GIVEE- TERMS OF USE – KEY POINTS

 

The following key points of the Terms of Use are only brought for your convenience. These key points do not substitute the full Terms.

  • Introduction. “GIVEE APP” provides a real-time platform aimed to enrich and tailor-make your travel experience. By downloading the App or by accessing or using the Service in any way, you agree to be bound by these Terms.

The Service is owned and operated by GuideYA! Customer Club Ltd. Further information about how our Service works, is detailed in the full version of the Terms and explained within the Service.

  • Acceptable use. The Terms define the acceptable use of the Service and the actions you should avoid while using the Service. For example, you agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time.

  • Age restriction. The Service is intended and permitted for use only by individuals 18 years of age or older.

  • Registration. Use of the Service is available to registered users only. To use the Service, you’ll need to download our App, sign-up and create a personal Service account. Registration is also available through various social network accounts, such as Facebook and Google+.

You are solely responsible and liable for all activities performed with or through your Service account. By submitting your contact details you provide us with your express consent to receive commercial messages from the Company or others on its behalf.

  • Account termination. We may temporarily or permanently deny, limit, suspend, or terminate your Service account.

  • Privacy. We respect your privacy, as further explained in our Privacy Policy.

  • Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by or licensed to us. When you upload content to the Service you represent and warrant that you are the rightful owner of all rights to such content or lawfully licensed by all the rightful owners to upload such content to the Service. By submitting and uploading content to the Service, you grant the Company an extensive license in and to the content.

  • Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

  • Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either expressed or implied, with respect to the Service.

  • Limitation of liability. The Company, including anyone on its behalf, will not be liable to the maximum extent permitted by the applicable law, for any damage or loss, arising from, or in connection with the use of, or the inability to use the Service.

  • Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the Tel-Aviv District.

 

GIVEE APP- TERMS OF USE

 

INTRODUCTION

 

Welcome to “GIVEE” – a real-time platform aimed to enrich and tailor-make your travel experience – available through our designated mobile application (the “App”). The App, its services and any feature and content included therein, will be jointly referred to as the “Service” or the “Services”.

The Service is owned and operated by GuideYA! Customer Club Ltd., a company incorporated under the laws of the State of Israel, company number 515704120, with its offices at 43 Kashani St., Israel (the “Company”, “we”, “us” and “our”).

Please carefully read the following terms and conditions (the “Terms” or the “Terms of Use”). By downloading the App, by using or accessing the Service, or by registering as a user with the Service, you agree to be bound by the Terms and you signify that you have read and understood them. If you do not agree with the Terms, you may not use the Service in any way.

Use of the Service may be subject to additional terms and policies, such as the terms governing the use of Apple devices, Apple’s “App Store”, or any other application marketplace, and the agreements governing your use of your social network accounts (for example, when you register as a user through Facebook). You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and policies.

Use of most features of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider.

 

AGE RESTRICTION

 

The Service is intended and permitted for use only by individuals 18 years of age or older. Individuals under the age of 18 may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 18 years of age or older. We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

 

LICENSE

 

Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the App and Service in accordance with these Terms.

 

ABOUT THE SERVICE IN A NUTSHELL

 

Our Service is a real-time platform aimed to enrich and tailor-make your travel experience. It integrates traveler's data and preferences and uses this info to personalize each user's experience.

Following completion of a short registration process and by using our deep learning algorithm, we build your traveler profile layer over layer and can offer you access to highly relevant bars, restaurants, attractions and businesses around you, plus exclusive perks and discounts. We access external data - weather, date, time, local holidays, events and more – to complement your profile and geo-location, and present the best possible matches to your desires.

We implement the opinion and experience of tour guides, concierges, hotel receptionists and others with similar knowledge, who we call real expert genies (the "Genies"). The Genies will assist you to install the App and are committed to reasonably attend to your inquiries throughout your visit. By clicking the "My GIVEE" button, you will be able to contact Your GIVEE through various channels.

Businesses listed within the Service are carefully vetted to meet our high standards and fair prices. Any commercial engagement will take place directly at such businesses, without our involvement. Any communications with the Genies or agreements that you make with businesses that are presented within the Service are made strictly between you and the Genies and the businesses. The Company is not a party and does not assume any responsibility or liability with respect to such communications or agreements.

Following your first installation of the App and your use of the Service during your vacation, we may offer you a new real genie before arriving to your next travel destination.

