Terms of use

Welcome to the website www.yossiharari.com/ (the "Website"), operated by Yossi Harari USA Inc. ("Yossi Harari"), including as a platform for the on-line sale of jewelry designed by Yossi Harari (the "Services"). Access and use of the Website are subject to the following terms and conditions (the "Terms of Use").

Please read carefully the Terms of Use as your use of the Website constitutes your consent to the Terms of Use without reservation or limitation. The Terms of Use define the relationship between the Yossi Harari and the individual visiting and/or watching and/or making use in any other way of the Website or the information contained herein ("you" and/or "your" and/or the "User"). If you do not agree with the Terms, please do not use the Website.

Certain areas of the Website and your access to certain services may be subject to different terms and conditions, which may be posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and the terms and conditions posted for a specific area of the Website or for specific services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Website or services.

We strongly recommend that prior to using the Website you carefully read through these Terms of Use and any linked documents, including the Privacy Policy as this will also apply to your use of the Website.

Yossi Harari reserves the right to amend the Terms of Use at its sole discretion and any modifications shall be effective immediately upon posting the revised terms on the Website. We will announce any such change by posting the revised Terms of Use on the Website. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the top of this page. By continuing to use the Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the Terms of Use or any changes thereto, you may not continue using this Website.

Your Privacy

Protecting your privacy is very important to Yossi Harari. Your passwords (in encrypted form) and your private information will be stored and used pursuant to our Privacy Policy, which can be viewed here: privacy policy

Sensitive information between your browser and the Website is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the YossiHarari.com certificate.

Copyright

The Website and the content contained therein including the Website design, drawings, diagrams, illustrations, photographs, pictures, text, graphics, etc. (the "Information") is the property of the Website, or third parties that have allowed the Website to publish the copyrighted Information on it, and as such are protected by the copyright laws of the United States of America, international treaties, and copyright laws in other countries. The User must not change, copy, publish, distribute, broadcast, present, photocopy, issue a license, produce derivative works, or sell any part of the information contained in the Website without the explicit written consent of the Website provided in advance. The User acknowledges the existing copyrights in the Information and undertakes not to make any commercial use of the Information or change or alter the Information or any part thereof.

Links

The Website may include links to internet websites that are not operated by Yossi Harari. These links are intended for the User as a convenience and the Website has no control over these internet websites and it is not responsible for the content contained on these websites. The inclusion of links to other websites does not attest to Yossi Harari support of the content of these websites nor any other connection to these websites or their operators. The Website is not responsible for the proper functioning of the links. The Website is entitled at its own discretion to remove any link from the Website and/or add additional links.

The User may link to the Website’s home page, provided the User does so in a way that is fair and legal and does not damage Yossi Harari’s reputation or take advantage of it, but the User must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Website’s part where none exists. The Website must not be framed on any other website, nor may the User create a link to any part of the Website other than the home page. Yossi Harari reserves the right to withdraw linking permission without notice. The Website from which the User is linking must comply in all respects with the content standards set out in these Terms of Use.

Liability

1. Disclaimers. TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE, YOSSI HARARI 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 YOSSI HARARI'S CUSTOMER SUPPORT DEPARTMENT AT customercare@yossiharari.com
2. Limitation on Liability.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOSSI HARARI 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 OR THE WEBSITE, EVEN IF YOSSI HARARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE YOSSI HARARI'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF YOSSI HARARI 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

While Yossi Harari intends that all the information on the Website will be correct and accurate, there is a possibility that the information is incomplete or not updated and alternatively there is a possibility that technical or other errors occurred. Yossi Harari will not be held responsible for omissions, errors, lack of updates, or imprecision of the information presented. Yossi Harari hereby claims that the information contained in the Website is for general and informative purposes only and is not a recommendation and/or opinion and/or an offer to purchase any product or any other service of the Website besides the Services, and therefore the User is aware of and agrees that any reliance on figures, declarations, opinions, advice, or any other information presented on the Website, and specifically with respect to the description of the products, is done according to the User's discretion and under his sole responsibility. There is a possibility that part of the information originates from third parties; it is hereby understood that, without derogating from what is stated above, the Website is not responsible for this kind of information and the Website does not guarantee the correctness of this information.

In the event of a discrepancy and/or contradiction between the information on the Website and the information existing in the Yossi Harari's existing documents, including information conveyed by the Yossi Harari's employees, whether in writing or orally, the information at the Yossi Harari's offices, in its official documents, or information conveyed by the Yossi Harari's authorized employees shall be deemed true.

Whilst we have taken reasonable steps to depict the products as accurately as possible through the photographs and other images featured on the Website, some items may appear slightly larger or smaller than the actual size of the product due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Additionally the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a jewelry when you receive it and we guarantee that your computer will accurately display colors.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Despite our best efforts, occasional pricing and other errors may occur on the Website. Access to the Website does not constitute the right to purchase products featured. Yossi Harari is not responsible for typographical, pricing or other errors. Products and prices of products described on the Website are subject to change at any time without notice. Yossi Harari reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Yossi Harari will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Yossi Harari reserves the right to limit quantities of products purchased.

Title to all products and risk of loss or damage will pass to you upon shipment from Yossi Harari.

The User is solely responsible for his use of the Website and for configuring his information technology, computer programs and platform in order to access the Website. The User should use his own virus protection software. Yossi Harari does not bear any responsibility or liability in relation to any malfunction, error, or omission of the Website and/or the Website's content due to malfunctions. Yossi Harari shall not be held responsible for any direct, indirect, consequential, or incidental damage due to access to the Website or its use or any hindrance from accessing or using the Website. Yossi Harari is not responsible for any damage to the User's computer equipment or any equipment of the User, including damage by computer viruses or software applications caused by visiting or using the Website and including damage caused by downloading information from the Website.

