Introduction
This website is operated by Hopa Digital Ltd., Company no. 516802816 (hereinafter: "Hopa Digital", "we", "us"), whose registered address is 10 Prof. Dan Shechtman St., Hadera, Israel. You may contact us at any time by email at info@hopa.digital. For any complaint or request relating to the website's operation, please reach us at that address.
Hopa Digital enables an ordering and credit-card payment service on the website for your convenience; it is not a credit company, and all that entails.
Use of the Service
Use of the service is permitted to users aged 18 and over who are legally competent to enter into binding legal acts. If you are a minor (under 18) or are not entitled to perform legal acts without a guardian's consent, use of the service is conditional on obtaining such consent. Performing any action on the website constitutes a declaration that you have obtained the required consent. Notwithstanding the above, the purchase of age-restricted products (such as alcoholic beverages and tobacco products) is permitted only to users aged 18 and over, upon presentation of a valid ID.
You undertake and declare that you are aware of and agree that your use of the website and/or the services offered on it is at your sole risk. Access to the website, services, and/or content is provided to you as-is (AS IS) at our discretion and without warranty of any kind. You shall have no claim, suit, or demand against Hopa Digital in connection with these terms of use and/or the website and/or the services, their capabilities, limitations, or suitability for your needs.
Hopa Digital is not responsible in any way for the accuracy, reliability, timeliness, currency, quality, completeness, usefulness, security, or performance of the website, content, and/or services. Any claims in these matters should be directed to the business and/or the credit-card company.
Hopa Digital's Liability
Hopa Digital is not responsible for any image, description, or presentation of a product or service included on the website; these were supplied directly by the business for illustrative purposes only. Discrepancies may exist between the images and the actual products.
Privacy and Accessibility
Hopa Digital is committed to protecting the privacy of users and their data. For detailed information on how your data is collected, used, and protected, please refer to our Privacy Policy. We are also committed to making our services accessible to all users, including people with disabilities. Further details on our accessibility policy and the technological accommodations on the website can be found in our Accessibility Statement.
Limitation of Liability and Indemnification
The service on the website is provided as-is (AS-IS) and to the extent it is available (As Available). Hopa Digital does not warrant that the service will operate without faults, interruptions, or immunity from unlawful access, damage, malfunctions, or failures in hardware, software, or communication lines.
The company and/or anyone acting on its behalf shall not be liable for any direct and/or indirect, consequential, or special damage caused to a user or any third party as a result of use of the service, use of the website, and/or use of any service or product purchased on the website (including food and beverages). This disclaimer of liability includes, but is not limited to, loss of income, loss of profit, distress, bodily injury, or data loss, even if the company could have foreseen the occurrence of the damage.
Without derogating from the foregoing, it is agreed that in any case and under any legal cause of action, Hopa Digital's total cumulative liability towards the user shall not in any case exceed the transaction amount actually paid by the user for the specific service or product that is the subject of the claim.
The user undertakes to indemnify Hopa Digital, its employees, managers, or anyone acting on its behalf, immediately upon their first demand, for any damage, loss, loss of profit, payment, or expense (including attorneys' fees and court costs) incurred by them as a result of the user's breach of these terms of use, improper use of the website, or as a result of any claim or action by a third party arising from the user's actions on the website.
Customer Clubs and Benefits
The website may allow users to join the business's customer club, accumulate points, and redeem benefits ("Loyalty Programme"). It is clarified that Hopa Digital provides only the technological platform for managing the Loyalty Programme, by itself or through a third party. Sole responsibility for defining the benefits, their validity, value, and the possibility of redeeming them rests with the business alone. In the event of the business's closure or the cancellation of the programme by the business, the customer shall have no claim against Hopa Digital regarding any loss of accumulated points or benefits.
Language Translation
The website may offer an automatic translation tool (AI-based) into various languages for the user's convenience. Translation is performed by machine and may contain inaccuracies or errors. The binding text of the menu, prices, and transaction terms is the original-language text as entered by the business, and is that business's sole responsibility. Hopa Digital is not responsible for any damage or misunderstanding arising from reliance on the automatic translation.
Product Information, Ingredients, and Allergens
Information displayed on the website regarding products and services (and in particular food products), including ingredients, nutritional labelling, and allergen information (gluten, nuts, dairy, etc.), is received as-is from the business. Hopa Digital does not inspect the actual products and cannot guarantee that products (including food dishes) are free from allergens, whether or not this has been expressly stated in the description.
Full and exclusive responsibility for verifying ingredients and their suitability for the orderer's dietary restrictions rests with the business and the customer. In the case of a sensitivity or allergy, you must contact the business by telephone before placing an order to verify.
Payment Processing via Hopa Digital
Hopa Digital displays prices for various products and/or services as received from the business. Hopa Digital does not warrant the currency of the prices displayed on the website, nor that they will necessarily reflect the price at which the product is actually sold by the business. All prices on the website include VAT (subject to any changes in such taxes), as well as any charge you are required to pay to the business.
Hopa Digital shall not be responsible for errors, discrepancies, and/or inaccuracies between the prices displayed on the website and the prices presented by the business, and shall not be liable for any damage and/or financial loss caused to you or any third party as a result of reliance on the displayed prices.
Invoices and Accounting Documents
Hopa Digital acts as a technological intermediary for processing the order. The tax invoice/receipt for the transaction will be issued by the business (the seller) or by Hopa Digital on behalf of and for the business (using digital document-issuance systems). In any case, legal and tax responsibility for the transaction rests solely with the business. In the case of payment at the counter ("Pay at Counter"), the accounting document will be issued and delivered by and at the responsibility of the business at the time of actual payment.