We encourage you to treat content available through the Service with caution and discretion, as most of it is uploaded to the Service by local businesses and the Genies. We do not guarantee and make no representation or judgment about such content’s accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assignees from any and all causes of action and claims of any nature resulting from your activities and communications on and through the Service, or as a result of using it.

Further information about our Service is explained within the relevant sections of the Service. At any time, you may change your personal preferences and the way you use the Service, by using the tools provided therein, as may be available from time to time.

 

REGISTRATION

 

Use of the Service is available to registered users only. To use the Service, you’ll need to download our App, sign-up and create a personal Service account.

When you register with the Service we will ask you to provide us with certain contact and personal details, such as your name, age group, active e-mail address, country of origin, date of departure and more. We may ask for other contact details when you use any of our online contact forms.

Registration is also available through various social network accounts, such as Facebook and Google+. When registering through your social network account, you are allowing us access to your basic profile information, such as your contacts, email addresses, photos and any other content available therein. We can only access the information that your social network operator makes available to us, according to your privacy settings on such social network.

You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with our Services and to contact you. You can update and modify your details from time to time through your account settings on the Service.

You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when you sign-up. You are solely responsible and liable for all activities performed with or through your Service account.

We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service. We will only use your personal information in accordance with our Privacy Policy [Add link to the Policy] which is incorporated by reference to these Terms.

You are prohibited from selling or transferring your Service account in any way, to another user, entity or any third party.

BY SUBMITTING YOUR CONTACT DETAILS YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY OR OTHERS ON ITS BEHALF, VIA EMAIL, SMS, PUSH NOTIFICATIONS OR ANY OTHER MEANS. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU. WE MAY ALSO SEND YOU AT ANY TIME NOTIFICATIONS REGARDING YOUR USE OF THE SERVICE, SUCH AS OPERATIONAL MESSAGES.

If you use a username and password to log-in to the Service, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently. You agree to notify the Company of any breach or unauthorized use of your user account. Our contact details are specified at the bottom of these Terms.

We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your Service account. If you fail to provide us the requested information, we reserve the right to suspend or terminate your Service account, pursuant to these Terms.

 

ACCEPTABLE USE OF THE SERVICE

 

The following clauses define the acceptable use of the Service. Subject to the Terms, you may access and use the Service and use content and features provided through the Service.

You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you agree to refrain from -

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service and any part thereof;

  • Interfering with, burdening or disrupting the functionality of the Service;

  • Breaching the security of the Service or identifying any security vulnerabilities in it;

  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

  • Sending automated or machine generated queries;

  • Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;

  • Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters 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 regarding the Service’s users, without their prior explicit consent;

  • Abusing, harassing, threatening, impersonating or intimidating other users of the Service;

  • Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;

  • Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;

  • Uploading, disseminating or otherwise communicating through, or to the Service, or making available on the Service, or when using the Service, content which may reasonably be deemed as -

(1)             Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;

(2)             Identifying minors, their personal details or their address and ways to contact them;

(3)             Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications;

(4)             Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;

(5)             Constituting a violation of a person's right for privacy or right of publicity;

(6)             Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;

(7)             Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;

(8)             False, inaccurate, deceptive or misleading;

(9)             Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

The Company may, but is under no duty to, review content that was uploaded to the Service and remove, block access or use of such content, or refuse to upload it on the Service, for any reason that the Company may consider to be justified, at its sole discretion.

Unless otherwise indicated, the content you upload to the Service may be available to all Internet users or registered users of the Service. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information to public sections of the Service (such as reviews that you post).

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

PRIVACY

We respect your privacy. Our Privacy Policy [Add link to the Policy], which is incorporated to these Terms by reference, explains the privacy practices on the Service.

 

INTELLECTUAL PROPERTY

 

All rights, title and interest in and to the Service (except – as provided herein with respect to third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.

Unless otherwise expressly permitted, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

We do not claim ownership over content that you submit, upload or otherwise make available through the service. when you use the service to do this, you represent and warrant to us that you are the rightful owner of all rights to such content or are lawfully licensed by all the rightful owners to submit, upload or otherwise make available such content on the service.

By submitting and uploading content to the Service, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to such content.

 

FEE-BASED SERVICES

 

Use of the Service is free of charge. However, in the future we may require you to pay fees to use certain features on the Service ("Fee-based Services"), such as premium services. The rates and payment terms shall be posted at the relevant pages on the Service. We may, at any time and at our sole discretion, transform a free of charge Service to a Fee-Based Service, and change any rates and payment terms. Failing to settle your payments for a fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to us under the applicable law. Any changes in our fee schedule will take effect immediately after being posted on the Service.

