Terms of Use and Service Agreement

General

Terms of Use Agreement between Clients and/or Users (hereinafter called “Clients”or “Users”) and Rohkin Date Registered Association558127437. Whose address is located in Mekhora in the Jordan Valley (hereinafter: “RD”).

 The Company grows dates and sells agricultural produce to its Clients accordingly, including the sale of personal rights to “sponsor a tree” of their choosing (“Tree Adoption”), for a fixed period of time in exchange for payment whose amount will be determined from time to time, and the right to use various products and services as determined from time to time by RD, and as stated on RD’s Website (hereinafter: the “Products” or the “Right to Adopt a Tree”).,

 

Following are RD’s principles and the warranties of Clients and/or Users:

 

1. The Clients know that the sale and supply of the Products to our Clients on RD’s Website (www.adoptatreeholyland.com) (hereinafter the “RD Website”) are subject to the Terms and Conditions presented below (hereinafter: the “Terms of Service”).

B.    If you do not agree to any of the Terms of Service, please refrain from using the website. You may contact RD via telephone (+972-508818123) or email: info@adoptatreeholyland.com

1. The Client hereby clarifies that it is understood and agreed that the use of the Website and/or purchases made thereon or the entry of personal and/or sensitive information and/or details about Users constitute consent to and acceptance of the Terms found in these Terms of Use. This consent is also binding with respect to the Privacy Policy and RD’s Cancellation Policy, as well as any other guideline published by RD, with which you undertake to comply.

1. The Client knows that we reserve the right to change the Terms of Service from time to time without any warning and/or prior notice, and you hereby agree and confirm that you are responsible for reviewing the Terms of Service from time to time.

1. Any significant change to the Terms of Use and Service will enter into force automatically in either of the following cases:

• Continued use of the Website and/or Services and/or Products.
• 14 days after the publication of the Terms of Service that include the aforementioned change, whichever is earlier.

The Terms of Service are current as of July 4, 2022.

 

Privacy and Use Policy:

The operators of the ROHKIN DATE Website care about your privacy. To improve the protection of your privacy, we provide this information about our Privacy Protection Policy and the options available to you while visiting and using the Website and regarding our policy on gathering information on the Website.

If you have any questions about privacy protection on our Website, or any complaints about how information is used on the Website, please contact our Privacy Protection Officer via email ( info@adoptatreeholyland.com).

Registration (Services)

The services on the Website require a registration process (hereinafter: the “Open Zones”). In order to access the Open Zones, during your registration process, you will be required to provide personal information such as your name, telephone number and email address, in addition to other details. Some of the fields are mandatory. Without providing the information required in mandatory fields, you will not be able to subscribe to Services that require a registration process. Some Services will require additional information that is necessary due to the nature of the Service in question. However, the Operator undertakes to only make use of the information you provide for the Website’s purposes. The registration process requires the provision of accurate and correct information.

 Use of Information

During the use of the Website, information may be gathered that pertains, inter alia, to your browsing characteristics, the pages you have viewed, and the offers and services that interested you. The Operator will keep this information in its databases. The use of those data, and the data that you provide in the course of subscribing for the various Services on the Website, will be strictly in accordance with this Privacy Policy and/or the purposes that are set forth below:

To improve and upgrade the quality of the Services and content that are offered on the Website, including the creation of new Services and content that are tailored to the Users of the Website and their expectations, and to change or cancel existing Services and content according to the sole discretion of Rohkin Date.

  Rohkin Date may, subject to applicable law, send you information via email from time to time about its services, as well as marketing and advertising information, whether that information is published by Rohkin Date itself or originates in other advertisers. This information will be sent to you, but you will be able to contact the Operator at any time in writing and ask that your name be removed from the distribution list, and RD will follow your instructions. However, the Operator will not provide your personal information to advertisers.

To enable you to make use of additional Services of Rohkin Date, special sales and various activities that are offered on the Website from time to time.  

To analyze and provide statistical information to third parties, including advertisers. This information, if disclosed to third parties, will not identify you personally, as stated below.

For any other purpose set forth in this Privacy Policy or the Terms of Use of any relevant Services on the Website.

