Definitions

In these Terms and Conditions, the terms defined herein shall have the following meanings:

• The Company: Dikla Bitton International Ltd., Registration No. 515422715.
• The Website: The website located at www.diklaspirit.com
• The Services: The services listed on the Website and offered for sale.
• Business Day: Regular weekdays (Sunday to Thursday), excluding: Fridays, Saturdays, holiday eves, public holidays, intermediate days of festivals, and memorial days.
• User: Any individual who uses the Website and its subsidiaries, the services, and the contents included therein, including placing and purchasing services.

Status of the Website Terms and Conditions

1. The following Website Terms and Conditions constitute a binding agreement between the User and the Company and/or its representatives. By engaging with the Company, the User fully consents to all the terms of this agreement after having had the opportunity and time to consider their decision thoughtfully and with a clear mind.
2. The Website operates as a virtual store selling consulting services and energetic activities, owned and managed by the Company.
3. For any questions, clarifications, or inquiries, you can contact the Company directly via email at support@diklaspirit.co.il.
4. These Terms and Conditions serve as the legal foundation for orders and browsing the Website, forming a contractual relationship between the Company and the Website users and its subsidiaries. Browsing the Website and/or performing actions on the Website or its subsidiaries (such as WhatsApp, email, phone, applications) constitutes the User’s agreement to comply with and adhere to the provisions of these Terms and Conditions. If you do not agree with any of the terms of these Terms and Conditions, you are requested not to use the Website or its subsidiaries. The use of masculine/feminine language is for convenience only; however, all references apply equally to all genders without distinction.
5. Placing an order and/or purchasing a product through the Website or its subsidiaries is subject to all provisions and conditions of these Terms and Conditions. Subject to any applicable law, the User and/or anyone on their behalf will have no claims and/or demands and/or lawsuits against the Website and/or the Company and/or any of its directors and/or employees concerning the provisions and conditions of these Terms and Conditions.
6. The Company reserves the right to amend the Terms and Conditions from time to time at its reasonable discretion under the relevant circumstances, without the need for prior notice and/or warning. Notwithstanding the foregoing, in any event of a material change to the Terms and Conditions, the Company will publish a notice of such change, which will take effect within 7 days from the date of the notice.
7. Product prices include VAT, if applicable by law.
8. The Company’s computer records alone, regarding the actions conducted through the Website, shall serve as prima facie evidence of the correctness of the operations.
9. The service images displayed on the Website are for illustrative purposes only and do not in any way bind the Company.
10. The Company makes every effort to ensure that the information presented on the Website is as complete and accurate as possible. However, it should be clarified that inaccuracies or errors may appear in good faith, and subject to the provisions of the applicable law, the Company will not bear any responsibility arising from them or related to them.
11. The Company reserves the right to update the prices of the services on the Website from time to time without the need for prior notice. The prevailing price in relation to an order placed is the price published on the Website at the time of completing the order process (including providing credit card information). If the prices are updated before the order process is completed, the User will be charged according to the updated prices.
12. The User hereby gives their consent to the Company to contact them in the future to offer promotions and discounts on the Website or through any other communication medium, including telephone, email, or text message, subject to obtaining consent as required by law. The Company reserves the right to terminate, replace, or modify these promotions, benefits, and discounts at any time, subject to the applicable legal provisions.
13. The Website Terms and Conditions apply to the use of the Website and the services included therein through any computer or other communication device (such as mobile phones, handheld computers, etc.). Similarly, they apply to the use of the Website whether via the Internet or through any other network or communication means.
14. When updating the shopping cart, and subject to applicable law, the Company reserves the right to send a reminder to the User about the abandoned cart by sending an email to the address provided.
