Terms of Service
Please read the terms of service, as they are. The terms of service contain important information regarding legal rights, remedies and obligations of the users of the website.
The terms of service include a clause that regulates the local jurisdiction for legal disputes and liabilities of parties to comply with relevant laws and regulations.
Introduction
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KOSHERWHERE Inc. (hereinafter: the "company"), is a company which has developed a Kosher food ordering system which has been implemented in the company's website (hereinafter "the company's website" and/or "Website").
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The company operates a website which provides a convenient and safe platform for purchasing kosher food all over the world, using e-commerce.
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The provisions of these regulations apply to any use and purchase made by you on KOSHERWHERE website, and constitutes the legal basis for any discussion between you and the company. Therefore, you are requested to carefully read the provisions of these regulations.
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The services that the company provides through its website and/or through compatible mobile applications, avails the information contained in them by use of the website. Therefore, you agree to comply with and abide by these terms of service ("terms"). If you are not interested in becoming a registered user of the services, these terms apply to your access and use of the website and service as well as to other contents therein.
If you do not agree to a term of the regulations, you are requested to not use the website.
Undertaking any purchase means that you entirely consent to the stated terms in the regulations.
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The titles of the clauses of the regulations are designed for the convenience of the reader only and will not be used, in any form, as an interpretation of the content of the clauses.
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The reference in the masculine singular form is for convenience only. These regulations are directed and intended for both men and women and must be seen as such.
Key terms
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"KOSHERWHERE's content" means any content appearing on the website or its services, including any third party licensed content, excluding user registration content.
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"Order request period "means the period from the date of placing the order by the user (as determined by KOSHERWHERE as per its sole discretion), until the date in which the supplier confirms and/or delays the content of the order and its actual delivery date.
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"Collective content" means Company's content and KOSHERWHERE's content.
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"Content" means text, graphics, images, music, software, audio, video, data or other materials.
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"User" means a person who wishes to place an order of kosher food through the website or its accompanying services.
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"Supplier" means a food supplier listed on the website and accompanying services.
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"Registration" means entry of personal data on the website by the user and / or supplier.
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"Placing an Order" means a person who completes the registration process and the opening of an account on KOSHERWHERE website in order to place an order.
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"Company Content" means any content that the user is exposed to by the company such as: messages, files, publications on the website or services provided by the company and/or its suppliers.
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"Tax" or "taxes" means any sales tax; value added tax (VAT), goods and services taxes (GST), transient taxes.
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"PayPal Account" means an account for the deposit of funds via electronic media, which is used by the company, its suppliers and website users for transferring payment for the service provided.
General provisions
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The company allows you to purchase kosher meals and obtain various content and services via the website in the safest and most convenient way, all from different service providers operating on the website and that are located around the world.
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The company examines the different service providers and ensures that they meet the terms of the company, before allowing them to present their products on its website.
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The use of the website is intended for those who possess a valid credit card and for private, non-commercial use only.
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The company maintains its rights to make any changes on its website, edit its contents, its design and/or make any modification in it and in its structure, as well as its full and/or partial termination - all according to its exclusive discretion.
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To place an order of kosher food on the website, you need to select the destination in which you intend to stay as well as your period of stay. Then, replicas of kosher menus and cooking styles will open up, as well as information on restaurants located in the area where you intend to stay.
These restaurants will provide you the kosher food which you will choose for the entire period and/or for a specific time period that you will determine in advance. The kosher food will be delivered directly to your location during your stay abroad.
You need to select the food that you would like to order and proceed to the page which contains additional information about the food that you wish to purchase.
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It is important to emphasize that the company acts as an intermediary between the service and food providers and the customer, therefore the company is also subjected and related, among others, to the rules and conditions of the food suppliers. These rules can be checked on the website of the food supplier which was selected by the customer.
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It should be noted that all the services which are provided to the customer, are under the sole responsibility of the service providers listed on the website. The company relies on the publications of the different suppliers and the Company is not liable for their absolute accuracy.
The customer may not raise any claim with respect to lack of knowledge of the terms and / or against their statements after the fact.
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The Service providers are kosher restaurants, kosher catering companies and Chabad houses spread around the world (hereinafter "service providers").
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The company offers you a convenient and safe platform for ordering kosher food during your stay abroad from various and different service providers, in accordance with the availability and capabilities of the providers as listed on the website. And this by using a system that was created and implemented by the company in its website.
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For the avoidance of doubt, placing an order through the website does not constitute a confirmation from the company with regards to the placement of the order. Final confirmation of your order and your credit card charge will be carried out only after obtaining final approval from the product provider about its ability to supply them at the customer's required dates and after obtaining confirmation from the credit card companies.
The order confirmation will be sent to the customer via a text message to the phone number provided during the ordering process or by sending an e-mail to the e-mail address provided during the order.
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All the ordered services are considered as request only, until approval by the supplier. The responsibility to carry out actual services lies solely on the supplier and the company is not responsible in any form, whatsoever, for any failures caused by improper execution of services related to the service providers.
