Terms of Use
Welcome to https://www.museumtours.co.il/ (the "Site"), which is operated by Nachliel Selavan with an address at Bonei haChoma 1, Jerusalem, Israel (the “Operator”). The Site allows you to purchase services offered for sale on the Site, from time to time (the “Services”), to view information with respect to such Services and to view other content available on or through the Site, from time to time (the “Content”; and together, the “Services”), all subject to the terms set forth hereunder. Services include, but are not limited to, the provision of private tours, on-site tours, virtual tours provided by remote viewing (live or recorded), self-guided tours, audio-visual recordings and other audio, visual or audio-visual material for educational and entertainment purposes.
BY ACCESSING THE SITE, YOU ARE DEEMED TO AGREE AND BE BOUND BY THESE TERMS, AS WELL AS ANY UPDATES, MODIFICATIONS, AND ANY ADDITIONAL TERMS AND/OR RULES AND/OR POLICIES IMPLEMENTED BY OPERATOR FROM TIME TO TIME.
These Terms of Use govern your use of the Services, as now in existence or as may be offered in the future (the “Services”). If you do not agree to these terms, as updated or modified from time to time, and any such additional rules implemented by the Operator from time to time, you may not use the Services.
1. USE OF THE SITE
1.1. The use of the Services is for your personal use only; any commercial use is strictly prohibited. To remove any doubt, Operator prohibits the use of any malicious computer application or any other tool, including crawlers, robots and similar devices in order to search, scan, copy or automatically retrieve Content from the Site. The creation of any database or similar collection of information containing any Content is prohibited.
1.2. Without derogating from the foregoing, you are prohibited from using any applications/systems that are aimed to harvest email addresses from the Site or to collect information with respect to any other person. Hacking the Site constitutes a criminal offense. The foregoing prohibition does not relate to search engines that directly link to the Site.
1.3. By using the Services, you represent that you are legally competent, are over the age of 18 and are entitled to conduct legal transactions without the consent of a legal guardian.
1.4. Individuals under the age of 18 who wish to use the Services are allowed to do so only with the involvement and permission of a parent or a legal guardian.
1.5. If you are under the age of 18, Operator reserves the right to prohibit or limit your use of the Services.
1.6. You understand and agree that you are solely responsible for being aware of and abiding by the laws of your jurisdiction and following them accordingly.
1.7. For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You further undertake to provide true, accurate, current and complete personal information as may be required in order to use the Services and to promptly update any such information as required.
1.8. In any case of a concern or suspicion that any person or an entity is accessing your user account or otherwise misusing your personal information or impersonating another person, you must immediately inform the Operator. The Operator shall not be liable for any such unauthorized use, but you may be liable for the losses of Operator and/ or third parties arising from such unauthorized use.
1.9. The Operator may prevent or interrupt your use of the Services at its sole discretion at any time, with or without reason. Without derogating from the foregoing, Operator may terminate your use of the Services in any case you misuse the Services or in the event you use the Services in a manner that causes damage or might cause damage or injury to the Site, the Operator or other users and/or if you acted unlawfully and/or did not act in accordance with these Terms of Use.
1.10. The Operator makes no warranty that the Services will operate uninterrupted, error-free and/or free from viruses, worms, malware or other limitations to its functioning and disclaims all liability in this respect.
1.11. You undertake to immediately inform Operator of any offensive, misleading, or inappropriate advertising you may encounter while using the Services.
1.12. Illegal use of the Website is strictly prohibited.
2. INTELLECTUAL PROPERTY
2.1. You acknowledge and agree that by using the Services you do not acquire or claim any rights to the Content or any other intellectual property right and/or any inherent rights in and to the Site and/ or related to the Services (including without limitations, Operator’s trademark and logo), except for the right to privately use the Services as set forth in and subject to these Terms of Use.
2.2. The Operator and its third-party licensors, to the extent applicable, own all intellectual property rights related to the Services, including without limitations website design, layout and presentation of the information, images, graphic files, applications, computer code, text, and/or any other material related to the Site, as well as any and all intellectual property rights related to or embedded in the Services.
2.3. You undertake (i) not to use, copy, publicly display, distribute, duplicate, transmit to the public, modify, adapt, or make derivative works from, sell or lease any of the intellectual property of Operator or its third-party licensors, unless as specifically authorized by Operator in writing; and (ii) not to challenge or interfere with Operator’s intellectual property rights in any way.
