Terms of use
1. General Usage Terms
1.1. This site is owned by Tingles Silver Ltd. (hereinafter: the "Company") and is exclusively managed by the Company. The Company's registered office is at 1 Shazar Blvd., Jerusalem, 91360, P.O. Box 36400 Jerusalem 91363, Israel. Telephone: +972-72- 2727277, Fax: +972-72-2727278.
1.2. Use of the site is conditioned upon your acceptance of the terms, conditions and notices included in this document, verbatim. Therefore your use of this site shall be considered as your consent to all the terms, notices, and conditions appearing in this agreement.
1.3. The terms of use that appear hereinafter shall constitute the agreement which shall be in force when you use this site.
1.4. You are entitled to use this site only if you agree to all the terms, conditions and notices appearing therein with the intent that they shall bind you for all intents and purposes.
1.5. You are requested to read this agreement carefully before using this website. If you do not agree and/or do not wish for this agreement to bind you, you are requested not to make any use of the site.
1.6. Use of this site is permitted only for persons and/or bodies that have legal capacity. Therefore if you do not meet this basic condition (for instance if you are minors), you may not use the site.
1.7. As a condition for using this website, you undertake not to use this website for any illegal purpose, and for no purpose which is prohibited according to the terms, conditions and notices included in the terms of use.
1.8. The terms of use apply equally to persons of both genders.
2. The Content of the Site
2.1. The products presented on the site are or shall be for sale by various businesses connected to the Company, as long as they are in stock and at the Company's full discretion.
2.2. The information appearing in the site is intended for getting a general impression only. The Company reserves all of its rights to change the information that appears on the site in accordance with its needs and at its absolute discretion. The Company does not undertake that the information that appears on the site is and/or shall be up to date at any given moment, and it does not undertake to update the information that appears on the site. Inter alia, the Company does not undertake that any product that appears on the site exists and/or shall exist in the Company's stock and/or in different businesses connected to the Company.
2.3. The pictures and/or illustrations on the site are for illustrative purposes only. Differences may exist between the way the product actually looks and its appearance in a picture or illustration as it appears on the site. You are welcome to get an impression of the product itself at the various businesses connected to the Company. In any case the Company shall not be liable for any such difference.
3. Privacy on the Site
3.1. Some of the services on the site require registration, as part of which you shall be required to give personal details such as: your full name and email address. As such, you hereby declare that these details were freely and willfully given to the Company and with your consent. Upon performing the registration, your email address shall be attached to the site's mailing list and the Company shall have the right to use these details for promoting sales, advertising, improving the services given by the Company and enriching the content of the site.
3.2. If you wish to be removed from the mailing list, you may remove yourselves at any time by hitting the "remove from mailing list" line that appears at the end of the email message.
3.3. Insofar as information shall be received from you, including your personal details, such information shall be kept in the database of the site in accordance with the provisions of the Israeli Protection of Privacy Law- 1981, and it shall be used according to the provisions of this article or according to the provisions of any law.
3.4. The Company does its best in order to protect the personal information that is received on this site and keep it confidential. Collection and protection of information are performed in a secure environment. The securing of the site's data includes the server which is behind a firewall, accessing data by a username and a double password, accessing data from an authorized IP address only, tracking possible attacks/cracks in the firewall and routine backups. The information is kept in the databases on the Microsoft SQL Server 2008 R2.
3.5. The Company may hire other companies in order to provide limited services in its name such as: answering questions connected to support or performing statistical analyses of our services. The Company shall provide to these companies the details of your personal information necessary for provision of these services, and the companies and their employees are prohibited from using this personal information for any other purpose.
3.6. The Company uses "cookies" and essentially similar technologies for the routine and proper operation of the site, including for collecting statistical data regarding use of the site, for authenticating details, for adjusting the site to your personal preferences and for securing information. It is possible to adjust your browser so that it will accept or reject "cookies" or that it will notify you when "cookies" are sent to you. Since each browser works differently, check the help menu on your browser for help on how to make these adjustments.
3.7. As mentioned, we invest resources and take different security measures in order to prevent penetration into the database, and to foil possible harm to the privacy of the users. However, it is impossible to prevent errors absolutely. Therefore you hereby declare that you shall have absolutely no claim and/or demand and/or lawsuit against us or against anyone on our behalf as a result of harm, glitches and/or errors. We recommend that you take all possible means of caution to protect your personal details during your activities on the internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, make sure that you are using a secure browser.
3.8. Any information that was sent to the Company's site is presumed not to be secret. By sending information and/or any other material through the Company's site and/or placing the data on the site you are declaring that: you possess the rights to use and distribute this information and/or material; to the best of your knowledge another person does not have rights to the information and/or material; you permit the Company to use the information and/or other material subject to the provisions of this chapter.
