Table of Content
WELLSPRING – MAAYAN BENZION LTD Reg. No 516526357 welcomes you and thanks you for choosing to browse our website at: WWW.WELLSPRINGMBT.COM (the “Website” or the “Site”).
The website was created with the main goal of providing customers and users of the site with a convenient and online platform to purchase Personal development cards (the “Products”). Also, the Site offers a variety of frontal and digital courses in the field of personal development (the “Frontal Courses” and “Digital Courses”). You can also find a variety of articles and tips in the same field (“Articles”). In addition, the site provides information about the unique learning methods, Courses and Products offered for purchase on the site, including prices and more (“Content”).
AGREEMENT TO TERMS
- These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Site (“we”, “us” or “our”), concerning your access to and use of the Site as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions (“Terms and Conditions”).
- In the event of inconsistency between any terms of this contract and any translation into another language, the Hebrew version will control and prevail on any question of interpretation or otherwise.
- We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.
- The Site is intended for users who are at least 18 years of age.
- Before using the site, users and customers of the site declare, confirm and agree that they know:
- That the Articles and Courses that appear on the site are provided for the purpose of study and enrichment only and any action you take in their wake will be done at the responsibility of the user;
- That the customers and / or the users of the site will not have any claim against the site, its managers, employees, partners or anyone on its behalf and they will not be liable, directly or indirectly, for any damage including to the body, property or any other damage or loss, which will result from receiving content from the site and / or from the Courses and / or Articles and / or services of the site, even if the site warned, recommended or advised of a particular matter or of a particular service and in no case will the site constitute a substitute or be the responsibility of the customer and / or recipient of the service. The customer is responsible for any obligatory risk for damage to the property and / or property of third parties, resulting from the use and / or non-use of Courses and / or Articles and / or the services of the site.
- That the site can be used as is (AS IS) and its use is at the full responsibility of the users;
- That the use of the website users will not violate any law, regulation or other governmental instruction.
- The site does not guarantee the accuracy or completeness of the content in the Courses and the site and will not be held responsible for any error, mistake or damage.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Articles or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content, Articles and the Marks.
- By using the Site, you represent and warrant that: (1) Each and every use of the Site is for your own risk and responsibility; (2) all registration information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
- We have the right to refuse any and all current or future use of the Site. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block your access and refuse any and all current or future use of the Site (or any portion thereof).
- You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email by automated means or under false pretenses;
- steal and/or copy and/or make any use of the designs and/or ideas of products on the website;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- trick, defraud, or mislead us and other users;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- attempt to impersonate another person;
- use any information obtained from the Site in order to harass, abuse, or harm another person;
- use the Site as part of any effort to compete with us;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- delete the copyright or other proprietary rights notice from any Content;
- upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including use of spamming, that interferes the enjoyment of the Site;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- use the Site in a manner inconsistent with any applicable laws or regulations.
- Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
- The Site may contain (or you may be sent via the Site) links to other Sites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement thereof by us.
- Any purchases you make through Third-Party Sites will be through other sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PERMISSION FOR DISTRIBUTION, PUBLICATIONS AND ADVERTISEMENT
- Any user who leaves details on the site and is added to the site’s mailing list, approves the use of their details for the purpose of receiving marketing information, updates and advertisements that the site will send from time to time.
- A user who has provided such details will be subject to the mailing instructions detailed in the Terms and Conditions hereinafter.
- It is prohibited to leave details of another person on the site without their consent and / or without their presence in front of the screen while leaving the details and without explaining all the Terms and Conditions to them.
- When leaving details on the site, the user will be asked to provide personal information such as: first name, last name and an active e-mail address. Providing partial or incorrect information may prevent the user from using the site’s services and prevent the site from making contact if necessary. In case of a change in any of the information provided by the user, the new information must be updated on the website.
- It is clarified that there is no legal obligation to provide details on the site however without their submission it will not be possible to receive marketing content and updates from the site.
- Leaving details on the site and consent to receive marketing content includes, among other things, receiving marketing content, promotions, updates and discounts offered to registered users.
