Terms of Use

Terms of Use

Welcome to “KeepKosher” – a search engine and guide for kosher restaurants and products in Israel and around the world (hereinafter: the “Service”). 

The Service, whose terms shall be specified hereinbelow, is provided by Tzohar Food Supervision Ltd., Company No. 515804755, of 13 HaMelacha Street, Lod (hereinafter: the “Company”). 

The Services of “KeepKosher” are provided the mobile phone application (hereinafter: the “App”). 

By using the Service, including the content thereof, you consent to these Terms, including the Privacy Policy, to be specified hereinbelow, as well as instructions or guidelines to be featured during use of the Service (hereinafter: the “Terms of Use”). You are hereby requested to carefully read the Terms of Use, as they formulate your rights and obligations with respect to the use of the Service, and constitute an agreement between you and the Company. The Terms of Use may be amended as necessary, and therefore we recommend re-reading them from time to time. If you do not consent to the Terms of Use, fully or in part, please refrain from using this Service.

The term “content” hereinafter in these Terms of Use shall mean any verbal, visual, or vocal content, or any combination thereof, as well as the design, processing, editing, and way of presentation thereof.

These Terms of Use apply to the use of the Service and the content included therein through any computer or other electronic device (such as smartphones and smart watches, tablets, etc.), whether it be through the internet or through any other network or means of communication.

The Terms of Use employ the masculine form for purposes of convenience only, and naturally refer to both genders.

About the Service 

The Service serves, inter alia, as a search engine and guide for kosher businesses and products in Israel and around the world. The content and information featured therein are collected by the Company from a variety of sources, online and otherwise, some of which are added by the Service’s users. Inter alia, the Service includes content and information concerning restaurants, bars, kiosks, and other businesses or persons serving or selling food, while using the advanced options and search filters offered by the Service.

The order of the results featured in the Service is determined automatically by a computer algorithm, inter alia, based on the distance from the user’s actual location, and match level with the search criteria used by the user, and it is not biased in favor of any particular service or business. The foregoing shall not derogate from the Company’s full discretion with respect to the order of the search results. The foregoing shall not derogate from the option to change the criteria specified hereinabove in the future, in accordance with the Company’s discretion. 

The information provided by the Service regarding the type of kosher supervision provided to the businesses is entered by the business owners actively participating in the entry of such content to the Service. The Company allows any user to report errors in the featured information and the content, to report businesses which have ceased operation, or report erroneous and/or out of date information with regards to the kosher status of the businesses. 

If you are the legal owner of a business featured in the Service (hereinafter: “Business Owner”), the Company may also allow you to access advanced editing options, as well as various statistics concerning the information and content published in the Service with regards to your business. The Company shall be under no obligation to provide the aforesaid options to any Business Owner, and shall do so in accordance with its exclusive discretion, and subject to the delivery of appropriate supporting documents to the Company’s satisfaction. 

Without derogating from the generality of the above with respect to the order of the results featured on the Service, the Company, upon such date as it sees fit, may permit Business Owners to promote certain content on the Service for consideration. Promoted content shall only be featured in the designated areas within the pages of the Service. The Company does not artificially interfere with the presentation order of the search results in the Service. The Company shall have exclusive discretion to decide which content and information to feature on the Service, the duration of time in which they are featured, their location and design, and any other matter related thereto, including the removal of any content from the Service, in accordance with its exclusive discretion. Additional information concerning the Service, its features and use options may be found on the relevant pages of the Service.

The Company makes available to you tools for sharing and linking content from the Service through various social networks and third party online services, such as Facebook. Please note that any use of social networks and third party services as aforesaid is at your own risk. Such use as aforesaid is not related to the Company and shall mostly be subject to the legal terms formulating the activity of such social networks and third party services, including the terms of use of said online services, and the privacy policies thereof. The aforesaid legal terms are not made on behalf of the Company.

