JDinner – Terms of Use
Effective Date: 28.07.2024
1.1. The use of the “JDinner” website (hereinafter: “the website” or “the service”) is subject to the terms of use detailed below (hereinafter: “Terms of Use”), including the provisions of the privacy policy and in accordance with any law. Use of the website constitutes your explicit consent (hereinafter: “the user”) to these terms.
1.2. The use of the website is for lawful purposes only and is permitted only for adult users who are legally competent or for corporations.
1.3. The purpose of the Terms of Use is to clarify the relationship between the operator of the website (hereinafter: “the operator”) – JDinner (E.D 029256104), and any individual and/or entity entering the website and/or using the services of the operator. Use of the website constitutes your agreement to these terms and your commitment to act in accordance with them. If you do not agree to any of the terms of use, do not use the website. The operator reserves the right to terminate your use of the website if you do not comply with one or more of the terms of use.
1.4. The Terms of Use determine your access to the website and apply to any use you make of it, including information, content, and services that appear on it or links to other information sources provided in or through it, and they form the legal basis for any engagement or action you take within this framework.
1.5. The operator reserves the right to terminate your use of the website if you do not comply with one or more of the terms of use detailed below and reserves the right to update the terms of use from time to time, at its sole discretion and without the need to provide any prior notice. It is hereby clarified that the binding and determining terms of use are the ones published on the website at the time of your use of the website. Therefore, before taking any action on the website, you are requested to read, very carefully, the terms of use, including the privacy policy. If you do not agree to any of the terms of use, please refrain from using the website.
1.6. In the Terms of Use and all texts appearing on the website, singular shall also mean plural and vice versa, and masculine shall also mean feminine and vice versa, all according to the context. The Terms of Use are written in masculine form for convenience only and do not imply any discrimination or harm of any kind.
1.7. These Terms of Use constitute the entire agreement between the parties and supersede any agreement, proposal, or representation made previously, in writing or orally, concerning its subject. In case of any contradiction and/or discrepancy of any kind between the content of the website and the provisions of the Terms of Use, the provisions of the Terms of Use shall prevail and apply.
1.8. It is hereby clarified that the operator reserves the right to change and/or cease at any time the operation of the website in whole or in part according to its sole discretion and without any need for prior notice without the user having any claims against the operator due to this.
1.9. The service is active 24/7. However, the website may be down from time to time due to malfunctions beyond the operator’s control, which may occur at any time, and/or due to various maintenance works and/or for other reasons, and the user shall have no claims against the operator due to this.
1.10. For any question, clarification, comment, or issue related to the service, you can contact the operator via email at XXX. It is hereby clarified that changes to the contact details mentioned above may be made at the sole discretion of the operator without prior notice, and the user shall have no claims against the operator due to this.
1.11. It is clarified that currently; the use of the website is free of charge (except for the purchases themselves). However, the operator reserves the right, at its sole discretion and without prior notice, to charge for the use of the website or parts of it.
2.1. “Content” means the website, information about hosts, the web pages included in them, the classification, arrangement, and presentation of the information, and any other form of illustration included in them, in mailings, and in text messages.
2.2. “Service” means the website, including accompanying instructions and guidelines, related products and services, accompanying personal support services, if and as provided, and any change and/or amendment of the above as may be completed by the operator from time to time at its sole discretion.
2.3. “Account” means the account opened as part of the service in your name as a registered user, or any use made of our service without opening an account.
2.4. “Website Errors” mean any disruption in the availability of the website caused by reasons not directly under the control of the operator.
2.5. “You” and “Users” mean, among other things, individuals and entities authorized by us to use the service, as well as your employees, consultants, contractors, and agents and/or third parties with whom you conduct business, including guests.
2.6. “Hosts” means users who offer other users, including guests, to host them.
2.7. “Your Data” means all the data and/or electronic information submitted by you and/or collected by the operator on the website during the use of the website.
3.1. The content appearing about hosts on the website is edited by the hosts and/or their representatives who use the services of the operator. It is clarified that the operator has no control over the sources of the information and content, and therefore the operator assumes no responsibility for the information and content published by the hosts on the website. The operator is not liable for their quality, accuracy, validity, completeness, or suitability for any purpose.
3.2. It is clarified that any publication on the website must be done according to the law, and the user undertakes that any action performed on the website, including, but not limited to, publication, hosting, offering to host, and more, will be done according to the provisions of the law.
