Welcome to www.moderntalkbooks.com (the “Website”), an online store that offers customers from the EU, UK, the Americas, Israel and Australia, books for online purchase (the “Goods”). The Website is owned and operated by Unkapped Ltd., an Israeli company (the “Company”, “we”, “our”).
By accessing or using the Website or purchasing Goods offered for sale on our Website, you signify your acceptance to these Terms. If you do not agree to these Terms, you may not access or use the Website in any way, and you must not order any Goods through the Website.
Who we are?
About the Website
Subject to these Terms, users may use the Website to order and purchase Goods. Additionally, please review the following documents which forms an integral part of these Terms:
The Website is intended only for users seeking to ship the Goods to physical addresses in the countries specified in the Shipping Policy. Therefore, we will not accept orders for Goods to be shipped by the Company outside of these regions.
If your shipping address is outside the regions specified in the Shipping Policy, or you would like to purchase an e-book version of the Goods, we will suggest that you contact another website operated by a different business than us, where you can consider placing an order. That other website operates under its own terms and sale and policies, and not our terms and policies. We are not responsible for that other website’s terms, policies, and practices. Any issues you encounter regarding those other websites should be addressed to those websites, not us.
The Company may change the inventory and variety of Goods on the Website at any time. Therefore, the fact that certain Goods were offered for sale on the Website at some point does not guarantee that they will be offered for sale in the future as well.
The Company does not guarantee the scope, availability, or minimal variety of any Goods. If Goods you ordered are out of stock, the Company will inform you via the Website, phone, or email address you provided and reserves the right to delay the shipment as long as reasonably required for the Company to replenish its stock.
Goods you selected to order on the Website will be listed in the Website’s "shopping cart" until you complete the order process or remove them from the cart. The Company may determine a minimum amount for the purchase of Goods through the Website as well as set maximum quantities for the purchase of Goods.
Errors in the Order Process
In order for us to provide you with the Goods you ordered, we must receive your order in a proper and orderly manner, including all the details required to contact you and to ship the Goods to you. The Company cannot deliver the Goods ordered if the order was not properly recorded on its systems, or if it was received incorrectly, even if the source of the fault is in the Company’s computers.
If you do not receive confirmation from the Company within a reasonable timeframe from the date of the order, by phone or e-mail, it’s very likely that there was an error in the order. In this case, we ask that you contact the Company. We will try to work out the issue and assist you in completing the order or canceling it if you prefer.
If you provide incorrect details when placing your order, we cannot guarantee that the Goods will reach the intended recipient. In the event that the products are returned to us due to incorrect details you provided, you will be charged for shipping, handling and restocking fees. Please be sure to complete accurate and up-to-date information.
Online Contact Form
When you contact us, you should refrain from sending us inquiries content that is unlawful, sexually explicit, harassing, insulting, hostile, harmful, threatening, rude, racist, offends the public, encourages the commission of a criminal offense, may constitute a basis for prosecution or civil liability, slander, infringes on privacy or constitutes another violation of the law. The Company reserves the right not to assist those who contact it with inquiries of such a nature.
The price of each item appears on that item’s page. Prices already include VAT, where applicable by law. Prices shown do not include handling and shipping fees, which will be explicitly presented when you place your order, depending on the shipping destination.
The Company may update the prices of the Goods on the Website from time to time and without prior notice. The price valid in relation to the order you placed is the price that was presented when you completed the order process (which includes the completion and approval of payment details information). If you abandoned the ordering process, and returned later to complete it, prices may have been updated in the meantime. In that case, you will be asked to confirm the order under the updated pricing.
Although we make efforts to continuously review the prices listed on the Website, there may sometimes be an error that results in an incorrect price being displayed on the Website. In that case we will contact you after you have placed your order, inform you what the correct price of the Goods and allow you to either confirm the purchase at the correct price, or cancel the order. If you cancel, we will refund the amount you were charged, back to your original payment method. In that case, we will not be under any obligation to supply the Goods to you, and you will not have any complaints against the Company.
The Company cannot guarantee that the prices of the Goods on the Website will necessarily be the cheapest, or that the payment or shipping terms will be the most favorable.
