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Last updated: November 20, 2012
Baruch Haba (hereafter referred to as “Baruch Haba”, “we”, “us”, or “our”) provides an online platform that connects Hosts who have Accommodations to rent with Guests seeking to rent such Accommodations (collectively, the “Services”).
The Services are accessible at http://www.baruchhaba.com and any other websites through which Baruch Haba makes the Services available (collectively, the “Site”).
By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, and Services and all Content (defined below); constitute a binding legal agreement between you and Baruch Haba.
You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site, or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Site.
If you do not agree to these terms, and then you have no right to access or use the Site, Services, or Content, obtain information from or otherwise continue using the Site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
“Accommodations” means properties for rent listed on the Site.
“Baruch Haba Content” means all Content that Baruch Haba makes available through the Site, or Services, including any Content licensed from a third party.
“Content” means text, graphics, images, music, software, audio, video, information or other materials and includes all content on the site including Member Content.
“Guest” includes a person, group, agent who requests a booking of an Accommodation via the Site or Services, or who stays at an Accommodation and is not the Host for such Accommodation.
“Host” includes a person, agent, manager or third party who creates a Listing via the Site and Services. “Listing” means an Accommodation that is listed by a Host as available for rental via the Site and Services.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Tax” or “Taxes” means any sales taxes, value added taxes (VAT). If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Content.
How the Site, and Services Work: The Site and Services can be used to facilitate the listing and booking of Accommodations.
To View Accommodations: You may view Listings as an unregistered visitor to the Site and Services.
To Book Accommodations: You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.
The Site and Services comprise an online platform through which Hosts may create listings for Accommodations and Guests may learn about and book Accommodations. You understand and agree that Baruch Haba is not a party to any agreements entered into between Hosts and Guests, nor is Baruch Haba a real estate broker, agent or insurer. Baruch Haba has no control over the conduct of Hosts, Guests and other users of the Site and Services or any Accommodations, and disclaims all liability in this regard.
Baruch Haba reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years or older.
An Accommodation owner, may submitting a form through http://baruchhaba.bizodo.com/f/8nk28P, apply to list the Accommodation and answering the questions on the form including the pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site and Services. You acknowledge and agree that you are responsible for any and all Accommodations you post. Accordingly, you represent and warrant that any Accommodation you post and the booking of it will: (i) not breach any agreements you have entered into with any third parties and (ii) will a. be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation including, but not limited to, zoning laws and laws governing rentals of residential and other properties and b. not conflict with the rights of third parties.
Baruch Haba’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
Baruch Haba cannot and does not control the content contained in any listings and the condition, legality or suitability of any Accommodations. Baruch Haba is not responsible for and disclaims any and all liability related to any and all listings and Accommodations. Accordingly, any bookings will be made at the Guest’s own risk.
Baruch Haba reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including but not limited to Listings that Baruch Haba, in its sole discretion, considers to be objectionable for any reason, including being in violation of these Terms or otherwise harmful to the Site, or Services.
You understand and agree that Baruch Haba does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Baruch Haba is not a party thereto. Notwithstanding the foregoing, Baruch Haba serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host. In consideration for providing Services, Baruch Haba receives the first 10% paid by a Guest of the Accommodation Fees, which is Baruch Haba’s fee, hereafter called the “Service Fee”. All other payments are paid by the Guest directly to the Host.
Baruch Haba assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
Baruch Haba does not attempt to confirm, and do not confirm, any Guest’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, and Services.
Baruch Haba recommends that Hosts obtain appropriate insurance for their Accommodations. You understand that Baruch Haba is not an insurance agent. You understand that it is your responsibility to review any insurance policy that you may have for your Accommodation carefully, to determine various factors including that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
By using the Site, or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Guests or other third parties will be limited to a claim against the particular Guests or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Baruch Haba with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against Baruch Haba regarding the remittance of payments received from a Guest by Baruch Haba on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
If you are a Host and a booking is requested for your Accommodation via the Site and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Baruch Haba in its sole discretion) or the booking request will be automatically cancelled. However, this 24 hour period excludes Jewish holidays and the 25 hour period of Shabbat (hereinafter called the “required time period”). When a booking is requested via the Site and Services, we will share with you: (i) the first and last name of the Guest who has requested the booking, (ii) If you are unable to confirm or decide to reject a booking of an Accommodation within the required time period, any amounts collected by Baruch Haba for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. (iii) When you confirm a booking requested by a Guest, Baruch Haba will send you an email, text message or message confirming such booking.