Disclosure of information to third parties

 Rohkin Date will not disclose your personal information and the information gathered about your activity on the Website to third parties (should that information identify you personally), to the exclusion of the following cases:

• If you permit Rohkin Date to disclose your personal information to third parties, including, without limitation, in the event of your consent to advertising special offers or recommended special offers.
• If you breach the Terms of Use on the Website, the provisions of the Website’s Subscription Agreement, or any of the Services offered on it, or if you commit acts through the Website or in connection therewith that ostensibly conflict with the provisions of applicable law or attempt to commit such acts;
• If Rohkin Date receives a judicial order that instructs it to disclose your details or the information about you to a third party.
• In any case in which Rohkin Date believes that the disclosure of information is needed in order to prevent you from sustaining serious bodily injury or damage to your property or the body or property of a third party.
• Any dispute, claim, demand or legal proceeding, if any exists, between you and Rohkin Date or any third party in the context of which the Operator is required to disclose information.
• Rohkin Date now organizes the activities of the Website in the framework of another corporation, and, in case it merges into another entity or merges the Website’s operations with those of a third party, it may provide the new corporation with a copy of the information gathered about you on websites or any statistical information it has, provided that this corporation accepts the provisions of this Privacy Policy with respect to you.

Right to Examine Information

Under the Privacy Protection Law, 5741-1981, any person may – by themselves or through an attorney-in-fact whom they permitted to do so in writing or their guardian – examine information about them that is stored in a database. If a person examines information about them and finds that it is incorrect, incomplete, unclear or obsolete, they may contact the owner of the database and request that the information be corrected or removed. If the database owner refuses to comply with this request, they must inform the applicant of this in the manner determined in the Regulations. The person requesting the information may present their objections – to any refusal on the part of a database owner to enable a review of information and the notice of refusal to correct or delete information – to the Magistrate’s Court in the manner determined under the Regulations.

Moreover, if the information stored on RD’s databases is used to contact you personally, based on your belonging in a certain population group, which was determined on the basis of one or more characteristics of persons whose names are included in a database, and presenting you with a commercial offer, you are entitled to demand – in writing and under the Privacy Protection Law, 5741-1981 – that the information that pertains to you be removed from the database.

In such cases, RD will remove information that it only needs to present you with commercial offers as stated. Information that the Company requires in order to conduct its business, including records of commercial and other activities which you have completed on the Website, will continue to be kept by Rokhin Date in accordance with applicable law, but it will no longer be used to contact you. If, within 30 days, you are not informed that the information that Rokhin Date was requested to remove was indeed removed in accordance with this section, you may then petition the Magistrate’s Court in the manner determined under the regulations that were promulgated under the Law, so that it will instruct Rohkin date to take the aforementioned measures.

Rohkin Date Commitment to Data Security

 Rohkin Date implements data security systems and procedures on the Website. While these systems and procedures minimize the risk of unauthorized access, they do not provide absolute safety. Therefore, Rokhin Date does not warrant that its Services will be absolutely immune from unauthorized access to the information stored in them. Rokhin Date occasionally reviews the Website’s data security and makes changes and upgrades as needed in order to maintain the Website’s data security level.

Cookies

The Website uses cookies in order to ensure that they operate regularly and properly, including for the purpose of collecting statistical data about the use of the Website, verifying information, tailoring the Website to your preferences, and for data security purposes. Cookies are text files that your browser creates according to commands than originate in the Operator’s computers. Some of the cookies will expire as soon as you close your browser, while others are kept on your computer’s hard drive. If, for example, you use the current version of Windows and the Internet Explorer browser (Microsoft), you will be able to find them in the following folders: c/windows/cookies and c/windows/Temporary Internet Files. The cookies contain various types of information, such as the pages you have visited, the time you spent on websites, the location from which you arrived at those websites, sections and information that you wish to see while you visit a website, and more. They are also used to obviate the need to enter your information every time you revisit the Website, which requires a registration process.

If you do not wish to receive cookies, you may refrain from doing so by changing your browser’s settings. To do so, please use the browser’s help file. Please remember that neutralizing cookies might prevent you from using some of the Services and features of the Website or other websites. Moreover, you can remove the cookies from your computer at any time.

 

Remarketing Policy (Online Advertising)

 Various (third-party) service providers, such as Google, present ads on websites.

Various (third-party) service providers, such as Google use cookies to present ads that are based on your previous visits to the website.

