TERMS AND CONDITIONS OF USE FOR THE “FRIENDS OF ZION HERITAGE CENTER” WEBSITE

 

The Friends of Zion Heritage Center (hereinafter: the “Museum”) welcomes the users of its internet website (hereinafter:the “Site”). The Site is managed and operated by the museum and it provides its users a wide range of services, includingthe ability to review materials in the museum’s archives, making educational materials available for review for the wideaudience. the ability to order admission tickets to the Museums facilities, events and different activities that are held in themuseum and its facilities (including the museum, commemoration activities, museum activities, education and explanation activities, alternating exhibitions, cultural activities and plays, etc.) (The “Tickets”, the “Museums Facilities” and the “Activities”,respectively).

  1. General:

1.1.     Using the Site and executing activities therein shall be subject to the conditions specified in these Terms. Please readthese Terms carefully since using the Site and executing activities therein attests to your consent to the termscontained in these Terms and Conditions of Use.

1.2.     These Terms shall be applicable to the use of the Site and the contents contained therein through any computer orcommunications device (for example, a cellular phone, various types of tablet computers, etc.). In addition, it is alsoapplicable to the use on the Site, through the internet or any other system or other means of communications.

1.3.     The articulated in these Terms and Conditions of Use equally relates to members of both sexes, and use of themasculine language is for convenience purposes only.

1.4.     Implementing an order for Tickets through the Site (as described below) will be permitted for legally competentindividuals over the age of 18 only. A minor under the age of 18 requesting to implement an order for Tickets throughthe Site must receive parental consent of consent from his guardian.

1.5.     The Tickets offered for order through the Site, are offered by the museum and/or entities with which the museumcollaborates.

1.6.     Users of the Site are requested to read all of the details relating to the Tickets offered to be ordered on the Site, inorder to ensure the compatibility for their needs and demands. It is clarified that that for the avoidance of doubt, themuseum will not bear any liability in the case of any inconsistency, due to any reason whatsoever.

1.7.     The museum reserves the right to update the Terms and Conditions of Use, from time to time, according to itsdiscretion and without the need to provide any notice whatsoever. The aforementioned modification will be validfrom the moment it is published on the Site.

  1. Using the Site:

2.1.     Using the Site and reviewing thereof does not require registration and it is open to each and every user.

2.2.     The users of the Site are permitted to sign up to the museum’s mailing list and benefit from receiving direct mail fromthe Site (marketing e- mail), which includes, inter alia, receiving the museums newsletters, receiving informationregarding activities held at the museum and its Facilities, receiving educational materials, etc. (the “Mailing List” and the“museum’s Advertisements”, respectively).

2.3.     Signing up to the aforementioned Mailing List constitutes consent on the part of the users for the delivery of the “museum’s Advertisements” in accordance with the provisions of the Communications Law (Bezeq and Broadcasting)(Amendment No. 40), 5768 – 2008 (the “Communications Law”).

2.4.     It is hereby clarified that any user registered on the Mailing List has the option of removing himself from the list at anytime by contacting the museum by e-mail at: info@fozhc.com or through replying to the e-mail through which themuseum’s Advertisements were sent. Insofar as the user did not remove himself from the aforementioned Mailing List,the museum is permitted, subject to the Communications Law to send to the user direct mail and the aforementionedMailing List.

2.5.     The museum shall be permitted to prevent any user from using the Site and/or cancel his registration to the Mailing List of the Site, according to its absolute discretion. Without derogating from the aforementioned, the museum ispermitted to cancel the registration of any of its users from the Mailing List or prevent his access to the Site, in any ofthe following events:

If the Site was used to execute or attempt to execute any unlawful act according to the laws of the State ofIsrael. or any act which appears to be illegal, as aforementioned, or in order to permit, ease, assist or encouragethe execution of such an act;

A breach of these Terms of Use.

  1. Tickets Offered for Purchase through the Site:

3.1.     Tickets offered for purchase through the Site are admission tickets to the museum’s Facilities and the activities that takeplace at the museum and its Facilities, as they shall take place from time to time.