15. Upon entering the Website, Users are offered the option to subscribe to the Website’s official newsletters. Should the User wish to unsubscribe from the newsletter after having registered, they may do so easily through the link provided at the bottom of the received newsletter or by sending a written request via email to: support@diklaspirit.co.il. For the avoidance of doubt, the Company shall still be entitled to use the User’s details for the purposes specified in the Company’s Privacy Policy detailed in Section 8 of these Terms and Conditions, as well as for the purpose of sending operational messages (e.g., receipt of an invoice, order confirmation, etc.), in accordance with applicable law.
16. Promotions and discount coupons apply to all items on the website, except for sale items, unless explicitly specified otherwise in the terms of a specific coupon or promotion. The terms for the redemption of coupons or the conditions applicable to promotions are detailed at the end of the terms and conditions page and in various publications on the website. Coupons may be redeemed only for purchases made on the website, and no more than one coupon can be redeemed per purchase.
17. To access or use the Website, you must reach the age of majority or the legal age in your jurisdiction (generally eighteen (18) years or older) as per the laws of the State of Israel. Users under the age of majority in their jurisdiction (generally under the age of 18) must obtain parental or guardian consent and be under direct supervision in order to access the Website. If a user is between thirteen (13) to seventeen (17) years old and wishes to use the Website, they must: (a) ensure that a parent or guardian has read and agreed to this Agreement before using the Website; (b) have the legal capacity to contract with the Company under this Agreement. Parents and guardians are responsible for supervising minors using the Website and must prevent unauthorized, irrelevant, obscene, and/or immoral use by minors under the age of majority. Persons under the age of thirteen (13) are not permitted to access or use the Website and its affiliates. By using the Website, you confirm that you have reached the age of majority or the legal age in your jurisdiction (at least eighteen (18) years old). The User declares that they are over the age of 18. Entering credit card details of a parent and/or guardian will be considered as giving consent for the purchase to be made by a minor user.
18. The User declares that they are not a person with a disability as defined in the Equal Rights for Persons with Disabilities Law, 1998, and are not included within the definitions of a senior citizen or a new immigrant according to Section 14C1(a) of the Consumer Protection Law, 1981. In the event that the User does fall under one of the aforementioned definitions, they must inform the Company management in advance and prior to purchasing services, so that all relevant terms can be adapted and explained to them in a language and manner they understand.
19. The User declares that they are of sound mind, not taking any medication related to mental health, not appointed a guardian for body and/or property, and not receiving any form of mental health treatment. Should the User be unable to make this declaration, they must notify Company management in advance and prior to entering into any agreement, so that the possibility of entering into an agreement and/or an appropriate method of engagement can be considered.
20. The Company reserves the right, at its reasonable discretion under the circumstances, to cease operations on the Website at any time and without prior notice (however, it will honour orders that have already been confirmed up to that date).
21. The Company reserves the right to prevent access to the Website, restrict the ability to order services through the Website, cancel orders, or discontinue the User’s use of the Website in any case where: (a) the User has committed an illegal act and/or violated statutory provisions; (b) the User has breached any of the terms of the regulations or any other binding instructions that appear on the Website or in other contractual documents between the User and the Company; (c) the User has acted or omitted to act in a manner that could harm the Company and/or its representatives and/or any third party, including other users of the Website or the proper functioning of the Website, including but not limited to fictitious orders and/or intentional cancellations of transactions; (d) if there is a financial debt to the Company and/or its affiliates that has not been paid by the due date; or (e) for any other reason not specified above which the Company deems appropriate, at its reasonable discretion under the circumstances.
22. In such cases, the Company shall be entitled, inter alia and without limitation, to track the User’s activity on the Website, disclose the User’s behaviour patterns to the relevant authorities and/or third parties who can demonstrate, to the Company’s satisfaction, that they have been harmed by the User’s infringing activity, as well as to take any other action the Company deems necessary to protect its property and/or rights and/or the rights of third parties.

