Preface
These Regulations regulate the legal relationship between Stylistico Ltd. (
hereinafter: “the Company”), which operates the “Letter in the Torah” website and a user of the website and/or a purchaser of “a Letter in the Torah” in accordance with the provisions of these Regulations.
The Company welcomes users/advertisers/purchasers to the “Letter in the Torah” website. The “Letter in the Torah” site is a unique and original project the aim of which is to unite Internet surfers in Israel and around the world and for them to take part in financing the writing of a Sefer Torah by way of “buying a Letter in the Torah” via the Internet. During the course of the project a Sefer Torah will be written by a qualified Sefer Torah scribe, and that Sefer Torah will be donated to the Agudah LeMaan Hachayal (Association for Well-Being of Israel's Soldiers) and will be presented to the IDF's mobile synagogue at a dignified ceremony.
In addition to the writing of a Sefer Torah, the Company will donate an amount of money out of the income from the project (starting from the sale of the first Letter) to the Agudah LeMaan Hachayal, which is cooperating with the Company in this project, for the welfare and benefit of our soldiers, by virtue of the Companys desire to make a contribution towards the community.
For the avoidance of doubt it is hereby clarified that there is no limit on the number of letters in the Torah that can be “purchased” via the website, but it is not possible to buy letters that have already been bought by another purchaser.
Use of the “Letter in the Torah” website and the content presented in it is subject to the terms and conditions of the Regulations as set forth below. Please read these conditions carefully and thoroughly, because use of the site, including the purchase of a letter/word/verse/chapter/chumash indicates your consent and approval to the contents of these conditions and will constitute the legal basis for the contractual arrangement between the parties.
The contents of these conditions of use have been drawn, for the sake of convenience, in the masculine gender, but they apply equally to both the sexes and to a body corporate.
A condition precedent to buying a letter in the Torah is that the purchaser be over the age of 18 years and that there is no legal bar to his using the website, including making use of one of the means of payment appearing on the website.
The Company reserves the right to prevent use of the website and/or purchase on it by any person if it becomes apparent to the Company that use has been made or there is an intention to make use of the website contrary to the Regulations and/or any law and/or there is an attempt to sabotage the proper running and/or use of the website.
General
The Company reserves the right to revise and update the terms and conditions of the Regulations from time to time, in its sole discretion and without the necessity for consent and/or the giving of any advance notice, and these conditions will be binding from the time of their publication on the website, without having retroactive applicability. Notwithstanding the foregoing, the Company will do its utmost to update you, by way of publication on the “Letter in the Torah” website, about changes that may be made (if any) in the terms and conditions of these Regulations.
If you do not agree to the terms and conditions of the Regulations, in whole or in part, you are requested not to make use of the “Letter in the Torah” website for any purpose whatsoever.
The Company is entitled from time to time to alter the structure of the “Letter in the Torah” website, the appearance thereof, the services on the “Letter in the Torah” website, the scope and availability of the services and any other aspect connected therewith – without it being obliged to give prior notice to that effect to the user. Such changes will be made, inter alia, having regard to the dynamic nature of the Internet and the technological and other changes that take place on the Internet. By their nature, such changes are likely to be accompanied by faults and difficulties and therefore the user waives in advance any allegation and/or claim in this regard against the Company and/or anyone acting on its behalf.
In the scope of the services, the Company will take steps to facilitate proper and regular activity of the systems of the website. It is hereby emphasized that the Company is not responsible for the end user - equipment and/or for the services of third parties.
Behavior of users of the website
No illegal content and/or content aimed at illicit purposes and/or which is detrimental to the activities of the website may be presented on the “Letter in the Torah” website. Furthermore no use shall be made of the website the objective of which is illegal. Without prejudice to the generality of the foregoing, it is prohibited to display the following content on the website:
a. Any content likely to be offensive to the public's feelings, including any content of an insulting, derogatory, vexatious, hostile content or content which is injurious or likely to be injurious to the publics beliefs – both with regard to individuals as also to the masses and/or to any particular sector of the public.
b. Any content that constitutes defamation of any person and/or body corporate or invades his or their privacy.
c. Any content likely to serve as a basis for a civil claim or criminal complaint or other violation of the law in Israel, including any illegal content, or content which encourages, supports, assists or guides the commission of any act constituting a criminal offense and/or civil tort according to the laws of the State of Israel.
