Terms of Use – www.libira.co.il

The website www.libira.co.il and/or the services on the website and/or the applications on the website (together – the “Website/Services/Apps”) are managed and operated by Libira Ltd. (hereinafter: “Libira Ltd.”, “we” or “us”). The terms of use detailed below (the “Terms of Use”) govern the manner of use of the Website and/or Apps available through it – the “Services”.

The Terms of Use are written in the masculine form but are intended for any person using the Website/Services/Apps, women and men alike. The term “User(s)” or “you” in these Terms means any user of the Website/Services/Apps, or any parent or guardian of a minor who authorizes the minor to use the Website/Services/Apps and is responsible for the minor’s actions and use therein. If you are under the age of 18, please read these Terms carefully together with your parents or another guardian.

To use the Website/Services/Apps you will be asked to accept the Terms of Use and the Privacy Policy (the “Privacy Policy”) published at: Privacy Policy, which regulates the collection, processing, and transfer of personal information (as defined in the Privacy Policy) by Libira Ltd. Libira Ltd. reserves the right to update the Terms of Use from time to time at its sole discretion. Any update shall take effect from the date the updated Terms are published on the Website. If you do not agree to the Terms of Use, in whole or in part, you are not permitted to use the Website/Services/Apps for any purpose, and you will have no claim, demand, and/or suit against Libira Ltd.

Services

You may use the Website/Services/Apps subject to and in accordance with the Terms of Use. Libira Ltd. reserves the right to suspend, cancel, or refuse to provide the Website/Services/Apps at its sole discretion and without prior notice. Libira Ltd. is not liable for any damage resulting from any change, suspension, or cancellation of the Website/Services/Apps and/or the Services.
Use of and access to the Website/Services/Apps are void where prohibited by law, regulation, or any other obligation. You undertake that: (a) all information provided during registration is true, accurate, current, and complete; (b) you will maintain the accuracy and truthfulness of such information; (c) you are eighteen (18) years of age or older, or alternatively, you have received parental/guardian approval to use the Website/Services/Apps and/or the Services, and you are legally competent to enter into a binding contract; (d) your use of the Website/Services/Apps does not violate any law, regulation, or obligation you may have to any third party; and (e) all your use of the Website/Services/Apps will comply with applicable law.

Use of the Services

Subject to the Terms of Use, as part of the Services you may, through the Website/Services/Apps, search and book a table at the Libira restaurant, order food deliveries (“Delivery”) and products (“Products”), respectively, or schedule self-pickup (“Self-Pickup”) from Libira. You may also view the restaurant menus (as applicable). The Services may include additional services (such as delivery tracking).

Prices and Payments

At Libira Ltd.’s sole discretion and as specified on the Website/Services/Apps and/or as agreed between you and Libira Ltd., you may choose to pay via external Website/Services/Apps or directly to Libira Ltd.
If you choose to pay via Libira Ltd.’s Website/Services/Apps, the credit card associated with your user account will be charged upon completion of the order. Payments made using a credit card with an incorrect or expired number, or where the charge exceeds the approved credit limit, will not be accepted, and Libira Ltd., at its sole discretion, may restrict your account accordingly. Without derogating from the foregoing, if such a payment was made, Libira Ltd. reserves the right to collect any payment or fee not received in full or in part. In addition, you shall pay Libira Ltd. all costs incurred by Libira Ltd. in collection efforts for unpaid amounts, including attorney’s fees and collection costs. A transaction will not be completed until payment is received in full and you receive an order confirmation via the Website/Services/Apps.
If payment is made directly to Libira Ltd., responsibility for VAT collection and clarifying any related charges to the user, if required, lies with Libira Ltd.

Delivery Minimum, Order Cancellation, and Complaints

Libira Ltd. reserves the right to cancel any delivery if the order does not meet the minimum amount required for delivery, as set by Libira Ltd. Libira Ltd. is not and will not be responsible for any claim regarding inaccuracies and/or defects in details you provided when placing the order and/or details not recorded in our system, and for any damage, loss, or any other claim related to a delivery and/or order.
For any complaint or request relating to the operation of the Website/Services/Apps or to Services provided by the Libira restaurant, please contact Libira Ltd. at info@libira.co.il. Libira Ltd. will use reasonable and customary means at its disposal to ensure your complaint is handled accordingly.

