Terms and Conditions of Use and Privacy Policy for the “Shlomo Ben Shlomo” Website
Shlomo Ben Shlomo thanks you for choosing to browse the website operated by him at the following address: (the “Website”).
The Website enables online purchases of digital fitness training, including demonstrations of exercise and sports workouts (the “Products” and/or the “Services”).
Also, additional information about the Products and other services can be found on the website.
1. General:
1.1. Browsing the Website is subject to the terms set forth in these Terms and Conditions of Use (the “Terms and Conditions”).
Please read the Terms and Conditions carefully, as browsing the Website and performing actions on it constitute your agreement to the terms contained herein.
Furthermore, the Website reserves the right to modify these Terms and Conditions from time to time, at its sole discretion and without prior notice.
The date of entry into force of such a modification shall be upon its publication on the Website with respect to new customers.
1.2. In these Terms and Conditions words which are in the plural form shall be deemed to include the singular form, and vice versa, and words which are in the masculine gender shall be deemed to include the feminine gender, and vice versa.
1.3. These Terms and Conditions apply to the use of the Website and the content included therein via any computer or other communication device (such as a mobile phone, tablet computer, etc.).
They also apply to the use of the Website whether through the internet or through any other network or means of communication.
1.4. Browsing the Website is permitted at any age. Purchases on the Website are intended only for individuals with legal capacity from the age of 18 and above.
Purchases made by a minor under the age of 18 require the approval of a parent or legal guardian.
1.5. In the event that any provision of these Terms and Conditions is deemed unenforceable or invalid for any reason, such determination shall not affect the legality, validity, or enforceability of the remaining provisions of the Terms and Conditions.
2. Browsing the Website:
2.1. Browsing and viewing the Website do not require registration and are open to any user.
2.2. At the time of purchase, the user will be asked to provide personal information: first name, last name, residential address, and an active email address. Providing incomplete or incorrect information may prevent the use of the service and the ability to make contact if needed. In the event of any changes in the information provided, it must be updated.
2.3. It is clarified that there is no legal obligation to provide the information; however, failure to do so will render it impossible to purchase the product or the demonstrated products.
2.4. The Website and the business shall use the information provided only in accordance with the Website’s Privacy Policy, which constitutes an integral part of these Terms and Conditions.
2.5. Leaving details and/or making a purchase on the Website, once such activity is enabled on the Website, and subject to the user’s consent, shall include, inter alia, receipt of marketing content, information regarding promotions, updates, and discounts to registered users.
2.6. The Website may determine, from time to time, identification methods for logging into the Website, including login via Facebook and/or other social networks and/or other platforms.
2.7. The Website and the business reserve the right to prevent any user from using the Website, at their sole discretion. Without derogating from the foregoing, the Website may block a user’s access in any of the following cases:
2.7.1. If, at the time of leaving details and/or purchasing on the Website, false information was provided intentionally.
2.7.2. In the event that the Website is used to perform or attempt to perform an illegal act under the laws of the State of Israel, or an act that appears to be illegal as stated, or to enable, facilitate, assist or encourage the commission of such an act.
2.7.3. If the provisions of these Terms and Conditions have been violated.
2.7.4. If the Website was used in an attempt to compete with the Website.
2.7.5. If a user performs any action that prevents others from browsing and using the Website in any manner.
3. Making a Purchase on the Website:
3.1. The purchase of the Product or Products shall be made via bank transfer using the details published on the Website.
3.2. Prices, availability, and other purchase terms are displayed on the Website pages and are subject to change from time to time. The Website reserves the right to change the range of Products or to discontinue or modify the price of the Products on or off the Website, without prior notice.
3.3. When purchasing on the Website, you are responsible for providing accurate, correct, up-to-date, and complete information about yourself. The Website may verify the details provided after the purchase is made and may cancel or limit the purchase at any time.
3.4. It is prohibited to make a purchase on the Website on behalf of another person without their consent and/or without their presence in front of the screen at the time of purchase and after all the Terms and Conditions have been explained to them.
4. Supply of the Products:
4.1. Upon completion of the purchase process, and subject to the terms set forth on the Website, the business shall produce the media Products and they shall be delivered to the customer via GOOGLE DRIVE at the times published on the Website.
