Effective Date: June 26, 2024

Welcome to Selah! We are so grateful you have joined our community. For everyone to enjoy the community, we require all of our users to comply with our terms and conditions. 

These Terms of Service (the “Terms”) apply to your access to and use of Selah’s Service (as defined below). Please read them carefully. We have included annotations in italics for each section to help guide you as you read the Terms. These annotations are not complete summaries, so please read everything.

1. Your Acceptance of These Terms

This section describes how these Terms form a binding contract between you and us. If you use the service on behalf of a legal entity, the legal entity also agrees to these Terms.

These Terms are a legally binding contract (“Agreement”) between you and Selah. When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. When we say “Selah,” “we,” “our,” or “us,” we mean © 2024, Selah.

By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement. If you access and/or use the Service on behalf of a legal entity, then you represent that you have authority to bind that legal entity to this Agreement and that the legal entity accepts this Agreement. 

This Agreement applies to the Selah platform and all related content, tools, features, and services, including the Selah website located at https://shop-selah.com (collectively, the “Service”). The Service provides an online social marketplace where users of the Service (“Users”) can list and sell items (“Items”). When Users purchase Items, they are “Renters,” and when Users sell Items, they are “Sellers.” Users may, at different times, be both Renters and Sellers on the Service. By using the Service, Renters and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Selah is not a party to such sale or purchase. 

Please read this Agreement carefully as it, to the extent legally allowable under Israeli law, requires you and Selah to resolve most disputes solely through arbitration on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. Selah will not be liable for any loss or damage arising from your failure to comply with the Agreement.

2. Eligibility and Your Selah Account 

This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.

a. Provide Accurate Information

You need to create an account with Selah to access and/or use certain features of the Service (“Account”). If you are creating an Account for a legal entity, then you represent and warrant that you have the authority to create such an Account on behalf of the business entity. You must provide accurate information about your identity and must not provide any false information or impersonate another person or company through your Account. Selah reserves the right to verify the account information you provide (“Account Information”). Upon Selah’s request, you will promptly provide requested verification documentation, including identification documents, proof of address, or business information. The name on your Account will be considered the Account owner. If you do not provide the information requested or if you provide inaccurate information, Selah may, in its sole discretion, terminate your Account.

b. Protect Your Password

You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security. 

c. Your Responsibility for Your Account

You are solely responsible for any activity on your Account.

d. Account Transfers

You cannot transfer or assign your Account to a third party without prior written consent from Selah. Selah may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account under any circumstances.

3. Your Privacy

For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy. 

4. Your Use of the Service

You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account or other legal or investigatory action.

a. Your Use of the Service and Interactions with Other Users

By using the Service, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service and in person. 

b. Follow the Agreement and the Law

In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:

• Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior.
• violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Selah in its sole discretion, that may be applicable to your use of the Service;
• create any derivative works of, modify, or reverse engineer any part of the Service;
• interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;
• promote any illegal activity or enterprise;
• stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;
• copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;
• sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;
• pose a privacy or security risk to the Service or any User;
• infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;
• spam any Users with email, junk mail, fraud, schemes, or the like;
• collect or harvest any information or data from Selah’s systems or attempt to decipher any transmission to or from the servers running the Service;
• use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users;
• use the Service in any way that is contrary to Selah’s public image, goodwill, or reputation;
• express or imply that any of your statements, activities, or causes are endorsed by Selah, without Selah’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Selah’s prior written consent in each instance;
• create multiple account to evade punishment or avoid restrictions;
• transmit or upload viruses, worms, or otherwise interfere with the Service; and/or
• take any action or inaction which Selah, in its sole judgment, believes is questionable or could cause harm or liability.

Selah may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this Section 4 is solely at Selah’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

c. Share Your Thoughts and Ideas

We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to Selah will not be confidential or proprietary, and Selah shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. Your Use of Mobile Devices and Other Third-Party Software

You can access the Service through a mobile device, but you will be responsible for any associated fees from your wireless provider. If you use any third-party software, including Apple software, in connection with the Service, then you must comply with such third party’s terms and conditions.

a. Your Responsibility for Mobile Fees and Costs

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions.

6. Your Content

You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes.

a. Your Content is Your Responsibility

You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in Selah’s sole discretion. Selah has no control over or liability for how other Users may use your User Content.

b. You License Your Content to Us

By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Selah and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Selah, your User Content in connection with (i) the operation of the Service or any other products or services of Selah or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.

c. Your Content Must Not Infringe Intellectual Property Rights

You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Selah will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.

You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Selah Parties (as defined in Section 11) with respect to such User Content.

d. Your Content Is Public

You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Selah will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.

7. Our Intellectual Property Rights

We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo.

Selah retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the Selah name, logos, product or service names, slogans, trade dress, and any other Selah trademarks or service marks (“Selah Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by Selah or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Selah retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Selah Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Selah. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.

8. Third-Party Services and Content

You may access or use services or content provided by third parties when using our Service. Selah is not responsible for such third party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.

a. Your Access to Services of Third Parties

The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Selah platform (“Third Party Services”).Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. Selah does not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the Selah Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. Selah may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

b. Third Party and User Content

The Service contains images, descriptions and other Content posted by third parties including Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

Selah will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that Selah has no obligation to review, screen, or inspect any Third Party Content on the Service. However, Selah reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.