Please note - some of the Services provided through the App constitute “location-based services,” which utilize GPS technology to determine your location and provide you with search results that match such location as much as possible. These services cannot be provided without your consent to the use of such technology, and therefore by installing the App and consenting to these Terms, you consent to its use. You may cancel the ability to recognize your location at any time through the App, by canceling this feature in the settings of your end device. In order to view search results that match your location through the Website, you shall be obliged to type your address in the designated location on the Website, if you choose to do so, in accordance with your discretion.

Use of the Service

You may use the Service, its content and the use options offered therein, in accordance with the guidelines specified hereinbelow. You may not use the Service in any other manner, unless you have received the Company’s express consent, in advance, in writing, and subject to the terms of said consent (if any) -

• The Service must not be used in any manner which constitutes or which may constitute any violation or civil tort in accordance with the provisions of any Law and/or in a manner which causes injury to the rights of any third party;

• You may use the Service for non-commercial purposes only, and all without derogating from the Company’s right to allow limited-scope commercial use for Business Owners, for the purpose of promoting their own business only; You may not copy and use, or allow others to copy and use the content of the Service in any other way, including in other websites and applications, electronic publications, print publications, etc., for any other purpose; The Company’s data and information base provided through the Service constitutes the Company’s intellectual property, as shall be specified hereinbelow in these Terms.

• You may not utilize any means to bypass, neutralize, or overcome the security mechanisms of the Service, nor cause injury to the Service’s regular operation, or to disrupt it in any way;

• You may not operate or allow the operation of any computer application or any other means for the purpose of searching, scanning, copying, or automatically retrieving content from the Service. As part of the foregoing, you may not create or use any means as aforesaid for the purpose of creating any collection, repository, or database containing content or information from the Service;

• You may not place links to the Service and the content in any source containing pornographic materials, content inciting racism or wrongful discrimination, or which violates the Law, or which incites illegal activity, or the publication of which is against the Law;

The Company shall bear no liability with respect to any damage caused as a result of any link to the content of the Service, or any presentation or publication of content in any other way. You shall bear full and exclusive liability with respect to any link, presentation, or publication of the content made by you, and undertake to reimburse the Company with respect to any damage caused as a result thereof.

Disclosure of Information and Data to the Service

The use of the Service and the viewing of the content thereof (including the download of the App) do not require registration or the disclosure of identifiable details. 

Information regarding the type of kosher supervision provided to the businesses and products is provided to the Company by the Business Owners. The Company verifies this information upon the Business Owner’s first inquiry by requiring supporting documents to the Company’s satisfaction, in accordance with its exclusive discretion, verifying that the information is indeed provided by the owner of the relevant business. Any Business Owner wishing to purchase paid advertising (which, as aforesaid, does not affect the search results), shall also be requested to provide payment details, and any other information required to purchase the Service’s advertising services. Beyond the Company’s initial review, the Company shall not be liable to any change or inaccuracy in the provision or updating of information about the business, and the Business Owner shall have sole responsibility to maintain accuracy and to update said relevant changes from time to time, if any. As mentioned hereinbelow, upon arriving to the relevant food establishment, the user shall be responsible to verify the existence of the reported kosher supervision.

If you wish to inquire with the Company using our online contact form, made available by the Company to the users, you shall be required to provide us with your name, your email address, and to enter the content of your inquiry in the designated place.

In each of these cases, you must only provide truthful, accurate, and full details. Providing erroneous details may bar you, as well as your business, from the opportunity to use the Service, and prevent any contact with you in case of need. We will explicitly note which fields are mandatory. Without providing the information requested in the mandatory fields, you will not be able to complete the information entry for the Service. The Company maintains the right to take various measures, whether technological or otherwise, to verify and confirm your identity.

Details provided by you shall be maintained in the Company’s database. The Company shall make no use of your details, except in accordance with the Service’s Privacy Policy, comprising an inseparable part of these Terms of Use.

You are aware and you consent that the Service’s management may advertise the name of the business alongside any content you have provided to the Company, and all in accordance with its exclusive discretion.