You can stop using the cookies of (third-party) service providers by visiting the following website:

Changes to the Privacy Policy

 Rohkin Date may change the provisions of the Privacy Policy from time to time. If significant changes are made to this policy that pertain to the use of personal information that you have provided, an announcement will be published on our homepage that addresses that.

Whenever an order is placed or a purchase is made on the Website, you warrant that all of the information that you have entered is correct and accurate,

and that you are the owner of the credit card that you used to make the payment.

Purchase and Supply of Products on the Website

1. RD enables you to pay for the right to use its Products and/or any of its Products that is advertised on the Website from time to time through PayPal, in the amount that appears at the time of the purchase, according to the payment date agreed upon by the Client and the credit card company and/or PayPal, as the case may be.

1. The provided Service and/or Products are in accordance with the information found on RD’s Website according to the Terms that apply at the time of placing the order.

1. The purchase is made through PayPal. PayPal provides RD with settlement and payment services. During the purchase process, you will be asked to enter your personal information, as stated in the Order Form.

1. If you experience any problems with installing your Product, you may contact us via email:mailto:info@adoptatreeholyland.com

Please note that, in case of any malfunction that takes place in the course of the purchase process on RD’s Website, you hereby agree to our contacting you in order to complete the purchase process.

Transaction Types

The contract between you and RD constitutes a one-time transaction.

Please review our Cancellation Policy, which contains the methods that can be used to cancel a transaction.

 

 Limited Liability

1. General

The process of selecting a tree, the adoption process, and the selection of the Client’s transaction type are strictly in accordance with the information found on the Website.

 The use of the Website is made solely under the User’s responsibility, and it constitutes your consent to the Terms of Use and Service that are specified above and below. RD, including the representatives, officers and directors of RD and of related companies, its employees and agents, sponsors that are related to it, advertisers, franchisees and suppliers (hereinafter: “RD and the Officers”) are exempt from any implied or explicit liability in connection with the Website and your use thereof.

RD is not responsible for any inaccuracies or errors on its Website, during the time of its use or at any other time. All of the information, Product prices, types of contracts, special sales etc. may change without prior notice.

The following acts and/or omissions, which are not the result of a direct and conscious act and/or omission of RD and/or any of its managers and/or employees and/or agents and/or any officer, are solely the responsibility of the Users:

• Damage caused as a result of unauthorized access to the Website and/or any of your personal information and/or other information.
• Direct, indirect, incidental, special, punitive or consequential loss of any kind.
• Disruption of the Website’s operations and the Services.
• Loss of or changes to information as a result of viruses or any other type of malware that could be transmitted either through RD’s Website or a third party.
• Direct, indirect, incidental, special, punitive or consequential loss of any kind, including any loss of information caused by the installation of any Product and/or the removal of the installation of any Product, whether effected by you or by RD or by any third party, or in case of the cancellation of a transaction in accordance with RD’s Cancellation Policy.
• Any offensive or illegal conduct of any third party.
• Damage or loss that results from any of the above and that you have sustained due to any of the above-described events and in general.
• Damage caused as a result of using a product or service that is advertised or offered by a third party through the use of a DW brand or any other form of advertising.

The aforementioned limited liability will apply to the maximum extent permitted by law.

2. Description of Products and availability – RD does not warrant that the description of a product or any other content on the Website is accurate, up-to-date or devoid of errors. The pictures of the Products or their description on the Website are strictly used for illustration purposes. Any product may be removed from the Website at any time and without any warning on the part of RD. RD does not undertake to supply any Product that is advertised on the Website, and all subject to its discretion, according to the availability of Products and RD’s sole discretion, in connection with their sale and supply.

3. Warranty (quality and use of Products) – RD provides a unique service, including         the supply of agricultural produce.

   RD is not responsible for the quality of the Products and does not provide a manufacturer’s warranty under applicable law with respect to products or any other type of warranty, including warranty for the quality of products or warranty with respect to any direct or indirect damage that could be caused as a result of their installation, removal and use, and you hereby fully and irrevocably release RD and the Officers from any liability in this context.

