Terms & Conditions – ShailaText
FEDERATION OF SYNAOGUGES
SHAILATEXT TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the contractual relationship between:
- Federation of Synagogues, a charitable organisation, registered under FOS number 254951 under the laws of England and Wales, having its registered office located at 65 Watford Way, Hendon. London NW4 3AQ (hereinafter referred to as “FOS”, “Charity”, “we”, “our” or “us”); and
- each individual, user or visitor (“you” or “your”) accessing and using (i) www.federation.org.uk (hereinafter referred to as “Website”), and (ii) the Services (defined under Section 2 below).
You and FOS shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Website and/or Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
- Acceptance and Modification of Terms
- By accessing FOS’s Website and by using the Services (defined below), you agree to be bound by these Terms and accept to comply with all applicable laws. If you do not agree to these Terms, in whole or in part, you are to refrain from accessing the Website and using the Services (defined below).
- Your continued use of the Website and/or Services (defined below) shall be deemed as your acceptance of these Terms.
- FOS reserves the right, in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. Your continued access to the Website and use of the Services (defined below) following the posting of any changes to these Terms shall be subject to the newly modified Terms.
2.1 FOS provides you with:
- a text message support service which allows you to anonymously contact registered and qualified religious leaders/rabbis (“Rabbi(s)”), for free;
- access to Rabbis, who will engage with you and provide you with their recommendations, based upon the Rabbi’s interpretation of your question and in consideration of current Jewish practices;
- access to fundraising initiatives provided by FOS for the Services and other services provided by FOS; and
- access to marketing information and materials pertaining to the Jewish faith,
(collectively the “Services”).
- Anonymity. FOS has integrated software into the provision of the Services which ensures that all communications between you and the Rabbi are strictly confidential and anonymous. The software removes all your personally identifiable information (including but not limited to your name, surname, phone number and contact information) prior to putting you in contact with the selected Rabbi. As such, the Rabbi shall only receive a reference number when communicating with you. Please note that in some extreme cases, an administrator will be able to obtain your phone number in accordance with clause 2.3 below.
- Duty to Report. Although the Services are provided to you in confidence and anonymously, you acknowledge, understand and agree that FOS has a legal and ethical duty to report and disclose your telephone number and other personal information, to the police, if we believe that you or others may be in danger or suspect illegal activity.
- Subject to the terms and conditions herein, you hereby acknowledge and agree that:
- the Services are provided free of charge to you by us;
- you shall be solely and exclusively responsible for the choices you make with regards to the Services;
- you shall be solely and exclusively responsible for any and all decisions, actions or inactions you may choose to take whilst accessing and using the Services; and
- FOS shall not be liable for any result or non-result or any consequences which may occur due to your access to and use of the Services.
- FOS shall not be held responsible for any content, or the suitability of the Services provided by us to you. As such, FOS does not warrant or guarantee the accuracy, correctness or completeness of the information/content provided by the Rabbis. Your use of the Services, its content and any associated items obtained through the Services shall be at your sole risk. You assume full responsibility for any actions you take following your use of the Services.
- You acknowledge that FOS may, in its sole discretion at any time without notice and for any or no reason, add, change, suspend, remove or discontinue any or all part(s) of the Services.
- You agree to access the Services for lawful purposes only. Therefore, you agree to not:
- use any material or information, including images or photographs, which are made available by FOS through the Services in any manner that infringes FOS’s, or any third party’s copyright, trademark, patent, trade secret, or other proprietary right;
- download, copy, record, distribute, reproduce, perform, display, sell or give away the Services to any third party, as any such actions or practices are not only illegal but also strictly forbidden by FOS;
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website and made available to you;
- violate any applicable laws or regulations; and/or
- use the Services and Website for any unauthorised commercial purposes.
- No Provision of Professional Advice
3.1 The Services are provided for informational purposes only, and no content or information included or provided during your communication with the Rabbi is intended for any other purposes and should not be construed as medical advice/opinion. FOS shall not be responsible or liable for (i) the accuracy, usefulness or availability of any information transmitted via the Services, and (ii) any personal decisions made by you which is based on any information made available on the Services.
3.2 FOS has no intention of providing you with legal, tax, financial, trading, business, medical, or personal advice. Your personal situation is unique, and as such, any information and advice obtained through the Services may not be appropriate or suitable for your situation. Accordingly, before making any decisions, it is recommended that you consider obtaining additional information and advice from your Rabbi, doctor and/or other professional advisor who shall be privy to the details of your individual situation.
