Welcome! The Website www.thesalvationgarden.org (the “Site”) and our mobile software application (the “App”) is operated by M.D INNOVATORS LTD., located at Kfar Uria 12 Israel, 9973500 (“We, Our or Us”) for Users including anyone who accesses or registers for the Site (together, “User, Users, You or Your”). These terms and conditions, the Terms of Sale provided below www.thesalvationgarden.org, and any other terms and policies published on the Site or the App from time to time (collectively, the “Terms”) govern your use of the Site and the services, applications, content, and products of Salvation Garden Foundation and all offers made by Us, all purchases and orders placed by you and all agreements concluded between Us in relation to the products and services offered on this Site, unless otherwise noted in these Terms (collectively, the “Services”).
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products and services, providing information to the Site and downloading product information for your personal review.
You may not use or access our Site if:
a. You are not at least 18 years old. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization; or
b. You are a person who is either barred or otherwise legally prohibited from receiving or using the Site under the laws of the country in which you are resident, or from which you use or access the Site.
c. Such access or use are made in a manner which is inconsistent with these Terms and all applicable laws, rules and regulations.
We may impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site without notice of liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason.
You take full responsibility for your participation on the Site. As a condition of using certain features of the Site, you may be required to register on the Site and/or select a User name (User ID) and password. You must provide accurate, complete and updated registration information. Your failure to do so will constitute a breach of these Terms, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person, or use as a User ID a name subject to any rights of a person other than the User without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in Our sole discretion. You are responsible for maintaining the confidentiality of your User ID and password.
We specifically prohibit any unlawful or disruptive use of the Site.
Problems with the Site
We do not guarantee that our Site will be compatible with any hardware or software which you may use, or that our Site will be uninterrupted or error free.
The information contained on our Site is given for general information and interest purposes only. We shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, the information contained in our Site (including the reliance upon any such information), or for any delay or interruption in the transmission thereof to you, or for any related claims or losses.
Unless otherwise noted, the content on this Site, such as images, graphics, text, illustrations, trademarks, designs, trade names, service marks, logos, software, information from our licensors, and other materials (“Materials and Content”), is Our property or Our subsidiaries’ and affiliates’ suppliers’ or licensors’ property and is protected by patent, trademark and/or copyright under applicable laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, reverse engineer, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without Our specific prior written permission. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and Services contained here solely for your personal, noncommercial use as described below. To the fullest extent permitted by applicable law, we reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to You or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict Your access to part, or all, of the Site without notice or penalty.
Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for you or logging on to a third party’s server or account that you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
User Content and Conduct
The Site may permit the submission of content, information, text, images, recordings, audio content, videos or other communications submitted by User (“User Content”), as well as the distribution of such User Content to other users of the Site. By submitting User Content, you grant to Us, Our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the User Content as-is or as-edited (with or without using your name) in any media throughout the world for any purpose now existing or hereinafter developed, without limitation, and without additional review, compensation, or approval from you. In addition, We have no obligation to keep any User Content confidential.
With respect to all User Content that you submit, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant the right set forth in the preceding paragraph; (ii) the User Content does not infringe any patent, trademark, trade secret, copyright or other proprietary right of any other party; (iii) the User Content does not violate the rights of any person or entity (including, without limitation, intellectual property rights and privacy rights); (iv) the User Content is not misleading or inaccurate; (v) the User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, profane, libelous, invasive of another’s privacy, aimed at gender, race, color, ethnicity, sexual orientation, national origin, religious views, or disability, hateful or bashing, otherwise objectionable, or in violation of local, state, national, or international law; (vi) the User Content is not an advertisement or solicitation of business; (vii) the User Content does not disrupt the normal flow of dialogue and is not unrelated to the topic being discussed (unless it is clear the discussion is free-form); (viii) you will not submit or post a chain letter or pyramid scheme; (ix) you will not impersonate another person; (x) you will not distribute viruses or other harmful computer code; (xi) you will not harvest or otherwise collect information about others, including email addresses, without their consent; (xii) you will not post the same User Content more than once or “spamming”; (xiii) you will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in Our judgment, exposes Us or Our subsidiaries and affiliates to any liability or detriment of any type and (xiv) all User Content does and will comply with these Terms.
We are not responsible for, and does not endorse, User Content posted by any member. We cannot be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Content posted by another member. You are solely responsible for the User Content you submit or post, the consequences of providing User Content, and your reliance on any User Content.
