These General Terms and Conditions (the “T&C”) govern all use of the N.G.K. Distillery website at https://ngk-distillery.com (the “Site”), owned and operated by  N.G.K. Distillery Ltd. (the “Distillery”), and  the services offered by the Distillery through the Site (the “Services”), including the  booking of guided tours, expanded tours, workshops, online workshops, private events  and courses in the Distillery’s visitors’ center (collectively, the “Tours” and the  “Visitors Center”, as applicable) and the sale of alcoholic beverages as provided  hereunder (the “Beverages”, and together with the Tours, the “Products”). In these  Terms, “you” or “your” means the person accepting these T&C and/or using the Site  and receiving the Services and/or any person or other entity on whose behalf such  person is acting and/or anyone on its behalf, and “we,” “us,” or “our,” means the  Distillery.  

Access to the Site, use of the Services, and purchase of the Products is subject to these  T&C, and also to the Distillery’s privacy policy. 

Please review carefully and make sure you understand these T&C before using the Site,  as they contain important information regarding legal rights, remedies and obligations.  By browsing, using the Site or ordering the Service, you acknowledge and confirm, that  you read, understood and agree to be bound by all of these T&C, and you represent that  you have the authority to bind any person or other entity on whose behalf you are acting  in connection with the Service to these T&C. These T&C applies to all visitors, users,  and others who access the Service (“Users”).  

We reserve the right, in our sole discretion and without notice to you, to revise these  T&C and we will not be liable to you or to any third party for doing so. We may also  impose rules for, and limits on, the use of the Site or restrict your access to part, or all,  of the Site without notice or penalty. Your continued use of the Site will constitute your  acceptance of any such changes.  

 

1. SCOPE OF SERVICE 

The Distillery maintains the Site as a service to its customers who wish to purchase  the Products, subject to these T&C. You are responsible for obtaining any  equipment and internet service necessary to access the Site and for paying any fees  for the equipment and service you select. We may alter, suspend, or discontinue  the Site or the Services in whole or in part, at any time and for any reason, without  notice. The Site may also periodically become unavailable due to maintenance or  malfunction of computer equipment or for other reasons.

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2. ALCOHOLIC BEVERAGES  

The Distillery engages in the production of alcoholic beverages, including the  Beverages. The Distillery offers the Beverages for sale on its website, and alcoholic  beverages (including the Beverages) are served during the Tours.  

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WARNING: It is recommended to avoid excessive drinking. Excessive  consumption of alcohol is life-threatening and harmful to health! 

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Excessive drinking of alcohol impairs your driving ability and endangers your  personal safety and the safety of those around you. The Ministry of Health  recommends that pregnant women refrain from drinking alcohol, which can harm  the fetus’s health and cause it to malformation. 

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By using the Site, or participating in any Tour, you represent and certify that you  are 18 years old or older. If you are not 18 years old or older, please refrain from  using the Site or visiting the Visitors Center. The sale of alcoholic beverages to  minors under 18 years of age is prohibited by law and constitutes a criminal  offense. 

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3. USE OF THE SERVICE 

You may use the Site only for your own noncommercial personal use and in  compliance with these T&C. You are responsible for your own communications,  including the transmission, uploading or posting of information to the Site and are  responsible for the consequences of such communications. Any other use of the  Site or Services requires the prior written consent of the Distillery.  

Without derogating from the above, you hereby agree not to use the Site for any of  the following purposes: 

• Communicating or transmitting any material that infringes on any  intellectual property, publicity or privacy right of another person or entity; 

• Communicating any information which is untrue, inaccurate or not your  own; 

• Engaging in conduct that would constitute a criminal offense or give rise to  civil liability or otherwise violate any law or regulation; or 

• Attempting to interfere in any way with the Site or attempting to use the  Site to gain unauthorized access to any other computer system.

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You may not use robots, data mining techniques or other automated devices or  programs to catalog, download or otherwise reproduce, store or distribute content  available on the Site. Further, you may not use any such automated means to  manipulate the Site, such as automating what are otherwise manual or one-off  procedures. You may not take any action to interfere with, or disrupt, the Site or  any other user’s use of the Site, including, without limitation, via means of  overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing  security or user authentication measures or attempting to exceed the limited  authorization and access granted to you under these T&C. You may not frame  portions of the Site within another web site. 

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4. SITE CONTENT  

Users have a personal, non-transferable, non-exclusive right to access and use the  Content of the Site subject to these T&C. The term “Content” means all  information, text, images, or other material accessible through the

 

Site whether  created by us or provided by another person for display on the Site. 