3.2.     The manner in which the activities will be presented on the Site shall be according to the Museum’s exclusive discretion. It is hereby clarified that in addition to the articulated in these general Terms and Conditions, all the picturesoffered on the Site are for purposes of illustration only.

3.3.     All of the photographs and /or sketches of the Museum’s Facilities that appear on the Site, should they appear, weredesigned solely for purposes of illustration and they shall not bind the Museum. It is hereby expressly clarified that theremay be changes and/or inaccuracies whose source are in the production needs which are not in the Museum’scontrol and/ or

graphical, technical problems use of computer screens at different resolutions, use of different software, etc. Thephotographs and/or sketches of the Museum’s Facilities, as aforementioned, are not and will not constitute theMuseum’s representations before the order and purchase of the Tickets and the Museum will not be liable for anymistakes in the texts and/or errors in the description of this or any other Facility.

3.4.     Insofar as not otherwise stated, ordering the Tickets through the Site does not include any guarantee from the part ofthe Museum to any marked or reserved seating. For this matter, it is hereby clarified that the seating arrangements foractivities held by the Museum and its Facilities are according to a first come, first serve basis and on the basis of availablespaces at the very same moment in the auditorium, as the case may be.

3.5.     In the event that there is a contradiction with the specified on the Site and the specified in any other advertisement inconnection with the all or some of the activities, the latter provisions will always prevail, provided that the laterprovision was published by the Museum or anyone on its behalf, including the producers and/or organizers of the activities regarding the existing advertisement.

  1. Executing an Order through the Site and Gathering the Orders:

4.1.     Ordering Tickets through the Site does not require registering to the Site and it is an option for all users. Notwithstandingthe aforementioned, when implementing an order on the Site, the customer will be requested to provide personal details,for example: first name, last name, identification number, telephone, address, date of birth and an active e-mail address. Providing partial or incorrect details may prevent the possibility of implementing purchases and orders through the Siteand thwart the possibility of contacting you if necessary.

4.2.     The information provided when executing an order through the Site, as aforementioned in section 4.1 above, and detailsabout the type of credit card used to execute the order, the validity of the credit card and the last 4 digits of the aforementioned, will be stored in a database owned by the Museum. It is hereby clarified that there is no requirementaccording to the law to provide the aforementioned details, however if they are not provided it will not be possible to execute the order through the Site.

4.3.     The Museum will not use the details provided, except in accordance with the Site’s Privacy Policy, which constitutes anintegral and inseparable part of these Terms and Conditions of Use.

4.4.     When executing an order through the Site, the customer will be given the option to agree and confirm signing up tothe Museum’s Mailing List and receiving the Museum’s Advertisements which they send, and the provisions of section2.3 and 2.4 above shall apply.

4.5.     The payment with respect to ordering the Tickets will be executed through a credit card owned by the customerwhose details are identical to the information he provided to the Museum when he executed the purchase and the order.

4.6.     Notwithstanding the aforementioned, the Museum reserves the right to arrange other payment arrangements forcustomers, all in accordance with its absolute discretion.

4.7.     Ordering  Tickets  through  the  Site  was  designed  for  personal  use  only  and  not  for commercial use, andtherefore, the Museum will be permitted, but not obligated, to restrict the quantity of Tickets that a customer can orderon one credit card and/or a single entry to the Site, when the aforementioned restriction will be solely according to theMuseum absolute discretion.

4.8.     The Museum reserves the right not to honor and/or cancel an order within 48 hours from the execution date, ifaccording to its humble opinion and its absolute discretion, the order was executed in contrast to these Terms andConditions of Use, as shall be in effect from time to time, and/or by mistake and/or through an attempt to circumventany provisions of these Terms and Conditions of Use, and the customer will not have any claim and/or demand and/orsuit in connection thereto. Any decision with respect to the cancellation will be provided to the customer through theinformation he provided when executing the order.