2.4. You undertake to indemnify Operator and its third-party licensors for and against any and all losses, expenses and/or damages they may incur in connection with a breach of your undertakings under this section.
3. THIRD-PARTY CONTENT
During the use of the Services, certain content, data, information or other materials from third parties (“Third-Party Materials”) or links to certain third-party websites may be made available to you. The Operator assumes no responsibility with respect to the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, privacy policies, or practices of such third-party websites or any Third-Party Materials. The Operator disclaims any and all damages, claims or other liability arising from or related to your use of Third-Party Materials or third-party websites or services.
4. ORDER PROCESS
4.1. The presentation of the Services on the Site does not constitute a legally binding offer from Operator to you to purchase such Services, but rather an invitation to you to submit an offer. Your submission of an order for a Service through the Site, together with your payment of the purchase price in full with respect to such Service, shall be deemed a binding agreement by you to purchase such Service. Operator’s confirmation of your order, which Operator will only issue following receipt of payment in full of the purchase price therefor, shall constitute Operator’s acceptance of your offer, and with such acceptance, a legally binding agreement for the purchase of the relevant Services shall be concluded. Operator’s confirmation will include the type and number of Services, their prices and the total price for your order.
4.2. For the avoidance of any doubt, Operator reserves the right to reject/not confirm any request for the purchase of Services submitted to it, for any reason. Operator will not have any liability to you in case it rejects/does not confirm a request made by you.
4.3. In order to complete the acquisition process with respect to a Service, you are required to provide complete personal information, including your full name, email address, telephone and other relevant contact information. You are solely liable for the completeness and accuracy of the information so provided by you, as set forth above.
4.4. You acknowledge that the interpretation to these Terms of Use shall be in accordance with all relevant laws and regulations governing the use of credit cards (to the extent applicable) and laws pertaining to aspects of "remote purchase" and/or "web transactions.”
5. PROVISION OF SERVICES
5.1. Provision of Services will be made on site, by remote viewing, downloadable digital recordings, self-guided audio-visuals and/or by other audio, visual or audio-visual means.
5.2. Unless priorly agreed, the price of the Services does not include transportation or any fees in connection with remote viewing or the download of digital recordings.
5.3. The final cost of the Services is determined at the time of placing the order.
5.4. Services are provided as a one-time purchase. Any additional purchases of the same Services are subject to additional cost.
5.5. Once purchased, you are solely responsible for receiving the Services, either on site, by remote viewing, downloadable digital recordings, self-guided audio-visuals and/or by other audio, visual or audio-visual means, as priorly agreed.
5.6. Operator shall not be liable for any damages, expenses or losses caused by you not using the purchased Services. Without derogating from the aforementioned, Operator shall not be liable for delays in the provision of the Services due to Force Majeure (as defined below).
5.7. Operator shall not be responsible for Services sent to an email address or any other communication method that was wrongly entered or submitted during the order process.
5.8. You are responsible for providing accurate and updated contact information before a meeting.
5.9. You are responsible for being available to receive a call or email from Operator concerning the meetings, including during a meeting.
5.10. Non-communication with you during a meeting may cause a gap in tour information that may not be repeated.
5.11. Although Operator makes utmost effort to maintain the Site with unbroken links, any broken links encountered in the process of attempting to receive and use the ordered Services should be reported by you to Operator.
5.12. Self-guided tour material, including slide shows, digital files and videos, is for personal use only and is non-transferable.
5.13. Use of recordings of virtual meetings is provided on long-term loan bases and is provided solely for the use of the recipient. Recordings and links to recordings are non-transferrable.
5.14. Personal membership content contains a library of tour material and may be subject to a limited time accessibility in accordance with the type of membership. You are responsible for accessing your personal membership area. By agreeing to these terms and conditions, you agree to keep your membership access data confidential.
5.15. Physical accessibility is available on most tours. It is your responsibility to provide updated details about any physical accessibility issues you may have prior to the meeting, in order for Operator to organize the necessary accessibility equipment.
5.16. Physical accessibility issues include, but are not limited to, walking and hearing, and it is your responsibility to provide or arrange with Operator to provide the required accessibility aid in ample time prior to the meeting.
5.17. Physical accessibility levels are stated in the tour description. It is your responsibility to understand the accessibility levels as described.