Account Registration

You may use the Services as a registered user or without registration; however, certain services may not be available without registration. To register, you will be asked to provide Libira Ltd. certain details about yourself, including credit card details, which we will pass to a third-party processor upon receiving payment for Products. We may change the registration process at our discretion. If you have a registered account, you undertake: (a) that you are fully responsible for keeping your password secure; and (b) to notify Libira Ltd. immediately of any unauthorized use of the account or password.
You are solely and fully responsible for the security of your computer and/or mobile phone and/or any other device and for activity in your account, even if such activity was not performed by you. Libira Ltd. will not be liable for any loss or damage arising from unauthorized use of your account or password. You undertake to indemnify and compensate Libira Ltd. for any improper or unlawful use of your account and for any debt or taxes accrued on it, unless you notified Libira Ltd. at info@liira.co.il of unauthorized use and/or intrusion into your account and requested that it be blocked. Libira Ltd. may refuse to allow you to register to the Website/Services/Apps and/or may cancel your account, for any reason and at its sole discretion.

Account Cancellation

You acknowledge that Libira Ltd. may, for any reason, at its absolute sole discretion and without notice, block access to your account and remove any content related to it. Grounds for such blocking may include: (1) violation of the Terms of Use; (2) prolonged inactivity; (3) fraudulent, offensive, or harassing behavior; (4) behavior harmful to other users, third parties, our community ethos, or our business interests; (5) malicious attempts to harm Libira Ltd.’s business through negative reviews and/or publications; (6) failed and/or rejected payment, subject to these Terms. Upon suspension or cancellation of your account, you will lose access to any content available through your account and may not re-register without Libira Ltd.’s express approval.
If we believe, at our sole discretion, that a violation of the Terms of Use or any unlawful or improper conduct has occurred, we may take any action we deem appropriate. We reserve the right to investigate any suspected violation or unlawful or improper conduct on the Website/Services/Apps and/or the Services. We will cooperate with any law-enforcement investigation or court order requiring or directing us to disclose the identity, conduct, or any content of any user suspected of unlawful actions. Any closure or suspension of your account will not affect your obligations to us under the Terms (including rights, indemnities, your representations to us, and limitations of liability) which by their nature are intended to survive such closure or suspension.
You may request closure of your account at any time and for any reason by emailing: info@libira.co.il. We will close your account as soon as reasonably possible after receiving your request. The Privacy Policy governs the handling of your information and/or any User Content (as defined below) after account closure.