3.3. The operator shall not be liable for any damage or harm, direct or indirect, of any kind, caused to the user as a result of the use and reliance on the content and service offered and published by the hosts on the website. The user shall have no claim for reliance on the information published by the hosts on the website and as a result, not using other services, including but not limited to hosting by other hosts whose details are available on the website. The user shall have no claim regarding information published on the website, and the operator shall not bear any responsibility towards the user regarding information published on the website and/or information received by a third party through the website, including any information uploaded by the hosts.
3.4. The operator does not guarantee that the links on the website and/or in the mailings sent to the user will be active and lead to an active link. The presence of a specific link on the website does not mean that the content of the link is reliable and/or complete and/or up-to-date, and the operator shall not bear any responsibility in this regard. Without derogating from the above, the operator is not responsible for any damage, direct or indirect, caused to the user and/or his property as a result of the use and/or reliance on the information and content appearing in the links reached through or via links on the website.
3.5. The services on the website may be disrupted and/or accompanied by errors and/or not provided in order without interruptions. The operator does not undertake that the website will be immune from unauthorized access to the operator’s computers, damages, malfunctions, failures in hardware, software, or communication lines at the operator or its suppliers or will be harmed for any other reason. The operator shall not bear any responsibility, of any kind, for any damage, direct or indirect, caused to the user and/or the host and/or any third party, or their property, due to this.
3.6. The information and services available as part of the service provided on the website may include inaccuracies or typographical errors. The operator does not undertake and does not declare that the service will be uninterrupted or error-free, or that the faults will be corrected, or that the service or the server providing the service will be free of viruses or other harmful components. The operator does not undertake and/or declare that the use or results of the use of the service or the materials provided through the service will be accurate, correct, reliable, or trustworthy in any way.
3.7. The user explicitly agrees that the operator shall not be liable in any way due to unauthorized access or changes made to the user’s information or messages, whether sent or received by him or not.
4.1. The website allows the user to view offers from hosts whose details will appear on the website. Upon entering the user’s page for each host, the user can view different details about the hosting offered as uploaded by the hosts.
4.2. It is clarified that the selection of hosting types and hosts changes from time to time according to each host’s choice, and the user shall have no claim for changes in the hosting types as mentioned. To remove any doubt, all matters and details related to the hosts are uploaded by the hosts and not by the operator, and the operator has no control over any upload by the hosts.
4.3. The user declares that he knows that the operator does not necessarily check the hosts on the website and does not necessarily verify all the information presented by the host and/or anyone on his behalf on the website, and the user shall have no claims against the operator for any discrepancy resulting from false information received from any host on the website. The above does not detract from the operator’s right to conduct verification, checking, and/or filtering of content uploaded by the hosts as deemed appropriate.
4.4. Any transaction resulting from a publication by the hosts on the website and/or following the user’s use of the website will be concluded directly between the user and the hosts, and it does not include the operator or anyone on its behalf as a party to the transaction or as responsible for it, even if information or payment is transferred through the operator itself. To remove any doubt, it is clarified that the operator acts as a notice board and a platform for advertising hosting by the hosts; and the operator is not responsible for any malfunction and/or unusual event that occurs and/or may occur between the users and the hosts.
4.5. The operator is not responsible for the content presented by the hosts offering hosting through the website, and it is the user’s responsibility to verify all the relevant details regarding the type of hosting they are interested in and the one they are purchasing, including, but not limited to, the type of hosting, hosting price, kashrut, different warnings regarding hosting (such as the presence of allergens in food), and more. Any claim, lawsuit, or demand that the user may have for hosting chosen through the website will be directed directly by him to the third party, including the hosts with whom the user was in contact or purchased any type of hosting, and he shall have no claim or demand towards the operator for this. It is clarified that the operator has no ability to examine all the information uploaded and published on the website by the hosts and/or anyone on their behalf, and therefore it cannot perform the filtering and ensure compliance with these conditions.
4.6. In any case of false information publication by the hosts, users are requested to inform the operator whose details appear in these Terms of Use.
5.1. To join as a host in the operator’s services, the user must fill in certain details as determined by the operator, noting that the operator reserves the right to update and/or change the details requested at any time and at its discretion. The operator reserves the right to reject a registration request as a host on the website for any reason and at its sole discretion without being required to justify its refusal.