3.9. Entry details into your email address and additional details regarding you are subject to the Privacy Protection rules set forth above. The Company shall refrain from, as much as possible, knowingly giving your personal details to third parties unless it shall be required to do so according to a judicial order or if it shall face the threat of legal action being taken against it (criminal or civil) for acts that you performed on the Company's site. In such a case the Company shall be entitled to give your details to the party claiming it was harmed by you or in accordance with the provisions of the judicial order.
3.10. There may be links on the Company's site that refer to other sites. We make an effort to link to sites that to the best of our knowledge do not harm the right to privacy, however we do not bear any liability whatsoever to the content or extent of protection of privacy which these other sites provide, and therefore we recommend in any event of giving details, to read the privacy policies of these sites and to act accordingly.
3.11. You are entitled to view the information that was collected and held by the Company in accordance with these terms of use according to the Israeli Protection of Privacy Law – 1981.
3.12. In addition, if the information in the Company's databases is used to contact you personally, based on you belonging to a population group determined by one or more characteristics of people whose names are included in the database, then you are entitled according to the Israeli Protection of Privacy Law, to demand in writing that the information that refers to you shall be deleted from the database. In such a case the Company shall only delete the information needed to contact you with commercial offers as mentioned above. Information needed by the Company for conducting its business- including documentation of the commercial actions and otherwise that you performed on the Company's site – shall continue to be kept in the Company according to law, however it shall not be further used for contacting you.
3.13. The Company is entitled to change the privacy policy provisions from time to time. If material changes shall be made to these policies, in provisions regarding personal information that you published, a notice of this shall be published on the site.
4. Intellectual Property
4.1. All intellectual property rights and copyrights on the website of the Company – including its design, and in any application software, graphic files, trademarks, texts, jewelry designs, jewelry models, computer codes and any other material included in it- belong solely to the Company and/or to its content providers and/or business partners, as applicable.
4.2. It is prohibited to copy, duplicate, distribute, make changes, broadcast, present in public, publish, issue a license, create derivative work, or sell any details of the information, software, items or to deliver to a third party any part of them without receiving the Company's explicit prior written consent. The name of the Company, the domain name of the site and the trademarks (those that are registered and those that are not) of the Company are the Company's exclusive property or, if they were published on behalf of advertisers, they are the sole property of these advertisers. They may not be used without their prior written approval.
5. Restriction of Use
5.1. This site is protected under the Israeli law and the International Law including copyrights and trademarks.
5.2. These terms of use do not grant rights or a license to make changes and/or adjustments in this site and/or in its content, whether they are viewed, downloaded from the site or otherwise accessed. The permission given to you to use the site does not include: purchase and/or other use for commercial purposes, copy or duplication or distribution or creating any detail while using the information that appears on this site, unless the Company has given its explicit approval, except for use permitted by law.
5.3. You are not entitled to put content on the site and/or to upload information or files or codes and/or to change, harm, disturb or hurt this site or the information existing on it or any property rights of the Company or of any third party.
5.4. It is absolutely prohibited to use this site inappropriately or in an unauthorized manner including entering "Trojan Horses", "Viruses", "Worms" etc. or use of harmful computer software.
5.5. The Company does not undertake and it is not responsible that any part of the site will be free from contamination by viruses, worms, Trojan horses, spyware or anything else that could cause contamination or harm and/or that entry into the site shall be without disturbance or without glitches or errors.
5.6. It is prohibited to present and/or publish and/or plant on this site and/or on sites connected to it any illegal, immoral, threatening, rude information and/or material that constitutes slander etc.
6. Liability Limit
6.1. This site, including its content and the information that appears on it, any link to another site that appears on it, may be used AS IS, and without any obligation on the part of the Company. Therefore nothing in the content of the site and/or in this document is a representation by the Company regarding the credibility, the compatibility, the appropriate timing or the degree of accuracy of the information, software, links, and graphics accompanying this site for any purpose. Therefore, you shall not have any claim, demand, lawsuit towards the Company for any of its characteristics, abilities, restrictions or its compatibility to your needs and demands.