Yossi Harari does not undertake that the Website will be available at all times, nor that the Website’s operations and/or completeness will not be hindered and/or be carried out uninterruptedly and/or without malfunctions, defects, errors, or faults. Yossi Harari shall not be held responsible for the abovementioned interferences as said and it shall not be held responsible for any direct or indirect loss, or direct or consequential or other damages caused to the User or any third party in relation to the interferences mentioned above or in relation to ceasing certain services on the Website for whatever reason.

Yossi Harari shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, special, incidental or consequential damage or loss of any kind, including punitive or exemplary damages, or for any loss of profit, contract, goodwill, reputation, opportunity, revenue or other third party loss, whether foreseeable or not foreseeable. The parties acknowledge that the other party entered into these Terms of Use in reliance of on the limitations of liability stated in this paragraph, and these limitations are an essential basis of the bargain between the parties.

Indemnification

You agree to indemnify and hold Yossi Harari and its shareholders, subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website, your connection to the Website, any dealings between you and anyone else advertising or promoting via the Website, your violation of the Terms of Use or any other rights whatsoever, including any intellectual property thereof.

Yossi Harari is hereby granted full right to enforce the indemnity of all indemnified parties identified in that provision.

User Conduct

You agree not to access or attempt to access the Website by any means other than the interface provided by Yossi Harari or circumvent any access or use restrictions put into place by Yossi Harari to prevent certain uses of the Website.

You agree to use the Website in good faith and in accordance with all of the provisions of the Terms of Use and not to use, or to encourage others or permit others or assist others to use, the Website to:

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• access or use the Website in any manner that could damage, disable, overburden, or impair any server or the networks connected to any server;
• intentionally or unintentionally interfere with or disrupt the Website or violate any laws related to the access to or use of the Website, violate any requirements, procedures, policies, or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms of Use;
• disrupt or interfere with the security of, or otherwise cause harm to, the Website, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites;
• disrupt, interfere with, or inhibit any other user from using and enjoying the Website or other affiliated or linked sites, platforms, or content;
• reproduce, sell, trade, resell or exploit for any commercial purpose, any, use of the Website, or access to the Website;
• defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• engage in any other conduct which, in the Yossi Harari’s sole discretion, is considered inappropriate, unauthorized or objectionable;
• use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Website without our express prior written permission (we may use robot exclusion headers within the Website and you agree to comply with any such headers); decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website, except to the limited extent that applicable laws specifically prohibit such restrictions;
• post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;
• forge any TCP/IP packet header or any part of the header information in any email or posting, deceptive or false source-identifying information;
• mirror or frame any part of the Website on any other website;
• use any meta-tags or other hidden text or metadata containing any Yossi Harari trademark, URL or product name without our express prior written permission;
• use any Yossi Harari trademark, URL, product name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, product or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any Yossi Harari trademark, product name or logo or to the look and feel of the Services; or
• not to upload, retrieve, transmit, distribute, or publish information or any other material that might limit or prevent others from using the Website; that might encourage, endorse, motivate, or assist another person to commit unlawful acts or that might lead to illegal liability.

In order to permit us to protect the quality of our Services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Website, and paying all charges related thereto.

You agree not to use the Website for any unlawful activity and the Website reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, the Website reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.

Third Party Services

You acknowledge and agree that Yossi Harari may engage third party partners and providers in order to deliver you the Services. By using our Services, you agree to be bound by any user agreements established by any third party partners and providers that Yossi Harari engages with. This is in addition to the terms and conditions set out in these Terms of Use. By accepting and agreeing to the partner's terms and conditions you expressly acknowledge that Yossi Harari acts as agent of the partner and that Yossi Harari shall have no liability for the actions or omissions of the third party partner.

Communications

The communications between you and Yossi Harari use electronic means, whether you visit the Website or otherwise use the Service or send Yossi Harari e-mails, or whether Yossi Harari posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Yossi Harari in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Website provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.

Entire Agreement

These Terms of Use constitute the whole agreement between us in relation to your access to and use of the Website both prior and (if applicable) subsequent to registration with the Website to use the Services. They supersede any previous discussions, correspondence, arrangements or understandings between us which relate to Website access and use, but are without prejudice to the Terms of Sale you will enter into in the event you register to use the Services.

Amendments

The User shall have no claim towards the Company due to changes in the Information on the Website.

In the event that any part of the Terms of Use is not enforceable or invalid, then any clauses whose effectiveness was invalidated, or that was decided to be unenforceable, shall be deemed to be replaced by enforceable and valid clauses whose content matches, with the utmost level of suitability, the intention of the original clauses and the remaining clauses of the Terms of Use shall remain in effect.

Force Majeure

We 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 our control including, but not limited to natural disaster, strike, administrative decisions, transportation stoppages, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God”.

Severance

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of this agreement.

Law and Jurisdiction

The use of the Website and any dispute or claim (including non-contractual disputes or claims) arising out of the use of the Website is governed by the laws of the State of New Jersey, United States of America; and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Website will be subject to the exclusive jurisdiction of the courts of the State of New Jersey, United States of America.

Termination of Website Activities

Yossi Harari is entitled at all times to terminate the operation of the Website, either for a defined period of time or permanently, without prior notice and without receiving the User's consent to do so.

For any questions regarding the Terms of Use or the Website, please contact us as follows:

Yossi Harari LTD

Email: customercare@yossiharari.com