4.2. Once access to the media Products is granted to the customer, the customer must save a copy of them on his computer. Afterwards, the Website reserves the right to terminate access to the Products at any time, including, but not limited to, in cases of Website closure and/or cessation of Website operations, and the like.
4.3. The delivery of the Products shall be subject to the sole discretion of the Website, and the Website shall not be liable for any delay and/or postponement in the provision of the service and/or failure to provide the service, as a result of force majeure and/or third parties and/or events beyond its control, including but not limited to communication issues, technical problems, internet issues, email malfunctions, war, strike or shutdown, act or omission of a third party or restrictions imposed by it, laws, regulations, orders or other governmental directives, security restrictions, epidemic, lockdown, weather conditions, or other circumstances beyond its control.
4.4. It is clarified that the Website shall be entitled to change the platform through which access to the services is granted, as well as the content delivered as part of the services, at its sole discretion.
4.5. For the avoidance of doubt, the Products presented on the Website are provided for personal use only. It is hereby clarified that all proprietary rights, including copyrights and intellectual property rights in the Products and/or the content provided by the Website, belong exclusively to Shlomo Ben Shlomo.
5. Cancellation Policy:
5.1. Joining as a purchaser constitutes an investment in the production of the product (the film), tax payments and more.
5.2. An interested party who agrees to purchase the product (the film) shall send their consent to the following email: r.and.d.shlomo@gmail.com, and it should be taken into account that the email is for information purposes only. The website and its administrators may decide on a minimum number of registrants only, to begin the purchase. Do not call and do not ask about the required minimum, this is the decision of the website and its administrators.
5.3. Production of the Product (the film) – for purchasers constitutes the transfer of years of knowledge, which can be used, filmed and continue to be used even for a long time and it is also mandatory to present it to the experts on behalf of the purchasers (because the purchaser and the experts are responsible for performing the exercises and the results of the practice only, as the law prohibits the demonstrator from making recommendations and therefore he only demonstrates the exercises on himself), therefore it also cannot be canceled and the money cannot be refunded.
6. Website Liability:
6.1. The information displayed on the Website shall not be construed as a guarantee of any result and/or as a warranty for the manner of operation of the services sold on the Website. The Website shall not be liable for any direct or indirect damage caused to a user as a result of reliance on the information presented on the Website and/or on links to other websites and/or any internal and/or external source of information and/or use of the services displayed by it.
6.2. The Website shall not bear any responsibility in connection with a purchase made using a credit card without the owner’s consent, a purchase made by a minor and/or a person declared legally incompetent, a purchase made in bad faith and/or negligently and/or through an omission, a purchase made under another user’s name without consent, and/or any damage of any kind resulting from placing an order on the Website.
6.3. The Products and the content presented in the Products are provided for educational and informational purposes only, and any action taken as a result thereof is the sole responsibility of the user. The user of the Website hereby acknowledges and declares that he is aware that physical activity may pose a risk to his health and physical safety if not performed properly and under the supervision of a qualified professional.
6.4. It is hereby clarified that any action taken as a result of the use of the Products provided on the Website shall be performed with due caution, and the sole responsibility for any damage (God forbid it occurs), of any kind whatsoever, shall rest with the individual using the Products. The information contained in the content and the Products shall not be construed as a guarantee of any result.
6.5. Users of the Website shall have no claim against the Website, its managers, employees or anyone on its behalf, and they shall not be liable, directly or indirectly, for any damage, including bodily harm, property damage or any other injury or loss, resulting from receipt of content from the Website and/or from the services provided through the Website, even if the Website warned, recommended or advised on a particular matter or regarding a particular service and/or Product, and in no event shall the Website be a substitute for or bear the liability of the user and/or the service recipient. The user shall bear full responsibility and risk for any damage, injury, or harm to his body and/or property and/or the property and/or body of any third party resulting from the use of the services and/or content displayed on the Website.
6.6. The content and/or services presented on the Website do not constitute and shall not be construed as a substitute for personalized consultation and/or medical treatment and/or medical recommendation, and shall not be regarded as treatment and/or consultation by professionals, such as physicians, physiotherapists, specialists, and the like.
6.7. The Website shall not be liable for any damage (direct or indirect), loss, distress or expenses caused to users and/or any third parties as a result of the use of or reliance on any content, information, data, representation, image, video, audio, advertisement, Product, service, etc. appearing on the Website. Any such reliance is made at the sole discretion and responsibility of the Website user.
