in order to improve the quality of service, including to save your user preferences, improvement of search results and tracking trends of use, such as the manner in which users perform a search. 64.In addition the site may permit third parties to install “cookies” on your computer. These are similar to the “cookies” of the site, but they come from servers that are controlled and supervised by those third parties, such as advertisers on the site, who use them in order to collect information about the use you make of the site that also serves the third parties 65.You have the option to choose, through the browser that you are using, to not accept “cookies”, whether they are from the site of from third parties. However, certain characteristics and services of the site may not work properly if the browser is set to block such files. The way the information is used 66. The transactions executed on the site are paid for through credit card clearance on secured websites that specialize in this and are not controlled by the site. The site does not collect credit card information and any credit card information received by the site will be guarded in accordance with the law and no use will be made of it. 67.Whenever you submit “personal information related to the user” as a part of or in anticipation of a transaction – the information will only be used for performing the transactions with the business and their completion. The business and the site will not be allowed to make any other use of this information. However, if “personal information related to the user” is submitted in a place on the site that is to be made public, such as a review of a product or the like – then the site and the business can make any reasonable use of the information in this case, including its posting on the site. 68.Without deducting from that which is mentioned above, the site is entitled to make use of the “personal information related to the user” to contact you if necessary, such as in the case of delivery of the product, following up on a complaint and/or suspicion of violation of copyrights or the like. 69.Likewise, the site is entitled to use the “personal information related to the user” even if your consent was not given in the following scenarios: if you violate the terms of use of the site and/or if the site is subpoenaed to be required to reveal the personal information that is related to you and/or in any case of a dispute, claim, litigation, demand or legal proceeding between you and the site and/or in any case in which the site is required to do so under law and/or to prevent suspicious activity or illicit activities, whether they are related to the site and whether they are not and/or to another party in the case where the ownership of the site is transferred to that party and only if that party continues to operate the site according to this policy and/or to guard the rights, assets, or personal safety of the owners, managers and operators of the site and/or individuals related to them and/or the other users of the site. 70.The site and third parties related to it use the “personal information related the user” that is collected in order to” improve and customize the site, the contents and the services presented in it, to your personal needs and preferences and/or for statistical purposes such as general user statistics, including demographical and geographical information and/or to find and tend to malfunctions in the site and/or in order to examine the effectiveness of the marketing and the marketing of the site among advertisers and/or for other legal purposes, as long as your personal identity is not revealed through such use. Information Security 71.The site uses technical and organizational means in order to make sure that there is no unauthorized breach into the information that is found in the site and that it will not be used and/or changed and/or replaced. However, the site cannot guarantee that unauthorized third parties will not succeed, despite these means, to breach the site and make use of the technical information for improper uses, including use of the information that is stored in order to personally identify you. 72.You acknowledge and accept that the computer systems and the transfer of information through the internet are not absolutely secure, and that there is no protection that guarantees that information that is stored on computers or transferred through the internet is immune to unauthorized access, use, change or damage by others. |
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