By using the Yismach Website, you agree to be bound by these Terms of Use ("Agreement"). By registering for the Service as an individual seeking a match, you agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER WITH THIS WEBSITE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO MODIFICATION AND CHANGE BY YISMACH AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE. YOUR CONTINUED USE OF THIS SITE OR THE SERVICES AFTER THE POSTING OF REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH REVISIONS. PLEASE CONSULT THE END OF THIS AGREEMENT TO DETERMINE WHEN THE AGREEMENT WAS LAST REVISED.

Terms and Conditions of Use of Agreement 

In these conditions the following words have the following meanings unless the context requires otherwise:

"Agreement" means this agreement incorporating these terms and conditions for the provision of the Service;

"We, “Us”, “Our" means Yismach

"You”, “Your”, “Yourself" means the individual who is applying for shidduchim services.

NON-COMMERCIAL USE

The Website is for the personal use of registered individuals and shadchanim. Organizations, companies, and/or businesses may not register and are not permitted to use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken. Use of the Website is with the permission of Yismach which may be revoked at any time, for any reason, in Yismach's sole discretion.

CONTENT ON YISMACH AND LIMITATION OF LIABILITY

Binding Terms and Agreement for those Seeking a Shidduch using Yismach

Please read these terms of use (the “Terms”) carefully before using the Website and the Service as they form a halachically and legally binding contract between us. These Terms apply to the entire content of the website at https://www.yismach.com/ (the “Website”), the use by you of Yismach services provided through the Website (the “Service”) and any correspondence between us. By using the Website, you agree to accept these Terms and Conditions and you agree to these binding Terms and Conditions.  If you do not agree to these Terms and Conditions, your access to the Website and/or the Service will be discontinued. Please do not access and/or use our Website and/or Service if you do not accept the terms and conditions. 

Content you post

You will not provide inaccurate, misleading or false information to Yismach. If information provided to Yismach changes and becomes inaccurate, misleading or false, you will promptly notify Yismach of such change. All registered individuals are solely responsible for the content that they post on the site. You will not post on the site or transmit to others any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights, including, but not limited to, intellectual property rights, and rights of privacy and publicity. Yismach reserves the right, to reject any profile or photo that does not comply with the prohibitions set forth in this section. Yismach reserves the right to refuse service to anyone, at our sole discretion. As a user of the site, you agree that your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. Yismach is not responsible and will not be liable for any loss or damage arising from your failure to comply with this provision.

Each shadchan is  independent and has access to the updated information of thousands of individuals in shidduchim.  No shadchanim work exclusively for Yismach.  Rather your information is accessible to any shadchan, who is recognized by their community as a shadchan, and who has earned by their track record the trust of the community and who get paid the fee in accordance with Jewish law upon your engagement. 

YISMACH DOES NOT ASSUME ANY LIABILITY FOR THE RELEASE OF PERSONAL INFORMATION BY OTHER PARTIES INCLUDING OTHER REGISTERED INDIVIDUALS, SHADCHANIM or OTHER THIRD PARTIES.   

IN NO EVENT SHALL YISMACH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY SHADCHAN OR INDIVIDUAL IN CONNECTION WITH THE USE OF THE SITE AND SERVICES OFFERED.

Any claims that may arise are solely between you and the shadchan or between you and any third party.   Each shadchan will individually be responsible for any damages or fees that may have accrued from their misuse of the site, including but not limited to the release of personal information to email groups, whats apps groups or other forums. 

USE OF SITE AND SERVICE

Confidentiality: At Yismach we protect your dignity by ensuring confidentiality. Only established, professional shadchanim can see your information and will use discretion in relaying the relevant information only to potential matches. We have installed security features so that your information is not searchable on the internet.  Any information you get from a shadchan and certainly pictures is for you alone. Under no circumstance are you to relay a shidduch resume or other personal information to another potential shidduch or another shadchan. If someone is suggested to you and you think that you know someone who might be an appropriate fit, relay that information to the shadchan who sent you the suggestion.  Yismach reserves the right to delete your account for violation of this provision. 

(Mis)use of pictures: The picture you put up on the site is for the shadchan to put a face to a name. Respecting confidentiality, shadchanim should not show any pictures unless they have explicit permission. If you want to exchange pictures, then you should email it to the shadchan and suggest that it goes both ways. Of course, shadchanim who are categorically against ever showing or sending pictures, it is their prerogative that even if you give permission, the shadchan will not agree to relay or show pictures.

When preparing your profile, you should give information for the shadchanim to get a sense of you in order for them to make suggestions that are a good fit.  Separately you should prepare a shidduch resume which you upload – which is what the other side gets when a suggestion is made.  

WHAT YISMACH DOES

We would like to dispel misconceptions of what Yismach does and does not do.

WHAT WE ARE- Yismach expedites shidduchim following Jewish law and centuries old Jewish custom. We help old fashioned shadchanim work efficiently using today’s tools and technology without any attempt to change the time-tested age-old customs in shidduchim.

WHAT WE ARE NOT- Yismach is not a computer dating site masquerading as other sites do as shidduchim.  

WHAT WE DO- Yismach is a way to get your up-to-date information to numerous shadchanim. Any individual in shidduchim can create a profile and only recognized professional shadchanim have access to your information. 