5.2. During the aforementioned registration, the host is obligated to provide, among other things, the following details:
5.2.1. Personal details and contact information;
5.2.2. Responses to required questions to match between the host and users (for example, but not limited to, whether the meal is kosher, whether there are allergens, etc.); 5.2.3. Any other information that the operator finds appropriate to request from the user before reviewing the request.
5.3. Upon submitting the request, the host declares and commits to meeting the following conditions:
5.3.1. The host is an adult over the age of 18.
5.3.2. The host commits to acting according to the law and commits that all his declarations as detailed on the website are true and not false.
5.3.3. 5.4.
It is clarified that the host commits that all the information provided by him and all his responses will include reliable and accurate information, and he knows that providing false and/or misleading details may, among other things, lead to his blocking from the service without the host having any claim against the operator due to the above. If there is any change in any of the details provided to the operator by the host, he must update the operator about such a change immediately.
5.5. To remove any doubt, it is clarified that the operator’s refusal to approve a host’s request may be for any reason and without any justification. The operator’s decision to refuse a request will be final without any possibility of appeal, and the host shall have no claims against the operator due to its refusal as mentioned.
5.6. Payments for hosting from the operator to the host will be made up to 45 days from the date of each transaction. It is clarified that this policy is subject to changes at the operator’s discretion. Payments will be made in shekels according to the exchange rate received by the operator when converting the amounts transferred to the operator, minus the commissions due to the operator, if certain commissions are determined to be due to the operator.
6.1. The user commits to the operator that he will not send through the website to any third party whose details appear on the website, including hosts advertising through the website, and also commits that he will not upload any content that infringes or violates the proprietary rights of others, including copyright or trademarks; any pornographic or blatantly sexual content; any content prohibited from publication by law, including under court publication bans; any content that constitutes defamation of any person and/or entity and infringes on their privacy; any harassing, insulting, hostile, threatening, vulgar, or racist information; any information likely to mislead any third party; any information contrary to accepted internet use practices or likely to cause damage or harm to internet users in general and website users and hosts in particular.
7.1. Hosting types can be purchased from hosts according to the prices listed on the website by each host using a credit card or in any other way determined by the operator.
7.2. It is clarified that after making a purchase on the website, the host will be entitled to refuse the hosting offer, and in such a case, no charge will be made, and if a charge has already been made, the user will receive his money back for the purchase.
7.3. A user who wishes to cancel or change his order can do so through the website subject to the cancellation conditions detailed at the time of each hosting order. It is clarified that if a cancellation is requested after the times specified at the time of purchase, no refund will be given unless explicitly stated otherwise in writing.
8.1. All intellectual property rights, including moral rights, economic rights, copyrights, trademarks, trade names, patents, designs, trade secrets, and any other rights regarding the website, including but not limited to the content, design, editing, and the presentation and editing of the information appearing on the website, are exclusively owned by the operator.
8.2. Without derogating from the above, the website, content, web pages included in them, the classification, arrangement, and presentation of the information, the advertisements, and mailings sent by the operator, including the classification, arrangement, and presentation of the information and advertisements appearing in them and any other form of illustration included in the website and mailings as mentioned are the exclusive property of the operator.
8.3. It is forbidden to copy and/or reproduce and/or duplicate and/or create derivative works and/or change and/or adapt the content of the website, in whole or in part, for distribution, publication, display, performance, transmission, broadcasting, making available to the public, sale, and/or any other action without prior written consent from the operator.
8.4. It is forbidden to use the content except for the purposes for which it was intended for your private and personal use, as opposed to commercial purposes. It is strictly forbidden to use the content for any other purpose, including promotion, marketing, and advertising of businesses and commercial entities.
8.5. The user commits that he will not publish the content in public, in whole or in part, except under the conditions specified on the website. Likewise, the user commits that he will not publish any product and/or output of the information, whether printed or in a file on magnetic media or any other form, and that he will not copy and/or reproduce and/or duplicate and/or create derivative works and/or change and/or adapt the content of the website, in whole or in part, for distribution, publication, display, performance, transmission, broadcasting, making available to the public, sale, and/or any other action without prior written consent from the operator.