In the event that you are required to enter a username and password in order to access services requiring registration, and in order to prevent misuse of your account on the Service, you must maintain your username and password as strictly confidential. Please make sure to change the password as frequently as possible, and in any case, at least once every few months. You shall bear full liability with respect to any use made in your account on the Service, including due to any failure to maintain the access details to your account on the Service as confidential.

The Company may ban you from using the Services requiring registration, in accordance with its absolute discretion. Without derogating from the foregoing, the Company may cancel your registration with the Service or ban you from accessing it, inter alia, in each of the following cases -

• If you have provided erroneous or fabricated details while registering with the Service;

• If you have performed any act or omission to cause injury, or which might cause injury, to the Company or any third parties, including other users, or the Company’s suppliers or partners;

• If you have used the Service to perform, or to try and perform any illegal act, or any action which appears to be illegal, or to allow, to ease, to assist, or to encourage any such act;

• If you have violated any of the Terms of Use;

• If you perform any action to prevent others from registering with the Service, or to continue using it in any way;

• If you have disclosed the username and password provided to you, if any, for the use of a third party;

• If you have a financial debt to the Company, and you have not repaid said debt following the deadline for the payment thereof;

• If the Company ceases to be active, or if the Service terminates its activity;

• Pursuant to a court order or any instruction by a competent authority;

• In any other case in which the Company believe that cancellation is justified and complies with acceptable legal standards.

The Company may operate various means to monitor activity in the Service, and in order to locate cases of fraud or misuse of the Service. The Company reserves the right to block or cancel your access to, or registration with, the Service, in accordance with its exclusive discretion, if it believes that your account on the Service was used to perpetrate aforesaid acts.

Prohibition of Fraud in Kashrut Law 5743-1983 (hereinafter: the “Law”)

The Law defines “food establishment” as a place engaged in the public sale of food items, or the serving thereof, for the purpose of dining or drinking in said place, as well as a butcher shop, and with respect to hotels – the parts of the hotel engaged in the preparation or serving of food items for the purpose of dining or drinking in said place. It is hereby clarified that the Service shall only include some food establishments, in accordance with the Company’s discretion, and is not intended to provide information regarding every place legally defined as a food establishment.

The Law defines “food items” as food or drink. 

The Law defines “kosher certificate” as a certificate provided to the owner of a food establishment, for the consumption or manufacture of a food items, in accordance with the provisions of the Law. 

The Law prohibits the owner of a food establishment to present such food establishment as kosher in writing, unless provided with a kosher certificate, as the term is defined by the Law. 

The Law prohibits any manufacturer or marketer of any food item to present such food item as kosher with a marking, or to present it as kosher in advertising, or in any other manner, unless provided with a kosher certificate, as the term is defined by Law. 

The Law prohibits any importer to market an imported food item in Israel while presenting it as kosher in writing, unless said food item has been provided with a kosher certificate, as the term is defined by the provisions of the Law. 

The Law prohibits the presentation of an invalid kosher certificate, as the term is defined by the Law. 

It is noted that as of today, the Law does not permit the presentation of a kosher certificate not provided by the Chief Rabbinate of Israel.

The owners of food establishments, manufacturers, marketers, sellers, or importers of food items shall be referred to hereinafter as “Business Owners.” 

Under this Service, the term “type of kashrut” shall refer to any notice on part of the Business Owner concerning the existence of a kosher certificate pursuant to the Law with respect to said food establishment or food item as aforesaid, detailing the type of kosher supervision and/or the identity of the kosher supervision entity. 

It is noted that the food establishments are requested to provide the Company only with the details concerning the type of kosher supervision. Such data shall be reflected as part of the Service by the Company, and the Service shall not be construed as any direct representation of the food establishments. 

The information provided to the Service’s consumers as part of the Service constitutes a reflection of the type of kashrut in the relevant food establishment, and shall not be construed as any approval of the validity and quality of said kashrut. The Service shall not derogate from the Service consumers’ halachic duty, upon arrival to a food establishment, to verify the existence of a valid certificate as of the date of their visit, and in cases of a certificate detailing the type of kosher supervision or making representations on behalf of the business regarding their keeping of kashrut, to also inspect the nature of such representations. At the end of the day, the decision to consume products from food establishments rests with the Service’s recipient, an individual choice, and the Service shall not be construed to express any position with regards to such, but rather to reflect the types of kashrut provided in various food establishments.