6.8. The content on the Website is provided “as is.” It cannot be tailored to the needs of each and every individual. There shall be no claim, demand, or cause of action against the Website in respect of the features, capabilities, limitations and/or suitability of the content to users’ individual needs.
6.9. The Website in its entirety, including all the information contained therein, is presented to the public “as is”, and while efforts are made to ensure the information is accurate and correct, the information may be incomplete or may contain technical or other errors.
6.10. The use of the Website shall be at the sole and full responsibility of each user. Any decision made in relation to content published on the Website is the sole responsibility of the user. The Website does not undertake that content and services provided by third parties, including content and service providers, and published on the Website, shall be complete, accurate, legal, or correct, or shall meet the expectations and requirements of any user. The Website shall not bear any liability whatsoever for any consequence arising therefrom, from their use, or reliance upon them.
7.Use of the Website:
7.1. Use of the Website is permitted for private and personal purposes only. It is prohibited to copy and use or to allow others to use, in any manner, content from the Website, including on other websites, electronic publications, printed publications, and the like, for any purpose, whether commercial or non-commercial, that is not for private and personal use, unless prior written and explicit consent has been obtained for any commercial activity, and subject to the provisions of the agreement and/or the terms of use for commercial users.
7.2. It is prohibited to display content from the Website in any manner whatsoever, including through any software, device, accessory, or communication protocol that modifies the design of the content on the Website or omits any part thereof, particularly advertisements and commercial content.
7.3. It is prohibited to link to the Website from any site that contains pornographic content, content that encourages racism or unlawful discrimination, or content that is contrary to the law, or whose publication is prohibited by law or encourages activity that is illegal.
7.4. It is prohibited to link to content from the Website that is not the Website’s homepage (“deep linking”) and to display or publish such content in any other way, unless the deep link is to a complete and unaltered web page on the Website (AS-IS), so that it may be viewed and used in an identical manner to how it appears and is accessed on the Website. In this context, it is forbidden to link to content from the Website in isolation from the web pages on which it appears (e.g., it is forbidden to directly link to an image or graphic file on the Website without linking to the full page on which it appears). Additionally, the exact address (URL) of the web page on the Website must appear in the regular location designated for it in the user’s interface, such as the address bar in the user’s browser. This address may not be altered, distorted, hidden, or replaced with any other address.
7.5. The Website may, at its sole discretion, require the cancellation of any such deep link, and in such case, no claim, demand, or cause of action shall be available against the Website in this regard.
7.6. The Website shall not bear any liability for any damage caused as a result of linking to content from the Website or from the display or publication of such content in any other manner. Full and exclusive responsibility for any link, display, or publication of the content shall rest solely with the party performing such action.
7.7. The user shall indemnify the Website or anyone on its behalf for any damage, loss, loss of profit, payment, or expense incurred by them − including attorney’s fees and legal expenses − due to a breach of these Terms of Use. In addition, the user shall indemnify the Website or anyone on its behalf for any claim, demand, and/or cause of action brought against them by any third party resulting from content submitted by the user for publication on the Website and from links the user has made to the Website.
8. Changes to the Website, Malfunctions, and Service Interruptions:
8.1. Without derogating from the above, the Website may, from time to time, modify the structure of the Website and/or its appearance and/or design, the scope and availability of the services on the Website, and may charge a fee for certain content and services at its discretion. Likewise, the Website may change any other aspect related to the Website, all without prior notice.
8.2. Such changes shall be made, among other reasons, in consideration of the dynamic nature of the Internet and the technological and other changes that occur therein. By their nature, such changes may be accompanied by malfunctions and/or initial inconvenience, etc. No claim, demand, and/or cause of action shall arise against the Website in connection with the implementation of such changes and/or malfunctions that may occur in the course thereof.
8.3. Without derogating from the foregoing, the Website may at any time discontinue the provision of these services, in whole or in part, at its sole discretion. The Website shall post notice of the termination of services within a reasonable time in advance. Upon termination of the services, the Website will retain the content available on the Website for a further reasonable period, after which it may delete such content without retaining any backup and without giving further notice thereof.