4.9.   The prerequisite condition for ordering Tickets are as follows:

4.9.1.     Completing the review of verifying the identifying details  and the details and validity of the credit cardprovided by the customer;

4.9.2.     Receiving confirmation from the credit card company to execute the transaction. A notice of receipt andconfirmation of the order by the Museum will be sent through an e-mail notice to the e-mail provided by thecustomer during the execution of the purchase and order, within 3 business days from the from the execution ofthe order (the “Confirmation of the Order”). If an order was not confirmed by a return e- mail  from the  Museum, as  aforementioned,  it  will not  bind  the  Museum and  the customer  will  contact  the  Museum’s  reservations department  by  telephone  at telephone number: *4585 (the “Reservations Department”).

4.10.   In order for the Museum to provide the Confirmation of the Order, as aforementioned, the order executed by thecustomer must be received and reserved by the Site in a proper and organized fashion, when it includes all of thenecessary details for the order and for the purposes of charging the customer. There may be different reason which may cause failures and disruptions in reserving the order. If the customer will receive a notice during the execution of the orderand/or after the order was executed, concerning the content of any incorrect details and/or notice concerning any failurethat transpired in the system when the order was being reserved, the customer must contact the Reservations Department.

4.11.   Any customer who purchased a Ticket is permitted to collect his Ticket according to the manner specified in section 4.15below. After presenting the Ticket at the designated place for such at the Museum and/or its Facilities, the Ticket holderwill be permitted to enter the Museum’s Facilities indicated on the back of the Ticket and/or view and participate in theActivities (as the case may be). The customer’s aforementioned right is subject to the articulated in these Terms andConditions of Use and any provisions that appear in any venue of the Activities, the Museum’s Facilities and on the back ofthe Tickets. The customer

must check before he arrives to the Museum’s Facilities, the applicable restrictions in these Terms and Conditions ofUse and on the back of the Tickets. The Museum shall not bear any liability with respect to any restriction thecustomer only learned of when arriving at the Museum’s Facilities, or when receiving the Ticket at the C Museum’sbox office (as described below).  Notwithstanding  the  aforementioned,  it  is  hereby  clarified  that  entering  theMuseum’s museum will consist of groups of up to 20 visitors, about every 15 minutes. Any customer who purchasesa Ticket in the Museum’s museum must select in his order the time and date he intends to visit the Museum’smuseum, in accordance with the availability of the visiting time slots on the Site. Visiting the Site will be inaccordance with the time and place selected by the customer only, and the Museum will not be required to enter acustomer who was late and/or who did not appear on the aforementioned date, all in accordance with theprovisions of section 4.16 below.

4.12.   Individuals that are disabled and handicapped whose entry into the Museum’s Facilities and/or the manner and waythey will be seated requires coordination in advance with the Museum, for example, in the case where accessibleseating is required, are requested to contact the Reservations Department at the end of the execution of the order in order to coordinate this.

4.13.   It is strictly forbidden to bring food (in any shape whatsoever) or canned drinks, plastic bottles, glass bottles, containersthat are operated by any gas (spray) into the Museum’s Facilities, including the area  of the  Museum’s  museum,  the main  conference room and classrooms operated in the Museum. In addition, it is strictly forbidden to bring in anyfirearms (hot or cold, including a knife and/or pocketknife) into the Museum’s museum and the Museum’s conferencerooms and there is no possibility of storing them anywhere at the site. In addition, entry into the Museum and its Facilities(including the Museum’s museum and/or the Museum’s conference rooms) will not be permitted with large bags and other possessions, and the Museum will provide services for storing personal belongings in the framework of whichvisitors will be able to place their bags, coats, umbrellas, etc. (except for placing firearms of any kind, whose placement in any event will not be permitted, as aforementioned), and placing items such as bags or other large items will be required.For this purpose, it is hereby clarified that the Museum is not responsible for any damage and/or loss  for  the  items stored,  as  aforementioned,  and accordingly  it  is  recommended  that visitors do not store valuable possessions.

It  is  strictly  forbidden  to  photograph  in  the  Museum,  unless  subject  of receiving the Museum’s prior writtenapproval, which is contingent upon receiving a detailed explanation from the Museum concerning the rulespermitting photography and a prior, written undertaking by the applicant that he will not use the photographs incontrast to the Museum’s policies and/or in a manner which harms any copyrights, in accordance with the form thatwill be approved by the Museum.

