Jerusalem Market - Terms and Conditions

Terms and Conditions

Contractual Relationship

Jerusalem Market provides an online marketplace connection using web-based technology that connects you with consumers, restaurants, and other businesses and independent delivery contractors (“Contractors”). Jerusalem Market software permits consumers to place orders for food and other goods from various restaurants and businesses for delivery or pickup (the “Software”). Once an order is placed for a delivery order, the Software notifies Contractors that a delivery opportunity is available, and the Software facilitates the completion of the delivery to the consumer. Once a pickup order is made, the Software communicates with the customer regarding the availability of the order for pickup. Jerusalem Market is not a restaurant, delivery service, or food preparation business.

If you access any of our websites located at https://shoppersolution.com/ , install or use our Jerusalem Market, install or use any other software supplied by Jerusalem Market, or access any information, function or service available or enabled by Jerusalem Market (each, a “Service” and collectively, the “Services”), or complete the Jerusalem Market account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) as a result of this represent and warrant that:

(a) you have read, understand, and agree to be bound by this Agreement.
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Jerusalem Market, and
(c) you have the authority to agree personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you disagree to be bound by the Agreement, you may not access or use the Services.

The Services

The Services constitute a technology platform that enables users of Jerusalem Market or websites provided as part of the Services (each an “Application”) to arrange and schedule transportation and logistics services with independent third-party providers of such services, including independent third-party transportation providers and independent third-party logistics providers under Agreement with Jerusalem Market or certain of Jerusalem Market affiliates (“Third Party Providers”). Unless otherwise agreed by Jerusalem Market in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT Jerusalem Market DOES NOT PROVIDE TRANSPORTATION, LOGISTICS SERVICES, OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Jerusalem Market OR ANY OF ITS AFFILIATES.

Modifications

Subject to Section 12(k) of this Agreement, Jerusalem Market reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitute your Agreement to such changes.

Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information per Jerusalem Market Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional Jerusalem Market policies for Users published on our website or mobile application. Certain features of our Services may be subject to other terms and conditions incorporated herein by reference.

Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Jerusalem Market employees, or our community.
(b) You will only use the Services per all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by Jerusalem Market
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless Jerusalem Market has given you prior permission to do so in writing.
(g) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allow access to the Services.
(k) You will use the Software and Services only for your use and will not directly or indirectly resell, license, or transfer the Software, Services, or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden, or impair any Jerusalem Market server or the networks connected to any Jerusalem Market server.
(m) You will not attempt to gain unauthorized access to the Services and any account, resource, computer system, and network connected to any Jerusalem Market server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Jerusalem Market may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
(p) You will not scrape or otherwise systematically retrieve data or other content from the Services.
(q) You will not try to harm other Users, Jerusalem Market, or the Services in any way whatsoever.
(r) You will not engage in threatening, harassing, racist, sexist, or any other behavior that Jerusalem Market deems inappropriate when using the Services.
(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or opening multiple accounts to benefit from offers available only to first-time users.
(u) You will not attempt to undertake any of the preceding.

If we believe or determine that you have breached any of those mentioned above, we reserve the right to suspend and permanently deactivate your account at our sole discretion.

Contractors and Merchants Are Independent

You understand and agree that Jerusalem Market provides a technology platform connecting you with independent food service providers and others that deliver the products offered through the Services (“Merchants”) and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that Jerusalem Market does not itself prepare food or offer delivery services and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. According to this Agreement, the Merchant is the retailer; the services provided by Jerusalem Market do not include any retail or food preparation services. Jerusalem Market is not in the delivery business, nor is it a common carrier. Jerusalem Market provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. Jerusalem Market will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Jerusalem Market is not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and delivered by the Contractor and does not verify Merchants’ compliance with applicable laws or regulations. Jerusalem Market has no responsibility or liability for acts or omissions by any Merchant or Contractor.

You agree that the Merchant will prepare the goods that you purchase you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Jerusalem Market holds title to or acquires any ownership interest in any goods you order through the Services.