Content

Various types of content may be available to you via the Website/Services/Apps, including images, videos, menus, pricing, descriptions, information, recommendations, and any other related materials. The Website/Services/Apps may allow you to add certain content and/or data, including feedback and/or ratings of businesses and/or offered services, recommendations, requests, and/or suggestions for improvement (“User Content”). All content displayed and/or added to the Website/Services/Apps by Libira Ltd. or by users (including User Content) is collectively referred to as “Content.”
You are solely responsible for any User Content you upload. You represent and warrant that the User Content complies with all legal requirements; that you hold all rights necessary to upload the User Content to the Website/Services/Apps; and that the User Content does not infringe (or lead to infringement of) any intellectual property right, moral right, publicity right, privacy right, and/or any other right of any third party. We are not obligated to accept, display, review, or maintain any User Content. If you upload User Content that is considered sensitive information and/or subject to special regulatory rules and/or unique legal protections, you are obligated to obtain the explicit consent of the data subject, as required by law, before providing such information to Libira Ltd. Moreover, we reserve the right, for any reason, at any time and without notice, to remove and permanently delete any content, including User Content uploaded or modified by you. We do not endorse any content, opinion, or recommendation expressed by any user, and we expressly disclaim all liability related to the Content, including without limitation User Content.
Libira Ltd. may, at its sole discretion, monitor User Content to detect inappropriate or unlawful behavior, including via automated means. However, Libira Ltd. is not obligated to monitor User Content or the manner of users’ use of the Website/Services/Apps. Libira Ltd. reserves the right to treat all User Content as content uploaded at the user’s initiative and thus under that user’s sole responsibility. Accordingly, Libira Ltd. will not exercise its reserved right to monitor such User Content unless violations or irregularities regarding such User Content are proactively brought to its attention. Libira Ltd. may edit, delete, distort, modify, or move User Content from the Website/Services/Apps, or refuse to transmit, electronically send, distribute, or publish any User Content (including preventing a user from publishing or distributing User Content via a third party), without prior notice, for any reason and at any time. Libira Ltd. may restrict use of the Website/Services/Apps if, in its discretion, such use or User Content violates any user obligations under the Terms.
Any image, description, or depiction of a product or service on the Website/Services/Apps is for general purposes and intended to illustrate the requested service and/or for demonstration only. Content available to you through the Website/Services/Apps is obtained from various sources. Libira Ltd. is not directly or indirectly responsible for the accuracy, correctness, usefulness, safety, or intellectual-property rights related to such Content. Although users of the Services must agree to the Terms, third parties using the Website/Services/Apps (including unauthorized users) may publish or transmit offensive or obscene materials to which you may be inadvertently exposed. You hereby waive any right or legal remedy that you have or may have in this regard. We disclaim any liability for any act or omission of users or third parties (including unauthorized users), whether arising during use of the Services or otherwise.

User Content Restrictions

Without derogating from the above, you undertake not to send, post, or upload User Content that: (a) unlawfully infringes third-party rights, including hate speech, offensive, threatening, or harassing content, content that violates privacy rights, is intended for unlawful purposes, and/or harms the operation of the Website/Services/Apps; (b) infringes (or may infringe) any intellectual-property, moral, or other third-party right; (c) constitutes (or you believe or reasonably should believe constitutes) content that is or involves material that is illegal, counterfeit, stolen, pirated, unauthorized, or promotes any illegal, unauthorized, or violent activity; (d) does not comply with all applicable laws, rules, or regulations; (e) contains misleading, distorted, or false information that may harm Libira Ltd. or any third party; (f) creates an unreasonable or disproportionate load on Libira Ltd.’s infrastructure; or (g) publishes, stores, processes, offers, or solicits any of the following, or is known by you to contain links to the following, or leads to places containing links to the following: (1) offensive material (including material promoting or glorifying hatred, violence, or jealousy, or any entity (past or present) promoting such offensive material or items associated with such an entity); (2) racist, defamatory, harassing, or threatening material; (3) pornography (including obscene material and anything depicting children in sexually suggestive situations, whether depicting real children or not), or material that may harm a minor; (4) any virus, trojan horse, or other harmful or disruptive component; or (5) any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, violate any law or regulation, or otherwise be inappropriate.

Usage Restrictions

Except for uses expressly permitted in the Terms, the user shall not make or authorize and/or allow any third party to make changes to the Website/Services/Apps. The user undertakes that he and/or anyone on his behalf will not do one or more of the following: (1) modify, edit, copy, scrape, adapt, sublicense, translate, sell, reverse engineer, decompile, or reassemble any part of the code comprising the Website/Services/Apps, including the database, and such actions regarding the hardware or software used for the Services; (2) attempt to thwart, prevent, disrupt, or otherwise interfere with features related to the security of the Website/Services/Apps and/or the Services or features that prevent or restrict use or copying of User Content; (3) place the Website/Services/Apps, or any part thereof, within another site’s frame or as part of another site and/or make any commercial use without Libira Ltd.’s prior written consent; (4) use any robot, data-retrieval and search engine, or any other automated or manual tool designed to index, locate, and retrieve information on the Website/Services/Apps, or designed to reveal the structure of the database and code on the Website/Services/Apps; (5) impersonate any person or entity, including a Libira Ltd. representative, and/or misrepresent or falsely present an affiliation with any person or entity, and/or upload, transmit, send, or broadcast any false or misleading material and/or material intended to deceive a user or any entity, or use another user’s account or password without prior written consent; (6) collect or store personal information about other users for commercial or illegal purposes, or distribute spam to the Website/Services/Apps servers and/or to users; or (7) make any use of the Website/Services/Apps not authorized under these Terms.