- Mailing approval (receiving of marketing content) as aforesaid, constitutes the user’s consent to the submission of advertisements in accordance with the Communications Law (Bezeq and Broadcasting) (Amendment No. 40) – 2008 (the “Communications Law”).
- It is clarified that the user has the option to remove himself from the site’s mailing list at any time by clicking on the button “Unsubscribe” that appears at the bottom of any e-mail sent by the site, or by emailing the site stating that they wish to be removed from the mailing list. As long as the user has not removed himself from the mailing list, the site may transfer direct mail to the user subject to the Communications Law.
- Mailing information should not be construed as a promise of any outcome and / or warranty for the service offered therein.
- Mailing as a whole, including all the information contained therein, is offered as is, and will be as accurate and correct as possible, however, the information may not be complete and technical or other errors in the information could happen.
- The user confirms that he will not have any claim in connection with mailing advertisements and / or advertisements displayed on the website, including their location on the website. It is clarified that with regard to advertisements displayed under the auspices of a third party, the site has no interference in the selection of the advertisements displayed, the truth of their content and the order in which they appear.
- In order to provide you service, we may use your personal data, such as, inter alia, information about your use of the Site, and information about your mobile device or computer (“Personal Information”). The Personal Information may be collected and used to:
- provide services to you and improve the Site and/or the services;
- ensure proper performance of the Site;
- analyze and manage our businesses;
- improve our customer service;
- contact you or provide you with relevant data with regard to the Site or the services.
- Each time you use the Site, we may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:
- we may record your internet service provider’s address, your internet protocol or IP address and the type of handheld or mobile device.
- we may collect a record of your activity or your “clickstream” while visiting the Site.
- we may use “cookies” of different types to recognize your computer or mobile device. A cookie is a small text file that a website, online application, or e-mail may save to your internet browser and/or your computer’s hard drive for use in subsequent visits to sites.
- we may collect any information you enter, share or that can be obtained from your use of the Site.
- We may share your personal information with third parties, except for sensitive information such as credit card information and I.D numbers, including with our services providers.
- Some examples of things service providers may do that may involve your personal information are:
- develop, host or maintain the Site on our behalf;
- aggregate customer information and/or improve customer service. We may then share such aggregated information with prospective marketing partners and advertisers.
CalOPPA – California Consumer Privacy Statement
- This California Consumer Privacy Statement supplements the Global Privacy Notice and applies solely to consumers in the state of California. This Statement does not apply to Site personnel. This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).
- Categories of personal information are collected. The personal information that the Site collects fall into the following categories as established by the California Consumer Privacy Act:
- identifiers such as your name, alias, address, phone numbers, or IP address;
- personal information, such as a credit card number;
- commercial information, such as purchase and content streaming activity;
- internet or other electronic network activity information, including content interaction information, such as content downloads, streams, and playback details;
- geolocation data, such as the location of your device or computer;
- inference data, such as information about your purchase preferences.
- Categories of personal information disclosed for a business purpose. The personal information that the Site discloses about consumers for a business purpose fall into the following categories established by the California Consumer Privacy Act:
- identifiers such as your name, address, phone numbers, or IP address, for example if we use a third-party carrier to deliver your order;
- personal information, such as a credit card number, for example if we use a third-party payment processor;
- your age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;
- commercial information;
- internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our devices and services.
- Right to Request Access to or Deletion of Personal Information: you may have the right under the California Consumer Privacy Act to request information regarding the collection of your personal information by the Site, or access to or deletion of your personal information. If you wish to access this information, please contact us using the contact information provided below.
- No sale of personal information. The Site has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
- No Discrimination. The Site will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
REGISTRATION AND PURCHASE OF COURSES AND/OR PRODUCTS ON THE SITE
- In order to purchase a Courses and / or Products, the site requires registration for the site. Upon registration, users will receive an email to their email address as entered on the site, with a personal password through which they will be able to purchase on the site and gain access to the Digital Courses offered for sale on the site and /or details about the Frontal Courses such as date and location.
- By registering to the site, you agree to keep your password confidential, and you confirm that: (1) Your account is personal; (2) You will be solely responsible for any action or use made from your account; (3) You will not allow another person accessing your account.