The Content may contain typographical errors, other inadvertent errors or  inaccuracies. We reserve the right to make changes to the Content, including with  respect to descriptions or specifications of the Products, or other information  without obligation to issue any notice of such changes. 

 

You may view, copy, download, and print Content that is available on the Site or  through the Services, subject to the following conditions : 

• The Content may be used solely for internal informational purposes. No  part of the Site or its Content may be reproduced or transmitted in any form,  by any means, electronic or mechanical, including photocopying and  recording for any other purpose . 

• The Content may not be modified. 

• Copyright, trademark, and other proprietary notices may not be removed . 

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For the avoidance of doubt, save as specifically permitted hereunder, you may not  copy, modify or distribute the Contents without the prior written consent of the  Distillery. You may not modify, publish, transmit, participate in the transfer of,  sell, create derivative works from, or in any way exploit any of the Content, in  whole or in part. 

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Nothing contained on this Website should be construed as granting, by implication,  estoppel, or otherwise, any license or right to use the Site or any Content displayed on the Site, through the use of framing or otherwise, except: (a) as expressly  permitted by these T&C; or (b) with our prior written permission or the permission  of such third party that may own the trademark or copyright of material displayed  on this Website. 

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5. FRAUD PROTECTION 

As part of our order processing procedures, we may screen received orders for  fraud or other types of unauthorized or illegal activity. We reserve the right to  refuse to process a booking or an order due to suspected fraud or unauthorized or  illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may  reject your order or we may contact you at the phone number or email address you  provided to confirm your order or booking. We also reserve the right to cancel  order or booking or refuse to ship to certain addresses due to suspected fraud or  unauthorized or illegal activity. We take these measures to protect our customers  as well as ourselves from fraud or other unauthorized or illegal activity. 

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6. TRANSACTIONS 

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6.1. METHODS AND CONDITIONS OF PAYMENT 

If you wish to purchase any Product made available through the Site (a  “Transaction“), you may be asked to supply certain information relevant to  your Transaction including, without limitation, your credit card number, the  expiration date of your credit card, your billing address, and your shipping  information, as applicable. All information that you provide us, including your  credit card information, is subject to our privacy policy.  

 

We accept the following credit cards at this time: MasterCard, Visa, Isracard, Diners and American Express. 

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By entering into a Transaction, you represent and warrant that you have the  legal right to use any credit card(s) utilized in connection with any transaction.  By submitting such information, you grant to the Distillery the right to provide  such information to third parties for purposes of facilitating the completion of  Transactions initiated by you or on your behalf. Verification of information  may be required prior to the acknowledgment or completion of any  Transaction. 

 

Upon the completion of a Transaction, we shall send an order confirmation,  summarizing the terms of the Transaction and your account will be charged  the cost of the Products purchased (an “Order Confirmation”). 

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6.2. DISTORTED ORDER 

In order for us to provide you with the Services, your order must be submitted and received in a proper and orderly manner, containing all the details required  to contact you and, if applicable, to ship the Products. The Distillery shall not provide with the Services you ordered if the order was not received in its  system, or if it was recorded incorrectly, even if the source of the problem is  the computers of the Distillery. If you do not receive an Order Confirmation from the Distillery within a reasonable time from the date of placing the order,  it is likely that the order has been malfunctioned. In this case it is  recommended that you contact the Distillery, through the contact details  specified herein below. We will try to clarify as much as possible the source  of the problem and assist you in placing the order. 

 

If at the time of order you provide incorrect details, we cannot guarantee that  the Products will be delivered to you. In the event that the Products returned to us due to erroneous details that you provided, you will be charged for  shipping and handling fees. Please make sure you fill out accurate and up to  date information. 

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6.3. PRICES 

All Services prices which appear on the Site are denominated in New Israeli  Shekels. The prices include VAT, if applicable according to law, however it  does not include shipping fees (which, if applicable, shall be specified at the  time of order). 

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The Distillery may update the prices of the Products from time to time and  without prior notice. The valid price relative to your order is the price that was  published when you completed the order process and received an Order  Confirmation.  

 

Note: the Distillery may, at its sole discretion, offer discounts, special prices  or other benefit to customers making reservations for Products in different  marketing platforms. In any such event, the prices applicable for a reservation  made through the Site are the prices detailed therein, and the Distillery does  not guarantee that the prices of the Products on the Site will necessarily be the  cheapest, or that the terms of payment will be the most convenient. 