Use of information and protection of privacy
The user hereby gives his consent to the Company being entitled to carry out computerized supervision over his use of the services (including by means of “cookies” and similar means) and to use any such information for purposes of control and/or development and/or safeguarding of the quality of the services, the standard and proper order thereof and/or for purposes of complying with the provisions of any law. Without derogating from the foregoing, the Company may:
a. Give details of the user to a third party for purposes of collecting money which is due (if due) to the Company from the user in respect of the services, provided that the third party has undertaken to keep confidential any information that may be given to him in connection with the user.
b. Give details of the user to another or to others in accordance with a power or authority at law.
c. Make use of the details of the user and of other information in the Company's possession in connection with the user for the Company's purposes. The user hereby gives the Company his consent for it to make use of the user's details in order to obtain updates and/or material and/or advertising and/or marketing information through the mail and/or by fax and/or the e-mail address supplied by him, from the Company and/or the Agudah LeMaan Hachayal. Revocation of the consent shall be made by written notice to the Company and shall apply to new publications the dispatch of which has not yet been completed.
d. By way of marking of a letter purchased in the Torah the personal details of the purchaser will appear as entered by him in the website. The purchaser hereby gives his consent to the use of his personal details without this being deemed to be any invasion of his privacy. Should the purchaser request to refrain from using his personal details as aforesaid, the Company undertakes to delete his personal details within 72 hours from the time of receipt of his written request.
Disconnection or termination of the services
In circumstance in which the user has made use or makes use in contravention of the “Behavior of users on the website” clause, or use likely to cause a disturbance to the services to other users, or in a manner that constitutes a civil or criminal tort or in a manner which gives rise to a reasonable suspicion that the user is acting contrary to the Regulations, the Company will be entitled to restrict and/or block and/or terminate the services to the user, including it ceasing to display the purchaser's details, and may do so without giving prior notice. Such blockage, cessation or restriction of services shall not derogate from the user's obligation to act at all times in accordance with the terms and conditions of the Regulations.
Intellectual property
It is hereby clarified that the full copyright and the intellectual property in the services and the design of the “Letter in the Torah” website, including trade names and trademarks, patents and designs, whether registered or unregistered, trade secrets, design, technological information, including, but without derogation software, applications, graphic and other files, computer codes, texts and/or any other material contained therein (
hereinafter: “the Information”) belongs to the Company and/or to suppliers of the “Letter in the Torah” website alone, as the case may be, unless otherwise expressly stated.
It is forbidden to copy, distribute, duplicate, display publicly, or to pass on to a third party any information and/or any portion thereof. It is prohibited to alter, publish, broadcast, transfer, sell, distribute or make any other commercial use of the information and/or any part thereof, except with the Company's prior written permission.
In addition, users wishing to display content, logo/a banner/picture/text/sponsorship for the system hereby declare that to the best of their knowledge the display of content does not constitute any offense, including under the Copyright Act, 1911, the Copyright Ordinance, an infringement of copyright and/or of any proprietary right, including the Patents Law, 5727-1967, or any law, order or other regulation made pursuant thereto, as same may be altered from time to time. The users further declare that the display of content on the system does not constitute any violation of a right of third parties, and that same is not prejudicial or likely to be prejudicial to any entity in any of the ways described above and/or does not defame any entity and/or invade the privacy of any entity, including pursuant to the Defamation Law, 5725-1965 and/or the Protection of Privacy Law, 5741-1981 and/or any other law.
The Company will be entitled to prevent exposure and/or publication and/or text and/or a banner and/or a logo, etc., which in its opinion is tainted with an infringement of intellectual property, including copyright and/or the content of which is in contravention of the law and/or which has the effect of being offensive to public sensitivity and/or of constituting a political message.
Donation to the Agudah LeMaan Hachayal
It is hereby clarified that after the sale of all the letters on the website, the Company will transfer to the Agudah the sum of one million NIS (hereinafter: "Sum of the donation"), less the V.A.T., income tax and/or Companies Tax and/or any tax and/or any levy applicable, if any (hereinafter: the “Taxes"). In the event that not all the letters are sold, the Company will transfer to the Agudah upon conclusion of the project part of the sum of the donation pro rata to the number of letters that were actually sold less the Taxes, in accordance with the agreement that was signed between the Company and the Agudah LeMaan Hachayal.
For the avoidance of doubt it is hereby clarified that the actual donation to the Agudah is the Companys donation to the Agudah and that the Company will receive a receipt from the Agudah in respect of the donation. The Company will issue a valid tax invoice in respect of the purchase of a letter/letters in the Torah to the purchasers of letters on the website.
All expenses of the project such as: writing the Sefer Torah, advertising the website, maintenance of the website, marketing the website, cost of creating the website and so on shall be borne by the Company only and the Agudah shall not bear any expense whatsoever.
The user and/or the purchaser hereby gives his consent to the abovementioned and hereby waives any allegation and/or demand and/or claim against the Company including with respect to refund of money.
Terms and Conditions for writing and donating the Sefer Torah to the Agudah
Writing and donating the Sefer Torah to the Agudah are contingent on the sale of 20% of the “Letters of the Sefer Torah” via the website.