4.14.   The Museum reserves the right to remove any viewer and/or visitor who disrupts the proper order and/or acts violently,and in the event that the Museum or anyone on its behalf will make use of this right, as aforementioned, thecustomer/ viewer/ visitor will not be entitled

to any monetary refund whatsoever and will not be able to lodge any claims or suits against the Museum.

4.15.   Tickets that will be ordered through the Site will be picked up by the customer at the Museum’s box office only.Picking up the Tickets will be permitted on the visiting day at the Museum and/or its Facilities, up until 20 minutes beforethe Activities begin and/or before the effective date in the Confirmation of the Order. When picking up the Tickets, the customer will be requested to present the credit card through which he executed the order and an identification card. Forthe avoidance of doubt, Tickets purchased through the Site will not be provided without presenting the Confirmationof the Order, the credit card through which the order was executed and an official identification card (identificationcard or driver’s license) which bears a picture, but it will not be sufficient in cancelling the order and the customer willbe charged the full amount for the transaction.

4.16.   If the doors will be closed after Activities commenced and/or in event of a tardy arrival to the Museum’s Facilities withrespect to the visiting hour that was ordered, late entry is not guaranteed and there will be no monetary refund and/orcompensation for the Tickets ordered.

  1. Prices Presented on the Site:

5.1.     The prices that appear on the Site with respect to all Activities are the updated prices of the Tickets. The Museum ispermitted from time to time to update the prices of the Tickets offered to be ordered through the Site, without any connection to the execution date of the order through the Site, and without having to provide any notification. Withoutderogating from the aforementioned, the Museum reserves the right to collect handling fees and commissions sales in theamount permitted according to any applicable law.

5.2.     The Museum is permitted to offer to its members registered with the Museum’s Mailing List different sales anddiscounts regarding the Museum’s Activities. The Museum is permitted to offer the aforementioned sales and discountsthrough the Site, change or end them at any time, all according to its absolute discretion.

  1. Policy for Cancelling Orders:

6.1.     It is possible to cancel an order of Tickets made through the Site within 14 days from the execution date of thetransaction and not later than 7 business days before the Activities, all subject to the provisions of the ConsumerProtection Law, 5741 – 1981 (the “Consumer Protection Law”) and the provisions of the Consumer Protection Regulations(Cancelling a Transaction), 5770 – 2010 (the “Regulations”), as will be in effect from time to time.

6.2.     On the cancellation date of the order by the customer, the credit card through which the order was executed will be credited with the order fees, and the Museum reserves the right to deduct a total equal to 5% from the value of thetransaction, or 100 Shekels, whichever is lower, all subject to the provisions of the Consumer Protection Law and theRegulations, as shall be in effect from time to time.

6.3.     Any request to change the date and/or time of the visit and/or show by the customer, shall be considered a request tocancel the original order and open a new order.

6.4.  If the Activities will be cancelled, the customer will be entitled to a full refund of the amount he paid. The account ofa customer, who did not yet pick up his Tickets, will be credited for the entire transaction amount through the creditcard company through which the transaction was executed only. If the Activities were postponed to a new date or weretransferred to another facility, or if there was a change in the structure of the facility in which the event wassupposed to take place (for example, a change to the space of the Museum where the Activities were supposed totake place) then the Ticket will be valid for the new date and/or new facility and/or new structure of the facility, as thecase may be, and the customer may use it or cancel his order within 7 days from the date the Museum notified him of theaforementioned change, or until the date of the show, whichever is earlier, and receive a full refund from the Museum.

  1. The Museum’s Liability

7.1.   Ordering a Ticket through the Site will be done between the customer and the Museum.

7.2.     The Museum’s liability for Tickets offered for sale through the Site is limited to the cost of the customer’s Ticket only.

7.3.     The use of the Site will be the full and absolute responsibility of every user and individual ordering Tickets.

7.4.     Nothing  contained  in  the  information  appearing  on  the  Site  shall  be  deemed  as  any guarantee for any resultand/or responsibility for any Activities taking place. The Museum will not be liable for any direct or indirect damagesthat may be caused to any user and/or customer as a result of the reliance upon the information appearing on the Siteand/or links

to other sites and/or the source of any other internal and/or external information and/or use of the Ticket offeredfor sale.