All information provided by the Service with respect to the food establishments’ and the food items’ type of kashrut is under the exclusive responsibility of the Business Owners advertising such information with the help of the Service. 

The information provided in the Service is reviewed for reliability upon its provision to the Company, including verification that the providers of such information are indeed the Business Owners. Such verification shall include a review of documents such as invoices with respect to the kosher certificates, or any other certificate or document indicating that the providers of the information are indeed the relevant Business Owners of said food establishment or food items. 

Upon provision of the information concerning a food establishment’s or food item’s type of kashrut by the Business Owners, said Business Owners shall also provide the effective dates of the kosher certificate provided for the food establishment or food item. The validity and last update of this information shall be presented on the Service near the information. The Company shall make technological effort to remove from the Service out of date or invalid information provided to it by the Business Owners, however it does not undertake to remove information in a timely manner, or to perform a periodical review of the validity of the information provided. The user of the Service must make sure that the information is up to date and valid, in accordance with what is stated on the Service. This Service is intended to assist the consumer, however it is not meant to replace their judgment. 

The Business Owners are obligated to immediately notify the Company of any change in the kashrut status of the food establishment or food items that they advertised on the Service, and if they fail to do so, they shall bear full liability with respect to any result or damage caused by out of date information presented on the Service.

Kashrut of Foreign Food Items

The Service will include information regarding the kashrut of foreign food items. Information regarding foreign food items may only be received with respect to the country where the user is located, according to the information provided by the user, or using the location service of the user’s smartphone. 

With respect to foreign food items sold in Israel, information shall only be provided in accordance with the provisions of the Law with respect to imported food items. 

Foreign food items shall only be defined as kosher if provided with a kosher certificate by a kashrut entity recognized by the Rabbi - the halachic entity responsible for the kashrut of foreign products in the Company. The Company shall bear no liability with respect to the kashrut of foreign products, but rather shall provide information concerning a verified entity inspecting foreign products, as provided by the kashrut entities and/or the products’ manufacturers. 

Erroneous / Incorrect / Out of Date Kashrut Information

In case you’ve found that the Service features erroneous / incorrect / out of date information, please contact the Service as soon as possible, through the designated online inquiry form on the Service, and provide us with details. The Company shall act to the best of its ability to investigate complaints in a swift manner. 

Service for Consideration / Without Consideration

With respect to the owners of food establishments: The use of the Service does not require payment. In addition, downloading the App from the online app store does not require payment. The Company reserves the right to collect payment in consideration of the provision of the Services or the download of the App, or with respect to any other prospective service comprising part of the Service. In this case, the payment details with respect to any Service, as well as the billing method, shall be advertised in advance on the relevant pages of the Service.

The content provided to the Company shall be subject to an initial review by the Company. The act of submitting said content to the Company shall not oblige the Company to publish the submitted content. The Company may, but shall have no obligation to, publish the information provided to it on the Service. It shall do so in accordance with its best professional discretion.

The Company may refuse to publish, or immediately remove, any information published on the App, in accordance with its exclusive discretion, including any time it finds that you have violated the Terms of Use or have committed any act or omission to cause injury or which might cause injury to the services provided in the Service, to its users, the Company or any person on its behalf. In the aforesaid case, the Company shall also be permitted to prevent you from publishing additional data or information on the Service. The provisions of the Terms of Use are in addition to the Company’s rights in accordance with any Law.

If the Company has decided to publish or use the information provided by you, it may edit the data in accordance with its absolute discretion. The Company shall have no obligation to state your name as the source of the content you provided, however it may do so in accordance with its discretion, and you hereby consent to it doing so.