- The site reserves the right to change the username you choose or remove it if it is determined that the username is inappropriate or obscene, at the sole discretion of the site.
- The Digital Courses will be delivered through any online platform determined by the site and on dates as specified at the time of purchase.
- The Frontal Courses will be provided at a time and place specified in the confirmation that the customer will receive to his e-mail address after registration and payment, and subject to the approval of the site.
- You are responsible for providing true, accurate, current, and complete information when ordering Courses and / or Products through the Site or otherwise. If you use the Site or other means to purchase a Courses and / or Products, payment must be received prior to acceptance of an order. The Site may need to verify information you provide before accepts your order, and may cancel or limit your order any time after it has been placed. If payment has already been made and your order is cancelled or limited, The Site will refund any payment you made for the order that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
- After placed an order the Website will send a number of messages to the customer, including confirmation of the purchase, invoice, information about the delivery, supply and more. The Site reserves the right to forward the messages in any means of communication, by e-mail or text message.
- The provision of the service will be possible subject to the sole discretion of the site and the site will not be responsible for any delay in the provision of the service and / or non-provision of the service, as a result of force majeure and / or technical faults and / or incidents beyond its control.
- The site may refuse to publish any content at its sole discretion and without the need for prior notice or approval from the user.
- If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the product you have purchased, you agree that we may, at our option, suspend or terminate supply of order and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- All International taxes and additional fees associated with the products, which are not Israeli taxes, will apply to the customer and the customer will have no complaint on the matter.
- All copyrights and intellectual property in the Course content, services and Articles on the site belong to the site only, the use of the Course content, Articles and content on the site is personal and may not be transferred to, copied, distributed or publicly displayed.
THE COURSES AND/OR PRODUCTS OFFERED FOR PURCHASE ON THE WEBSITE
- The Courses and/or Products offered by the site will appear and be displayed on the site pages.
- The price that appears on the website next to the Course and / or Product is the latest price. The price may change from time to time. The site reserves the right to change the variety of Courses and / or Products and / or Content and / or Articles on the site or change the prices offered on the site and outside it, without prior notice.
- The site is not obligated, in any way, to maintain any variety of Courses and / or Products.
- The site may change, at any time, the Courses and / or Articles and / or Products offered on the site, replace them, minimize them and / or add to them, without any prior notice.
PRODUCTS SHIPPING POLICY
- Orders placed on the site will ship to the address provided by the customer and/or to any other location agreed upon by the parties while placing the order.
- International shipping of products will be supplied and delivered within 21 business days by courier; for shipping cost according to the prices on the Site.
- shipping of products inside the state of Israel will be supplied and delivered within 7 business days by courier or within 14 business days by Israel Postal Company; for shipping cost according to the prices on the Site.
- Self-collection by prior arrangement.
- “Business day”- any day except for any Friday, any Saturday and any day which is an Israeli holiday or any day on which the Israeli banking institutions are authorized or required by law or other governmental action to close.
- For shipments intended for settlements far from the main cities, the shipping times may be extended beyond the timeframes above.
- The shipping cost is not included in the price of each product. Shipping costs are subject to change according to the shipping policy.
- The site may set a minimum amount for ordering on the site.
- In the event that a product ordered on the Site is out of stock at the time the order is placed, the Site will contact the customer. If the customer cannot be reached, the Site will ship the order without the product which is out of stock.
- In the event that the customer is not at home at the time that the order arrives, the order will be returned to the store and reshipped once an additional shipping fee has been paid by the customer.
- The order will be shipped according to the following terms:
- there is reasonable access to the location which the order is being shipped;
- if the order is being shipped to an organization, institution or settlement that cannot be reached without special authorization and/or does not have marked streets and/or marked house numbers, the order will be delivered to the distribution point of that same location.
- The Site will not be held responsible for any delay and/or problem with the shipment of orders caused by the following terms:
- force majeure and/or events that are out of the Site’s control;
- for reasons related to the shipping provider and/or the Israel Postal Company;
- holidays and/or periods leading up to holidays, including the months of November and December during which shopping holidays and sales are held;
- an economy close, so that the Site’s operations and/or the Site’s suppliers and/or service providers are impaired for whatever reason.