7.5.     Information and representations about Tickets and Activities presented on the Site, include, inter alia, its source and theentities the Museum collaborates with. Therefore, all the content with respect to the Activities presented by theaforementioned entities are the sole responsibility of these entities and the Museum shall not bear any liability withrespect to information of this kind, and the Museum is not a guarantor of the level of accuracy of this information.

7.6.     It is hereby clarified that in no event will the Museum and/or any related entity and/or its employees and/or anyoneon its behalf, bear any liability for any direct, indirect damages, loss, anguish, punitive damages fee, incidental, special andconsequential damages and/or any other expense of any kind and nature caused to the users, including and without derogating from the generality of the foregoing, damages with respect to the loss of use, loss of information or loss ofprofits, arising from or relating to in any matter with respect to the order, supply, failure to supply the Tickets or anyancillary information, Materials, software, product, services and graphics obtained through the Site and the Archivesand/or arising in any other manner from the use of the Site and the Archive, irrespective of whether it is basedupon an agreement, torts absolute liability and/or any other cause of action, even if the Museum learned of the possibility of the compensation for damages, as aforementioned.

7.7.     It is hereby expressly clarified that the law concerning Tickets shall be similar to the laws of unidentified monetary bills,and therefore the loss of the Ticket and/or its destruction and/or any act or omission with respect to which the Ticketthat was ordered and provided to the customer cannot be used, shall be the sole responsibility of the customer and itwill not be possible to reissue it and/or provide the customer with an alternate Ticket, except under special circumstances.

7.8.     The Museum is requesting to clarify that even though it uses its best efforts to make sure that the information on theSite will be current and precise, insofar as possible, the Site is not free of any inaccuracies or mistakes. Use of the Siteand the information appearing therein, on all its facers, including the Archive Materials [note: as defined above] andreliance upon the aforementioned information and Materials, are consequently done solely through the users’responsibility.

7.9.   The Museum Museum in no event will be liable for damages caused to the Site’s users who contacted entities theMuseum collaborates with for ordering Tickets through the Site.

7.10.   Nothing contained in presenting the information, figures, materials and pictures on the Site shall constitute the expressionof any point of view and/or opinion and/or recommendation concerning the Activities presented on the Site and/or withrespect to its program.

7.11.   The Museum recommends customers and user of the Site to act as sensible and cautious consumers,  to  carefully read  the  information  presented  on  the  Site,  including  the information  with  respect  to  the  Tickets,  the Activities,  the  Museum’s  Facilities,  their description and computability.

7.12.   The Site in its entirety, including the information, materials and content appearing therein are provided to the publicfor use AS IS, and will be correct and accurate, insofar as possible. It is not possible to adapt it to the needs ofevery person. The user will not have any claim, suit or demand against the Museum and/or entities with which theMuseum collaborates with regarding the characteristics of the content, their abilities, restrictions and/or adjustment fortheir needs. In addition, no claim by any user shall be heard in connection with the nature of the materials that appearon the Site, including in connection with the Materials included in the Archives and which are made available for reviewby the Museum on the Museum’s Site.

  1. Use of the Site:

8.1.       Do not activate or permit the activation of any computer application or through any other means, including software such as Crawlers, Robots, etc., in order to search, scan, copy or automatically retrieve content from the Site. This shallalso include a restriction on creating or  using  the  aforementioned  measures  in  order  to  create  a  collection, compilation  or database that will include content from the Site.

8.2.     Do not present content from the Site in any manner whatsoever – including through any software, device, accessory or communications protocol which change their design of the Site or omit any content, specifically commercialadvertisements and content.

8.3.     The Museum will not bear any liability for any damages caused as a result of any link to the content from the Site andany presentation or advertisement of the contents, as aforementioned in any other manner whatsoever. Full andexclusive liability for any link, presentation or advertisement of the contents, will be solely borne by the individualimplementing the link.