If 20% of the letters of the Sefer Torah are not sold or if there is another impediment to writing the Sefer Torah for any reason, the Company shall be entitled to terminate the project, and in such case the Company undertakes to transfer to the Agudah the pro rata amount as stated in the paragraph regarding the donation to the Agudah LeMaan Hahayal in respect of the actual sale of letters less the Taxes.
In the event that a surplus remains after transferring the pro rata amount to the Agudah and after deducting the expenses for the project and the taxes, the surplus shall be divided equally between the Agudah and the Company.
For the purpose of proving the Company's expenses it shall suffice for the Company to submit certification by the Company's CPA with regard to expenses for the project.
The user and/or the purchaser hereby gives his consent to the abovementioned and hereby waives any allegation and/or demand and/or claim against the Company including with respect to refund of money.
Duration of the project
a. The Company intends to finish the project and to complete the writing of the Sefer Torah, through an authorized Sefer Torah scribe, by the date of the State of Israel's 60th Independence Day, but if there should be delays in completion of the writing of the Sefer Torah for any reason, the date of completion of writing of the Sefer Torah will be postponed to another date and this will not be deemed to be a breach of the provisions of these Regulations and will not entitle the purchaser to any compensation.
b. The purchaser and/or the user hereby declares that he is aware that the Company does not have the possibility of determining what will be done with the donation and/or the donations that will be transferred to the Agudah LeMaan Hachayal, by virtue of the fact that the Agudah itself will decide on the use of the donations, and the purchaser and/or the user will not have any allegation and/or claim in connection therewith against the Company and/or anyone acting on its behalf.
c. If any impediment should arise to completion of the “Letter in the Torah” project also after the 60th Independence Day of the State of Israel, this will not constitute a breach of the Company's obligations and/or anyone acting on its behalf under these Regulations, and the user hereby waives any right of claim and/or allegation against the Company and/or anyone acting on its behalf, provided that the Company shall donate to the Agudah LeMa’’n Hachayal the moneys that will be received in respect of the purchase of letters in the Torah, less expenses and taxes for which the Company will be liable according to law, subject to the contents of the second paragraph of the "Donation to the Agudah LeMaan Hachayal" clause.
d. In the event that the Agudah LeMaan Hachayal should request to cease cooperation with the Company for any reason and/or not be interested in receiving donations, the Company undertakes to donate the money, as referred to in this Agreement, directly to the IDF.
Cancellation and alteration of particulars of purchase
There is no possibility of receiving a monetary refund after the details the user has sent (for example: name, link to website, free text, picture/banner/logo/text) are received and displayed on the website. An “exceptional” refund of money will be given after “the website team” has examined the request on its merits.
There is no possibility of altering a picture/logo/banner, name, free text and link to the purchase site. An alteration is possible only in exceptional cases such as: change of domain, technical problems, claims etc., and in every exceptional case that the Company sees fit to make such change.
Limitation of liability
It is hereby clarified that the Company and/or anyone on its behalf will not be responsible for any damage and/or loss, whether direct or indirect, that may be caused to a user and/or to any third party, in connection with and relating to the “Letter in the Torah” website and/or the Company and/or the services, the cancellation, limitation or cessation thereof. The user of the website hereby declares that he is aware that the website is a new website and that during the first six months from the date of the launching thereof technical problems are possible and he hereby waives in advance any allegation and/or claim in this regard against the Company. The Company will do everything in its power to correct these faults as quickly as possible in order to guarantee the proper working order of the website.
For the avoidance of doubt it is hereby clarified that the supply of the services by the “Letter in the Torah” website is dependent, inter alia, on third parties. The Company is not responsible for any act or omission of third parties and will not be liable for any damage and/or loss and/or expense that may be incurred by a user and/or any third party as a result of and/or in connection with any such act or omission. The Company is not responsible for damage connected with communications operators, the Internet network, international dialing access, end-user equipment and/or applications of the users.
The Company is not responsible for the availability of the services, the content, form, reliability and accuracy of the data which is supplied on the “Letter in the Torah” website, including by third parties.
It is hereby clarified that the information and the data are not secured (apart from the details entered in on the purchase form, which is secured by SSL technology, and the Company is not responsible for the securing thereof and/or for any damage and/or loss and/or expense that may be sustained by a user and/or any third party as a result thereof.
The display of details contain links to sources and/or data bases, services and content sites of others. The Company has no possibility of controlling and/or supervising the information and/or the services that are supplied and/or published by other entities and/or through them, whether directly or indirectly.
It is hereby clarified and agreed that the display of links on the “Letter in the Torah” website by the Company shall not be construed as an offer to the user, as an expression of support, encouragement, consent or the giving of sponsorship by the “Letter in the Torah” website, expressly or impliedly, to the content and/or the services which are offered by other entities. For the avoidance of doubt, the Company does not give sponsorship and does not encourage, offer, agree with or express its opinion in regard to the correctness and/or accuracy and/or standard and quality of the content and/or of any information, advertisements, services, products, opinions and positions presented on the websites by other entities and/or any content, information, advertisements, services, products, opinions and positions to which the websites of other entities refer.