8.6. The ownership and intellectual property rights in the content of third parties, including images appearing on the website, are the property of the content owners and may be subject to the terms of use of third parties who lawfully granted the operator a license regarding such content (hereinafter: “Third Party Agreements”). The operator does not claim ownership rights and does not assume any responsibility regarding any type of content of this kind displayed on the website. The user agrees that the terms of the Third Party Agreements mentioned will bind him in connection with the use made in the service, including any future changes in the Third Party Agreements.
8.7. The operator respects the rights of third parties and takes the necessary steps to avoid infringing on any third party’s rights. If a third party’s rights are infringed in good faith, it can be reported to the operator at the details provided in these Terms of Use.
9.1. The operator respects the privacy of users on the website. Information regarding the privacy policy can be found in the privacy policy appearing on the website.
10.1. The operator may offer each user of its services, upon registration, to join receiving direct mail to inform them of publications, updates, personal benefits, and other notices intended to update users about the operator’s activities and various services, including through email and text messages (hereinafter: “Direct Mail”).
10.2. During registration, the user may be given the option to consent to receive direct mail from the operator by checking a box designated for this purpose during the registration for the operator’s services to the email and/or mobile phone, and this will constitute the user’s consent to receive advertisements. It is clarified that the user will have the option at any stage to request the operator to stop receiving direct mail by contacting the operator and/or using the removal options that will appear in the direct mail sent to the user.
10.3. To remove any doubt, it is clarified that the provisions regarding direct mail are subject to the provisions of the law, including the provisions of the Communications Law (Telecommunications and Broadcasting), 1982.
11.1. The operator’s website is secured using advanced security measures designed to ensure proper and safe use of the website and to protect the privacy of users. Every user of the website commits not to perform any activity that may disrupt the operation of the website, including, but not limited to, information theft of users and hacking of the website’s security mechanisms. The operator will act against any such activity by any legal means available, including blocking the user from accessing the service and taking legal action against the user if he acts as mentioned. However, it is clarified that the operator cannot guarantee absolute protection against such actions, and therefore the operator will not bear any responsibility concerning attacks that may lead to security breaches and data leakage from the operator’s computers, among other things, as a result of such attacks.
12.1. This agreement will take effect on the day the user makes any use of the website and will continue until the user ceases to use the service.
12.2. The operator may terminate this agreement at any time, including in the following cases: (1) the user has violated a provision of this agreement (or acted in a way that clearly proves that he intends to do so or cannot comply with the provisions of the agreement); (2) the operator is required to do so by law (for example, when providing the service is or will be illegal); (3) providing the service is no longer economically viable. In such cases, the operator will give the user, as much as possible, reasonable prior notice of the termination of the agreement.
12.3. The operator may change these conditions from time to time at its sole discretion. The responsibility to stay updated on such changes lies with the user by accessing these Terms of Use from time to time. Use of the service at any time constitutes acceptance of the updated and amended terms as they were at that time.
12.4. The operator reserves the right to change or discontinue the service or part of it on the website without prior notice. In case of service discontinuation, the operator will not be responsible towards the user or any third party for damage or loss.
12.5. The provisions regarding intellectual property and disclaimer of liability will remain in force after the termination of the agreement.
13.1. These Terms of Use, including the privacy policy, constitute the entire agreement between the parties and supersede any agreement, proposal, or representation made previously, in writing or orally, concerning its subject. No change, amendment, or waiver of any provision of this agreement will be valid unless made in writing and signed or electronically approved by the party against whom the change, amendment, or waiver will be claimed.
13.2. The user account on the website is personal and non-transferable.
13.3. The information and services are offered to the user “AS-IS,” and the user agrees and confirms that the operator, its employees, managers, shareholders, or anyone on its behalf will not be responsible for any damage, direct or indirect, caused to the user and/or any third party related to the user due to the use made by the user of the information and/or due to the user’s reliance on information presented on the website.
13.4. These Terms of Use will be governed solely by the laws of the State of Israel. The exclusive jurisdiction for any matter concerning these Terms of Use and the use of the website will be in the competent courts in the city of Tel Aviv only.
13.5. Any letter sent to the operator will be considered as received by its destination within one business day from its dispatch by registered mail subject to receipt of a delivery confirmation; upon its arrival if delivered personally to the operator’s registered address; or upon its dispatch by email when the sender has a receipt confirmation from the operator.