8.4.     The user will indemnify and hold harmless the Museum, its employees, officers or anyone on its behalf with respect toany damage, loss, loss of profit, payment or expense caused to them, including attorneys’ fees and court expenses as aresult of the breach of the Terms of Use. In addition, the user will indemnify the Museum, its employees, directors oranyone on its behalf with respect to any claim, suit and/or demand raised against them by any third party as a result ofthe contents he provided for advertisement on the Site as a result of the links he implemented for the Site.

  1. Changes to the Site, Failures and Ceasing the Service:

9.1.   Without derogating from the aforementioned, the Museum can from time to time change the structure of the Siteand/or its look and/or the design of the Site, the scope and availability of the services on the Site, be permitted to collect payment for these or contents and services, according to its discretion. In addition, the Museum will be permitted tochange any other aspect incorporated in the Site, and will not be required to provide any prior notice in this regard.

9.2.   The aforementioned changes will be executed, inter alia, when taking into consideration the dynamic nature of theinternet and technological and other changes that occur. Naturally, these types of changes may involve failures and/ormay initially give rise to discomfort, etc. the users of the Site will not have any claim, suit and/or demand against theMuseum with respect to the execution of the aforementioned changes and/or failures that will take place as a result oftheir performance.

9.3.   The Museum does not undertakes that the Site’s services, including the services to order Tickets, as aforementioned,shall not be disturbed, will be routinely provided or without any interruptions, shall be performed safely and free ofmistakes, and will be resistant from any unauthorized access to the Museum’s computers or from damages,breakdowns, failures or faults – all in the hardware, software and communication lines and systems with the Museumor any of its suppliers.

  1. Intellectual Property

10.1.   Any and all content that appears on the Site, including, texts, pictures, graphic files, figures, audio files (voice files),video files, and any other content appearing on the Site are protected in accordance with the copyright andintellectual property laws. It is hereby clarified that all of the copyrights and intellectual property are solely owned bythe Museum, or may be proprietary to a third party who permitted the Museum to use these contents according to anyapplicable law.

10.2.   Do  not  copy,  distribute,  publically  present,  execute  in  public,  transfer  to  the  public, modify, process, create any derivative works, sell or lease any part of the aforementioned, whether directly or through or in collaboration with anythird party, through any method or measure, whether electronically, mechanically, optically, photographic or recordingmeasures, or through any other measure and method, without receiving the proper written consent from the Museumor the other right holders, as the case may be, subject to the terms of consent (to the extent that it will be provided)and according to any applicable law.

10.3.   If and insofar as to the extent that the aforementioned consent was provided, please abstain from removing, deleting ordisrupting any notice or mark regarding intellectual property rights, for example – use of the copyright mark ©, or aregistered trademark ®, which accompany the contents that are being used.

10.4.   Trademarks, photographs, pictures, contents and print advertisements of entities that the Museum collaborates with, aresolely proprietary to these entities. Do not use any of the aforementioned without receiving the prior written consent ofeach entity (as the case may be).

10.5.   Without derogating from the generality of the foregoing, it is hereby clarified that in the event that any of theprovisions set forth in this section 11 above, the breaching user will be required to indemnify the Museum as it is described in section 9.4 above.

  1. Jurisdiction

11.1.   Solely the laws of the State of Israel shall be applicable to these Terms and Conditions of

Use, however, the international choice of law provisions prescribed therein shall not apply.

11.2.   The courts in Jerusalem shall have exclusive jurisdiction on any matter arising from and/or relating to these Terms andConditions of Use.

  1. Privacy Policy

12.1.   The Museum s respects the privacy of the Site’s users. The updated Privacy Policy for the Site appears at all times atthis links and constitutes an integral and inseparable part of these Terms.

12.2.   Since the Privacy Policy is subject to change from time to time, it is recommended that you go back and review the Privacy Policy document from time to time.

  1. Contact Us:

The Museum strictly fulfills and complies with the provisions of the law and respects Site’s users’ rights of privacy andtheir goodwill. If you believe that any offensive content was published on the Site by any person, please contact us atthe details below and we will try to handle your inquiry as soon as possible. Inquiries, as aforementioned, can be sentin the following manner:

  • By mail: 20 Yosef Rivlin, Jerusalem, 9424017
  • Fax: 02-5329402
  • E-mail: info@fozhc.com
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