 

4. Installation and/or Delivery – RD is not responsible for any damage and/or loss and special expenses incurred by Clients as a result of the delivery and/or supply of an ordered Product, ancillary damage, including consequential loss, loss of profits, other losses, and any erroneous details that were entered by the Client in the course of the purchase process or due to a force majeure event, or for any other reason that is beyond RD’s control.

Intellectual Property and Trademarks

General – RD, the Website’s owners or the author of the content in question, as the case may be, own the copyrights to the Website’s design, source code, elements and content and no act that involves them may be committed the right to perform which is entrusted to the copyright holders without the explicit permission of the aforementioned copyright holders.

For the avoidance of doubt, any of the Website’s content, including everything written and stated on it, the graphic elements of which it is comprised, including images, logos, photographs, audio clips, video clips, and any other digital item, are the property of RD or any representative thereof, including the suppliers of the Products and content (hereinafter: the “Website”).

It should be emphasized that the content of the Website is protected by intellectual property laws and Israeli and international copyright protection laws, including any software programs and/or applications that are used on the Website, whether owned by RD or any of its suppliers (software or other suppliers), and they are the exclusive property of RD or its suppliers, and are protected by intellectual property laws and Israeli and international copyright protection laws.

 

 “Trademarks” as defined in these Terms of Service and Use are:  

 

and ADOPT A TREE!  Including the trademarks of RD and/or the Products’ suppliers and/or those of any related company with respect to the presentation of everything that is shown on the Website, and they are the trademarks of RD and everything stated above accordingly.

The Trademarks found in this Agreement, whether registered or unregistered, including the graphic element of the Website, logos, design elements, titles, symbols, scripts, expressions and names are trademarks of RD. Other trademarks, including the names of companies and products, the logos of other companies and the suppliers and/or partners of RD that are shown on the Website, including those of various products that are shown on the Website and/or are related thereto, are the property of their respective owners as stated above.

       The content of the Website and the Trademarks will be hereinafter referred to as the “Intellectual Property.”

The Users’ Liability 

By agreeing to the Terms of Service, you hereby warrant as follows:

• That you will not make any use of the Intellectual Property, including in connection with any product and/or service that is not a product or service of RD, in a way that could cause confusion with respect to RD’s products or in a way that could adversely affect the Company and its reputation.
• That you will not negatively or disparagingly present RD and/or any representative thereof and/or its suppliers and/or other service providers, including damage to reputation.
• You will not make any use in a way that adversely affects the rights of any third parties, including by way of advertising and distribution, by way of presentation, copying or in any other fashion, be it digital or otherwise.
• The liability created by the use of Users as described above will in no event apply to RD and/or any of its representatives and/or suppliers and/or service providers in all matters pertaining to any prohibited use of the Intellectual Property, including on account of any loss or damage of any kind caused by any prohibited use of the Intellectual Property as stated above or any part thereof.

User Content

By agreeing to the Terms of Service, you hereby warrant and represent as follows:

• Any content that is uploaded by Users on the Website will not constitute a violation of the proprietary rights of any third party, whether registered or not, including copyrights of any type or kind, patent registrations, trademarks, logos and so on, and their right to privacy.

• For the avoidance of doubt, you hereby warrant as follows:

• The content is accurate, exclusively owned by you, and does not contain any false and/or misleading content.
• You hereby represent that RD and any representative thereof and/or officers and/or related parties thereof are exempt from liability towards any third parties for any damage or loss caused to them as a result of a breach of any of your aforementioned obligations. 
• You hereby represent that you will fully indemnify RD and/or any representative thereof and/or any officer and/or others for any damage, expense, or loss of any kind that is caused by any demand and/or legal action of a third party against RD and any Officers pursuant to your breach of the Terms of Service presented above and below, with which you have undertaken to comply.

Miscellaneous

• Use of Rights – An extension provided by RD and/or the non-enforcement of any of the terms of this Agreement or the non-use of any of RD’s rights under this Agreement will not be regarded as a waiver of any of RD’s rights hereunder, and will not serve as a precedent with respect to any other and/or similar case.