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6.4. PROMOTIONS, COUPONS AND DISCOUNTS 

The Distillery may offer promotions, coupons and discounts (each, a  “Benefit“) of various types (according to the terms of each Benefit as  

advertised on the Site or, in respect to coupons, on the coupon itself). Subject  to the provisions of the applicable law, the Distillery may at any time  discontinue the use, replace or modify any Benefit, without prior notice.  

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Any change in the details or price of your order, whatever its cause, will result  in a re-examination of your entitlement to the Benefit. 

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The Distillery shall try to notify you by telephone or email and receive your  instructions in the event that your entitlement to the Benefit shall be revoked  or changed due to a change in the details of your reservation . 

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6.5. SHIPPING / SELF PICKING  

In the event that you have purchased Beverages, the Beverages will be  delivered to you, subject to the terms and conditions set forth herein. We  currently ship only in Israel. 

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Additional shipping fees may apply in the event of purchase of Beverages. The  shipping charge shall be displayed at the end of the order process. Full rates of  shipping charges (excluding, customs, import or export taxes, which, if  applicable, shall be paid by you) are calculated on the Site. 

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The Distillery may offer from time to time, in its sole discretion, the option for  you to pick up the Beverages you ordered from us. The Distillery shall publish  the location and times for pick-up of the Beverages. Note that in this case, we  will keep the product for you for up to 30 Days. 

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The Distillery may change the handling and shipping fees from time to time.  The valid payment for your order is the price that was published when you  completed the order process. 

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7. CANCELLATION POLICY 

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7.1. CANCELATION OF A TOUR RESERVATION 

7.1.1. Cancellation by the Customer  

These terms hereunder apply to the cancellation and/or reduction of the  number of participants in a Tour reservation made either by email, phone or  through the Site:  

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7.1.1.1. Canceling participation in a guided tour: Cancellation of  participation in a guided tour within 48 (forty-eight) hours or more  prior to the scheduled date of the guided tour will entitle you to a full refund. In the event that you cancel your participation in a guided tour  less than 48 (forty-eight) hours prior to the scheduled date of the guided  tour, you will not be entitled to any refund. 

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7.1.1.2. Canceling participation in workshops and extended guided tours:  Cancellation of participation in a workshop and/or an extended guided  tour within 72 (seventy-two) hours or more prior to the scheduled time  set for their beginning will entitle you to a full refund. In the event that  you shall cancel your participation in an extended guided tour and/or  workshop less than 72 (seventy-two) hours prior to the time set for their  beginning, you will not be entitled to any refund. 

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7.1.1.3. Canceling participation in online workshops: Cancellation of  participation in an online workshop prior to receiving the product kit  for the workshop will entitle you to a full refund. In the event that you  cancel your participation in the workshop after receiving the product  kit for the workshop, more than 7 (seven) days prior to the date of the  workshop, you will be entitled to a refund for the cost of participating  in the workshop and for the cost of Beverages included in the  workshop’s product kit, at a set value as determined by the Distillery,  subject to the return of the Beverages in accordance with the return  conditions listed below. In the event that you cancel your participation  in the workshop after receiving the product kit for the workshop within  less than 7 (seven) days prior to the workshop, you will be entitled to  a refund for the cost of the Beverages included in the product kit for  the workshop, at a set value as determined by the Distillery, subject to  the return of the Beverages in accordance with the return conditions  listed below. 

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7.1.1.4. Canceling private events: Cancellation of a private event 7 (seven)  days or more prior to the day of such event will not incur any charges.  Cancellation of an event between 7 (seven) days and 48 (forty-eight)  hours prior to the date set for the event will result in a charge equal to  35% of the event cost, as agreed between the parties. Cancellation of  an event less than 48 (forty-eight) hours prior to the date set for the  event will result in a charge equal to 100% of the event cost, as agreed  between the parties. 

When calculating the cancellation times as set forth herein, days of rest shall  be disregarded.

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7.1.2. Notice of Cancellation 

In the event of cancellation, notice to such effect must be delivered to the  Distillery, which shall include details of both the reservation and the  customer (viz., name and ID number). Notice of cancellation may be given through the contact details as set forth below. Please contact the Distillery  by phone to receive a refund in connection with cancellation. 

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7.1.3. Cancellation by the Distillery 

In the event of cancellation of a tour, an extended tour or a workshop, as  applicable, by the Distillery, a cash refund equal to the consideration paid  for your participation in any such event will be credited to your account. In  the event of cancellation of an online workshop by the Distillery, before  receiving the product kit for the workshop, a cash refund equal to the  consideration paid for your participation in such workshop will be credited  to your account. 