The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”.
Baruch Haba charges a fee to Hosts based upon a percentage of applicable Accommodation Fees which is the Baruch Haba Service Fee. The Service Fee is 10% of the Accommodation Fees displayed in the applicable Listing (which will also include applicable Taxes) or such amount as Baruch Haba determines in its sole discretion and which amount can be changed by Baruch Haba at any time. Baruch Haba will collect the Service Fee at the time of booking. For clarity, the Service Fee shall be only on the amount charged for Accommodation and shall not include any additional fees that the Host charges, for example a cleaning fee. Please note that it is the Host, not Baruch Haba who sets the Accommodation Fee.
Each Host hereby appoints Baruch Haba as the Host’s limited agent solely for the purpose of collecting the Service Fee from payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Baruch Haba shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Service Fee. Each Host is solely responsible for its own cancellation policy and refunding of the applicable fees. In accepting appointment as the limited authorized agent of the Host, Baruch Haba assumes no liability for any acts or omissions of the Host.
Please note that Baruch Haba does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Baruch Haba reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Baruch Haba will provide notice of any Listing fee collection via the Site or Services, prior to implementing such a Listing fee feature.
The Hosts, not Baruch Haba, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.
You acknowledge and agree that you, and not Baruch Haba, will be responsible for performing the obligations of any such agreements, that Baruch Haba is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Baruch Haba disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that Baruch Haba is not a party to the agreement between you and the Host, Baruch Haba acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Baruch Haba which are due to the Host, your payment obligation to the Host for such amounts is extinguished.
In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Baruch Haba, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Service Fee or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Baruch Haba receives confirmation of your booking you will be responsible for payment of the remaining fees directly to the Host in accordance with the terms and conditions of the pricing terms set forth in the applicable Listing. Please note that Baruch Haba cannot control any fees that may be charged to a Guest by his or her bank related to Baruch Haba’s collection of the Service Fee, and Baruch Haba disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Baruch Haba or its third party payment processor. You agree to pay Baruch Haba for any confirmed bookings made in connection with your Baruch Haba Account in accordance with these Terms by one of the methods described on the Site or – e.g. by PayPal or credit card.
You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Baruch Haba or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. You also authorize the Host to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable.
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Hosts are responsible for obtaining a Security Deposit from Guests. Baruch Haba is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, you agree to pay the cost of replacing the damaged items with equivalent items.
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Baruch Haba will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
If, as a Guest, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host will apply to such cancellation. There is no refund of the Service Fee. Refund of Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.
If a Host cancels a confirmed booking made via the Site and Services, (i) Baruch Haba will refund the Service Fee for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Baruch Haba containing alternative Listings and other related information.
If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then Baruch Haba will be paid the Service Fee relating to the confirmed booking for the Accommodation in the alternative listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Baruch Haba, please contact Baruch Haba at info@BaruchHaba.com
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation. If incremental payments apply to your payment obligations for Total Fees owed for a confirmed booking, you are responsible for arranging payment directly to the Host.
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.
Each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Baruch Haba may issue a valid VAT invoice to such Host.
As part of the Services, Baruch Haba provides a feature through which Members may view Fees for various Listings in US currency. You understand and agree that these views of Fees are for informational purposes only and are not the official Fees for the Listings. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Fees, if your booking is confirmed by a Host.
The currency in which you will be charged will be determined by Baruch Haba based on the payment method you select and the location of the Accommodation you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Baruch Haba will calculate the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Baruch Haba has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”).
You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Baruch Haba updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Baruch Haba will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Baruch Haba makes payment to a Host.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
• use the Site and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site, or Services in order to circumvent the obligation to pay any Service Fee related to Baruch Haba’s provision of the Services;
• when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party Services or websites that are competitive to Baruch Haba, without Baruch Haba’s prior written approval; • as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• register for more than one Baruch Haba Account or register for an Baruch Haba Account on behalf of an individual other than yourself • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Baruch Haba Guest or Host;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; • contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;
• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site and Services;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Services contained in the Site, Services or Content;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
• use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• forge any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Content to send altered, deceptive or false source-identifying information;
• use automated scripts to collect information or otherwise interact with the Site, or Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing
• interfere with or damage our Site, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-Service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• access, tamper with, or use non-public areas of the Site, Baruch Haba’s computer systems, or the technical delivery systems of Baruch Haba’s providers;
• attempt to probe, scan, or test the vulnerability of any Baruch Haba system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Baruch Haba or any of Baruch Haba’s providers or any other third party (including another user) to protect the Site, Services, or Content; or
• use, display, mirror or frame the Site or any individual element within the Site, Services, or , Baruch Haba’s name, any Baruch Haba trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Baruch Haba’s express written consent.