8.4. The Website does not undertake that its services will not be interrupted, will be provided regularly or without breaks, will occur securely and without error, or will be immune to unauthorized access to its computers or to damage, malfunctions, defects, or failures − whether in hardware, software, communication lines, or systems − of the Website or any of its providers.
9. Intellectual Property:
9.1. All copyrights and intellectual property rights are the sole property of the Website, or of a third party that has lawfully permitted the Website to use such content, including the Website’s business partners.
9.2. It is prohibited to copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works from, sell, or rent any part of the foregoing, either directly or through or in cooperation with a third party, in any manner or by any means, whether electronic, mechanical, optical, photographic, or recording, or by any other method or means, without the Website’s or the relevant rights holders’ prior written consent, as applicable, and subject to the terms of such consent (if granted). This provision also applies to any processing, editing, or translation performed by the Website on content that was uploaded or provided by users of the Website.
9.3. If such consent is granted, users must refrain from removing, deleting, or altering any notice or marking concerning intellectual property rights, such as copyright © or trademark ™ symbols, accompanying the content used.
9.4. Trademarks, photographs, images, content, and advertisements of the Website’s business partners are the exclusive property of those advertisers. Such materials may not be used without the advertiser’s prior written consent.
10. Jurisdiction:
10.1. These Terms and Conditions shall be governed exclusively by the laws of the State of Israel.
10.2. The competent courts in the Central District shall have exclusive jurisdiction over any matter arising from and/or related to these Terms and Conditions.
11. Privacy Policy:
11.1. The Website respects the privacy of its users and places great importance on its protection.
11.2. In addition to the information you provide when registering on the Website, the Website collects certain information about your computer through which you visit and perform actions on the Website. This information is collected automatically (including by the use of “Cookies”) and may include IP addresses, browser type, browsing and login times to the Website, method of browsing and the device you use for browsing, information regarding your internet service provider, and the web addresses from which you arrived. (The information provided during registration and the information collected by the Website as described in this paragraph shall collectively be referred to as: “Information Collected on the Website”).
11.3. The Information Collected on the Website shall be used, inter alia, for optimal operation of the Website, maintaining high service quality, and for general statistics regarding the use of the Website.
11.4. The Website and/or anyone acting on its behalf may use the Information Collected on the Website for the following purposes:
11.4.1. To provide you with the information you requested or additional information that the Website believes may be of interest to you from time to time.
11.4.2. To tailor advertisements and commercial information according to your personal preferences.
11.4.3. To contact you through Website representatives regarding services provided by the Website.
11.4.4. To conduct customer surveys and/or marketing research that the Website may carry out from time to time.
11.5. The Website and/or anyone acting on its behalf shall not disclose and/or sell any Information Collected on the Website to any third party, except to persons acting on their behalf to whom they provide the Information Collected on the Website solely for the purpose of service provision, and who are also obligated to fully protect the confidentiality of such information.
11.6. Nonetheless, the Website and/or anyone acting on its behalf may transfer Information Collected on the Website to third parties (excluding sensitive information such as credit card details or identification numbers) in any of the following cases:
11.6.1. You have provided your prior written consent.
11.6.2. The Website and/or anyone acting on its behalf are required by law to transfer the said information, for example, pursuant to a court order.
11.6.3. In order to protect the legal and proprietary rights of the Website and/or anyone acting on its behalf in connection with this Website.
11.6.4. If you violate the Website’s Terms and Conditions or if you perform through the Website, or in any connection with the Website, actions that are contrary to or appear to be contrary to the law, or any attempt to carry out such actions.
11.6.5. In any case where the Website believes that disclosing the collected information is necessary in order to prevent serious harm to the user’s body or property or to the body or property of a third party.
11.6.6. If the Website is merged into another entity or if the Website is transferred to the ownership of another corporation, the existing information on the Website may be transferred to the new corporation, but only if the corporation undertakes to uphold this Privacy Policy.
11.7. Additionally, the Website may provide third parties with general statistical information only, which is not personal or private, regarding the use of the Website, such as the total number of visitors to this Website and to each page of the Website, as well as the domain names of the internet service providers of the visitors to the Website.
11.8. Right to Request Access to Information Collected About You on the Website or Right to be Forgotten: You have the right to request access to the information collected about you by the Website or to request the deletion of such information. If you wish to request access or deletion of the aforementioned information, please contact us using the contact details at the bottom of these Terms and Conditions.