In the event of cancellation of an online workshop by the Distillery, after  receiving the workshop’s product kit, the Distillery may offer an alternative  date for your participation in the workshop. If the Distillery has offered an  alternative date for the workshop and you have chosen not to attend the  workshop on the alternate date, you will receive a refund for the cost of your  participation in the workshop and for the cost of the Beverages included in  the workshop’s product kit, at a set value as determined by the Distillery,  subject to the return of the Beverages in accordance with the return  conditions listed below. 

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7.2. CANCELLATION OR RETURN OF A BEVERAGE ORDER 

Subject to the above and below, you may cancel a transaction to purchase  Beverage, or return Beverage purchased from the Site. 

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7.2.1. Cancellation prior to receipt of a Beverage ordered 

You may cancel a transaction to purchase Beverages at any time prior to the  receipt of the Beverages ordered, by sending notice of cancellation. Notice  of Cancellation may be given through the contact details set forth herein  below. 

Following the receipt of a cancelation notice, you shall be credited with the  price you paid for it. The Distillery may charge you a cancellation fee of 5%  of the price, or 100 NIS, whichever is lower. Please note that even if you  cancel an order before the product was received at the recipient’s address,  the Distillery may charge you the payment of such cancellation fees. 

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7.2.2. Return of a Beverage purchased

You may return a Beverage purchased up to 14 days from receipt at the  recipient’s address, provided that the Beverage was not opened and it is  being returned to the Distillery in its original package. You must return the  Beverage to the Distillery at the Visitors Center at your own expense,  together with the invoice issued in connection with the purchase of the  Beverage, or a copy of the Order Confirmation sent to you by e-mail.  Following the receipt of the returned Beverage, you shall be credited with  the price you paid for it. The Distillery may charge you a cancellation fee of  5% of the price, or 100 NIS, whichever is lower. 

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7.2.3. Return of a Defected Beverage  

The Distillery is dedicated to genuine artisanal manufacture and committed  to maintaining the highest standards. The ingredients, equipment, barrels  and production process are all carefully managed to ensure a true top-shelf,  world-class product. However, to the extent that there is certain defect in a  Beverage you have purchased, or that you find a discrepancy vis a vis its  description, please contact us through the contact details set forth herein  below. 

No monetary credit will be given for Products for which consideration has not  been paid. The provisions of the Consumer Protection Law, 5741-1981, with  regard to the cancellation of a remote sale transaction, the return of Beverages  and the cancellation of services ordered, the cancellation of the transaction and  the return of Beverages shall apply to any order placed through the Site. 

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8. PRODUCT INFORMATION; LIMITATION ON QUANTITIES 

The Distillery strives to ensure that the information on the Site is complete and  reliable. Certain information may contain pricing errors, typographical errors and  other errors or inaccuracies, which we may correct without liability. We also  reserve the right to limit quantities purchased by you and to revise, suspend, or  terminate special offers or promotions at any time without notice (including after  an order has been submitted or acknowledged). We do not guarantee that all  Products which appear on our Site will be available at all time, or that all Beverages  will be delivered to any location.  

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9. VISIT AT THE VISITORS CENTER 

The Visitors Center contains heavy, sharp, hot and/or cold objects, and it is also  possible that the floor might be slippery in certain areas of the Visitors Center.

In addition, expensive equipment is stored in the Visitors Center, to which wrong use  might cause major damages. Therefore, for safety reasons, while visiting at the  Visitors Center, you must always follow all instructions made by your guide or by  caution signs, stay only at the visiting areas and not touch any objects, unless you  were expressly allowed to do so. To the extent that any participants in a reserved  Tour suffers from any disability/ food allergy, please mention while placing the  order, and one of our representatives will contact you to ensure that the Tour/ visit  in the Visitor Center is suitable for you.  

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10. PRIVACY 

By using the Site, you agree to the information collection, use and disclosure  practices described in our privacy policy, and as may be amended from time to time  in accordance with Section 15 below.  

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11. PROPRIETARY RIGHTS 

You acknowledge and agree that all Content available on the Site is the property  of Distillery and are protected by copyright, trademark and/or other proprietary  rights and laws. Product names are trademarks or registered trademarks of the  Distillery. You agree not to sell, license, rent, distribute, copy, reproduce, transmit,  publicly display, publicly perform, publish, adapt, edit, modify or create derivative  works from any content or materials on the Site.