Baruch Haba will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Baruch Haba may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Baruch Haba has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Baruch Haba reserves the right, at any time and without prior notice, to remove or disable access to any Content that Baruch Haba, at its sole discretion, for any reason including Content it considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Content are protected by copyright, trademark, and other laws of the State of Israel and foreign countries. You acknowledge and agree that the Site, Services and Content, including all associated intellectual property rights is the exclusive property of Baruch Haba and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
Subject to your compliance with the terms and conditions of these Terms, Baruch Haba grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Baruch Haba Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Baruch Haba or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, and Services, you hereby grant to Baruch Haba a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Baruch Haba does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Baruch Haba the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Baruch Haba’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Baruch Haba is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Baruch Haba of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Baruch Haba used herein are trademarks or registered trademarks of Baruch Haba. Any other trademarks, Service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We are happy to receive Feedback. You may submit Feedback by emailing us at info@BaruchHaba.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Baruch Haba and you hereby irrevocably assign to Baruch Haba and agree to irrevocably assign to Baruch Haba all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Baruch Haba’s request and expense, you will execute documents and take such further acts as Baruch Haba may reasonably request to assist Baruch Haba to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
It is Baruch Haba’s policy to terminate in appropriate circumstances the Baruch Haba Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Baruch Haba Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Baruch Haba terminates these Terms, or your access to our Site and Services or deactivates or cancels your Baruch Haba Account you will remain liable for all amounts due hereunder. You may cancel your Baruch Haba Account at any time by sending an email to info@BaruchHaba.com. Please note that if your Baruch Haba Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
If you choose to use the Site and Services, you do so at your sole risk. You acknowledge and agree that Baruch Haba does not have an obligation to conduct background checks on any member, including, but not limited to, Guests and Hosts, but may conduct such background checks in its sole discretion. The Site, Services, and Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Baruch Haba explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Baruch Haba makes no warranty that the Site, Services and Content, including, but not limited to, the listings of any Accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Baruch Haba makes no warranty regarding the quality of any listings, Accommodations, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Site and Services.
No advice or information, whether oral or written, obtained from Baruch Haba or through the Site, Services or Content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Hosts or Guests.
You understand that Baruch Haba does not make any attempt to verify the statements of users of the Site or Services or to review or visit any Accommodations. Baruch Haba makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Guests and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Baruch Haba. Notwithstanding Baruch Haba’s appointment as the limited agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Baruch Haba explicitly disclaims all liability for any act or omission of any Guest or other third party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Content, your listing or booking of any Accommodations via the Site and Services, and any contact you have with other users of Baruch Haba whether in person or online remains with you. Neither Baruch Haba nor any other party involved in creating, producing, or delivering the Site, Services, Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Services or Content, from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site, Services, or from your listing or booking of any Accommodation via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Baruch Haba has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Hosts pursuant to these, in no event will Baruch Haba’s aggregate liability arising out of or in connection with these terms and your use of the Site and Services including, but not limited to, from your listing or booking of any Accommodation via the Site and Services, or from the use of or inability to use the Site, Services, or Content and in connection with any Accommodation or interactions with any other members, exceed the amounts you have paid or owe for bookings via the Site and Services as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Baruch Haba to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the agreement between Baruch Haba and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Baruch Haba and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation.
You will not use the Site and Services for any purpose prohibited by the law of the State of Israel.
If, as a guest or a host, you have contact with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Baruch Haba by contacting us with your police station and report number at info@BaruchHaba.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Baruch Haba and you regarding the Site, Services, Content, and any bookings or Listings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Baruch Haba and you regarding bookings or listings of Accommodations, the Site, Services, and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Baruch Haba’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Baruch Haba may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Baruch Haba (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of Israel. You and we agree to submit to the personal jurisdiction of the State of Israel for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. General The failure of Baruch Haba to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Baruch Haba. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Baruch Haba at info@BaruchHaba.com.