Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

1. Key Terms

JDira.com provides an online platform that connects people who are looking to let or sublet an apartment to which they have the rights to do so, to rent with guests seeking to rent such accommodations. By using the site, you represent that you have the legal authority to enter into agreement on behalf of the apartment(s) which you are leasing, and that you agreement on JDira.com with another party, once closed, is a legal obligation to carry out the said transaction for the agreed upon time period.

2. Terms of Service

By using the Site, you are agreeing to comply with and be legally bound by the terms and conditions of this site. Please also read carefully our Privacy Policy.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site.

IF YOU CHOOSE TO CREATE A LISTING ON JDIRA, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH JDIRA IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND YOU ARE IN NO WAY AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF JDIRA IN ANY WAY AND FOR ANY REASON WHATSOEVER. BY PLACING A LISTING ON JDIRA, YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF JDIRA, OR ANY OF ITS AFFILIATED ENTITIES. JDIRA DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A USER OF THE JDIRA.COM SITE, YOU HEREBY AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE IN ANY WAY ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF JDIRA.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND FULLY AGREE TO BE BOUND BY THESE TERMS.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

3. Modification

JDIRA reserves the right, at its sole discretion, to modify the JDIRA site, and to modify these Terms, including fee structure, at any time and without prior notice of any kind.

If we modify these terms, we will post the modification on the site and/or via email to our mailing list of members and users. By continuing to access or use the site, you are indicating that you agree to be bound by the modified Terms.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

4. How the Site, Application and Services Work

JDIRA makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and directly contact each other to arrange for bookings of Accommodations directly with each other. JDira is not an owner or operator of properties, nor is it a provider of properties. JDira does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties listed on the site in any way. Instead, we act as an information provider and provide information to enable you to connect directly to people who seek your services or whose services you seek. Unless explicitly specified otherwise JDira responsibilities are limited to facilitating the availability of the site, and nothing more.

JDira also takes no responsibility for missing or incorrect information on the site itself or in any listing, nor does JDIRA in any way represent that the photos shown for a property reflect the actual layout or look of that property, or that information on the site is factually correct.

JDIRA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK. THIS INCLUDES DAMAGE TO ANY RENTAL OR ANY OTHER FORM OF LOSS TO THE UNIT, ITS OCCUPANTS, OR ANY OTHER LOSS OR FRAUD, DIRECTLY OR INDIRECTLY RELATED TO ANY TRANSACTION OR INFORMATION CONNECTED IN ANY WAY TO THE JDIRACOM SITE OR PLATFORM.

You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your JDira Account, whether or not you have authorized such activities or actions. You will immediately notify JDira of any unauthorized use of your JDira Account.

TH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JDIRA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE JDIRA HOST GUARANTEE, IN NO EVENT WILL JDIRA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY JDIRA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS H AVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JDIRA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Indemnification

You agree to release, defend, indemnify, and hold JDira and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation.

6. Dispute Resolution

If you reside in the United States, you and JDira agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, known as a Beth Din, according to Halacha, and Jewish Law.

You acknowledge and agree that you and JDira are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and JDira otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be a Rabbinical Court, known as a Beth Din, of mutual agreement between the parties.

Arbitration Location and Procedure. Unless you and JDira otherwise agree, the arbitration will be conducted in Jerusalem, Israel.

General

The failure of JDira to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JDira. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

7. Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Suspension, Termination and JDira Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your JDira Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your JDira Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your JDira Account, your Member Content, or receive assistance from JDira Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your JDira Account. You may cancel your JDira Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your JDira Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Contacting JDira

If you have any questions about these terms, please contact JDira via the contact us page. ("Contact us")