User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at other times when you use the Services and update the information to keep it current and done. You are the sole authorized user of any account you create through the Services. You are solely and entirely responsible for all activities under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your user status and may not assign or otherwise transfer your User account to any other person or entity. You will notify Jerusalem Market immediately if you suspect any unauthorized party may be using your password or account. Jerusalem Market will not be liable. You may be responsible for losses, damages, liability, expenses, and fees incurred by Jerusalem Market or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. Suppose you provide any information that is untrue, inaccurate, not current, or incomplete, or Jerusalem Market has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete. In that case, Jerusalem Market has the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the Jerusalem Market services. You agree not to create an account or use the Services if Jerusalem Market has previously removed you or if you have been previously banned from use of the Services.

User Content

Jerusalem Market may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content you submit, post, and transmit through the Services. You further represent and warrant that any User Content that you submit, post, and otherwise send through the Services:

Does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right.
Does not contain false, intentionally misleading, or defamatory material.
It does not contain any unlawful material.
Does not violate any law or regulation.
Does not violate this Agreement.

You, as a result of this grant Jerusalem Market a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and otherwise use the User Content in connection with Jerusalem Market business and all forms now known or hereafter invented (“Uses”), without notification to and approval by you. You further grant Jerusalem Market a license to use your username, first name, last initial, and other User profile information, including, without limitation, your rating history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Jerusalem Market herein shall survive termination of the Services or your account. Jerusalem Market reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that Jerusalem Market may monitor and delete your User Content (but does not assume the obligation) for any reason in Jerusalem Market’s sole discretion. Jerusalem Market may also access, read, preserve, and disclose any information as Jerusalem Market reasonably believes is necessary to

satisfy any applicable law, regulation, legal process, or governmental request,
enforce this Agreement, including investigation of potential violations hereof,
detect, prevent, or otherwise address fraud, security, or technical issues,
respond to User support requests, or
protect the rights, property, or safety of Jerusalem Market, its Users, and the public.

Communications with Jerusalem Market

By creating a Jerusalem Market account, you electronically agree to accept and receive communications from Jerusalem Market, Contractors, or third parties providing services to Jerusalem Market, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Jerusalem Market. You understand and agree that you may receive communications generated by an automatic telephone dialing system that will deliver prerecorded messages sent by or on behalf of Jerusalem Market, its affiliated companies, and Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from Jerusalem Market, you must reply “STOP” from the mobile device receiving the messages. For clarity, delivery text messages between you and delivery personnel are transactional, not promotional.

E-SIGN Disclosure

By creating a Jerusalem Market account, you also consent to use an electronic record to document your Agreement. You may withdraw your consent to using the electronic record by emailing Jerusalem Market at privacy@shoppersolution.com with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy or to update our records of your contact information, email Jerusalem Market at privacy@shoppersolution.com with contact information and your mailing address.

Intellectual Property Ownership

Jerusalem Market alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services or any intellectual property rights owned by Jerusalem Market. Jerusalem Market names, Jerusalem Market logos, and the product names associated with the Software and Services are trademarks of Jerusalem Market or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Software or the Services.

Payment Terms

Prices & Charges

You understand that:

The prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other entities and from prices available at third-party websites, and such prices may not be the lowest prices at which the menu or other items are sold;
Jerusalem Market has no obligation to itemize its costs, profits, or margins when publishing such prices; and
Jerusalem Market reserves the right to change such prices at any time, at its discretion.

You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on Jerusalem Market income). All payments will be processed by Jerusalem Market or its payments processor using the preferred payment method designated in your account. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, Jerusalem Market reserves the right to charge your payment method the final price after checkout. Suppose the charge to your payment method may incorrectly differ from the total amount, including subtotal fees and gratuity, displayed at checkout and after gratuity is selected. In that case, Jerusalem Market reserves the right to make an additional charge to your payment method after the initial cost so that the total amount charged is consistent with the total amount displayed to you at checkout and after gratuity is selected. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file to help prevent any interruption to your Use of the Services. This includes our right to charge any card on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT OF LAW THAT YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Jerusalem Market MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

Jerusalem Market DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Jerusalem Market SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

14. LIMITATION OF LIABILITY

(a) General. You understand and agree that a vital element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities outlined in this Section 14 to keep the Software and Services simple and efficient and low costs for all Users.