3.3. We expressly disclaim all liability with respect to actions taken or not taken based on any content or information/recommendations provided to you by the Rabbi. The content/information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
- Access to Services
The Services are primarily intended for audiences residing in the United Kingdom (UK). As such, FOS makes no representation that the Services, including any content, information and/or material, and its respective copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by individuals located outside the jurisdiction of the UK.
Your access to the Services from locations outside the UK shall be at your own initiative and risk. You shall be solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- Direct Marketing
You consent to receiving unsolicited direct marketing communications (in accordance with European Union General Data Protection Regulation and Privacy and Electronic Communications (EC Directive) Regulations 2003 (UK) from FOS, from time to time for other services provided by FOS related to or similar in nature to the Services.
- Warranties and Disclaimer
6.1 FOS AND/OR ITS RESPECTIVE RABBIS, AFFILIATES, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE AND THE SERVICES, AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE AND THE SERVICES FOR ANY PURPOSE. ALL SUCH SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FOS AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.2 YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES, WHICH ERRORS AND CHANGES MAY BE PERIODICALLY MADE TO THE WEBSITE AND/OR SERVICES HEREIN.
6.3 NEITHER FOS NOR ITS RABBIS, AFFILIATES, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE OR THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER/MOBILE SYSTEM, DATA OR PERSONAL INFORMATION.
6.4 FOS PROVIDES YOU WITH THE SERVICES ON THE WEBSITE IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY (I) THAT THE SERVICES WILL MEET YOUR YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS/ERRORS IN THE WEBSITE AND/OR SERVICES WILL BE CORRECTED, OR (IV) THAT THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- Third Party Links
The Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that we shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by FOS of such websites or resources or the content, products, or services available from such websites or resources.
Your communication, interaction or business transaction with any third party advertiser or promoter found on or through the Website and/or Services, including any third party terms, conditions, warranties or representations associated with such communication, interaction or business transaction, are solely between you and such advertiser or promoter. You acknowledge and agree that FOS shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party advertiser or promoter found on or through the Website and/or Services.
- Intellectual Property
All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Website and the Services, including but not limited to any and all copyrighted works, software, artificial intelligence software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Materials”), are the exclusive property of or are licensed to FOS. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without FOS’s prior written permission.
Any and all intellectual property rights in the Materials and the Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and the Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in FOS, its licensors, suppliers, vendors, or service providers, as the case may be. All rights not expressly granted by FOS to you are reserved by FOS. Save as expressly set out herein, you shall not acquire any right, title or interest in FOS’s Intellectual Property.
You shall defend, indemnify and hold harmless FOS and its officers, directors, licensors, suppliers, vendors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Website or your use of the Services.
- Limitation of Liability
FOS, ITS RABBIS, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF FOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHILE FOS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, FOS AND ITS RABBIS, AFFILIATES, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, FOS’S, (INCLUDING ITS LICENSORS AND SUPPLIERS), LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED POUNDS STERLING (£100).
- Suspension and Termination
FOS may suspend or temporarily disable your access to whole or part of the Services in the event of any suspected illegal or improper activity (and report such illegal or improper activity to the relevant authorities), upon FOS’s reasonable belief that you have violated these Terms, or upon requests made by applicable law enforcement or other government agencies.
- Age Restriction
You must be at least eighteen (18) years of age to use the Services. By accessing and using this Website and/or Services and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.
If a court holds that any provision of these Terms is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, the court will sever and delete the provision from these Terms. The change will affect neither the validity of the amended provision nor the validity of any other provision of these Terms, which will continue in full force and effect.
- Force Majeure
A force majeure event means any event beyond a party’s reasonable control that, by its nature, could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), acts of God, epidemics and pandemic, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, shortage of supply or delay in delivery by our vendors, fire, flood, earthquake, accident, radiation, inability to secure transportation, failure of communications or energy sources, malicious damage, breakdown of plant or machinery, or default of suppliers or sub-contractors.
You acknowledge that FOS shall not be liable for delays or failures to perform any of its obligations under these Terms to the extent caused by a force majeure event.
- No Waiver
A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.
Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to firstname.lastname@example.org.
- Entire Agreement
These Terms constitute the entire agreement between you and FOS with respect to the subject matter hereof and supersede all previous written or oral agreements between yourself and FOS with respect to such subject matter.
- Governing Law
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales. You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, the English Court system in London shall have jurisdiction to try and adjudicate such dispute.
- Contact Information
Should you have any questions concerning these Terms, you may contact FOS at email@example.com or +44 208 202 2236.
Effective Date: 1st July 2021