 

REQUESTS TO REMOVE CONTENT FROM THE SERVICE

 

We respect the intellectual property, privacy and any other rights of others. Requests to remove content that purportedly infringes or violates third party rights, such as copyright or privacy, from the Service, or counter requests, must be made in accordance with our Content Takedown Policy [Add link to the Policy]. After receiving a request to remove or re-post content on the Service, we will consider the request and act in accordance with the applicable law.

 

COMMERCIAL INFORMATION

 

We may incorporate in the Service advertisements and information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company or any third party not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers to use the Service to conduct surveys or approach the Service’s users with questions of commercial nature.

 

LINKS

 

The Service may contain links to content published on other websites or 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 therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, 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.

 

INDEMNITY

 

To the maximum extent permitted by the applicable law, you agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service, your breach of the Terms, your violation, or infringement of any other person’s or entity’s rights, or your activities and communications on or through the Service.

 

ACCOUNT SUSPENSION AND TERMINATION

 

In addition to any remedies that may be available to us under any applicable law, or these Terms, we may temporarily or permanently deny, limit, suspend, or terminate your Service account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if the Company determines, at its sole discretion that -

  • You have abused your rights to use the Service; or,

  • You have breached the Terms; or,

  • You have performed any act or omission that violates any applicable law, rules, or regulations; or,

  • You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service; or,

  • You used the Service to perform an illegal act, or for a purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,

  • You have abandoned your account for more than six (6) months since your last use of the Service; or,

  • You deliberately submitted false information or have failed to comply with our requests for information regarding your identity or user account; or,

  • You conveyed your account to another person or entity.

Upon termination of these Terms or your account, for any reason -

  • Your right to use the Service is terminated and you must immediately cease using the Service and uninstall the App from all mobile devices in your possession or control; and,

  • We reserve the right (but have no obligation) to delete all of your information, content and account data stored on our servers; and,

  • We will not be liable to you or any third party for termination of access to the Service or for deletion of your information, content or account data.

The following sections shall survive any termination, or expiration of the Terms: Account Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnity, Governing Law & Jurisdiction.

 

APPLICATION MARKETPLACE

 

Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you have downloaded the App, such as Google Play. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App or the Service.

The following terms apply if you have downloaded the App from Apple's “App Store”. You and the Company agree and acknowledge as follows:

These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferable license to use the App on any iOS products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

 

CHANGES IN THE SERVICE AND DISCONTINUATION

 

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our sole discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our Staff, for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time and at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

 

SERVICE AVAILABILITY AND SUPPORT

 

The availability, quality and functionality of the Service depend on various factors and elements, including software, hardware and the quality of broadband/cellular/Wi-Fi network connectivity, which are partially provided by third parties. These factors are not fault free.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES, OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.

 

CHANGES TO THE TERMS

 

From time to time, we may change the Terms. If you are a registered user we will provide you notice of such changes through the Service interface or by sending you an email notice. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to the Terms and require that you accept them. In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the Service. The latest version of the Terms will always be accessible on the Service.

 

DISCLAIMER OF WARRANTY

 

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. IT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE AND ANY OF ITS USERS, GINIES OR BUSINESSES PRESENTED WITHIN. 

WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, RELIABILITY, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY WITH REGARD TO THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE AND CONTENT PRESENTED ON IT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY EXPECTATIONS FOR AN OUTCOME, OR FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH US OR THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS AND TRANSACTIONS IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR ACCOUNT.

GOVERNING LAW & JURISDICTION

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.

Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us.

The competent courts in the Tel-Aviv district in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of the Israeli forum.

 

GENERAL

 

These Terms 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.

Without derogating from our right the change these Terms, as provided herein, no waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

 

CHANGES IN OWNERSHIP

 

In the event of a company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

 

NO ASSIGNMENT

 

You may not assign or transfer your rights and obligations under the Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

 

INTERPRETATION

 

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

 

SEVERABILITY

 

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court or instance, 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.

 

CONTACT US

 

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: GuideYA! Customer Club Ltd., 43 Kashani St., Israel; Tel: (972)-52-2405921; Email: jonathan@givee-travel.com, or through our online contact form

 

INCORPORATED DOCUMENTS

 

The following documents and policies are incorporated by reference to the Terms of Use and are part of the Terms. Whenever expressing your consent to the Terms you also acknowledge your consent to these policies as well:

  • Content Takedown Policy [Add link to the Policy]

  • Privacy Policy [Add link to the Policy]

 

Last updated: November __, 2020