10. Your Purchases and Sales 

Renting and selling Items through the Service include risk, fees, and taxes. Selah prohibits certain items from being sold and only allows returns in limited circumstances.

a. Your Risk 

You assume certain risks in using a marketplace service such as Selah. Selah is not a participant in and provides no warranty for any transaction between a Renter and a Seller, and Selah does not take title of any Items. You acknowledge and agree that Selah will not be considered a renter or seller in any transaction conducted through the Service and that Selah is not an auctioneer, consignee, or a shipping carrier. When acting as a Renter or Seller, you assume all of the risks of renting or purchasing Items through the Service.

b. Sellers 

As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely.

c. Renters

Communication and Safety

Selah is an online marketplace platform that facilitates the rental of dresses between renters and sellers. While we provide a platform for these transactions, Selah is not responsible for any communication that takes place between renters and sellers. It is the responsibility of the parties involved to ensure clear and effective communication regarding the rental terms, condition of the items, and any other relevant details.

Additionally, Selah does not assume any responsibility for the safety or conduct of users during in-person meet-ups or transactions. Users are encouraged to take necessary precautions to ensure their own safety when arranging to meet in person. We recommend meeting in public, well-lit places and considering bringing a friend along. Any disputes or issues arising from in-person meetings are solely between the renter and the seller.

By using Selah, you agree that Selah is not liable for any damages, losses, or harm resulting from communication or in-person interactions between users of the platform.

d. Fees

As a new Seller on Selah, you are entitled to a complimentary 3-month trial period from the date you join. During this period, you can list your dresses for rent/sale without any charges. After the initial 3 months, to maintain your dress listing on our platform, you are required to pay an annual fee of 30 NIS. Each additional dress listed will incur an additional fee of 10 NIS.

Payments can be made via BIT, Paybox, or Bank Transfer. It is essential to make these payments promptly to avoid disruptions in your listings. If the required fees are not paid at the end of the trial period, Selah reserves the right to remove your listings from the platform. Please note that all fees are non-refundable.

e. Purchases

Selah is not involved in determining or managing the prices of the dresses listed on our platform. The seller sets the rental price for each dress, and it is solely between the seller and the renter to agree upon and handle these transactions. All payments for dress rentals are to be made directly between the seller and the renter, without any involvement from Selah.

Selah does not process, facilitate, or interfere with any financial transactions related to dress rentals. It is the responsibility of the seller and renter to ensure that payment arrangements are clear and mutually agreed upon. Any disputes or issues regarding payments are to be resolved directly between the parties involved.

11. Liability for Dress Damages or Loss

Selah is an online platform that facilitates the rental of dresses between renters and sellers. However, we do not assume any responsibility or liability for any damages, loss, or theft of dresses that occur during the rental period. 

It is the responsibility of the renter to handle the dress with care and return it in the same condition as received. Similarly, it is the responsibility of the seller to ensure that the dress is in good condition before renting it out. Any disputes or issues regarding damages, loss, or theft of the dress must be resolved directly between the renter and the seller.

By using Selah, you agree that Selah is not liable for any damages, losses, or harm related to the rental of dresses. We strongly recommend that both renters and sellers communicate clearly and consider additional protections, such as insurance, if deemed necessary.

12. Disputes with Other Users

You will be responsible for your interactions with other Users, and you release Selah from any liability or responsibility arising out of disputes with other Users.

We encourage Users to resolve disputes with one another amicably. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. Selah has no obligation to resolve disputes between Users, but Selah reserves the right to attempt to help Users resolve disputes. You release Selah from any claims, demands, and damages arising out of any disputes with other Users.

13. Suspending, Terminating, or Modifying your Access 

You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our discretion, including if we suspect you are engaging in fraud, abuse, or illegal activity.

a. Termination of Your Account

You may request to terminate your Account and remove your listings at any time, and we will process your request accordingly. However, please note that once you have paid the listing fee after your free trial ends, this fee is non-refundable. Even if you choose to terminate your Account or remove your listings, you will not be eligible for any refund of the fees paid.

By using Selah and agreeing to these terms, you acknowledge and accept that all fees paid are final and non-refundable.

b. Suspension or Termination of your Account by Us

We may suspend or terminate your Account at our discretion without explanation, notice, and liability to Selah, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

c. Suspension, Termination, or Modification of the Service

Selah may suspend, terminate, or modify the Service with or without notice and for any reason, including but not limited to the following:

1. If you have not paid the listing fee once your free trial ends.

2. To hold funds, pending any investigations or other activity necessary to deter fraud.

3. To address potential illegal activity.

4. To otherwise comply with applicable laws and regulations.

d. Effect of Suspension or Termination

The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Selah are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account.

Selah will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service. 

14. Changes to This Agreement

We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing any updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service.

We may update this Agreement, and all related Policies, from time to time by posting updated Terms on the Service. When we make changes to the Terms, we will update the above “Last Updated” date. We may provide you additional notice of the changes through the Service or through email. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If you do not agree to abide by these or any updated Terms, you must not use or access the Service.

15. Miscellaneous

This section describes certain other rights and responsibilities you have under this Agreement.

a. Electronic Communication and Documentation

When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.

b. Headings and Interpretation 

The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.

16. Our Notices to You and Contact Information 

This section describes how and where Selah and you may contact each other.

If you have any questions about these Terms or would like to report a violation of these Terms, please contact us at speaktoselah@gmail.com