Terms of Sale
You agree that all the PII you provide during the registration process is true, accurate and updated. You may not use a false email address or other false identifying information, or impersonate any person or entity.
We may, without any liability to us, and without any prior notice, at our sole discretion at any time: terminate your access to your account; stop (permanently or temporarily) operating our Site or displaying any content, to you or generally and/or alter or modify any or all of the Site’s features.
From time to time, We may offer promotions, deals or discount codes for the Site and the App. We may in Our sole discretion establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to You. We reserve the right to set limitations on the use of promotions, deals and/or discount codes. Additional terms regarding promotions, deals or discount codes will be posted on the Site or in the App.
2. Product and Pricing Information
Although We have made efforts to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the User, and We cannot guarantee that the User’s monitor will accurately portray the actual colors of the products. Products and Services displayed may be out of stock or discontinued, and prices are subject to change. To the fullest extent permitted by applicable law, We are not responsible for typographical errors regarding price or any other matter.
3. Purchase Limitations
In order to purchase our Services, you must be over 18 years of age, and possess a valid credit or debit card issued by a bank acceptable to Us.
4. Placing an Order
(a) By placing an order with us, you: (i) make an offer to purchase some of our Service(s), on and subject to these Terms; (ii) undertake that all details that you have provided to us in the order process, are true and accurate; (iii) confirm that you are an authorized user of the credit or debit card used to place your order; and (iv) confirm that there are sufficient funds to cover the cost of our Service(s) which you have ordered.
(b) Once you complete your order, you will receive an acknowledgement e-mail, which will confirm the receipt and processing of your order (“Initial Confirmation”). Should you complete the process described on the Site (e.g., payment) with respect to the purchase of a particular Service, we shall send you another email, confirming acceptance of your order (“Acceptance Confirmation”) or alternatively, an email referring to rejection of your order.
(c) All orders are subject to availability and confirmation by us. Please refer to Section 6 below to read more about this confirmation requirement.
(d) We retain the right to reject any offer-to-purchase, or other request, made by you.
(e) Only after you receive an Acceptance Confirmation e-mail from Us, your order is accepted and a contract between us will be formed. For matter of clarifications we would stress out that placing an order and receiving an Initial Confirmation do not form a contract between us, nor receiving an e-mail of rejection of your order.
(f) Dispatch times may vary according to availability and subject to different delays. In no event shall we be responsible for any delays in the delivery of our Service(s) purchased by you.
5. Charging procedure
(a) For your order to be eligible, you must pay the amount for the Service elected by you by those payment methods, as specified in the Site. Payment does not guarantee acceptance of your pre-order.
(b) Once your order is received, we carry out a standard authorization procedure, in an effort to ascertain whether there are sufficient funds associated with your payment method, to pay for the transaction in full. You will actually be charged only and shortly after receiving an Acceptance Confirmation e-mail.
6. Reasons for an Order Rejection
Although we try to ensure that all details, descriptions and prices which appear on our Site are accurate, errors may occur. If we discover an error in the price of any Service(s) which you have ordered, we will inform you of this as soon as possible, and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you, we will treat the order as cancelled. Also, please note that certain Services may be limited in time or to quantities. If an order is cancelled under any of the circumstances described above, and you have already paid for the Service(s), you will receive a full refund.
7. Return and Refund Policy
(a) In case you are not satisfied with a product that was provided to you, you may, according to the process described below, return the product to our offices within 60 days of the shipment date and receive a full refund.
(b) In order for us to grant you a full refund, we must receive the product in its original condition, accompanied by all documentation (such as the receipt, certificates or any other document) which was received with it. Once the product is received at our offices we will examine it and send you an e-mail regarding our founding’s. As long as the product is returned in its original condition you shall receive a refund. The refund will be processed within 5 business days from the approval e-mail.
(c) You will be responsible for any shipment and insurance expenses that you may have regarding the return of the product. The Site will not be responsible for any damage or loss only upon arrival of the product to our offices.
8. Refund process.
(a) If you wish to return a product, contact us through [firstname.lastname@example.org]. Be sure to mention all details regarding your purchase and the reason for the return. You will receive from our team an e-mail response with an authorization number which you should obtain.
(b) Package the product you wish to return in its original condition including all documentations received with it including a copy of your receipt.
(c) Make sure to write the authorization number in a visible spot.
(d) Insure your package.