Payments, Payment Terms and Order Confirmation
Payment for Goods is made by third party payment processors such as Isracard, Paypal and Bit (each a “Payment Processor”). The Company reserves the right to support different types of payment methods on the Website, and allow the use of additional payment methods. The Website uses Israel’s currency (NIS) as its base currency, but for ease of use allows users to view items on the Website on their local currency. Our Payment Processors may also allow transactions to be completed in other currencies such as USD or EUR. Any decision to allow such transactions in other currencies is at the sole discretion of the Payment Processor (and will be displayed prior to checkout on the checkout page). The Company bears no responsibility in connection therewith, including with respect to any extra costs related to foreign exchange fees.
Once you have entered your payment details and completed the order process, an email confirming that we have received your order will be sent to you, along with a receipt.
If the payment details you provided are not valid, or if the Payment Processor denies the transaction, the transaction will not be completed. If the transaction completes despite one of the foregoing events occurring, the Company reserves the right to cancel the order after contacting you to update the order.
In addition to the price of the Goods you ordered, an additional shipping fee may be charged. The shipping fee will appear at the end of the order process under the Goods you have chosen to order. The full rates of the shipping fees are calculated based on the shipping address you provided.
The Company may change the shipping fees from time to time. The shipping fee applicable in relation to the order you made is the fee that was presented to you when you completed the order process.
Promotions, Benefits and Discounts
The Company may offer Website promotions, benefits, discounts, and coupons of various types (in accordance with the terms of each coupon as published on the Website or on the coupon itself). Subject to the provisions of any law relating to promotions, the Company may at any time terminate these promotions, benefits and discounts, or the validity of the coupons, replace them or change them, without the need to provide any prior notice. This does not detract from your right to use coupons or gift cards that have not yet expired in accordance with the amount stated in them.
Please note: Any change in your order details or price, whatever the reason, will be followed by a re-examination of your eligibility for a promotion, benefit, or a discount. Thus, for example, if you purchased Goods and were entitled to a benefit in respect of its purchase, but the Goods were not in stock, you will not be entitled to the same benefit; If you replaced the Goods, which was purchased during a sale, with replacement Goods that did not qualify for the sale, you will not be entitled to the same benefit that applied the purchase of the original Goods; If your order amount has decreased due to the fact that the number of Goods provided to you is different than your original order, your eligibility for the promotion, discount or benefit that would have been granted to you may be denied due to the reduction of the order total price.
These examples do not exhaust the possible changes in your eligibility for promotions, benefits, or discounts on the Website. At the same time, the Company will try to inform you by phone or email and receive your instructions in case your eligibility for a promotion, benefit or discount is denied or changed due to a change in your order details.
Pictures for illustration only
The images of the Goods shown on the Website are presented for illustration purposes only. In addition, there may be differences in appearance, color, size, etc. between the Goods, as presented on the Website, and the Goods in reality. They do not impose any responsibility on the Company, or anyone on its behalf.
Warranty of Goods
The Company does its best to provide you with quality Goods on time. If you believe that the Goods you purchased through the Website, or the services you received through the Website are not satisfactory in any way, please contact our customer service at Support@moderntalkbooks.com and we will handle your request as soon as practicable. You may also contact us via the contact form on the Website, or through any other means of customer support communication as detailed on the Website and updated from time to time.
You have the sole responsibility for verifying the suitability of the Goods for your needs.
The Company completes its obligations to you upon delivery of the Goods you ordered to the shipping address you provided when placing the order.
Without prejudice to the provisions of any law, in the event that you purchased defective Goods, your sole rights are to replace them or receive a refund, as set out in these Terms.
THE COMPANY WILL NOT BEAR ANY LIABILITY FOR ANY DAMAGE CAUSED TO YOU DUE TO DELAYS IN DELIVERY, OR AS A RESULT OF THE GOODS SUPPLIED TO YOU BEING DEFECTIVE, UNLESS THE DELAY OR DEFECT OCCURRED DUE TO NEGLIGENCE OF THE COMPANY. IN THAT CASE, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE TOTAL ORDER SUM.