5.18. Any physical accessibility aid equipment provided to you must be returned to Operator in the same condition as when provided. You are responsible for the cost of any damaged equipment, whether for its repair or replacement.
5.19. Operator provides professional high-quality virtual tours accessible via communications platforms that allow users to connect with video, audio, phone, and chat. It is your responsibility to have access to such platforms and acquaint yourself with their features, including login method, camera and audio, well before the meeting, so as not to hinder the user experience of other participants.
5.20. Inquiries regarding access to tours provided on communications platforms must be directed to Operator well before the meeting.
5.21. Operator will do his best to assist your access to meetings on the communications platform; however, it is strictly your responsibility to access the meeting and any delay in access or non-access will not be eligible for a refund.
5.22. Operator may, but is not obliged to, provide a recording of the meeting after the meeting to those who ordered the meeting and were not able to access the meeting.
5.23. Operator commits to providing the required meeting details. You are responsible for reading the entire contents of the meeting materials prior to the meeting and be acquainted with all its details.
5.24. Physical tours conducted outside Israel: Operator conducts personal, public and organized tours outside the State of Israel. On such tours, you are responsible for providing yourself with any external services, including, but not limited to, security, transportation, health and accessibility equipment. You are also responsible for updating Operator in such cases.
6. ORDER CANCELLATION AND RETURN POLICY
6.1. Without derogating from the provisions of the Israeli Consumer Protection Act of 1981, the regulations promulgated thereunder and additional legal provisions governing consumer protection in Israel, you may cancel an order anytime either prior to receiving the service or within the time limit of 14 days from receipt thereof.
6.2. If you wish to cancel your order, please contact the Operator at nachliel@museumtours.co.il or by filling out a “contact us” form on the Site within the above-noted time limit. Operator will process written communication only.
6.3. In the event of cancellation of your order, Operator gives you the option to either (a) receive a credit in the amount of the purchase price for such Service to be used on the Site; or (b) receive a refund of the purchase price applicable thereto.
6.4. Any refund to you will be made in the same manner as you submitted payment of the purchase price with respect to such Service. Refunds will be provided in the method that is least costly to Operator, up to his discretion.
6.5. Unless priorly agreed upon, refunds will not be given for virtual tours that have been attended by the User or recordings that have been watched by the User or provided to the User by the Operator in any manner, means or form.
6.6. Operator does his best to offer as many payment methods as possible; however, it is up to you to arrange for the agreed fee using the agreed payment method by the agreed date. You may contact Operator to arrange payment via a method that is not currently offered by Operator.
6.7. Cancellation policies differ from service to service.
6.8. Operator fees do not include external fees, such as museum ticket costs, and such fees are not eligible for a refund in the case of cancellation of Operator services.
6.9. Personal tour cancellations: a deposit of 50% of the personal tour fees (or any priorly agreed upon deposit amount) is due ahead of the meeting and no less than 48 hours before the meeting. The remaining 50% (or any priorly agreed upon amount) is due by the end of the meeting. The deposit amount is non-refundable if a cancellation is submitted within 48 hours before the meeting. Cancellations submitted at least 48 hours before the meeting will be fully refunded. Failure to arrive for a meeting forfeits any deposit amount.
6.10. Public tour cancellations: public tours are provided on a first-come first-served basis. A cancellation submitted at least 24 hours before the meeting is eligible for a full refund. A cancellation submitted within 24 hours before the meeting is not eligible for a refund.
6.11. Operator reserves the right to cancel or reschedule meetings for any reason whatsoever. Operator will reimburse customers partially or in full, with prior agreement of the customer. Operator commits to providing Website users and participants prior cancellation notice.
6.12. Any cancellations made on the side of Operator will be refunded in full.
7. WARRANTY
7.1. The Services are original Services.
7.2. You acknowledge and agree that a photo of a Service displayed on the Site or marketing material may not accurately depict such Service.
7.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
7.4. The Operator does not warrant that any of the Services is accurate, complete, or up to date. Although the Operator makes the utmost effort to provide the best quality, world class Services, the Services might include technical, typographical, photographic or audio-visual errors.
7.5. If you find an error or a discrepancy in Operator’s material, you may check with Operator to confirm the details in question. Operator will do his best to correct the matter.
7.6. The Operator may update the Services at any time without notice. The Operator does not, however, commit to update the Services.
7.7. EXCEPT FOR THAT SET FORTH HEREIN ABOVE, THE OPERATOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS WITH RESPECT TO THE SERVICES.