Intellectual Property

The Website/Services/Apps, and all data and information available therein (except information found in links to other sites), are the exclusive property of Libira Ltd. or other third parties who have permitted Libira Ltd. to use them, and nothing herein grants any license or rights in Libira Ltd.’s or any third party’s intellectual property. Copyrights in the Website/Services/Apps and the underlying concept, including trademarks, the design of the Website/Services/Apps, and any other unique and exclusive action on the Website/Services/Apps, are reserved to Libira Ltd. You may not copy or publish Content on the Website/Services/Apps, in whole or in part, and/or use it or the information therein in any manner, including for commercial use, without Libira Ltd.’s prior written consent. Likewise, you may not make changes to, copy, distribute, transmit, publicly display, reproduce, publish, or transfer to a third party any part of the Website/Services/Apps without Libira Ltd.’s prior written consent. Advertisements displayed on the Website/Services/Apps by entities other than Libira Ltd. are the property of the advertiser and may not be used in a manner that harms the advertiser’s rights.
Your User Content is your exclusive property, including all intellectual-property rights therein. By uploading, submitting, or posting any User Content on the Website/Services/Apps, you grant Libira Ltd. a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, copy, distribute, transmit, modify, create derivative works from, display, publish, and perform the User Content on, through, or in connection with the Website/Services/Apps and/or the Services.

Disclaimer of Liability

You acknowledge and agree that your use of the Website/Services/Apps is at your sole risk. The Website/Services/Apps and/or the Content are provided to you “AS IS,” as determined by Libira Ltd., without any warranties of any kind.
You will have no claim, demand, or suit against Libira Ltd. regarding these Terms and/or the Website/Services/Apps, their capabilities, limitations, or suitability to your needs. Any reliance on the Content is at your sole responsibility, and we disclaim any express or implied liability regarding the accuracy, reliability, timeliness, currency, quality, completeness, usefulness, security, or performance of the Website/Services/Apps, the Content and/or the Services, and all information available through them, or that the Website/Services/Apps, Content and/or Services will be error-free or that any errors will be corrected.
Placement of commercial information and/or information about businesses and/or advertisements on the Website/Services/Apps is for informational purposes only and shall not be construed as an offer by the Website/Services/Apps to use and/or a recommendation and/or encouragement and/or consent and/or endorsement and/or professional opinion and/or sponsorship by Libira Ltd. of the Content and/or services offered by advertisers, if any. By publishing Content, Libira Ltd. does not express any view as to the correctness and/or accuracy and/or level and quality of the Content and/or any information, advertisements, links, services, and products displayed on the Website/Services/Apps. Any advice or information, oral or written, that you receive from Libira Ltd. shall not create any liability for Libira Ltd., beyond what is explicitly set forth in these Terms. Any reliance on the information displayed on the Website/Services/Apps and/or its suitability for a user’s use and/or needs is at the user’s sole responsibility.
Libira Ltd. expressly disclaims all warranties of any kind, express, implied, or statutory, and does not warrant that the Website/Services/Apps will be provided regularly or without interruptions, will be of quality, secure, or error-free and/or interruption-free, or will be immune to unauthorized access to Libira Ltd.’s computers and/or software, or to damage, malfunctions, failures in hardware, software, communication lines and systems at Libira Ltd. or any of its providers or at your end, and you will have no claim against Libira Ltd. in this regard. You are aware that the Services may be unavailable in the future due to maintenance, upgrades, or any other reason.
Libira Ltd., its directors, officers, employees, agents, or shareholders shall in no event be liable to you or any third party for any loss, damage, or compensation of any kind, including, without limitation, general, incidental, consequential, collateral, secondary, indirect, direct, punitive, or special damages (including but not limited to damage due to loss of database, software loss, costs of procuring substitute services, invasion of privacy, or service interruptions) arising in connection with these Terms, your use or inability to use the Website/Services/Apps, the Content, and/or anything related thereto, purchase of goods, purchase of services, execution of a transaction, unauthorized use of the Website/Services/Apps, modification of information provided by you, including damage resulting from loss of profits, use, data, or other intangible assets, even if Libira Ltd. has been advised of the possibility of such losses. Libira Ltd.’s total liability under any of these Terms shall not exceed the amount you paid to Libira Ltd. for use of the Website/Services/Apps in the six (6) months preceding the relevant claim. Therefore, if you did not pay Libira Ltd. for use of the Website/Services/Apps, Libira Ltd. shall have no liability to you.
Personal information may be obtained from you during your use of the Website/Services/Apps, including, without limitation, any User Content you upload. Any use by Libira Ltd. of personal information obtained during your use of the Website/Services/Apps shall be subject to the provisions detailed in the Privacy Policy. You acknowledge that by providing such personal information, including, without limitation, contact details and/or location, you are aware of the risks involved and you release Libira Ltd. from any liability in this regard.

