By using the Yismach Website, you agree to be bound by these Terms of Use ("Agreement"). By registering for the Service as a matchmaker or shadchan, 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 AS A MATCHMAKER OR SHADCHAN. 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 matchmakers or shadchanim.

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

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 IN CONNECTION WITH THE USE OF THE SITE AND SERVICES OFFERED.

Binding Terms and Agreement for Shadchanim 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 you and Yismach.

Rav Walkin, shlita, affectionately known as Ha’Masgiach, (the mashgiach of Ateres Yisroel) explained that the single most important thing in shidduchim is “dignity” – protecting the dignity of those in shidduchim and the segula for shidduchim is “secrecy”. It was with this in mind that Yismach set up this system that protects the client’s dignity by compiling information which is accessible only by the established, recognized, trusted, professional shadchanim. It is expected that the shadchanim using this service will be trustworthy and protect the confidentiality of the client. 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.

USE OF SITE AND SERVICE

Yismach connects those in shidduchim to established, recognized, professional shadchanim worldwide. Our state of the art technology is in the service of perpetuating the time tested old-fashioned shidduch system, where shadchanim get to know those in shidduchim by face to face meeting and staying involved until engagement.

Yismach is a network. Anyone in shidduchim can put up their information. Any recognized, established, professional shadchan can have access for the express purpose of matching two people together and facilitating a relationship and staying involved until engagement. The shadchan gets paid the shadchan fee at engagement. By using Yismach, you agree that:

Throwing out various names even to both sides does not entitle the shadchan to any part of shadchanus. 

There is no marking off turf by bombarding individuals with suggestions, but it should be one suggestion at a time. Only after they say no, should the shadchan suggest another one.

It is expected that the shadchan will not just make offers, but will first get to know the client by either personal meetings or phone interviews, and stay involved until the engagement. 

Individual shadchanim have the right to require a signed agreement which sets forth the terms and amounts of shadchanus.

Clients are advised that where a shidduch is suggested by a shadchan they are obligated to pay the full shadchanus amount even if they 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.

It is forbidden to contact a client to convince the individual to switch shadchanim, even if the shadchan is a close personal friend of the client, or family or even a relative of the client.

 Shadchanim will not sign up clients without their express permission and knowledge. Even with their permission, Shadchanim will not sign up clients using the shadchan’s email or phone number.

What information should a reference and shadchan reveal about those suggested?  In a shiur, by R’ Yisrael Gans, Rosh Yeshiva of Kol Torah, he outlines the halachos of what a reference and shadchan can say. While registered individuals are solely responsible for the content that they post on the site and all individuals should verify information on any potential suggestion, as a shadchan you will not provide inaccurate, misleading or false information to Yismach clients. If information provided by Yismach clients becomes inaccurate, misleading or false, you will promptly notify Yismach of such change.

Protecting Confidentiality: (Mis)use of resumes and pictures: As explained to the clients signing up: “The picture you put up on the site is for the shadchan to get a sense of you so if you want to and the other side wants to exchange pictures – the shadchan has to ask you and if you agree you would have to email your picture directly to the shadchan.” They are also told, “The information you put on the site is for the shadchanim to get a sense of you. You should put in all critical details. Separately you should prepare a shidduch resume which you upload –which is what the other side gets when a suggestion is made - so write it with this in mind. “

Respecting the clients’ confidentiality, shadchanim should not show any pictures unless they have explicit permission. If clients want to exchange pictures, then ask them to email it to you 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 clients give permission, the shadchan will not agree to relay or show pictures.

If clients upload a shidduch resume, that is what is sent or shown to the prospective match. By no means is it acceptable to show the client’s profile which is meant for the shadchan’s eyes only. If they do not upload a shidduch resume, then they intend that the text of the profile be sent and the shadchan can download the profile by clicking on the “download profile pdf” button under their picture. It is of course the client’s prerogative to include their picture in the shidduch resume and that is what the shadchan would send.

Under no circumstances can a shadchan provide email addresses or phone numbers of clients to other clients without their express permission.  

