Terms and Conditions
Last updated: February 20, 2019
Y.Y Mariner has developed this a web-based service, offering you the option to review our online catalog and order Company’s products (“Website“).
- Acceptance Of Terms
This Terms and Conditions (this “Terms“) govern all use by you as a user of the Website and/or as a purchaser of its products (all, the “Services“) and services. Y.Y Mariner Ltd. (the “Company“) is the operator of the Service. The Services are offered subject to your acceptance without modification of all of the Terms contained herein and all other operating rules, policies and procedures that may be published from time to time on the Services or at any other place by the Company.
BY USING OR ACCESSING ANY PART OF THE SERVICES, OR BY PURCHASING ANY PRODUCTS, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SERVICES OR AT ANY OTHER PLACE BY THE COMPANY. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES AND DO NOT PURCHASE ANY PRODUCTS.
The Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services and/or purchasing of Products following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services and/or purchasing of Products.
- Your Use of Services
- Your Use Of The Services
The Company hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to access and use the Services solely for private and personal use (i) in compliance with these Terms, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services; (v) engage in any activity that interferes with or disrupts the Services; (vi) engage in any fraudulent activity or activity that facilitates fraud; or (vii) engage in any activity that infringes any right, including but not limited to intellectual property rights, of any third party.
- Password And Security
As part of using the Service, you may create a password or any kind of additional security method. You are responsible for maintaining the confidentiality of the password or any kind of additional security method and are fully responsible for all activities that occur on your phone or computer any other device. The Company cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your phone or computer or any other device.
You agree to defend, indemnify and hold the Company, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim“) due to or arising out of: your use of, contribution to or connection with the Services; your violation of these Terms; and/or your violation of any rights of third parties. The Company shall provide notice to you of any such Claim, provided that the failure or delay by the Company in providing such notice shall not limit your obligations hereunder. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting the Company’s defense of such matter.
- Service Modifications/Suspensions
The Company reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) or the sale of Products, for any reason or no reason with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or of the sale of Products, or any loss or damage that may occur out of such actions by the Company.
The Company, in its sole discretion, may terminate your right to use the Services, at any time for any reason or no reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Terms. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate any further access to the Services. Further, you agree that the Company shall not be liable to you or any third party for any termination of your right to use or otherwise access the Services. All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, and indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites, services or resources. Because the Company has no control over such websites and resources, you acknowledge and agree that the Company is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
- Disclaimer Of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Limitation Of Liability
THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) ANY MATTERS BEYOND THE COMPANY’S REASONABLE CONTROL. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE THE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES OR YOUR ACCESS AND USE OF THE SERVICES.
- Direct Mail Advertising
The Company may send you, from time to time, marketing and advertising information messages via your email.
By providing your email address you hereby agree and approve receiving of such messages from the Company.
You may, at any time, cancel your approval, by clicking the relevant link directly in the message or by proper message to firstname.lastname@example.org
Notices to you may be made via either email or regular mail to the address in the Company’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to the Company shall be sent in writing to our mailing address at email@example.com
- Trademark Information; Designs; Intellectual Property
The trademarks, service marks, and logos of the Company (the “Company Trademarks“) used and displayed in connection with the Services are registered and/or unregistered trademarks or service marks of the Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks“, and, collectively with Company Trademarks, the “Trademarks“).
The designs and all intellectual property (the “Intellectual Property“) in the products represented on the Website are the sole property of the Company.
The offering of the Services shall not be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed in connection with the Services or Intellectual Property in the products, without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company, any third party or the Company’s or third party’s products or services, or in any manner (in the Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as a part of a link to or from any site is prohibited unless the Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit. The Intellectual Property or may not be used in any manner (in the Company’s sole judgment) that may infringe the Company’s rights in the Intellectual Property.
For the avoidance of all doubts, it is hereby clarified that all photos and images on Website, are for illustration only, and actual products may be varied in shape, size, color etc.
- Payments and Billing
The Company provides you with a platform to purchase products. The prices for such products are detailed at the Website and the final fee should appear at the end of the process, prior to fulfillment of payment.
Payments may be made by a valid credit card and subject to the credit card company’s terms and policies.
The Company shall not be held responsible for any package that does not make it through the local customs. You are solely responsible for complying with your local laws.
The Company shall not be held responsible for any import tax that may occur and it is your sole responsibility to pay such tax.
In case you refuse the package due to any duties or taxes, you shall bear full liability for all costs involved in the process.
Arrival time depends on Israeli post services. In any case, the specific time table for shipping shall be displayed on the product page on the Website.
Products may be returned to the Company (in original packaging and without any use) within 14 days of product supply and a refund shall be issued, minus delivery fees.
In any case of returning a product, a receipt or other proof of purchase is required.
Any returned product must be coordinated with the Company prior to return.
In certain situations only a partial refund shall be issued, subject to Company’s sole discretion:
- Products with obvious signs of use.
- Any product not in its original condition is damaged or missing parts for reasons not due to the Company’s error.
- Any product that is returned more than 14 days after purchased.
A refund shall be issued subject to Company’s sole discretion and after receiving the returned products. A refund shall be issued via the original method of payment.
Defected or damaged products may be returned to the Company, subject to providing proof of defect and approval of the Company.
The Company reserves the right, at its sole discretion, to halt the Services provided to you (partly or fully), in any case of delay in due payment, until such payment fully paid. The Company shall not be responsible and will not be liable for any loss, damage or other liability arising from such actions.
- Entire Agreement
These Terms constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and the Company on the subject matter hereof.
- Choice of Law
The laws of the State of Israel shall govern these Terms. Any dispute which may arise in connection with this Terms shall be brought to the competent court in the Tel-Aviv district, Israel, which shall be granted exclusive jurisdiction.
- Waiver & Invalid Provisions
The failure or delay of the Company to exercise or enforce any right or provision of this Terms shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms shall remain in full force and effect.
The section titles in this Terms are for convenience only and have no legal or contractual effect.