7.8. To the extent applicable law is inconsistent with the foregoing limitations, these may not apply to you.
7.9. The above limitations shall survive your termination of use of the Services.
8. LIMITATION OF LIABILITY
8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OPERATOR OR ANYONE ON ITS BEHALF (“OPERATOR PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTENT, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR ANY THIRD-PARTY MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE OPERATOR PARTIES’ LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
8.3. To the extent applicable law is inconsistent with the foregoing limitation you agree that Operator Parties’ liability shall be limited to the fullest extent permitted by law.
8.4. The above limitations shall survive your termination of use of the Services.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Operator Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Terms of Use; (ii) your breach of any law or regulation applicable to you; and/or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive termination of your use of the Services.
10. FORCE MAJEURE
Operator shall not be deemed to be in breach of her agreement with you to the extent that Operator’s failure to comply with such terms arises from Force Majeure. “Force majeure” means any war, acts of terror, civil commotion, strikes, lockouts, accidents, epidemics, and any other event of any nature or kind whatsoever beyond the control of the Operator that directly or indirectly hinders or prevents the Operator from commencing or proceeding with performance of her obligations. Operator will inform you of the occurrence of a Force Majeure event as soon as reasonably practicable.
11. DATA COLLECTION
11.1. By using the Site, you agree that Operator may store any personal information provided by you as part of your use of the Site in Operator’s database. Operator will solely use such personal information to fulfill Operator’s obligations to you and as set forth in Section 11.2 below.
11.2. You hereby authorize Operator to send you periodical updates on the Services, and other marketing content, including via direct mail, all according to the Israeli Communications Law. Marketing content may be sent in a variety of ways, including via e-mail, mobile phone text messages (SMS), fax, direct mail, automated telephone dialing etc.
11.3. If you wish to unsubscribe, please send an email to nachliel@museumtours.co.il and your communication details will be removed from our mailing list.
11.4. Operator will not share your personal information with third parties without your express consent or (i) as required by law; or (ii) to protect and defend Operator’s rights and property (including enforcement of agreements).
11.5. If you wish to delete your user account or certain personal information, please send an email to nachliel@museumtours.co.il and we will remove such information (to the extent not further required to process any orders for Services made by you).
11.6. Operator may from time-to-time use "cookies" to collect statistics of your use of the Site, verify details, make adjustments to your personal preferences and for information security needs. If you don't want to receive cookies, you can avoid this by modifying the settings in your browser; however, disabling cookies may disrupt your user experience of the Site.
11.7. You may be requested to provide a customer review in or testimony writing and or in visual form about the use of the Services. Your review or testimony may be posted on the Site as promotional material, until such a time that you request to remove the review or testimony in writing.
11.8. You may be requested to download an app from the Site. Downloading the app will constitute your further agreement to provide additional personal information that is subject to applicable data collection laws.
11.9. Any identifying information collected by Operator and third parties are subject to the applicable laws and are treated in accordance with the relevant updated policies and procedures.
11.10. Inquiries regarding identifying information collected by third parties shall be directed to the relevant third party.
11.11. Any identifying information collected by Operator, intentionally and non-intentionally, are regarded with utmost respect for your privacy, and are never collected for the purpose of harm, distress or defilement.
11.12. Any requests regarding your identifying information are to be submitted in writing to Operator. Operator is fully committed to doing his best to follow and adhere to the relevant laws and regulations concerning your privacy.
12. GOVERNING LAW; JURISDICTION
12.1. The laws applicable to these Terms of Use are solely the laws of the State of Israel. You hereby agree to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, with respect to any disputes arising from your use of the Services, the purchase of Services or otherwise in connection with these Terms of Use.
12.2. You are welcome to contact us with any questions you may have about this Site or these Terms of Use at http://museumtours.co.il/#contact
12.3. To the extent you are located outside of Israel, certain mandatory legal provisions of your jurisdiction may also be applicable to you.
13. CHANGES TO TERMS OF USE; ASSIGNMENT
13.1. Operator may from time-to-time update, modify or replace these Terms of Use, in whole or in part and at its discretion, without any obligation to provide you prior notice thereof. You acknowledge that you shall be responsible for staying updated on applicable changes to these Terms of Use. The Terms of Use posted on the Site at the time of placement of your order shall be applicable to that order.