Under no circumstances can a shadchan show clients the profiles and pictures of other clients without their express permission.  

Under no circumstances can a shadchan circulate shidduch resumes to email groups, whats app groups or any other forum.  A resume should only be sent as a shidduch suggestion.  

Shadchanim are responsible to advise individuals that the shidduch resume is only for this potential suggestion and that it is forbidden for individuals to forward the resume/and or pictures to others.  If an individual has another friend, relative, or other individual who they feel the suggestion would be appropriate for they should relay that to the shadchan who will gather the information and then send the resume to the individual if they feel it is an appropriate match.    

Any shadchan that violates these terms and conditions will automatically be suspended from Yismach.  Each shadchan will individually be responsible for any damages that may have accrued from their misuse of the site, including but not limited to the payment of any fees to any other site, organization or other group that seeks shadchanus for posting of resumes on their site or group.   

Yismach does not assume any liability for the release of personal information by other parties including other registered individuals or Shadchanim.  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 THE SHADCHAN OR ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE SITE AND SERVICES OFFERED.

Each shadchan agrees to indemnify and hold Yismach harmless for any damages, loss, liability, claim, or demand, costs, including reasonable attorney’s fees, due to or arising out of the use of the website or services provided in violation of this Agreement or arising from a breach of this Agreement by the shadchan.

Yismach reserves the right to refuse service to anyone at their sole discretion.

SHADCHANUS

In order to clarify the parameters of shadchanus, we posted the halachos with source references in the site.  As the scenarios vary greatly, one should consult a dayan for a psak for each case.

What is the Usual and Customary Fee?: The market rate varies from location to location. When individuals sign up on the website they agree 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, they 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. They are obligated to pay the customary fee in their location and include the proper amount on the profile. In the event that they do not put the proper amount on the profile, the customary fee will prevail.   Before making suggestions, it is advisable to advise the client your shadchanus fee and that it is due and payable at the engagement. R’ Aryeh Morgenstein Shlit”a told us that the Hilochos Shadchanus are binding unless there is agreement to the contrary. 

SUPPORTING YISMACH

There is no charge for you, the shadchan, for use of the Yismach website. The entire shadchan fee you collect at engagement belongs to you.

We have a psak that donations to Yismach can be made from masser money. In order to cover Yismach operating costs, those who sign up pay a one-time sign-up fee. If you find donors to contribute, this will enable Yismach to continue to grow and be the impetus for many more successful shidduchim. 

In accordance with Hilchos Shidduchim, shadchanim generally require the obligatory shadchan/it fee in the event of an engagement.  Shadchanim who have access to Yismach work independently and agree to not take any money except at the successful conclusion, at the engagement. There are some Shadchanim who do not require the obligatory fee and thus clients often take away a shidduch from one shadchan in favor of the “free” shadchan.  To avoid this, all clients on Yismach must pay the obligatory shadchan fee and the shadchan may donate the fee to Yismach in the event that they do not wish to be paid shadchanus. Those Shadchanim that are unwilling to be paid the fee or unwilling to have the fee donated to Yismach, will not have access to Yismach. In addition, all shadchanim that make a shidduch for their own children with Yismach clients are obligated to pay the customary fee of $1,000 to Yismach. 

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. 

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 through a proceeding in a recognized Bet Din in Israel. You may not under any circumstances commence or maintain any action against Yismach 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.

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 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

When you register, you agree and consent to receive email messages from us. These emails may be limited to transactional or relationship communications relating to the services, or may be emails containing changes to the site, services, procedures or fee arrangements.  You agree to be bound by the terms and conditions of the privacy policy.

When you register, you agree that Yismach may provide your contact information to individuals who are registered on the site and seeking a shidduch. 

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, effective upon sending notice to you at the email address or regular address you provide in your registration. 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 use of the site at any time, for any reason, with or without explanation, effective upon sending written or email notice to Yismach.

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.

This Agreement was last revised on August 7, 2019.

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