(b) CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, Jerusalem Market AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS PAID BY AND DUE FROM YOU TO Jerusalem Market IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

(c) DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT OF LAW, Jerusalem Market SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE). THE PRECEDING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY Jerusalem Market FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.

15. Indemnity

You agree to indemnify and hold harmless Jerusalem Market and its officers, directors, employees, agents, and affiliates (each an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, attorneys’ fees, that may be incurred by an Indemnified Party arising out of, relating to or resulting from

your User Content.
your misuse of the Software or Services.
your breach of this Agreement or any representation, warranty, or covenant in this Agreement; or
your violation of applicable laws, rules, or regulations through or related to the Software or Services.

In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. Jerusalem Market reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Jerusalem Market in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Software or Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Software and Services.

16. Termination

If you violate this Agreement, Jerusalem Market may respond based on several factors, including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, Jerusalem Market may modify or discontinue the Software or Service or may modify, suspend, or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Jerusalem Market reserves the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

17. Third-Party Services and Content

(a) Third-Party Websites, Applications, and Advertisements.

The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Jerusalem Market will not warn you that you have left the Jerusalem Market website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Jerusalem Market. Jerusalem Market is not responsible for any Third-Party Websites, Third-Party Applications, or Third-Party Advertisements. Jerusalem Market does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Websites & Advertisements or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data-gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(b) App Stores.

You acknowledge and agree that the Software and the Services’ availability depends on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Jerusalem Market and not with the App Store. Jerusalem Market, not the App Store, is solely responsible for the Software and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating to that (e.g., product liability, legal compliance or intellectual property infringement). To use the Software and the Services, you must have access to a wireless network and agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Software or the Services. You agree to comply with, and your license to use the Software and the Services is conditioned upon your compliance with, all applicable third-party terms of Agreement (e.g., the App Store’s terms and policies) when using the Software or the Services. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country. You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.

18. Governing Law

Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Jerusalem Market AND LIMITS HOW YOU CAN SEEK RELIEF. SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT. “

(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Jerusalem Market or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Jerusalem Market as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Jerusalem Market may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES HAVE BEEN FILED AGAINST Jerusalem Market—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

SUPPOSE YOU AGREE TO ARBITRATION WITH Jerusalem Market. IN THAT CASE, YOU AGREE IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST Jerusalem Market IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

19. Social Media Guidelines

Jerusalem Market maintains certain social media pages to benefit the Jerusalem Market community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.

20. Internet Delays

The Software and Services may be subject to limitations, delays, and other problems in using the Internet and electronic communications. Except as outlined in Jerusalem Market Privacy Policy or as otherwise required by applicable law, Jerusalem Market is not responsible for any delays, delivery failures, damage, loss, or injury resulting from such problems.

21. Procedure for Making Claims of Copyright Infringement

It is Jerusalem Market policy to terminate the membership privileges of any User who repeatedly infringes copyright upon prompt notification to Jerusalem Market by the copyright owner or the copyright owner’s legal agent. Without limiting the preceding, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work you claim has been infringed.
A description of the location of the Services of the material you claim is infringing.
Your address, telephone number, and email address
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Jerusalem Market Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, innovative solutions for innovation Inc. Baltimore, Maryland, USA.

22. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Jerusalem Market, or any third-party provider resulting from this Agreement or using the Software or Services.