Links - for the User

The Service includes links to various web pages, including links to the food establishments that submitted information or published content on the Service. The links allow you to find content published online. This content is usually not published by the Company or on its behalf, and the Company does not control or supervise it. The fact that the Service contains links to such content does not constitute the Company’s agreement with said content, and does not constitute any guarantee for the reliability, relevance, or the legality thereof, or for the practices of the owners of the content as concerning privacy, or any other aspect related thereto. The Company only reviews the data concerning the type of kosher supervision, in its initial review. You may find that the content is unsuitable to your needs, or that you oppose it, or believe it offensive, inappropriate, or illegal. The Company shall bear no liability with respect to the content of the links, and shall bear no liability with respect to any result caused by the use thereof or reliance thereupon.

The Company does not guarantee that the links featured in the Service work and would lead you to an active website, and it may remove from the Service links which were featured therein in the past, or to avoid the addition of new links, all in accordance with its absolute discretion.

Commercial Content

The Company may also feature in the Service, in accordance with its exclusive discretion, commercial content, such as commercials and advertisements, provided for publication on behalf of various advertisers wishing to offer products or services for sale, including information provided by supporters and sponsors, which may be of a commercial nature.

The Company shall bear no liability with respect to the commercial content advertised on the Service on behalf of third parties. The Company does not write, review, verify, or edit the content of such advertisements or the reliability thereof. The advertisers shall have sole liability with respect to such commercial content, as well as any result caused by the use thereof or reliance thereupon. The advertisement of commercial content on the Service does not constitute any endorsement or encouragement to purchase the services, assets, or products offered for sale therein.

Any transaction made following commercial content advertised on the Service shall be arranged between you and the relevant advertiser. The Company shall not constitute a party to any such transaction and shall bear no liability with respect to such goods and services offered in said commercial content on the Service or purchased through it. Commercial content on the Service shall be marked as paid advertising, and in any case, shall not affect the order of the results presented to the user.

Intellectual Property

All intellectual property rights, including the copyrights of the Website, the App, the Services offered therein, and any content included therein (except content submitted for publication by you and by the other users of the Service) shall be in the sole possession of the Company, or other third parties which permitted the Company to use it. It is prohibited to copy, distribute, display in public, perform in public, broadcast, make publicly available, change, process, create derivative works, sell, or lease any part of the foregoing, whether by you, or through, or together with, any third party, in any way or means, whether electronic, computerized, mechanical, optical, photographic or recordation means, or by any other means or way, without receiving a prior written approval from the Company or the other rights holders, as applicable and subject to the terms of such approval (if any).

The trademarks and advertisements of advertisers on the Service (if any) shall be the sole property of said advertisers. It is also prohibited to make use of them without the advertiser’s advance written approval.

The Company does not claim ownership of the content provided by you for publication on or through the Service. When submitting content for publication on the Service, you approve, by the act of submitting it for publication, that you own all the rights thereto, and that you are permitted to submit it for publication. If you are not the creator or the owner of rights to the content submitted by you for publication, you approve that you have due authorization from the rights’ owner in accordance with the Law, permitting you to submit the content for publication and to provide use rights thereto, as specified hereinabove and hereinbelow. The Company shall bear no liability with respect to any damage caused as a result of the violation of the rights owners’ rights to the content. You shall bear full and exclusive liability with respect to any link, presentation, or publication of content made by you, and undertake to reimburse the Company with respect to any damage caused as a result thereof.

By submitting the content for publication, you grant the Company a free, international license, unlimited in time, to copy, reproduce, distribute, market, make publicly available, broadcast, process, edit, translate, and use such content as aforesaid in any other way, in accordance with its discretion, on the Service or any derivative thereof, on any media whatsoever and/or through any other means, whether electronic or print. As aforesaid, this license is granted to the Company free of any consideration, including reference (credit) if possible, royalties, or any other benefit.

Removal of Content from the Service

The Company makes its best efforts to honor the rights of others, including the intellectual property rights of third parties, as well as the right to goodwill and privacy. If you believe that any content published on the Service causes injury to any rights granted to you, you are invited and requested to notify the Company with regards to such immediately in writing, at the contact details specified in these Terms. Steps taken by the Company, if any, in reliance of any information submitted to it, shall not constitute proof for the violation of any right.