Submitting Orders via the Website

1. Orders and purchases of services will be conducted by users on the website. It should be clarified that the completion of all details for the purpose of ordering on the website constitutes a prerequisite for making the order.
2. The Company will not use the user’s details for any purpose other than in accordance with the website’s privacy policy, which is an integral part of these Terms and Conditions.
3. In order to ensure that the order is processed efficiently and without any issues, it is important to provide all the required details on the website accurately and up-to-date. If incorrect information is provided during the order process, the Company cannot guarantee that the order will be received, processed, or that the services will be executed.
4. A condition for placing orders through the website is that the user holds a valid credit card or another payment method (such as a bank transfer) that has not been restricted or blocked for any reason. If a credit card is used, only a valid Israeli or international credit card issued in Israel by one of the credit card companies will be accepted. If the user utilizes a credit card or other payment method belonging to a third party, the use of the credit card or the mentioned payment method is done with the full knowledge and consent of the registered owner of the credit card or payment method, and the user shall bear full responsibility and indemnify the Company immediately for any claim and/or demand made by the owner of the credit card or other payment method or any third party in relation to the user’s use of the credit card or other payment method as mentioned.
5. Upon completing the order by the user, the Company will verify the credit card details. Upon approval of the order by the credit card companies, a notification will be sent to the user confirming that the transaction has indeed been approved.
6. The order details as entered by the user in the order form and the transaction record in the Company’s systems will constitute absolute and conclusive evidence of the correctness of the transaction.
7. In the event that the transaction is not approved by the credit card company, the user will receive an appropriate notification and will be required to provide an alternative payment method.
8. After entering the payment details on the payment page, the user will receive a confirmation via the email address provided during the purchase, acknowledging receipt of the order details. This confirmation does not obligate the company to provide the services and serves merely as an indication that the order details have been received by the company.
9. If it is determined that the user’s credit card, or any card on their behalf, is invalid, or if the credit card company does not honor the transaction (or any other available online payment service fails to honor the charge), the services will not be provided to the user.
10. When paying through any other online payment service provider, the user will be required to enter the details of their existing account on the website or may choose to quickly open an online payment service account. If the user decides to pay via another online payment service provider, the company will only be able to collect payment for the products after receiving approval from the provider. The use of and approval from the online payment service is subject to the terms of use and privacy policy of the online payment service provider, and not those of the website.

Cancellation Policy

d. Cancellation Policy: Cancellation of the transaction is permitted until the actual commencement of the service, and in such a case, a full refund will be provided, less processing, registration, and cancellation fees of up to 200 $ plus VAT. If the Company has commenced providing the service, no financial refund will be given, and the engagement cannot be cancelled.