Indemnification

You undertake responsibility for any direct or indirect result arising from the use of the Website/Services/Apps and agree to indemnify and hold harmless Libira Ltd., its employees, directors, and anyone acting on its behalf from any claim, demand, loss of profit, payment, expense, or damage, including attorney’s fees and court costs (including those of any third party), resulting from: (a) your breach of these Terms by you or by a user on your computer/device/account; (b) your use or attempted use of the Website/Services/Apps; (c) your violation of any law or regulation, including without limitation privacy laws and regulations applicable to you; (d) your infringement of any right (including intellectual property) of Libira Ltd. and/or any third party; (e) your breach of any of your representations and undertakings in the Terms; and (f) any other matter for which you are responsible by law.

Third-Party Advertisements and Links to Other Sites

The Website/Services/Apps contains links to other sites not related or belonging to Libira Ltd. (“Other Sites”). Libira Ltd. does not undertake that all links on the Website/Services/Apps will be functional and will lead users to an active site. Libira Ltd. may remove links previously included or refrain from adding new links—all at its sole discretion. Libira Ltd. is not responsible for the proper functioning of the Other Sites and/or for use of the Other Sites and has no responsibility, control, or ability to supervise the content on the Other Sites, their payment services, and/or their privacy policies. The presence of links on the Website/Services/Apps shall not be construed as a recommendation by Libira Ltd. to visit and/or use them, nor as confirmation that the information on such site is complete, reliable, current, or trustworthy. Your visit to the Other Sites is at your discretion and at your sole responsibility.

Miscellaneous

These Terms shall be governed solely by the laws of the State of Israel. The exclusive jurisdiction for any matter relating to the Terms and the use of the Website/Services/Apps shall be the competent courts in the Haifa district. If any provision of the Terms is held invalid or unenforceable by a court of competent jurisdiction, such provisions shall be deemed replaced by valid and enforceable provisions that most closely match the original intent, and the remaining provisions shall continue in force. Nothing in this agreement creates any agency, employment, joint venture, or partnership between you and Libira Ltd., or authorizes you to act on behalf of Libira Ltd. The Terms reflect the entire agreement between the parties regarding the Terms of use of the Website/Services/Apps and their relationship and shall prevail over any prior oral or written agreement or undertaking. Libira Ltd. may assign or transfer its rights and obligations under the Terms, in whole or in part, to any third party as it deems fit. You may not assign or transfer your rights and obligations under the Terms, in whole or in part, and any such attempted assignment shall be null and void. No employer-employee, agency, or partnership relations exist or shall exist between the parties for any purpose. If we need to contact you, you agree we may do so at any address known to us.