Towards Wholeness Ltd.™ (“hereinafter: "Towards Wholeness Ltd.™”, “us” or “we”). The company is engaged in the facilitating of personal growth and spiritual teaching, and manufactures products that support these processes. These include handmade books containing a collection of custom designed blessings, Greeting cards, and electronic greeting cards, sold in Israel and internationally. The home page of the website is located at: http://www.annagatmon.com (“Website”). Towards Wholeness Ltd.™ (“hereinafter: "Towards Wholeness Ltd.™”, “us” or “we”).
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
AMENDMENTS. Towards Wholeness Ltd.™ may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Towards Wholeness Ltd.™ on the Website, (2) for existing Users, thirty (30) days after posting by Towards Wholeness Ltd.™ on the Website, (3) if the modifications to the Agreement are material, thirty (30) days after Towards Wholeness Ltd.™ sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. ELIGIBILITY. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.
2. FEES. You acknowledge that Towards Wholeness Ltd.™ reserves the right to charge for Services and to change its fees from time to time at its discretion, upon posting by Towards Wholeness Ltd.™ on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Towards Wholeness Ltd.™ as set forth on the Website.
3. CONDITIONS OF SALE.
3.1 ELIGIBILITY; CREDIT CARD TERMS. To order any products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, PayPal, American Express or any other issuer then accepted by us) and associated payment information at the time you order products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Towards Wholeness Ltd™ currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Towards Wholeness Ltd.™ invoices the credit card for all amounts due and payable. By providing Towards Wholeness Ltd.™ with your credit card number and associated payment information, you agree that Towards Wholeness Ltd.™ is authorized to immediately invoice your account for all fees and charges due and payable to Towards Wholeness Ltd.™ as a result of your purchase of any products. You agree to immediately notify Towards Wholeness Ltd.™ of any change in your billing address or the credit card used for payment hereunder. Towards Wholeness Ltd.™ reserves the right, at any time, to change its prices and billing methods for products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
3.2 FEES AND CHARGES. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, or value-added taxes, unless you provide Towards Wholeness Ltd.™ with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the product to your customers) at the rates in effect when the charges were incurred. Towards Wholeness Ltd.™ may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdiction that it deems is required. When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Towards Wholeness Ltd.™ has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information. Please also be aware that you are considered an importer and must comply with all laws and regulations of such country.
3.3 DISPUTES. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: Customer Service, Towards Wholeness Ltd. of P.O.B 244 Moshav Sde Warburg, 44935, Israel, or via Towards Wholeness Ltd.™ Order Support. If Towards Wholeness Ltd.™ does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or its agents.
3.4 RETURNS. All sales of products are subject to Towards Wholeness Ltd.™’s current return policies, as posted on the Website.
4. ORDER ACCEPTANCE POLICY. Your receipt of an electronic or other form of order confirmation does not signify Towards Wholeness Ltd.™'s acceptance of your order, nor does it constitute confirmation of our offer to sell. Towards Wholeness Ltd.™ reserves the right at any time after receipt of your order to accept or decline your order for any reason. Towards Wholeness Ltd.™ further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Towards Wholeness Ltd.™ upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
5. TITLE AND RISK OF LOSS. All sales of products are made Ex Works (Incoterms 2000) Towards Wholeness Ltd.™’s designated point of shipment, and title and risk of loss to each shipment of the products shall pass to you when Towards Wholeness Ltd.™ makes such shipment available to a carrier.
6. YOUR CONTENT AND ACTIVITY. You are solely responsible for any and all Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, and for your interactions with other Users. You agree that Towards Wholeness Ltd.™ retains the right to create limits on Towards Wholeness Ltd.™'s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
7. PROHIBITED CONTENT.
YOU MAY NOT INCLUDE “PUBLISHED BY Towards Wholeness Ltd.™ OR B:BOOK™,” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT Towards Wholeness Ltd™ OR B:BOOK™ ARE THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THEIR SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Book Content or Other Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of us; or (xii) otherwise violates this Agreement or creates liability for Anna Gatmon LTD™. WE RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold Towards Wholeness Ltd.™ and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
7.1 NO DISRUPTION. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any Towards Wholeness Ltd.™ page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
7.2 MISCELLANEOUS. You will not attempt to impersonate another User or person, including any employee of Towards Wholeness Ltd.™ or B:Book™. You will use the Services in a manner consistent with any and all applicable laws and regulations.
7.3 ENFORCEMENT. We have the right (but not the obligation) to review any Content and delete any Content that in our sole judgment, violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for us, its suppliers, service providers, partner companies, or any User. We reserve the right (but have no obligation) to investigate and take action against you at our sole discretion if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
8. COPYRIGHT POLICY. It is Towards Wholeness Ltd.™’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Towards Wholeness Ltd.™ by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Production a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Towards Wholeness Ltd.™’s Copyright Agent for notice of claims of copyright infringement is as follows: Towards Wholeness Ltd.™, Copyright Agent.