Except as expressly set forth in  these T&C, no license is granted to you and no rights are conveyed by virtue  of accessing or using the Site. All rights not granted under these T&C are  reserved by the Distillery. 

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12. DISCLAIMER OF WARRANTIES 

NO WARRANTY, EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO  THE SERVICE, INCLUDING WITHOUT LIMITATION, FITNESS FOR ANY  PARTICULAR PURPOSE OR ANY NON-INFRINGEMENT OF THIRD  PARTY RIGHTS. THE SERVICE IS PROVIDED “AS IS” AND NO  WARRANTIES ARE MADE THAT USE OF THE SERVICE WILL BE ERROR  FREE OR UNINTERRUPTED, OR THAT ANY ERRORS IN THE SERVICE  WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR  REQUIREMENTS. 

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13. LIMITATION OF LIABILITY 

UNLESS OTHERWISE PROVIDED BY CONSUMER PROTECTION LAW,  5741-1981, IN NO EVENT SHALL THE DISTILLERY, ITS PARENT  COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR  RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,  SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD  PARTIES PROVIDING INFORMATION ON THE SITE AND/OR OR  ANYONE ON ITS BEHALF, BE LIABLE TO ANY USER OF THE SITE OR  ANY OTHER PERSON OR ENTITY, OR TO ANY CUSTOMER VISITING  THE VISITORS CENTER FOR ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING  OUT OF THE USE OR INABILITY TO USE THE SITE OR IN CONNECTION  WITH THE VISIT AT THE VISITORS CENTER, WHETHER BASED UPON  WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF THE  DISTILLERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF  THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT  SHALL THE TOTAL LIABILITY OF THE DISTILLERY, ITS AFFILIATES OR  ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,  AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR  THIRD PARTIES PROVIDING INFORMATION ON THE SITE TO YOU FOR  ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM  YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR  TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO THE  DISTILLERY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH  LIABILITY.  

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14. INDEMNIFICATION 

You, at your own expense, shall indemnify and hold harmless the Distillery or anyone on its behalf (the “indemnified party”), against any claim, lawsuit, action,  liability, losses and expenses, liens, penalties, including but not limited to  reasonable attorney fees arising out of or relating to your and/or anyone on your  behalf, (i) use of the Service, whether based upon or related to your negligence or  willful misconduct, or otherwise; (ii) visit at the Visitors center; or (iii) a breach of  your obligations, representation or warranties hereunder, immediately upon the  indemnified party’s first demand.  

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15. AMENDMENT AND TERMINATION  

We reserve the right, in our sole discretion and without notice to you, to revise  these T&C and we will not be liable to you or to any third party for doing so. We  may also impose rules for and limits on use of the Site or restrict your access to  part, or all, of the Site without notice or penalty. Your continued use of the Site  will constitute your acceptance of any such changes. 

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16. ASSIGNMENT

You shall not transfer and/or assign any of the rights, privileges, or obligations set  forth in, arising under, or created by these T&C without our prior consent. We may  transfer and/or assign any of the rights, privileges, or obligations set forth in,  arising under, or created by these Terms and Conditions, without your prior  consent.

 

17. SEVERABILITY 

If any provision of this T&C is found to be illegal, invalid or unenforceable, in  whole or in part, that provision shall be modified to the minimum extent necessary  to make it legal, valid and enforceable. If no modify is possible, the provision will  be severed, with the remainder of this T&C remaining in full force and effect. 

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18. GOVERNING LAW; JURISDICTION AND VENUE 

This T&C shall be governed by and construed according to the laws of the State of  Israel, without regard to the conflict of laws provisions thereof. Any dispute arising  under or in relation to this T&C shall be resolved exclusively in the competent  court in Tel-Aviv-Jaffa, and each of the parties hereby irrevocably submits to the  exclusive jurisdiction of such court. 

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19. ENTIRE AGREEMENT 

These T&C constitute the full and entire understanding and agreement between the  parties with regard to the subject matters hereof and thereof. 

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CONTACT US 

Should you have any questions regarding these T&C, or you wish to share feedback  about Product selection, pricing, ordering, delivery or other customer service issues you  may contact us by telephone at +972 (0) 544 921 565, by e-mail to ngkwhisky@gmail.com,  through our website at http://ngk-distillery.com/ or by delivery of mail or  visit at the Visitors Center, located at Kibbutz Ma'anit, Israel.