Legal Updates

An article in a website’s terms and conditions regarding location of legal proceedings may not be valid

July 23, 2019
Print’s terms and conditions states that legal documents may not be served to the Israeli subsidiary providing service to individuals who made an online purchase of tourism services from the Dutch parent company.
The Court held that, notwithstanding the terms and conditions, documents may be served to the Israeli company for the Dutch mother company. Where there is an intensive relationship between a non-Israeli respondent and an Israeli entity, demonstrating a high probability that the Israeli entity will serve the documents to the foreign respondent, the Israeli entity is considered authorized to receive documents and the existence of such an intense link cannot be nullified by introducing an article to the company’s terms and conditions. In this case, there is an ongoing business relationship between the Israeli company and the Dutch mother company, thus the claim against the Dutch company may be filed in Israel and the documents served upon the Israeli company.