Liability

The use of the Website, the App, and any content or Service included therein shall be at your own exclusive and full responsibility, and the Company (including its employees, managers, and parties acting on its behalf) shall bear no liability with respect to any direct or indirect damage caused to you or any person on your behalf, or any other third party, including any harm, loss, or expense related or arising from the Website, the App, and any content and Service included therein, and all whether directly or indirectly.

The content and Services are provided for use as is, and cannot be made suitable to the needs of each individual. By downloading the App, and by using it, you hereby approve that you have examined the Service and found it suitable to your needs and purposes. You shall have no claim, demand, or suit against the Company with respect to the nature of the content and Services, their capabilities, limitations, the respective enacted rules, and the suitability thereof to you and your needs.

The Company does not guarantee that the Service’s services and content are not interrupted, or that they are provided regularly or without stoppage, safely and free of errors, or are immune to unauthorized access to the Company’s computers, or to any damages, breakage, malfunctions, or failures - and all as concerning the hardware, software, and communication lines and systems of the Company or any of its suppliers. The Company shall bear no liability with respect to any damage caused by the loss of your details, the information in your account, or any error in said details – whether fully or partially, as a result of any failure in your or the Company’s computer systems, or the computer systems of any person on its behalf.

Reimbursement

You hereby undertake to reimburse the Company, its employees, managers, or any person on its behalf with respect to any damage, loss, loss of profit, payment, or expense caused to them - including counsel fees and legal fees - following the violation of these Terms of Use or any of the Terms of Use. In addition, you shall reimburse the Company, its employees, managers, or any person on its behalf with respect to any claim, demand, or suit raised against them by any third party as a result of content you have submitted for publication on the Service, or through the Service, as a result of links you have created, or any other use you have made of the Service.

Changes to the Service and Cessation of Activity

From time to time, the Company may change the structure, look, and design of the Service, the scope and availability of the Services and content therein, and shall be permitted to change any other aspect related to the Service, and all without needing to notify you in advance. Such changes shall be performed, inter alia, considering the dynamic nature of the internet, and the technological and other changes occurring therein. By nature, such changes may involve malfunctions or cause discomfort in the beginning, etc. You shall have no claim, demand, or suit against the Company with respect to the performance of such changes as aforesaid, or any malfunctions taking place during the performance thereof.

Without derogating from the foregoing, the Company shall have the right to cease the provision of Services, fully or in part, temporarily or permanently. In addition, the management of the Service shall be permitted to cease the activity of the Service from time to time for the purpose of maintenance, repair, upgrade and improvement of the Service. The Company shall act to the best of its ability to minimize the duration of the Service’s inactivity. If possible, the Company shall publish a notice on the Service with respect to the cessation of Services a reasonable time in advance. Upon the cessation of Services, the Company shall hold the content included in the Service for an additional reasonable amount of time, following which it shall have the right to erase it without keeping any backup thereof, and without providing further notice.

Amendment of the Terms of Use

From time to time, the Company may amend the provisions of these Terms of Use. If possible, and if any material changes are made to these provisions or the Terms of Use, then a notice shall be published will regards to the changes on the Website’s home page and/or on the App’s interface. The links to the Terms of Use featured on the Service shall always lead to the up to date form of the Terms of Use. Your continued use of the Service following the publication of the updated Terms of Use shall indicate your consent thereto. If you do not consent to the new provisions of the Terms of Use, you must cease all use of the Service.

Governing Law and Jurisdiction

The use of the Website, the App, and the Services shall be governed solely by Israeli Law. The competent Courts of the Jerusalem District, Israel shall have exclusive jurisdiction with respect to any matter arising from the Terms of Use.

Assignment

In the event that the Company transfers its rights and obligations with respect to the Service, or any part thereof, to any third party, then it shall have the right to also assign its rights and obligations, fully or in part, in accordance with the Terms of Use. As the owner of a food establishment or as a user, you shall not have the right to assign any right or obligation pursuant to the Terms of Use, and in addition you may not encumber, endorse, pledge, lend, or grant any rights to any