13.2. Any agreement concluded between you and Operator pursuant to these Terms of Use, or any right or obligations thereunder, may not be transferred or assigned by you. Operator reserves the right to assign Operator’s rights and/or obligations under any agreement with you to any third party, in Operator’s discretion.
6. ORDER CANCELLATION AND RETURN POLICY
6.1. Without derogating from the provisions of the Israeli Consumer Protection Act of 1981, the regulations promulgated thereunder and additional legal provisions governing consumer protection in Israel, you may cancel an order anytime either prior to receiving the service or within the time limit of 14 days from receipt thereof.
6.2. If you wish to cancel your order, please contact the Operator at nachliel@museumtours.co.il or by filling out a “contact us” form on the Site within the above-noted time limit. Operator will process written communication only.
6.3. In the event of cancellation of your order, Operator gives you the option to either (a) receive a credit in the amount of the purchase price for such Service to be used on the Site; or (b) receive a refund of the purchase price applicable thereto.
6.4. Any refund to you will be made in the same manner as you submitted payment of the purchase price with respect to such Service. Refunds will be provided in the method that is least costly to Operator, up to his discretion.
6.5. Unless priorly agreed upon, refunds will not be given for virtual tours that have been attended by the User or recordings that have been watched by the User or provided to the User by the Operator in any manner, means or form.
6.6. Operator does his best to offer as many payment methods as possible; however, it is up to you to arrange for the agreed fee using the agreed payment method by the agreed date. You may contact Operator to arrange payment via a method that is not currently offered by Operator.
6.7. Cancellation policies differ from service to service.
6.8. Operator fees do not include external fees, such as museum ticket costs, and such fees are not eligible for a refund in the case of cancellation of Operator services.
6.9. Personal tour cancellations: a deposit of 50% of the personal tour fees (or any priorly agreed upon deposit amount) is due ahead of the meeting and no less than 48 hours before the meeting. The remaining 50% (or any priorly agreed upon amount) is due by the end of the meeting. The deposit amount is non-refundable if a cancellation is submitted within 48 hours before the meeting. Cancellations submitted at least 48 hours before the meeting will be fully refunded. Failure to arrive for a meeting forfeits any deposit amount.
6.10. Public tour cancellations: public tours are provided on a first-come first-served basis. A cancellation submitted at least 24 hours before the meeting is eligible for a full refund. A cancellation submitted within 24 hours before the meeting is not eligible for a refund.
6.11. Operator reserves the right to cancel or reschedule meetings for any reason whatsoever. Operator will reimburse customers partially or in full, with prior agreement of the customer. Operator commits to providing Website users and participants prior cancellation notice.
6.12. Any cancellations made on the side of Operator will be refunded in full.
7. WARRANTY
7.1. The Services are original Services.
7.2. You acknowledge and agree that a photo of a Service displayed on the Site or marketing material may not accurately depict such Service.
7.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
7.4. The Operator does not warrant that any of the Services is accurate, complete, or up to date. Although the Operator makes the utmost effort to provide the best quality, world class Services, the Services might include technical, typographical, photographic or audio-visual errors.
7.5. If you find an error or a discrepancy in Operator’s material, you may check with Operator to confirm the details in question. Operator will do his best to correct the matter.
7.6. The Operator may update the Services at any time without notice. The Operator does not, however, commit to update the Services.
7.7. EXCEPT FOR THAT SET FORTH HEREIN ABOVE, THE OPERATOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS WITH RESPECT TO THE SERVICES.
7.8. To the extent applicable law is inconsistent with the foregoing limitations, these may not apply to you.
7.9. The above limitations shall survive your termination of use of the Services.
8. LIMITATION OF LIABILITY
8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OPERATOR OR ANYONE ON ITS BEHALF (“OPERATOR PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTENT, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR ANY THIRD-PARTY MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE OPERATOR PARTIES’ LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
8.3. To the extent applicable law is inconsistent with the foregoing limitation you agree that Operator Parties’ liability shall be limited to the fullest extent permitted by law.
8.4. The above limitations shall survive your termination of use of the Services.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Operator Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Terms of Use; (ii) your breach of any law or regulation applicable to you; and/or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive termination of your use of the Services.