Company’s Liability

1. Subject to the limitations of liability under the applicable law, the Company and/or anyone on its behalf shall not be liable for, and shall not bear any direct, indirect, consequential, or special damages caused to the user and/or any third party, as a result of use or purchase through the website, contrary to the provisions of these terms and conditions, or due to actions or omissions of the user and/or third parties, including, without limitation, communication providers (including in connection with any malfunction and/or disruption, temporary or permanent, in the communication lines) and/or unauthorized access, attacks, hacking, and penetration of information (or any attempt to perform any of these) through communication lines or any other communication network and/or due to delivery and/or collection services.
2. In any event, subject to the limitations of liability under the applicable law, regardless of the grounds for the claim, the Company’s liability shall not exceed the total payments made by the user to the Company. In any case, the Company shall not be liable for consequential or indirect damages, including loss of income and/or loss of profit, caused for any reason whatsoever.
3. The Company and/or anyone on its behalf shall not be liable for any malfunction and/or delay and/or disruption in the use of the website and/or the services included therein and/or in connection with any of these (including but not limited to, disruptions in Bezeq lines and/or internet systems and/or cellular networks) and for any expense, loss, or damage caused for any reason beyond the Company’s control, including but not limited to, as a result of an order and/or regulation and/or directive of a government authority, substantial paralysis of communication systems, earthquake, storm, shortage of materials and/or public services and/or transport services, fire, flood, explosion, accident, epidemic, strike, lockout, riots, public disorder, war, act of terror and/or hostility, and lockdown.
4. These circumstances shall not be considered a breach of these terms and conditions and shall not entitle the user to any remedy and/or rights.
5. If a clerical error is made in the service description, this will not bind the Company and/or anyone on its behalf.
6. The Company is not responsible for the use of the service by the user and/or any other person in a manner that is not in accordance with the Company’s instructions.
7. The Company will make every effort to provide quality services. If the user believes that the services purchased through the website, or any service provided to them through the website, are defective in any way, they are invited to contact support@diklaspirit.co.il via email, and the Company will address the inquiry as soon as possible.
8. The Company may, during the use of the website, provide links and references to various websites and pages on the internet operated by third parties (“Linked Sites”), where the user may, among other things, obtain or purchase different services. The user may be required to register, provide various details, etc., on these sites and pages. It is clarified that the Company has no knowledge, control, or responsibility regarding the activities on these sites. Providing details and registration on these sites are not subject to the Company’s privacy policy but rather to the privacy policy of the respective Linked Sites and the provisions of any applicable law. Browsing these sites and pages, as well as any other actions performed by the user in relation thereto, are at the user’s and the Linked Sites’ owners’ sole responsibility, and the user shall have no claims and/or demands for direct and/or indirect losses or damages against the Company and/or anyone on its behalf arising from reliance upon and/or use of content and/or information provided on these sites.
9. The Company reserves the right to change the services, prices, and promotions offered on the website and/or to terminate any service at its sole discretion without prior notice.
10. Entertainment Use Only: The services provided on the website are intended solely for entertainment purposes.
11. Users agree to utilize the website’s services for lawful purposes only, and in accordance with all applicable laws and regulations of the State of Israel, or of the country in which they operate.
12. Fair Business Conduct: Users operating outside of Israel are required to adhere to the standards of ethical litigation (S.e.L.) that are universally accepted within their respective market.
13. Prohibited Use of Services: It is strictly forbidden to use the website services to disseminate harmful, inciteful, racist, or any other content that violates the law.
14. The Company reserves the right to remove any content and block users who use the website services in violation of these provisions.
15. In the event of unlawful use of the website services, the Company will be entitled to take any legal and other actions available to it, and may also transfer the information to the appropriate authorities.
16. In the event of unlawful use of the website services, the Company will be entitled to take any legal and other actions available to it, and may also transfer the information to the appropriate authorities.
17. The user declares that they did not contact the Company as a result of any advertisement or marketing action by the Company, but rather found the Company’s website of their own volition and chose to contact the Company to complete the transaction, which is to receive service. The user undertakes to maintain confidentiality in their dealings with the Company regarding the type of service provided, to avoid damaging the good name of the Company and/or any party acting on its behalf.
18. For any breach of this obligation, agreed compensation of 10,000 $ shall apply, without prejudice and/or detriment to any remedy available to the Company, while estimating the expected damage from any such breach.
19. The user acknowledges and agrees that Dikla Bitton International Ltd., registration number 515422715, or any of its subsidiaries, do not control the quality, relevance, or accuracy of any advice provided by consultancy and/or any service and are not authorized to deliver any specific consultancy and/or service, whether the consultancy and/or service is accurately classified or categorized to deliver the consultancy and/or requested service by the user, or whether any publication or transmission through the website platform or any other communication platform between the user and the company, even if the user defines the consultancy and/or service as accurate, correct, relevant, or appropriate. Any opinion, response, advice, suggestion, prediction, information, and/or service provided by the company is supplied for entertainment purposes only. The user should not rely on or make health, legal, financial, or other decisions based on advice provided by the company. By accessing or using any services offered on this site, the user confirms and agrees that any decisions or actions taken based on these services are made at the user’s discretion and responsibility. The company will not be responsible for any outcomes or damages resulting from the use of our services. The company strongly recommends users seeking medical or mental health advice to consult a qualified professional in person. If you are contemplating suicide, feel you may be a danger to yourself or others, or have a medical emergency, please immediately notify the police or emergency medical services in your area.
20. The Company clarifies that it will make its best efforts to ensure the success of the service provided, including utilizing the best skills, abilities, and experience in the most optimal manner to achieve an optimal result. However, it is explicitly clarified that the Company and/or anyone on its behalf has no control over the outcome, and therefore the Company does not guarantee any specific result. This matter is clarified before the engagement to align expectations. The failure to achieve a particular result does not constitute grounds for terminating the engagement or for refunding any consideration and does not imply a failure to fully provide the consideration. It is clarified and agreed that the consideration for the payment is not the achievement of a particular goal or result, but rather the actions the Company undertakes to perform.
21. The Company clarifies that it will make its best efforts to ensure the success of the service provided, including utilizing the best skills, abilities, and experience in the most optimal manner to achieve an optimal result. However, it is explicitly clarified that the Company and/or anyone on its behalf has no control over the outcome, and therefore the Company does not guarantee any specific result. This matter is clarified before the engagement to align expectations. The failure to achieve a particular result does not constitute grounds for terminating the engagement or for refunding any consideration and does not imply a failure to fully provide the consideration. It is clarified and agreed that the consideration for the payment is not for the achievement of a particular goal or result, but rather for the actions the Company undertakes to perform.
22. It is clarified that all the services provided by the Company are based on information presented to it and on the basis of the facts and/or factual data. Therefore, the user confirms that the information provided to the Company is complete and accurate, devoid of conclusions and personal opinions, and that the information provided is all the information and all the relevant data pertinent to the case. It is clarified that failure to provide all the details as they are and/or failure to provide relevant details may alter and/or impact the manner of service delivery and/or its success.