Delivery and Service Policy
The products and services sold on the website are supplied by the business in accordance with their nature. Delivery of products will be carried out in accordance with the customer's selection at the time of ordering (for example: delivery, self-collection, or receiving the service at the business) and subject to the delivery times and policy defined by the business.
Delivery times shown on the website are estimates only and depend on the business and third-party suppliers. In the case of self-collection or service redemption, it is the customer's responsibility to arrive at the business at the appropriate time or after receiving notification that the order is ready.
Product and Service Liability
Sole responsibility for the quality of the products and services, their standard, conformity, and correspondence to the description on the website rests with the business alone. Hopa Digital acts as a technological platform connecting the customer with the business and is not a party to the manufacture, supply, or actual provision of the service. In any case of a defect, non-conformity, or complaint regarding a purchased product or service, please contact the business from which the order was placed directly.
Clerical Errors
In cases where a clear error has occurred in a product's description or price (a manifest clerical error), the business and/or Hopa Digital reserves the right to cancel the order even after it has been confirmed. In such a case, the customer will be refunded the full amount paid and will have no further claim.
External Links
The website may contain links to external websites or third-party advertisements. Hopa Digital is not responsible for the content, reliability, or integrity of those websites. Use of such links is at the user's sole risk.
Decision-Making
It is your sole discretion whether to pay via Hopa Digital or directly to the business. If you choose to pay via the Hopa Digital website, the payment method you use (credit card, digital wallet, meal voucher card such as Cibus/Ten Bis, etc.) will be charged upon completion of the order. Payment via external services (such as Bit, Apple Pay, Cibus) is also subject to the terms of use of those external services.
Hopa Digital is not responsible for payments that are declined and/or processed incorrectly for any reason. Hopa acts in accordance with the relevant business's requirements and any minimum or maximum order threshold it sets, as well as any other restriction on its behalf.
Business Rights
Hopa Digital clarifies that the business reserves the right to suspend ordering through the website at any time at its sole discretion. This may occur, including but not limited to, in cases of prior order overload, situations where products are out of stock, or any other reason the business sees fit to temporarily suspend orders. We recommend our customers to confirm receipt of their order after completing the process on the website, and to be aware of the possibility of last-minute changes or cancellations by the business.
Service Limitations
Hopa Digital and its partner businesses are committed to maximising user convenience and the service experience. Nevertheless, there may be instances where a business decides to limit or close the ability to place orders through the website, at its discretion, including but not limited to, situations of order overload or stock shortage. In such cases, we will endeavour to notify users of these changes as soon as possible. We recommend users to check service availability before completing an order.
Sale of Alcohol
The interface Hopa provides may allow the purchase of alcoholic beverages from various restaurants. Placing an order for alcoholic beverages through the website constitutes a declaration by the user that they are aged 18 or over. Hopa Digital does not verify users' ages and is not responsible for age verification. In addition, the restaurants supplying the order are entitled to require proof of age upon delivery and to refuse to supply an alcoholic beverage if the orderer does not provide appropriate proof of age.
Reservation of Rights
Without derogating from any of the foregoing, Hopa Digital reserves the right to prevent you from placing an order, at any time and at its sole discretion, before or after placing the order, if it was made by you in an unlawful manner and/or in breach of law and/or the transaction was not completed, including but not limited to the following cases:
- The credit-card company did not approve the charge for the order and/or the credit card used was blocked or restricted for use in any way.
- You provided incorrect details that did not allow the order to be processed.
- You unlawfully refused to pay for the order.
- You have made or are attempting to make use of the services to carry out an unlawful act.
- You have carried out an act or omission that harms or may harm Hopa Digital, the business, or third parties.
- You have breached these terms of use or any other agreement with Hopa Digital and/or the business.
- It transpires that a clerical error or technical error occurred in the presentation of the product details, its price, payment terms, etc.
- It transpires that a communication failure and/or other technical problem occurred that prevented you from placing an order in the normal manner.
- In the event of force majeure, acts of war, hostility, or terrorism, or other events beyond the control of Hopa Digital and/or the business.
Intellectual Property
All intellectual property rights in the website, including the computer code, graphic design, databases, trade marks (whether registered or not), domain names, and all other content related to the website's operation, are the exclusive property of Hopa Digital (or of third parties who have permitted the company to use them). No information from the website may be copied, reproduced, distributed, sold, marketed, or translated - including trade marks, images, and texts - without obtaining the company's prior written consent.
User-Generated Content (UGC)
The website may allow users to upload content, including reviews, images, ratings, and comments. By uploading content, the user declares that they are the sole owner of the rights to it, and that the content does not breach any law. The user grants Hopa Digital an irrevocable, worldwide, royalty-free licence to make any use of the content, including for marketing purposes. Hopa Digital may remove content at any time at its discretion.
Prohibition on Data Harvesting (Scraping)
It is strictly prohibited to operate computer applications (such as Crawlers, Robots, AI Bots) for the purpose of scanning, copying, or automatically retrieving content from the website, or for creating a competing database. Breach of this clause will expose the offender to claims for infringement of intellectual property and trade secrets.
Order Cancellation
Once an order has been placed with the business through the Hopa Digital website, it cannot be cancelled except subject to the business's policy and by contacting the business directly, and subject to and in accordance with the Consumer Protection Regulations (Transaction Cancellation) 5771-2010 and the Consumer Protection Law 5741-1981. A credit for an order placed through the Hopa Digital website may be requested directly from the business, and it is the sole discretion of the business whether to permit such a credit.
Governing Law and Jurisdiction
These terms and the use of the website are governed exclusively by the laws of the State of Israel. Any dispute that arises between the parties, including a dispute in connection with the use of the website and/or these terms of use, shall be subject to the exclusive jurisdiction of the competent courts in the Tel Aviv-Jaffa district.