6.2. In no event shall the Company and/or any of its shareholders and/or any of its employees, and/or any associated company and/or affiliated company and/or subsidiary and/or other bodies that constitute part of a joint venture and/or partners and/or other bodies that have material control and/or any of their shareholders and/or managers of the Company and/or officers in the Company as defined in the Israeli Companies Law – 1999, directors, employees and/or its various suppliers, directly and/or indirectly, be responsible for direct or indirect damage, punitive damages, incidental, special or consequential damage, or any other damage of any type or kind, including without restriction, damage for loss of use, costs, expenses, loss of data or loss of profits, that arise or that are connected in any manner to use of this site and/or its performance, a delay in its use or the inability to use the site, supply or the failure to supply services including data, text, pictures, video or audio, or in any other information, software, linked item, and accompanying graphics that were obtained through this website, or that arise in any other way from use of this website, whether based on contract law and/or tort law, absolute liability or any other thing, even if the Company was informed of the possibility of such damages as mentioned. The Company shall not have any liability to what is said in the forum sites, the chat sites, or any information that shall be published on the site by third parties. If you are not satisfied with any part of this site, or from any of the terms of use, the sole and exclusive remedy that you shall have shall be to cease usage of the site. Without derogating from the generality of the aforesaid, the Company shall not be liable in the event of an error on the site with respect to the completeness of the information and/or characteristics and/or availability of a product and/or lack of correspondence to products presented for sale in the businesses connected to the Company. In any event and in such event, the completeness and/or the characteristics and/or the availability shall be as presented and/or as published in the businesses associated with the Company. Furthermore, while the Company makes reasonable efforts in order to include accurate and updated information on the site, the Company shall not be liable and it does not make any representation regarding the accuracy of the information. The Company shall not be liable and/or obligated by a misprint or otherwise as well as any omissions from the content.
6.3. The Company shall not bear any liability for damage that could be caused to you, including delays in the supply of items, as a result of events that are not under its control, such as strikes or lockouts, mishaps in the computer system or in telephone systems and/or communication systems, glitches in the electronic mail service, acts of terror and/or force majeure (war, earthquake, weather etc..), events that harm the completion of the order process and/or the fulfillment of supply times. In these cases the Company is entitled to notify that the purchase is cancelled, entirely or in part, and to cancel the charge of the person performing the action and you shall not have any claim and/or lawsuit because of this.
6.4. This site could contain links to internet sites that are not operated by the Company, rather by other parties. These links are intended for your convenience only. The Company has no control over these internet sites, and it does not bear liability for content that appears in them. The inclusion of these links in this internet site does not constitute an endorsement of the material that appears in them and does not constitute evidence of any connection with the operators of such sites and any use of such sites is solely the responsibility of the user.
7. Termination of the Agreement:
7.1. The Company reserves its exclusive right to refuse to grant access to this site, or to any part of it, to any user including to you, according to its sole discretion and without any advance notice.
7.2. The Company shall be entitled to stop the contractual engagement with you according to its sole discretion and without giving any advance warning. Upon the termination of the contractual engagement and/or its cancellation, you are required to immediately cease making any use of this site.
7.3. The Company shall be entitled to cease supplying services to this site and/or to cease operating this site, entirely or in part, according to its sole discretion.
8. No Illegal or Prohibited Use
8.1. As a condition for using this site all the users of the site are required not to use this site for any illegal purpose or for any purpose prohibited according to the terms, conditions and notices which are included in this document. Therefore, it is prohibited to use this site in any other way that could damage, render unusable, overload or change the site, interfere with its content or with the benefit or use of any other party of the site. It is prohibited to receive unauthorized access to the site, to accounts, computers or other networks that are connected to the site by hacking passwords or in any other way.
8.2. It is explicitly prohibited to use this site as a link to/from other sites and the Company reserves the right to act with all legal means that are available to it in order to cause the immediate termination of the prohibited activity, as mentioned above.
9. Law and Jurisdiction
9.1. This agreement is regulated by the Laws of the State of Israel only.
9.2. You hereby agree that the courts in the Jerusalem region shall have exclusive jurisdiction in respect to any dispute that arises from using this internet site or that is connected to it.
10. Notices and Addresses
Any notice or other document to the Company shall be made in writing, shall be sent to its registered office by registered mail, with a copy of your notice to the Company's attorney, the Law Firm of E.S. Shimron, I. Molho, Persky & Co., from the Technology Park, Building 1, Malcha, Jerusalem 96958, Israel. Such notice shall be deemed to have been received at the Company 72 hours after sending it by registered mail, as mentioned, or upon its delivery if it was personally delivered.
11. Waiver of rights
In any event that the Company does not exercise one or more of its rights in accordance with this agreement, that shall not be considered as a waiver or as acceptance by the Company and it shall not be used as estoppel against it.
12. Changes in the Terms and Conditions
12.1. The Company reserves its right to insert changes in the terms, conditions and notices that apply to use of this internet site, at any time and without any advance notice.
12.2. You undertake that these changes shall apply to you and they shall bind you, immediately upon their insertion. Therefore, we recommend reading the updated version of the terms of use of this site.