RETURN, EXCHANGE AND CANCELLATION POLICIES
- Request for refund, exchange or cancellation of an order will be submitted to the Site by the customer in one of the ways stated at the bottom of this Terms and Conditions.
- Modification or cancellation of registration for a one-time meeting Frontal Course, will be possible within 14 days from the date of the transaction or from the date of receipt of the details of the transaction (whichever is later), provided that such cancellation is made at least two days, non-rest days, before the Course is scheduled
- Changing or canceling registration for a Course whose access is given over an ongoing period and not at once, will be possible within 14 days from the date of the transaction or from the date of receipt of transaction details (whichever is later), and receipt of a relative refund depending on the period in which the service provided.
- Changing or canceling registration for a Digital Course that provide immediate access to the Course contents, changing and / or canceling registration for the Course after gaining access to the Course contents, will not be possible and the purchaser will not be entitled to any refund, according to Consumer Protection Law, 1981.
- Customers are eligible for refunds, exchanges or cancellations of Products within 14 business days from receipt of order.
- Refunds will be credited to the original form of payment, according to clearing company and the credit card company, and subject to the arrival of the product to the Site’s address.
- In the event that a refund, exchange or cancellation of Product is requested by the customer after the period above, the request of a refund, exchange or cancellation will be subject to the Site’s sole judgement.
- Refunds, exchanges or cancellations of Product will be approved after the customer receives a written message of approval from the Site.
- In the event that a refund, exchange or cancellation of Product is approved by the Site for reasons not including product defects:
- the customer must return the product in its original packaging;
- the customer must return the product unused, in the condition in which they received the product;
- the product will be returned with the original receipt or proof of purchase;
- the expense of return will be paid for by the customer;
- in the event of exchange, the shipping cost of the new product may be higher than the original shipping cost on the shipping policy on the Site.
- a return fee of 100 NIS or 5% of the price of the product will be charged (to be determined by the cheaper option);
- exchanges will supply and deliver according to the site shipping policy and shipping costs.
- In the event that a refund, exchange or cancellation is approved by the Site due to a product defect, the Site will hold sole responsibility for collecting or exchanging the products.
- The Site will examine all defective products. In the event that the Site finds the product to be valid, refunds will not be approved and the product will be shipped back to the customer after an additional shipping fee has been paid by the customer
- The aforesaid in section 14 above is subject to the Israeli Consumer Protection Law, 1981.
- We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.
TERM AND TERMINATION
- These Terms and Conditions shall remain in full force and effect while you use the Site. without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. we may terminate your use or participation in the Site and any content or information that you posted at any time, without warning, in our sole discretion.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.
- Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state Israel, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
- The information appearing on the Site should be not construed as a promise of any result and/or responsibility for the activity of the Courses and / or services sold on it. The Site will not be responsible for any damage, direct or indirect, which will be caused to the user as a result of relying on information appearing on the Site and/or links to other sites and/or any other source of internal and/or external information and/or use of products displayed by Site.
- Site warranty is limited to Courses and / or Products value. The total liability of the Site in relation to each Course and / or Product will not in any way exceed the purchase price of that Course and / or Product.
- The images of the Courses and / or Products on the Site are displayed for illustration purposes only. There may be differences between the Courses and / or Products as shown on the Site and the Courses and / or Products that will be provide to customer. Scribal errors in Courses and / or Products description and/or price will not charge the Site.
- Information and presentations about Products displayed on the Site, originating from the Site’s business partners and/or third parties whose products appear on the Site and any content in relation to the products are the sole responsibility of the business partners and/or third parties. Therefore, it is understood that the Site has no responsibility for such information and the Site does not guarantee the accuracy of this information.
- The Site recommends that users should behave as intelligent and careful customers, and read carefully the information displayed on the Site, including the information in relation to the product and / or Courses and / or services itself, its description and suitability, as described on the Site.
- These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
- If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
- In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by:
Address: 6 Yehezkel Streichman St., Tel-Aviv, Israel;
or email: INFO@WELLSPRINGMBT.COM
Last updated: May 2022
All rights reserved to Daniel Law Office.