WE DO NOT police shadchanim. We do not mandate that shadchanim work a certain amount of time and make a certain amount of suggestions.  Each is independent and has access to the updated information of thousands of individuals in shidduchim.  No shadchanim work exclusively for Yismach.  Rather your information is accessible to any shadchan, who is recognized by their community as a shadchan, and who has earned by their track record the trust of the community and who get paid the fee in accordance with Jewish law upon your engagement.

We help old time shadchanim work efficiently using today’s tools and technology.  At Yismach we are available to help you create your profile, update your information, provide access to halachic guidelines, stories and advice. We daven for everyone at kivrei tzadikim and holy places throughout the year. We hold “Meet the Shadchanim” parties where individuals meet shadchanim in an informal event.  While your shidduch information is available to any independent, established, recognized shadchan worldwide we cannot guarantee that you will receive offers even though there are more than 180 shadchanim that have access to your information.  It is advisable to reach out and meet shadchanim in person. Shidduchim is not instantaneous- there is a right one and the right time.

Shadchanus: IN ACCORDANCE WITH HILCHOS SHIDDUCHIM, YOU ARE OBLIGATED TO PAY THE SHADCHAN FEE AT YOUR ENGAGEMENT. Shadchanim who have access to Yismach work independently as your agents. In order to clarify the parameters of shadchanus, we posted the halachos with source references in the site. 

Shadchanim work endless hours to make suggestions.  Where a shidduch is suggested by a shadchan you are obligated to pay the full shadchanus amount even if you heard about the suggestion, or saw the information on another site, or contacted the other party directly, or through other social media, or another shadchan threw out the name.

Where a shidduch is suggested to one side and you take this information to contact the other side or elect to handle the shidduch yourself or ask family members, friends, a Rav or Rebbetzin or anyone else– and this concludes in an engagement, then you owe the full shadchanus to the shadchan that made the suggestion.  A Rosh Yeshiva, Rebbe or Rebbetzin, advisor, references, friends or family members, psychologists, psychiatrists, life coaches or other self-proclaimed “therapists”, who are involved to facilitate a shidduch are not the shadchanim. If they are entitled to payment for their contribution, then they are paid above and beyond what the shadchan is paid.  It is your prerogative to keep the shadchan involved until the end. If you do not want the involvement of the shadchan and the shidduch is concluded without the shadchan’s involvement throughout, the shadchan is entitled to the full fee.   R’ Aryeh Morgenstein Shlita posits that the Halochos of Shadchanus are binding unless there is agreement to the contrary.  Individual shadchanim have the right to require a signed agreement which sets forth the terms and amounts of shadchanus. 

What is the Usual and Customary Fee? The market rate varies from location to location. You are obligated to pay to the Shadchan at the engagement the minimum standard shadchan fee amount from each side. In Israel the standard shadchan fee is: $1,000 if never married, $2000 if previously married and $3,000 if a physical or mental disability. If a higher amount is posted on the site to give shadchanim added incentive to work on the shidduch, you are obligated to pay upon engagement the total amount of shadchan fee that is offered and posted on the site.   The shadchan fee amount will be paid to the shadchan regardless if the individual is Ashkenazi, Sefardi, Temani, Chasidish, Chabad, Breslov, or any other sect where the custom is to pay a lower or different fee.   In other locations it may be $2,000 from each side or more. You are obligated to pay the customary fee in your location and include the proper amount on your profile. In the event that you do not put the proper amount on your profile, the customary fee will prevail.  

SUPPORTING THIS INITIATIVE

Apart from the customary Shadchan fee in the event of a successful match which you pay to the shadchan at your engagement, you agree to pay a nominal one-time non-refundable $54 or 200 shekel registration fee.  The fee is only for the listing in the database and is used to cover Yismach operating costs.  Paying the fee does not guarantee that you will receive suggestions, if the shadchanim do not have a suitable match.  Shadchanim will use their best efforts to search for fitting matches.

INTELLECTUAL PROPERTY

Yismach owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Yismach and its licensors. Those rights include, but are not limited to, database rights, copyright, design rights, registered or unregistered, patents, trademarks, whether registered or unregistered and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

DISPUTE RESOLUTION

You and Yismach agree that any disputes or claims arising out of or related to this Agreement, any service provided, or the Website may only be resolved by a borer (arbitration) Rav Yoel Moore (dayan) or Rav Asher Weiss’ Bet Din in Israel. You may not under any circumstances commence or maintain any action against Yismach, or any individual shadchan in any civil court, either in the United States or Israel. You agree that you are giving up the right to go to civil court in connection with any dispute with Yismach or any individual shadchan.  

INDEMNIFICATION

You agree to defend, indemnify, and hold Yismach, its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any loss, liability, claim, or demand, costs, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website or services provided in violation of this Agreement or arising from a breach of this Agreement.

PRIVACY POLICY

By registering on the website and using the service, you agree to the collection and use of information in accordance with the privacy policy.  In our privacy policy we outline our policies regarding the collection, use and disclosure of your information and personal data.

TERM AND TERMINATION

This Agreement will remain in full force and effect while you are registered to use the site. Yismach reserves the right to terminate your registration for any reason. We also reserve the right to remove your information from our services and any other records at any time at our sole discretion. Even after this Agreement is terminated, certain provisions of this Agreement may remain in effect. You may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to Yismach.  Upon your engagement please notify us so that we can let the shadchanim know and delete your information.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between you and Yismach regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement is subject to change by Yismach at any time. The revised terms will be effective upon posting on the website and your use of the services after such posting will constitute acceptance by you of the revised Agreement.

BY USING THE WEBSITE, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

This Agreement was last revised on August 7, 2019.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.