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In the event that the credit card has not been approved by the credit companies, the customer will receive an appropriate notice through the email address he provided in the ordering process . For the avoidance of doubt, the order will be valid only after obtaining a confirmation from the credit card company, the supplier's confirmation as stated above, and after receiving an order number by email.
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The responsibility for changing an order and / or a destination which have been entered in the system for the provision of an order lies solely on the user.
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You acknowledge that you have read the website Terms and that you agree thereto and assume all responsibility with regards to your actions and obligations under the terms of use of these regulations.
Kashruth
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It should be emphasized and clarified that the company is not responsible in any form whatsoever on the kosher form which exists for service providers wherever they are. The company obliges service providers to hold kosher certificate valid as long as they use the system and the company's website.
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The customer is given the option to obtain all the information that exists on the service providers listed on the website and decide for him whether the service provider meets the halachic requirements. Therefore, the customer may not raise any claim against the Company and / or discontent and / or accusation of misrepresentation with respect to the kashruth of the service providers, as stated above.
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The customer is required to place the desired order from the service provider of his choice, approximately three days before reaching the destination where he will stay. All in order to enable the supplier sufficient amount of time required to deliver the order in its entirety.
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Upon confirmation of an order, the Service providers undertake to provide the food which was ordered by the customer at the dates determined between the customer and the supplier at the time of ordering. The company does not will not warrant for the delivery dates set between the parties and a delay of up to two hours before Shabbat begins and/or holiday eves will not be considered a delay in the delivery.
Media and Content
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All images and the content displayed on the company website are for illustrative purposes only. The Supplier undertakes to provide the user with the products listed in the menu according to the order and not in compliance with the pictures presented on the website.
Account Registration
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In order to place an order through the system, you must create an account ("KOSHERWHERE account") and become a user. The registration is done directly through the website.
Getting the order
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The service providers will supply the customer the ordered food in a concentrated delivery and/or in stages, all according to the customer's requirements, when most of the food is in a frozen form and divided into portions which were ordered by the customer.
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For the avoidance of doubt, the customer is aware that this is not an undertaking on behalf of the service providers to provide hot food (as is customary in frontal orders in restaurants), but rather a supply of kosher food upon order, being fresh and cooked and sometimes frozen and ready to heat when necessary. Therefore, the customer will have no claim and/or demand against service providers and/or the company in respect of the form of the food supply as stated above.
Eligibility to Use the System and Placing Orders through the Website
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Any user is entitled to use the system and place orders and carry out food purchases via the company's Website subject to the fulfillment of the conditions listed below:
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The customer is eligible to perform legally binding actions. If you are a minor (under 18) or you are not eligible to perform legal acts without the consent of a guardian, your usage of the system and the company's website for ordering purposes will be considered as one that obtained the consent of a guardian.
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As the user orders food and / or services for other persons and / or additional persons besides him, these regulations apply fully to them. It is clarified that the responsibility regarding the other persons lies on the user.
For the avoidance of doubt, use of the system and the company's website constitutes your agreement to these terms of use and the usage rules and truly honest Act.
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It is prohibited to use the system and the website when processing an order while taking a false identity and / or impersonating another person.
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For the avoidance of doubt, the use of the system and the company's website constitutes acceptance of these regulations and rules of use and commitment to act accordingly.
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A user who will use the system and the company's website in contradiction to the rules of use or the provisions of the law will bear sole responsibility for his actions including any direct and/or indirect damages caused to the company and/or any other person, and shall be obliged to compensate the company and indemnify it and/or anyone acting on its behalf for any direct and/or indirect damage, including loss, loss of profit, payment or expense they have incurred, including legal fees and court expenses.
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The company is entitled to terminate and/or block the use of the system and the company's website for a user who made a wrongful usage, contrary to the rules and/or provisions. However, the discontinuing of usage does not exempt the user from liability as aforesaid and/or does not constitute consent to such action.
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The company maintains its right to modify at any time the regulations of use of the company's website and the system. For any use and/or order placement through the company's website, the regulations and rules of use which were provided shall apply when using the company's website and/or performing operations on it.
Koshwair Company maintains its right, at its sole discretion, to modify the site and services, as well as to change these conditions at any time and without notice. Should the company decide to change the website terms; the company will publish the change on the site and provide the user with an update on the change that took place.
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A change in regulations, as stated above, will be conveyed to the user once. A condition to continue using the system and the company's website and a confirmation of the regulations terms.
The company takes the usual precautions in order to save as much as possible, the confidentiality of the information. Any transfer of credit card and the company's website is encrypted by. The existence of non-controlled and/or arising from force majeure, the company shall not be liable for any damages of any kind, direct or indirect, caused to you and/or any of your liking if this information is lost or if unauthorized use.
Confidentiality and Providing Personal Data
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The Company is taking the customary precautions in order to preserve as much as possible, the confidentiality of information. Any transfer of a credit card number in the system and on the company website is encrypted as per standard. In the event of existence of cases which are beyond its control and / or resulting from force majeure, the Company shall not be liable for any damages of any kind, indirect and / or direct caused to you and / or anyone on your behalf, if this information is lost or will be used without authorization.