Applicable Law and Jurisdiction

1. These terms and conditions shall be construed in accordance with the laws of Israel only. In any dispute arising from these terms and conditions or their performance, interpretation, and enforcement, the courts in Tel Aviv-Jaffa shall have exclusive jurisdiction.
2. Any discrepancy between Hebrew text and English text of this agreement, regulations notices or other documents will be resolved based on the Hebrew document.

Intellectual Property Rights

1. All intellectual property rights on the website and/or in the products, including copyrights, services, methods, and trade secrets, are the sole property of the Company or, as applicable, third parties. These rights apply, among other things, to content on the website, including services offered, product lists, descriptions, services, and any other detail related to the site’s operation, design, software, application, computer code, graphic file, text, etc., whether in the external interface, source code, or object code.
2. No commercial use may be made of the data published in the database on the site, the list of products appearing on it, or other details published on it, without the company’s prior written consent.
3. Data published on the site may not be used for presentation on any other site or service without the Company’s prior written consent and subject to the terms of that consent (if given).
4. The name ‘Dikla Spiritual Consultant’, ‘DIKLA SPIRIT’, as well as the website’s domain name and the trademarks (whether registered or not), are all the exclusive property of the Company. They may not be used without the Company’s prior written consent.
5. All textual content, icons (ICONS), any information and/or display appearing on the site, including graphics, design, verbal presentation, trademarks, logo symbols, including their arrangement and presentation on the site, are the exclusive property of the Company.
6. The services of the site must be used solely for lawful purposes.
7. No part of the content available on the website may be copied or used, nor may others be allowed to use it in any way, including on other websites, in electronic publications, in print publications, and the like.
8. No application or computer tool, including Crawlers, Robots, and similar software, may be operated or allowed to operate for the purpose of searching, scanning, copying, or automatically retrieving content from the website. In addition, such means may not be created or used to generate a compilation, collection, or database that contains content from the website.
9. Content from the website may not be displayed within a frame (either visible or hidden).
10. Contents from the website may not be displayed in any manner – including through the use of any software, device, accessory, or communication protocol – that alters their design on the website or omits any content, particularly advertisements and commercial content.