Acceptable Use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
Breaching the Terms or any other applicable rules and instructions that we may convey to you with respect to the Website;
Interfering with, burdening or disrupting the functionality of the Website;
Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Website;
Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining, or processing personal information of or about other users of the Website.
Displaying or linking the Website or any part thereof or from any website that contains pornographic content, content that encourages racism or unlawful discrimination, or that is illegal, or that its publication is illegal or that encourages illegal activity;
Linking to content from the Website, which is not the home page of the Website ("Deep Link") and displaying, or publishing such content in any other way, unless the Deep Link is linked to a full web page of the Website as is, so that the use and view of it will be completely identical to using and viewing it on the Website itself.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE AND FULL RESPONSIBILITY. THE WEBSITE IS MEANT TO BE USED AS IS. IT CANNOT BE ADOPTED TO THE NEED OF EACH AND EVERY PERSON. YOU WILL NOT HAVE ANY CLAIMS OR DEMANDS TOWARDS THE COMPANY REGARDING THE WEBSITE FEATURES, CAPABILITIES, LIMITATIONS OR ITS SUITABILITY FOR YOUR NEEDS AND REQUIREMENTS.
THE COMPANY MAKES AN EFFORT TO PROVIDE YOU WITH PROPER AND HIGH-QUALITY SERVICE. HOWEVER, THE COMPANY DOES NOT WARRANT THAT THE SERVICES OFFERED ON THE WEBSITE WILL NOT BE INTERRUPTED, PROVIDED PROPERLY OR WITHOUT INTERRUPTIONS, WILL OPERATE WITHOUT ERRORS AND WILL BE IMMUNE FROM UNAUTHORIZED ACCESS TO THE COMPANY COMPUTERS, DAMAGES, BREAKDOWNS, MALFUNCTIONS OR FAILURES – INCLUDING HARDWARE, SOFTWARE AND COMMUNICATION MALFUNCTIONS TO THE COMPANY OR ITS SUPPLIERS.
The Website may contain links to other websites, their content or other external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.
BY LINKING TO A PARTICULAR WEBSITE, WE DO NOT ENDORSE, OR SPONSOR ITS CONTENT, OR CONFIRM ITS ACCURACY, CREDIBILITY, AUTHENTICITY, RELIABILITY, VALIDITY, INTEGRITY, OR LEGALITY. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR SUCH THIRD PARTY WEBSITES OR CONTENT, OR THEIR AVAILABILITY, OR FOR ANY TRANSACTIONS MADE BETWEEN YOU AND SUCH THIRD PARTY WEBSITES.
All intellectual property rights associated with the Website and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
It is forbidden to copy, duplicate, distribute, sell, make available, market, or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company's prior, explicit and written consent.
Without derogating from the above, trademarks on the Website (whether registered or not) as well as the Website's domain name are the sole property of the Company, or respective third party owners. It is forbidden to use them without the Company's, or their respective third party owners’ prior, explicit and written consent.
Website Changes and Discontinuation
The Company may, from time to time, change the Website’s structure, layout, and design, as well as the scope and availability of the information, Goods, and content therein - all without prior notice. Changes of this type by their very nature may result in errors, glitches, or cause inconvenience of some kind. You will have no claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from errors, glitches or any kind of failure resulting from their introduction.
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension of the Website. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
Changes to the Terms
The Company may change the Terms, and the documents that form an integral part of the Terms, from time to time. We will notify you of changes by posting them on our Website or by other means of notification. Your continued use of the Services after the effective date of the amended Terms constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Goods purchased prior to the effective date of the amendments.
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents, and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of the Terms, or your violation of any right of a third party in connection with the Website or the Goods.
These Terms, and any dispute, claim or controversy between you and us regarding the Goods or the Website (a “Dispute”), shall be governed by the laws of Israel without regard to its rules on conflict of laws. Any Dispute shall be adjudicated under the exclusive jurisdiction of the courts of Tel-Aviv District, Israel.
These Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.
Failure on our part to ensure performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
The following sections shall survive termination of these Terms: Acceptable Use of the Website, Intellectual Property, Indemnification and Governing Law.
You may not assign, transfer, or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer, or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer, and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities, and obligations herein, provided that your rights under these Terms will not be violated by the assignment.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Last Updated: April 7, 2022