(b) Choice of Law. This Agreement is governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) Consumer Complaints. Per California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

(e) Accessing and Downloading the Application from iTunes. The following applies to any Software accessed through or downloaded from the Apple App Store (an “App Store Sourced Application” ):

(1) You acknowledge and agree that (i) the Agreement is concluded between you and Jerusalem Market only, and not Apple, and (ii) Jerusalem Market, not Apple, is solely responsible for the App Store Sourced Application and the content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the App Store Sourced Application.
(3) If the App Store Sourced Application fails to conform to any applicable warranty, you may notify Apple. Apple will refund the purchase price, if any, for the App Store Sourced Application to you. To the fullest extent permitted by law, Apple will have no other warranty obligation concerning the App Store Sourced Application. As between Jerusalem Market and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jerusalem Market.
(4) You and Jerusalem Market acknowledge that, as between Jerusalem Market and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5) You and Jerusalem Market acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Jerusalem Market and Apple, Jerusalem Market, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(6) You and Jerusalem Market acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the request) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of Agreement when using the App Store Sourced Application.

23. Notice

Where Jerusalem Market requires that you provide an email address, you are responsible for providing Jerusalem Market with your current email address. Suppose the last email address you provided to Jerusalem Market is invalid or unable to deliver any notices required or permitted by this Agreement. In that case, Jerusalem Market will dispatch the email containing such information, nonetheless, constitute adequate notice. Such notice shall be deemed delivered on the next business day after Jerusalem Market receives the email. You may give notice to Jerusalem Market through the following web form: https://help.shoppersolution.com/consumers/s/contactsupport.

24. Electronic Communications

For contractual purposes, you (1) consent to receive communications from Jerusalem Market in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Jerusalem Market provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your current contact information, including your email address. This subparagraph does not affect your statutory rights.

25. Refunds

No Refunds: Charges you pay for completed and delivered orders are final and non-refundable. Jerusalem Market has no obligation to provide refunds or credits but may grant them, in each case, at Jerusalem Market’s sole discretion—fees for Services. Jerusalem Market may change the costs for our Services as necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees. Jerusalem Market may also charge merchants fees on orders you place through the Services, including commissions and other fees. We may change those merchant fees as necessary or appropriate for our business or comply with applicable law.

26. Transactions Involving Alcohol

You may have the option to request delivery of alcohol products in some locations and from certain Merchants. If you receive your delivery in the United States, you agree only to order alcohol products if you are 21 or older. If you receive your delivery in another country, you agree only to order alcohol products if you are of legal age to purchase alcohol products in the relevant jurisdiction. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Contractor delivering the alcohol products and that the recipient will not be intoxicated when receiving such products. If you order alcohol products, you understand and acknowledge that neither Jerusalem Market nor the Contractor can accept your order of alcohol products. The order will only be delivered if the Merchant accepts your order. The Contractor reserves the right to refuse delivery if you are not 21 years old, if you cannot provide a valid government-issued I.D., if the name on your I.D. does not match the name on your order, or if you are visibly intoxicated. If the Contractor cannot complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable $20 restocking fee.

27. Internet Delays

28. Orders

(1) When you place an Order with Jerusalem Market, Jerusalem Market will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g., goods and services tax, value-added tax).

(2) Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you can pay the difference to meet the MOV or add more Goods to your order.

(3) Special Instructions – Jerusalem Market and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible, or commercially reasonable, Jerusalem Market and the Vendor reserve the right to prepare the order according to standard operating procedures. Neither Jerusalem Market nor the Vendor shall be responsible for replacing or refunding an Order which does not conform to special instructions provided by you.

(4) Allergens – Jerusalem Market is not obligated to provide ingredient or allergen information on the Platforms. Further, Jerusalem Market does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions, or dietary restrictions and requirements, please get in touch with the Vendor before placing an Order on our Platforms.

(5) Please note that your order may be subject to additional terms and conditions provided by the Vendor.

(6) Before placing the Order

(6.1) You are required to provide the delivery address for the Platform to display the Vendors available in your delivery area.
(6.2) Once you select a Vendor, you will be taken to that Vendor’s menu page to choose and add your Goods to the cart.