12. Data Security:
12.1. The Website implements administrative, technical, and physical safeguards designed to protect the information it collects through the Website from unauthorized or unlawful access, alteration, disclosure, or use.
12.2. Nonetheless, it is important to note that it is not possible to guarantee complete protection against determined and malicious actions by external parties, and therefore these measures do not provide absolute security, and the Website does not guarantee that the use of the Website and the submission of information will be completely immune from unauthorized access to the collected information.
13. Newsletter Subscription, Mailing Authorization, Publications and
Advertisements:
13.1. A user who has submitted contact details on the Website and is included in the Website’s mailing list consents to the use of their information for the purpose of receiving marketing materials, updates, and advertisements distributed by the Website from time to time.
13.2. A user who has submitted contact details as described above shall be subject to the mailing provisions detailed in these Terms and Conditions below.
13.3. It is forbidden to submit the contact details of another person on the Website without his consent and/or without his presence in front of the screen at the time of submission of the details and after all the Terms and Conditions have been explained to him.
13.4. When submitting their details, the user will be requested to provide personal information such as: first name, last name, telephone number, and an active email address (at the sole discretion of the Website). Providing partial or incorrect details may prevent the use of the service and hinder the ability to contact the user if necessary. In the event of a change in details, users must update them on the Website.
13.5. It is clarified that there is no legal obligation to provide information on the Website, however, without doing so, it will not be possible to receive marketing content and updates from the Website.
13.6. The Website shall not use the provided information except in accordance with the Website’s Privacy Policy, which constitutes an integral part of these Terms and Conditions.
13.7. Leaving contact details on the Website and consenting to receive marketing content includes, inter alia, the receipt of marketing materials, price change notifications, information regarding promotions, updates, and discounts offered to registered users.
13.8. Authorization to receive direct mail (marketing content), as mentioned, constitutes the user’s consent to receive advertisements under the Israeli Communications Law (Telecommunications and Broadcasting) (Amendment No. 40), 5768-2008 (the “Communications Law”).
13.9. It is clarified that any user who provides their details may remove themselves from the mailing list at any time by clicking “unsubscribe” or similar wording appearing at the bottom of every mailing, or by contacting the Website via email. As long as the registrant has not removed themselves from the mailing list as described above, the Website may, subject to the Communications Law, send direct mail to the registrant as stated.
13.10. The Website reserves the right to cancel a user’s registration to the mailing list at its sole discretion. Without derogating from the above, the Website may prevent a user from accessing the Website and/or cancel their registration to the mailing list, or block access in any of the following cases:
13.10.1. If, when submitting details and/or making a purchase on the Website, false information was intentionally provided.
13.10.2. If the Website is used to perform or attempt to perform an unlawful act under the laws of the State of Israel, or an act that appears to be unlawful as described above, or to enable, facilitate, assist or encourage the performance of such an act.
13.10.3. If the Terms and Conditions are violated.
13.10.4. If a user commits any act that prevents others from continuing to use the Website in any manner.
13.10.5. The information provided in the mailing shall not be considered a guarantee of any result and/or a warranty for the service offered therein.
13.11. The Website shall not be liable for any damage (direct or indirect), loss, emotional distress, or expenses incurred by the person providing details and/or any third parties as a result of reliance on any content, information, data, representation, advertisement, product, service, etc., appearing in the mailing. Any such reliance is made at the sole discretion and responsibility of the individual providing the details.
13.12. The mailing in its entirety, including all information contained therein, is provided as-is, and while it will be as accurate and correct as possible, it may nonetheless be incomplete or contain technical or other errors.
13.13. The user confirms that he shall have no claims regarding advertisements and/or commercial content displayed on the Website, including in relation to their placement. It is clarified that with respect to advertisements displayed under the sponsorship of a third party, the Website has no involvement in selecting the advertisements, their content’s accuracy, or the order of their appearance.
14. Liability:
14.1. The website and its administrators are prevented and prohibited by law from providing professional answers. Therefore, all questions should be directed to the experts of the interested parties. For buyers (purchasers), the questions as well as the material that will be sent to them in exchange for the purchase payment must be presented to experts. The law prohibits the offeror from giving advice. Email:
r.and.d.shlomo@gmail.com