Under no circumstances will the Company and/or anyone on its behalf be responsible in any way to any party with regard to direct or indirect damage (including direct and indirect pecuniary damage, loss of profits, goodwill, etc.) as a result of the use of the website or the content appearing on it. The full responsibility for use of content appearing on the website and/or the links is imposed on the users themselves, and the users hereby undertake to indemnify the Company and/or anyone on its behalf and to hold it or them harmless in respect of any claim and/or demand that may be instituted against them, if instituted, in connection with such content.
Any operation that may be performed on other websites to which a user has referred through links from the “Letter in the Torah” website will be performed directly between the user and the proprietors of the website and/or the operators thereof. The Company will bear no responsibility of whatsoever nature for any operation and/or contractual arrangement and/or purchase that may be made on the other websites. The user agrees that he will not have any allegation or claim of any sort against the Company and/or anyone on its behalf in respect of any use and/or operation and/or contractual arrangement and/or purchase of products and/or services that may be made on other websites, to which the user has referred through links on the “Letter in the Torah” website.
Notwithstanding the foregoing, if a court should rule that any responsibility to a purchaser and/or user of the website is imposed on the Company, it is hereby agreed that the amount of the compensation, which is agreed after evaluation and consideration of the damages contemplated in advance as a probable result of the breach, will not exceed the amount actually paid to the Company by the purchaser and/or the user, subject to the condition that the purchaser and/or the user has complied with all his obligations pursuant to these Regulations and/or the provisions of any law.
Declarations and undertakings by the user
The user declares and undertakes to the Company as follows:
a. There is no bar or impediment as far as he is concerned according to law to the purchase of letters in the Torah in accordance with the terms and conditions of these Regulations.
b. He is entitled to pay for the purchase of the letters by way of the means of payment appearing on the website. The user hereby confirms that he is aware that in the event of a cancellation and/or dishonoring of the means of payment for any reason, the purchase by him will immediately be cancelled and in such case the Company will be entitled to offer the letters he has chosen to purchase to another purchaser and that he will not have any allegations or claims in this regard against the Company and/or anyone on its behalf.
c. That he will use the services in accordance with these conditions of use, the provisions of any law and subject to the operating instructions and directives that will be given (if given) to him from time to time by the Company and/or the suppliers of services and/or suppliers of the information, and that he will not make use of the Companys services for purposes of performing an act or operation which is prohibited according to any law, and he undertakes to indemnify the Company and/or anyone on its behalf immediately upon the Companys first demand, in respect of any damage that may be caused as a result of a prohibited act or omission, including, but without derogation:
1. Unlawful penetration into material and/or computer files and/or the transfer of a computer virus to other computers and/or use of or interference to other computers, in contravention of the Computers Law, 5755-1995 and/or any other law.
2. Any use likely to cause damage or interference to and/or a restriction in use of the services by others and/or which is likely to constitute a prejudice or infringement of proprietary and other rights belonging to others, including, but without derogating from the generality of the foregoing, an infringement of copyright, trademarks and trade names, designs and patents, and so forth, sending of e-mail messages to users in a manner which causes complaints by the recipients of the messages or contrary to accepted conduct and behavior on the Internet.
d. That he will indemnify the Company and/or anyone on its behalf shortly after receipt of a demand to do so, in respect of any damage and/or loss and/or expense, including legal expenses and attorney's fees, that may be incurred by the Company and/or any third party as a result of use he has made and/or which has been made through him of the website's services contrary to any law and/or these Regulations.
e. That he is aware that the services are provided to him by the Company, inter alia, on the strength of the Company's contracts with service providers, and that the services are subject, inter alia, to conditions and restrictions that have been stipulated (if stipulated) in such contracts.
f. That the user is aware that if he is expelled by the Company he will not be entitled in the future to use the services of the “Letter in the Torah” website also under another user name.
Assignment of rights and obligations by “the website team
It is hereby agreed that the Company is entitled to assign its obligations (if and to the extent that it has such) and to endorse its rights at any time in favor of any third party, in its sole discretion, including the right to collect money from the user (if and to the extent that it has such right).
Jurisdiction and governing law
The competent court in Tel Aviv-Jaffa will have sole and exclusive jurisdiction in respect of any dispute that may arise between the Company and a purchaser and/or user of the website and/or any third party and also in connection with these Regulations. The laws of the State of Israel will govern these Regulations and same will be construed and interpreted in accordance therewith.
Declaration
I declare and confirm that I have carefully read the contents of these Regulations, have understood the contents thereof and unconditionally agree to accept the terms and conditions thereof.