(e) Ship it to the address given to you in the e-mail.
The provisions of Section 7 and Section 8 above and of Section 9 below, shall not apply to services that we provide, which by their nature cannot be returned, and all such services shall be non-refundable (e.g., the Memorial Wall service, Trees, etc.) (collectively, “Non-refundable Services”). [We shall indicate in the course of ordering process whether a particular service is a Non-refundable Service or not. Notwithstanding the foregoing, you may be entitled to a refund in respect of a purchase of Non-refundable Services, only in the event that all of the following conditions are met: (i) the Non-refundable Service has not yet been provided by us THE SALVATION GARDEN, INC.; and (ii) you have already paid us at least 75% of the consideration specified for such Non-refundable Service; and (ii) you have sent us an email setting forth your wish to cancel or withdraw the order that you have placed for a Non-refundable Service.
9. Shipment Policy
(a) Products will be shipped to you, according to the address you have provided, within 21 business days from sending the order acceptance confirmation e-mail to you.
(b) Any shipping date is an estimate only, and the actual shipping date for any accepted Service order will depend on a variety of factors. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Service, we may, in our sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
(c) The Site will not be responsible for the loss of the products once transferred to the carrier. You are responsible for any loss or damage to the products from the point the products left our inventory. Claims against a carrier for damage during shipping are your responsibility. All import duties, taxes, and other charges are not included in the product’s price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your pre-order.
Limitation of Liability
To the extent not prohibited by applicable law, in no event the Site, its employees, agents, partners and/or licensors shall be liable for (a) any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including, without limitation, damages for loss of revenue, loss of profits, loss of data, loss of use, loss of goodwill, business interruption or any other loss, injury, claim, liability, or damage of any kind, resulting in any way from (i) your access to or use of, inability to use or reliance on, our Site, any content, and/or any external site, (ii) the content contained on our Site and/or in any external site and any errors, omissions or other inaccuracies therein; (iii) statements or conduct of any third party on our Site; or (iv) any other matter relating to our Site and/or its content and/or our Services, regardless of the theory of liability (contract, tort or otherwise), even if we have been advised of the possibility of such damages and even if a remedy set forth herein fails of its essential purpose, or (b) any third party claims against you.
NO IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES ARE APPLICABLE. ONLY WARRANTIES, REPRESENTATIONS AND GUARANTEES WHICH ARE EXPLICITLY MADE BY US ON OUR SITE, SHALL APPLY.
WITHOUT DEROGATING FROM ANY TERM WHICH LIMITS OUR LIABILITY HEREUNDER, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) CAUSED BY US, IN THE AGGREGATE, EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PRODUCT(S) PURCHASED BY YOU.
Our Site may include links to other sites or material. We are not responsible for content on any site outside our Site.
USERS SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT. USERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT USERS’ OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, THE APP, ITS CONTENT, PII, USER CONTENT OR THE SERVICES. USERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
This Agreement will be governed by and construed in accordance with the laws of the State of Israel without regard to choice or conflict of law provisions. You hereby agree that all disputes arising out of this Agreement shall be heard exclusively in the competent courts located in Tel Aviv district, Israel. You agree to submit to the personal jurisdiction of such courts, and further agrees that venue in Tel Aviv District is both proper and convenient. Use of the Site or the APP is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, but not limited to, this section.
Change of these Terms
We may change these Terms from time to time. Such changes will be effective immediately and incorporated into these Terms. Your continued use of our Site and App will constitute your acceptance of any and all such changes.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your email addresses, usage history, content, User Content, PII, IP addresses, traffic information and any other information you provided during your use of the Site or the App.
This Site is controlled, operated and administered by Us from Our offices within the State of Israel. If You access the Site from a location outside Israel, You are responsible for compliance with all local laws. You agree that You will not use the Site, the App or any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Some banks and credit card companies impose fees for international transactions including without limitation foreign transaction and conversion fees. These fees are determined solely by Your bank or credit card company and We are not responsible for any such fees. If You have any questions about these fees or the exchange rate applied to any Services, please contact Your bank or credit card company.
Any waiver of any provision of these Terms will be effective only if documented in writing and signed by us. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such term.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of these Terms will continue in full force and effect.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
The section titles in these Terms are used solely for the convenience and have no legal or contractual significance. No provision of the Terms shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
If You have any questions or concerns about our Site, the App, the Services, these Terms or any other questions, You may contact Us via email to email@example.com.