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Personal information that was provided to the company have been transferred to a third party by virtue of a court order and / or provisions of the law, and in the case of employing and / or caution before undertaking any kind of legal proceedings against the Company.
Service fees
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In return for use in the system which was developed by KOSHERWHERE and the use of the website, KOSHERWHERE charges a service of 10% of the value of the order ("Service Fee").
The service fee derived from the total transaction amount of the order ( subtotal items and shipping costs, etc) , the service fee is being shown on the checkout page. The entire payment is completed through the PayPal account. The balance of the payment will be transferred by KOSHERWHERE to the supplier by check, PayPal, direct deposit or other payment methods, as described on the website. Amounts may be rounded either up or down, as described in the "rounding" clause below.
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For the avoidance of doubt, KOSHERWHERE Company may impose or deduct processing costs of foreign currency or of any payment or payments which will be executed by KOSHERWHERE in currencies other than US dollars. More information on costs or deductions as mentioned above shall be available via the website. Additional information is available on the company's website. For the avoidance of doubt, service fees are non-refundable.
Rounding Amounts
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KOSHERWHERE company may, at its sole discretion, round up or round down the amounts paid by the user to the supplier and/or by the supplier to the user according to the following model:
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43.for example the dollar, euro or other supported currency downwards; i.e., KOSHERWHERE will give the option of rounding the sum of 201.50 $ to 202.00 $ and a sum of $ 201.49 to $ 201.00.
Change of Orders/Cancellation of Orders and Refunds
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For the avoidance of doubt, the provisions of the consumer protection law, 5741 — 1981 (hereinafter: "the law") with regards to the cancellation of a transaction as as for goods and services provided as stated in Section 14 (d) (2) of the Act.
Therefore, it is possible to cancel an order and/or modify the content of the order no later than 72 hours from the date which has been set for the actual supply of food.
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Any cancellation and/or modification of food order after the deadline stated above will not entitle the customer a refund for the payment, and the company will charge, for the supplier, the full payment paid by the user for his order regardless of the reason for the cancellation.
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However, each supplier has a refund and order cancellation policy which is unique to its business and therefore, the user must refer first to the supplier in order to obtain the refund, if there is such, according to the policy of the supplier with which the order was placed.
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However, the company will be entitled to cancel the transaction in the event of a technical failure and/or typography and/or other mishap. Furthermore, in the event that the company decides to reimburse the user and grant him a monetary refund due to a cancellation of the transaction by the company, the company will grant a refund as per the exchange rate by which the transaction was invoiced. This, without any addition of linkage differentials and interest.
Disclaimer
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the customer gives his consent that the company and/or anyone acting on its behalf shall have no liability with regards to for direct and/or indirect damage, , incidental damages, penalties, special or consequential damage and/or for any other damages of any kind, including and without prejudice to the generality of the foregoing, in connection with the supply of products and the order and/or in connection with the non-supply of the products on order , or in connection with any information, content, product, service obtained through the system and use of the company's website, and/or due to software failures and/or end equipment, communication lines and/or in connection with any damage or loss otherwise arising in any manner from the use of the system and the company's website, whether based on agreement and tort, the absolute liability and / or any other cause, even if known to the company and/or anyone acting on its behalf for the potential damage or loss of such damages .
Additional Terms
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The company is not responsible for the contents and the representations published on the company's website which lead to links to websites that can be reached via these links.
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50.In the event of a typography in a product description as it appears on the company's website including mistake in a price of a product, it shall not bind the company, and in such cases the company reserves the right to cancel the transaction.
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The company shall not be attributed to an opinion with regards to the nature and / or quality of the products displayed on its website.
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All correspondence listed when filling out order forms and the representations displayed on the company's website constitute prima facie evidence of their accuracy.
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The exchange rates according to which the charges will be calculated are dollars or Euros highest rate of exchange for transfers and checks on the business day preceding the actual payment date, and in accordance with the consumer protection law.
Copyright and Ownership Rights
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Copyright, intellectual property and any other right of the company's Website and the system, the design of the company's website, the files and graphic designs are the property of the company.
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The website, services and the collective content are protected by copyright, trademark and other laws of the State of Israel and/or foreign countries.
You acknowledge and agree that the website, services and collective contents which include all related intellectual property rights, are the sole property of KOSHERWHERE. Therefore you shall not remove, will not change and/or obscure any copyright, trademark, service mark or other proprietary rights notices contained in and on the website, its services or collective contents.
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It is prohibited to make any public use of materials displayed on the company's website without the company's approval.
Miscellaneous
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Any disputes arising as a result of the interpretation of these regulations and/or its enforcement shall take place in accordance with the laws of the State of Israel.
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Any demand and/or claim and/or lawsuit against the company will be delivered to the company no later than 7 days after the return of the user to his country.
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The company may change these regulations at any time upon its sole discretion.
Contacting KOSHERWHERE
KOSHERWHERE Company wishes you an enjoyable stay abroad.
In case there are questions about the terms of use of the website, please contact the company on its website and we will be happy to answer your questions.
info@kosherwhere.com
Israel: +972-72-3700-552
US/Canada Toll Free Number: 1-800-746-3913