(7) Placing the Order

To complete an Order, follow the onscreen instructions after clicking ‘Checkout.’ You must review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable), is true, accurate, and complete before you click “PLACE ORDER.” You may be required to provide additional details for us to complete your order. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

(8) Cancelling an Order

(8.1) Please contact us immediately via our in-app customer support chat feature if you wish to cancel your order after it has been placed. You have the right to cancel your order provided a Vendor has yet to accept your order.
(8.2) Refunds
(8.2.1) Online Payment Orders

You have the right to a refund for a canceled Order only if a Vendor has yet to accept your order. Should you still decide to cancel your order after the Vendor has received it, you understand that no refunds (in whole or in part) will be issued to you, and you forfeit the delivery of your canceled order.

(8.2.2) Cash-on-Delivery Orders

You have the right to cancel your order only if a Vendor has yet to accept your order. Should you still decide to cancel your order after the Vendor has received it, you understand that you shall forfeit the delivery of your canceled order. Cash-on-delivery may be removed from your list of available payment methods for your future orders.

(9) Jerusalem Market reserves the right to cancel any Order and suspend, deactivate, or terminate your Jerusalem Market account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Jerusalem Market account and with your order.

29. Delivery, Pickup, and Vendor Delivery

(1) Delivery Areas

By entering your delivery address on the Platforms, you will see the Vendors we make available to you at that time. You understand that our Vendors offer their Goods in specific delivery areas, and our Vendors vary from delivery area to delivery area. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

(2) Delivery Time

(2.1) Jerusalem Market shall deliver your order to the delivery address provided by You. You may choose for your order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation. Still, delivery times shall vary depending on factors that are not controlled by us (e.g., order quantity, distance, time of day (peak periods), weather conditions, and traffic conditions). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and that Orders may arrive earlier or later. To ensure that you do not miss delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the order once an Order is placed. If your order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age or fails to provide valid proof of I.D. Jerusalem Market reserves the right not to deliver your order to you.

(3) Unsuccessful or Failed Deliveries

(3.1) In cases where we attempt to deliver an Order, but we are unable to do so due to the reasons caused by you, including but not limited to:

(3.1.1) no one was present or available to receive the order; or
(3.1.2) the customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(3.1.3) lack of appropriate or sufficient access to deliver the order successfully;
(3.1.4) lack of a suitable or secure location to leave the order; or
(3.1.5) in the case of Restricted Goods, the customer did not meet the statutory age requirements, or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.

(3.2) No-show Cancellations

Suppose you remain uncontactable or fail to receive the order within ten (10) minutes from the time the order arrives at your delivery address. In that case, Jerusalem Market reserves the right to cancel the order without a refund or remedy to you.

(4) Wrong Order, Missing Items, Defective Goods

Upon receipt of your order, if you discover issues with your order (e.g., wrong order, defective order, or missing items), please immediately contact customer support via one of the methods indicated in Clause 1.3 above. In some cases, Jerusalem Market may request photographic proof and additional information to investigate the issue with your order correctly. If we determine that the Order and Goods you received are unsatisfactory condition or quality, we will compensate you for your order or parts of your order.

(5) Order Pickup

(5.1) Where available, you can collect your order in person directly from the Vendor’s premises (“Pickup”) instead of having the order delivered to You. Your email confirmation will indicate the time to pick up the order (“Collection Time”). The Vendor will prepare the order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the order to you if you fail to Pick up your Order within the Holding Time.

(5.2) In the event of unreasonable delays in pickup attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in the condition of the Goods (e.g., changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund, or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick up your Order and shall report any issues and defects to the Vendor before leaving the Vendor’s premises.

(6) Vendor Delivery

Sometimes, our Vendors will deliver the order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in case of issues or delays in your delivery. Jerusalem Market shall not be responsible in any way for Orders or Goods that Vendors deliver.

30. Vouchers, Discounts, and Promotions

From time to time, Jerusalem Market may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity and redemption periods and, in some instances, may only be used once.

(1) Vouchers may not be valid with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers.
(2) Unless otherwise stated, Vouchers can only be used on our Platforms.
(3) Vouchers cannot be exchanged for cash.
(4) Jerusalem Market reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurants’ terms & conditions apply.
(5) We may exclude certain Vendors from using Vouchers at any time without prior notice to you.