10. FORCE MAJEURE
Operator shall not be deemed to be in breach of her agreement with you to the extent that Operator’s failure to comply with such terms arises from Force Majeure. “Force majeure” means any war, acts of terror, civil commotion, strikes, lockouts, accidents, epidemics, and any other event of any nature or kind whatsoever beyond the control of the Operator that directly or indirectly hinders or prevents the Operator from commencing or proceeding with performance of her obligations. Operator will inform you of the occurrence of a Force Majeure event as soon as reasonably practicable.
11. DATA COLLECTION
11.1. By using the Site, you agree that Operator may store any personal information provided by you as part of your use of the Site in Operator’s database. Operator will solely use such personal information to fulfill Operator’s obligations to you and as set forth in Section 11.2 below.
11.2. You hereby authorize Operator to send you periodical updates on the Services, and other marketing content, including via direct mail, all according to the Israeli Communications Law. Marketing content may be sent in a variety of ways, including via e-mail, mobile phone text messages (SMS), fax, direct mail, automated telephone dialing etc.
11.3. If you wish to unsubscribe, please send an email to nachliel@museumtours.co.il and your communication details will be removed from our mailing list.
11.4. Operator will not share your personal information with third parties without your express consent or (i) as required by law; or (ii) to protect and defend Operator’s rights and property (including enforcement of agreements).
11.5. If you wish to delete your user account or certain personal information, please send an email to nachliel@museumtours.co.il and we will remove such information (to the extent not further required to process any orders for Services made by you).
11.6. Operator may from time-to-time use "cookies" to collect statistics of your use of the Site, verify details, make adjustments to your personal preferences and for information security needs. If you don't want to receive cookies, you can avoid this by modifying the settings in your browser; however, disabling cookies may disrupt your user experience of the Site.
11.7. You may be requested to provide a customer review in or testimony writing and or in visual form about the use of the Services. Your review or testimony may be posted on the Site as promotional material, until such a time that you request to remove the review or testimony in writing.
11.8. You may be requested to download an app from the Site. Downloading the app will constitute your further agreement to provide additional personal information that is subject to applicable data collection laws.
11.9. Any identifying information collected by Operator and third parties are subject to the applicable laws and are treated in accordance with the relevant updated policies and procedures.
11.10. Inquiries regarding identifying information collected by third parties shall be directed to the relevant third party.
11.11. Any identifying information collected by Operator, intentionally and non-intentionally, are regarded with utmost respect for your privacy, and are never collected for the purpose of harm, distress or defilement.
11.12. Any requests regarding your identifying information are to be submitted in writing to Operator. Operator is fully committed to doing his best to follow and adhere to the relevant laws and regulations concerning your privacy.
12. GOVERNING LAW; JURISDICTION
12.1. The laws applicable to these Terms of Use are solely the laws of the State of Israel. You hereby agree to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, with respect to any disputes arising from your use of the Services, the purchase of Services or otherwise in connection with these Terms of Use.
12.2. You are welcome to contact us with any questions you may have about this Site or these Terms of Use at http://museumtours.co.il/#contact
12.3. To the extent you are located outside of Israel, certain mandatory legal provisions of your jurisdiction may also be applicable to you.
13. CHANGES TO TERMS OF USE; ASSIGNMENT
13.1. Operator may from time-to-time update, modify or replace these Terms of Use, in whole or in part and at its discretion, without any obligation to provide you prior notice thereof. You acknowledge that you shall be responsible for staying updated on applicable changes to these Terms of Use. The Terms of Use posted on the Site at the time of placement of your order shall be applicable to that order.
13.2. Any agreement concluded between you and Operator pursuant to these Terms of Use, or any right or obligations thereunder, may not be transferred or assigned by you. Operator reserves the right to assign Operator’s rights and/or obligations under any agreement with you to any third party, in Operator’s discretion.
Accessibility Statement for The Museum Guy
This is an accessibility statement from The Museum Guy.
Measures to support accessibility
The Museum Guy takes the following measures to ensure accessibility of The Museum Guy:
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Include accessibility as part of our mission statement.
Conformance status
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. The Museum Guy is fully conformant with WCAG 2.1 level AA. Fully conformant means that the content fully conforms to the accessibility standard without any exceptions.
Feedback
We welcome your feedback on the accessibility of The Museum Guy. Please let us know if you encounter accessibility barriers on The Museum Guy:
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Phone: 0544520209
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E-mail: nachliel@museumtours.co.il
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Visitor Address: N/A
We try to respond to feedback within 2 business days.
Date
This statement was created on 14 August 2024 using the W3C Accessibility Statement Generator Tool.