9. THIRD PARTIES AND OTHER USERS.
9.1 THIRD PARTY CONTENT. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because Towards Wholeness Ltd.™ does not control such Content, you agree that Towards Wholeness Ltd.™ is not responsible for any such Content, including advertising and information about third party products or services. Because Towards Wholeness Ltd.™ does not have control over such Content, Towards Wholeness Ltd.™ makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and Towards Wholeness Ltd.™ assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
9.2 RESPONSIBILITY. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Towards Wholeness Ltd.™, you, and the other User, the advertiser, or third party. You agree that Towards Wholeness Ltd.™ will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between Towards Wholeness Ltd.™, you, and any third party (including any User), Towards Wholeness Ltd.™ is under no obligation to become involved; however, Towards Wholeness Ltd.™ reserves the right to monitor disputes between Towards Wholeness Ltd.™, you, and other Users.
10. LIMITED WARRANTY.
10.1 LIMITED WARRANTY FOR PRODUCTS. Towards Wholeness Ltd.™ warrants that, subject to minor differences across products and printing partners as described in Towards Wholeness Ltd.™’s Return Policy, Products will be free of any defects in materials and workmanship. Towards Wholeness Ltd.™ will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Products which you report to Towards Wholeness Ltd.™ via Towards Wholeness Ltd.™’s Order Support within fourteen (14) days of your receipt thereof.
10.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 13.1 ABOVE, (B) TOWARDS WHOLENESS LTD™ EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT Anna Gatmon LTD™’s CUSTOMER SUPPORT DEPARTMENT AT Towards Wholeness Ltd., of P.O.B 244 Moshav Sde Warburg, 44935, Israel.
11. LIMITATION ON LIABILITY. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, Towards Wholeness Ltd.™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Towards Wholeness Ltd.™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Towards Wholeness Ltd.™’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO Towards Wholeness Ltd.™ IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE Towards wholeness Ltd.™’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF Towards Wholeness Ltd.™ OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. RELEASE. You hereby release Towards Wholeness Ltd.™, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
13. INDEMNITY. You agree to defend, indemnify, and hold Towards Wholeness Ltd.™, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
14. ELECTRONIC COMMUNICATIONS. The communications between you and Towards Wholeness Ltd.™ use electronic means, whether you visit the Website or otherwise use the Service or send Towards Wholeness Ltd.™ e-mails, or whether Towards Wholeness Ltd.™ posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Towards Wholeness Ltd.™ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Toward Wholeness Ltd.™ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
15. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by the laws of the state of Israel, without giving effect to any conflict of legal principles that may provide the application of the law of another jurisdiction. You and Towards Wholeness Ltd.™ agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Tel Aviv-Jaffa in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than Ten thousand NIS (10,000.00 NIS) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ICC Provider”) that offers arbitration as set forth in this section and under the rules of such ICC Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ICC Provider and the other party shall not unreasonably withhold consent to use such ICC Provider. The ICC Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ICC Provider. Notwithstanding the foregoing, Anna Gatmon LTD™ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Israeli law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the Towards Wholeness Ltd.™ Services.
16. RELATIONSHIP OF PARTIES. You and Towards Wholeness Ltd.™ are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Towards Wholeness Ltd.™. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Product Content, that would reasonably contradict anything in this section.
17. NOTICES. Towards Wholeness Ltd.™ may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with Towards Wholeness Ltd.™, or by written communication sent by first class mail or pre-paid post to your address on record with Towards Wholeness Ltd.™. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or Towards Wholeness Ltd.™ Twelve (12) hours after sending (if sent by email). You may give notice to Towards Wholeness Ltd.™, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by Towards Wholeness Ltd.™) at any time by any of the following: letter sent by confirmed facsimile to Towards Wholeness Ltd.™ at the following fax number: +972-97416304, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Towards Wholeness Ltd.™ at the following address: Chief Operating Officer, Towards Wholeness Ltd.™, Inc., Towards Wholeness Ltd., of P.O.B 244 Moshav Sde Warburg, 44935, Israel.
18. FORCE MAJEURE. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
19. INTELLECTUAL PROPERTY.
19.1 All rights of patent, copyright, trademark, trade secret and other intellectual property and proprietary rights in all information, systems and technology, software, processes, efforts and methods, forms, procedures and retrieval systems, program names, designs and manuals and other proprietary or copyrighted material that are developed by Towards Wholeness Ltd.™ in the course of performing these Terms or otherwise as Works to be delivered to Client hereunder (such intellectual property rights – collectively, the “Works IP”), will be and remain vested in Towards Wholeness Ltd.™, subject to the following.
19.2 If a third party files a claim against Client in connection with an infringement of an intellectual property right, Client must notify Towards Wholeness Ltd.™ of any such claim immediately upon receiving it, and allow Towards Wholeness Ltd.™ to respond to it and conduct any legal proceedings on behalf of the Client.