Privacy Policy

1. The personal details provided by the user on the website, and any other data provided, produced, or processed based on the analysis of these details and any information about the user that has reached or will reach the company during the use of the website (“User Details”), shall be subject to the company’s privacy policy as detailed below. In this regulation, the term “User Details” includes any personal information collected by the company or provided to the company by you or anyone on your behalf, through which you can reasonably be identified and/or information protected under the Privacy Protection Law, 1981 (“Privacy Protection Law”), including, but not limited to, first name, last name, ID number, residential address, telephone number, date of birth, email address, services ordered, location identification, interests, payment methods, additional information when contacting, and correspondence with the company, etc.
2. The Company shall not share User Details except in any of the following instances: (a) if it is required to do so by judicial order or by law; (b) if it receives a notice of legal proceedings against it due to actions performed by the user and/or anyone on their behalf, and in any dispute, claim, lawsuit, demand, or legal proceedings, if any, between the user and the Company; (c) if the Company organizes its activities within another entity, and in the event that it merges with another entity or merges its activities with another entity’s activities, the Company shall be entitled to transfer the User Details to the other entity, provided that the other entity assumes the provisions of this privacy policy; (d) if a claim is made or the Company suspects that the user (including anyone on their behalf) has performed an act and/or omission that harms and/or may harm the Company and/or anyone on its behalf and/or any third parties; (e) if a claim is made or the Company suspects that the user has used the services for an illegal act and/or to enable, facilitate, assist and/or encourage the performance of such an act; (f) if the Company suspects that the user has violated any of the terms of the agreement and/or any agreement with the Company and/or anyone on its behalf; (g) if required for the Company’s activities, such as transferring details to employees, subcontractors, including other entities participating or involved in the operation of the website. The user will have no claim or demand against the Company regarding the provision of their details as aforementioned and shall not claim retroactively that they did not consent to this. Without derogating from the above, the user agrees that the Company may, at its discretion, transfer the user’s details outside the borders of Israel, even though the law of the country to which the details are transferred and/or where the User Details are stored ensures a different level of protection than the level of protection of information prescribed by Israeli law.
3. The use of the website and the services offered therein constitutes the user’s consent for their details to be held in one or more of the company’s databases and/or by anyone on its behalf, and for their details to be used for the following purposes: (a) for the operation of the website and the provision of services to users, including for the purpose of contacting the user when the company deems it necessary for the provision of services; (b) for marketing, advertising, promotions, and sales purposes, and to approach the user in any way, including direct mailing via any means of communication the company finds appropriate (including in writing, print, telephone, text message, facsimile, electronically, or through other means), (c) for internal needs, such as investigating complaints and/or reviews and contacting the user when the company deems it necessary for the provision of services or the supply of services or to comply with other legal requirements; (d) to fulfil the company’s legal obligations and/or comply with the requests of authorities and/or courts. The use of user details for the mentioned purposes shall not be regarded as an infringement of privacy.
4. The user is not legally obligated to provide their details to the company (however, without providing them, they will not be able to use all or part of the website’s services), and that the provision of their details is done voluntarily and with their consent. The user hereby expressly agrees to the use of their details as aforementioned, and such use shall not be considered a violation of their privacy by the company and/or anyone on its behalf.
5. The website may use “cookies” for its regular and proper operation, including for the collection of statistical data regarding the use of the website, verification of details, and information security purposes. The company may also use cookies originating from third parties, such as Google Analytics and social networks, which are intended for displaying advertisements about products or services based on the user’s various activities across the internet and other websites and services you have visited, and more. Cookies are text files that the browser creates per a command from the website’s computers or third-party computers. Some cookies expire when you close the browser, while others are saved on the hard drive of your end device. Cookies can contain diverse information, such as the pages you visited, the duration of time you spent on the site, how you arrived at the site, information you request to see upon entering the site, and more. Modern browsers include the option to avoid receiving cookies. If you do not know how to do this, check the help file of the browser you are using to explore the option to disable cookies. Disabling cookies may result in the inability to use some of the services and features on the site or other websites.
6. Non-Personal Data: Some of the information collected about users during their use of the website and/or contact with the Company does not personally identify them and is not stored together with the user’s details. This information is statistical and/or aggregated. For example, advertisements viewed on the website, pages viewed, offers and services that interested the user, the internet address (IP) from which the user accessed the site, and more. The Company is entitled to use such information without the user’s consent (including transferring the information to third parties), in accordance with the Company’s discretion, and in the context of such use, the user’s identity will not be disclosed without their consent and/or except in accordance with this Privacy Policy.

Confidentiality:

1. The Company does not store credit card numbers.
2. The site is secured using the SSL protocol, meaning that all communication between the browser (on the client’s side) and the site (i.e., the web server hosting the pages) is encrypted, making it impossible to decipher the information transmitted between the browser and the site. In other words, the ‘security’ promised is the encryption of the information. Encryption is a method of ‘scrambling’ intended to mislead hostile parties and is carried out by two partners: the sender scrambles and the receiver deciphers. The scrambling method is based on mathematical functions, and the special aspect of this method (such as RSA) is that one key is sufficient on the client’s side to scramble, while two are required to decipher.
3. In cases beyond control and/or resulting from force majeure, the Company shall not be liable for any damages of any kind, direct or indirect, caused to the user and/or anyone on their behalf if information is lost or accessed by a hostile party and/or used without authorization.
4. The company strives to provide the user with a proper and high-quality service. However, the company does not guarantee that the service on the website will not be interrupted, be provided in a regular manner or without pauses, will be secure and error-free, or will be immune to unauthorized access to the company’s computers operating the site, damage, malfunctions, faults, or failures – including hardware, software, or communication line failures to the site – either with the company or with any of its suppliers.

Promotions and Benefits

The Company reserves the right (but is not obligated) to offer promotions and benefits to website users, from time to time. These promotions and benefits will be managed in accordance with legal guidelines, the provisions of this policy, and the instructions that will be published on the website from time to time. The Company reserves the full right to change promotions and benefits, terminate them, or extend them, at its sole discretion and subject to the provisions of the law. Receiving a gift during a promotion is limited to one item per user.