• Compensation and indemnification – You hereby undertake to fully exempt RD and any of its representatives and/or suppliers and/or any officer from any liability with respect to any action and/or claim and/or demand and/or undertaking and/or expense caused by or related to, directly or indirectly, your use of the Website and its Services, and you undertake to fully compensate and/or indemnify RD and any representative thereof and/or its suppliers and/or any officer for any damage and/or expense and/or loss caused by any claim and/or action as stated above.
• Jurisdiction – The competent courts in Jerusalem District, Israel are entrusted with exclusive jurisdiction over any and all of the matters described above. You hereby irrevocably and unconditionally agree to the aforementioned jurisdiction, and undertake as follows:
  • You will not petition any other court.
  • You will not seek temporary remedies of any kind.
  • You will not make any claim against the aforementioned applicable law and jurisdiction.
• Validity – If the validity of any of the Terms of this Agreement is canceled, or, if, for any reason, it is deemed unenforceable, this will not adversely affect the validity and enforceability of the other Terms of Service and Use and/or this Agreement, as the case may be.
• The dates will be supplied from the plot in which the tree was adopted or planted.
• The purchaser may have the agricultural produce – the dates – sent to any other address on behalf of the purchaser (the tree’s adopter).
• The delivery of agricultural produce – the dates – will be uniformly packaged and will have a fixed weight with respect to every order and purchaser, according to the weights and measurements that are commonly used in the United States.

RD’s Cancellation Policy

Purchases or transactions may be canceled within 14 days of placing the order by way of a written and prior notice, which will be sent through the Website or via email ( info@adoptatreeholyland.com).

In case of such cancellation, your account will be charged with cancellation fees will be equal to 5% of the transaction’s value or NIS 100, whichever is lower, with respect to each order item (adoption, planting, agricultural produce, etc.).

If agricultural produce has already been sent (hereinafter: the “Dates”) to the Client/purchaser, it will not be possible to cancel the purchase or order.

It should be emphasized that any delivery of Dates will conform to the date harvest times that are common in the location in which the dates are grown, and subject to the restrictions that apply to self-deliveries and the conditions and terms of marketers in Israel and overseas.

It should further be emphasized that the Dates, as defined above, are “dry dates,” which are not exposed to damage caused by the weather and the restrictions that apply to international transportation and/or supply. Moreover, in light of the above, the Website and its owners do not require any certificate in order to deliver and market them.

Any demand for compensation and/or refunds on account of Dates that are not fit for use or consumption and that are received by the Client will be examined according to the proof of damage (images, video clips, etc.), which RD will receive through the Website or the aforementioned email address, within a reasonable time frame between the receipt of the Dates by the Client and the demand’s receipt by RD.

For the avoidance of doubt, any demand for compensation and/or refunds on account of Dates that are not fit for consumption or use and whose quantity upon being received by the Client is up to 5% of the total quantity of Dates received by / sent to the Client will not be accepted.

The right to cancel the purchase of a product and/or service found on RD’s Website is in accordance with the provisions of applicable law, including the Consumer Protection Law, 5741-1981, and the Consumer Protection Regulations (Cancellation of Transactions), 5771-2010, as of the date of cancellation.

The relevant laws and regulations can be found by means of search engines and the websites of consumer organizations.

Persons with disabilities, senior citizens and new immigrants – Please note: a consumer who is a person with disabilities, senior citizen or new immigrant may cancel a remote transaction up to four months of the receipt of the Product under the terms prescribed by applicable law, including the demand to present a certificate that attests to that status.

methods used to cancel transactions:

1. Audio messages – You may contact us via telephone or WhatsApp (+972-508818123)

1. Email: info@adoptatreeholyland.com

1. Website: https://adoptatreeholyland.com/ (in the section of the Website that is intended for users who wish to submit a Purchase Cancellation Request).

At the same time, in order for us to be able to efficiently handle your cancellation notice, we recommend creating the cancellation request in the designated section of the Website, which will include the following information:

• Full name and telephone number.
• Email address.
• Subject matter of request.
• Reason for cancellation (optional)
• After the notice of cancellation:

      Upon the transaction’s cancellation, RD will send you a notice of cancellation and discontinued billing within three business days of the notice of cancellation. A notice of cancellation sent via email will result in the billing’s being discontinued within seven business days of its delivery. For the avoidance of doubt, it should be noted that your account or credit card will be billed until the date of the notice of cancellation.

     The cancellation fees that you will pay will amount to 5% of the transaction’s value or NIS 100, whichever is lower, with respect to each order item, as stated above.

 

This agreement is dated July 4, 2022.