IMPORTANT INFORMATION: These Terms of Use (these "Terms" or this “Agreement”, in short) constitute a binding agreement between us, Micro Hotels Boutique Ltd., a private company incorporated under the laws of Israel, company no. 515982494 (“WOM”, “we”, “us” or “our”), with registered place of business at 72 Ben Gurion Avenue, Tel Aviv, Israel and you, and govern your access to and use of the Services (as defined below). Please read this Agreement and our [Privacy Policy] [insert active link] carefully before using our Services.
DEFINITIONS:
“Account” means an electronic account in your name [ERM: please define the purpose and the use of the account – e.g. reservation process vs. remote control of the room. Further, is creating an account / signing up for the App mandatory for any Guest? Can a user also log in to your Site? If so, can it be done with the same Account credentials?].
"App" means the WOM application, allowing Guests control over their respective room, and connecting Guests, Hotel staff and local businesses and service providers, during the term of the respective stay, all as detailed under Section [] hereto.
"Guest" means any person, within the age limitations set forth under Section 5.2.6 hereto, who completed the reservation process and received a Confirmation Email, pursuant to these Terms.
“Hotel” means the specific hotel, operated by WOM, to which your respective reservation applies.
“No Show” means a Guest who does not arrive at the Hotel before or at the latest time for arrival, as defined under such Guest’s [reservation information], without notifying us [at least [] hours ]in advance.
“Platform” means the Site and the App, collectively.
“Rate” means the actual price that you are required to pay for your stay at the Hotel, as reflected under the Confirmation Email sent to you upon your successful completion of the reservation process.
“Services” means the hosting, hospitality and community services we provide to you as a hotel– including without limitation [your access to and browsing of the Site, the order process, your check-in and stay with us and your check-out process.]
“Site” means the WOM website, accessible at [https://wominthecity.com/].
RESERVATION PROCESS
2.1. You may place a reservation by way of
2.1.1. online reservation via the Site, whether in advance or upon arrival at the Hotel by using automated reservation kiosks designated for this purpose (which reservation shall be subject to then current occupancy at the Hotel),
2.1.2. online reservation via certain third-party booking services who are in cooperation with us for this purpose [ERM internal: provide updating list? No need to list such service providers?] [(the “Booking Services”)][ERM internal: subject such reservation to the T&C of the applicable Booking Services], or
2.1.3. telephone reservation, via our phone reservations center, the telephone number of which shall be made available on our Site.
2.2. Please note that unless you receive a Confirmation Email, we do not guarantee the availability of any of the rooms or other hotel facilities, and that making a reservation in advance, via the Site, may increase your chances of locating and booking a room to suit your needs.
2.3. At the time of reservation, you may be asked to provide customary billing information such as ]your full name, nationality, billing address, and credit card information[ either to WOM or to a third-party payment service provider (“PSP”) cooperating with us [such as Pelecard]. Such information, if provided to us, will be subject to our [Privacy Policy] [insert active link], and if to a third-party PSP, to its respective privacy policy. Please review such privacy policy before placing a reservation. Please note the following, in relation to the information that you provide:
2.3.1. You are solely responsible for any errors or inaccuracies in the information that you provide to us, including without limitation any error in the selected hotel, type of room, dates of stay, number of rooms or any other detail required with respect to any additional service which may be booked via the Platform.
2.3.2. Impersonation is and the provision of false details of the purchaser may be a criminal offense and civil and/or criminal legal proceedings may be taken against the provider of such false details, including without limitation claims for damages in respect of any damage caused to us.
2.4. You agree to pay WOM for any confirmed bookings made in accordance with these Terms by one of the methods as may be described under these Terms[, on the Site or at the Hotel’s reception]. [ERM: is it possible to pay via the third parties reservation websites?]
2.5. Once your reservation process has been completed, you will receive a confirmation email summarizing your confirmed booking and providing a booking reference number (“Confirmation Email”). A reservation which has not been confirmed via a Confirmation Email will be deemed to be a reservation which has not been made. [ERM: when do you verify payment? Is the Confirmation Email subject to actual payment? Partial advance payment?]
2.6. Subject to the cancelation policy (Section 4), reservations booked in advance do not create a legally binding engagement between you and us until you receive a Confirmation Email.
2.7. Reservations for groups of at least [] individuals or at least [] rooms (each, a “Group Reservation”) are subject to additional terms and conditions. If you wish to make such Group Reservation, please contact us via one of the options set out under Section []. [ERM: TBD whether this is relevant, Brown’s T&C hasn’t provided sufficient clarification (it also refers to “special T&C”, as well as stating that a deposit will be charged]
RATES AND PAYMENT
3.1. All information with respect to our accommodation rates, including any information regarding promotional rates, coupons, promotional codes, discounts or other special offers (“Special Rate”), is available on our Site. Such rates apply solely to accommodation, and not to any additional services or merchandise provided to you, which may include, without limitation, food, drinks, laundry, transportation, for which payment will either be made upon receipt of such service or merchandise, or upon check-out from the Hotel.
3.2. We reserve the right to offer Special Rates from time to time, at our sole discretion. To the extent such Special Rate applies to your reservation, please note that extending your stay to additional nights at the Hotel, pursuant to Section 4.2 below, does not entitle you to the same Special Rate for such additional nights.
3.3. We do not provide for or accept the redemption of multiple discounts, coupons or Special Rates for a single reservation, for which only a single Special Rate may apply.
3.4. We may offer non-refundable Special Rates from time to time. To the extent such non-refundable Special Rate applies to your reservation, please note that any payments made in advance, or deposits or booking fees provided with respect to such reservation are non-refundable.
3.5. All rates on the Site are in US$ or in New Israeli Shekels, and are inclusive of V.A.T in accordance with the V.A.T rate applicable in Israeli, as may vary from time to time. [ERM internal: Brown T&C states that only NIS rates are inclusive of V.A.T, while V.A.T will be added to the US$ rates only for Israeli citizens. Is this the case, or are all rates inclusive and foreign guests may get a V.A.T refund?]
3.6. We only accept payment with credit or debit card. [ERM: pre-paid card; other alternatives?]
3.7. You hereby authorize us to collect the applicable amounts, including any additional fees or charges that we may charge from you pursuant to these Terms, by charging the credit or debit card provided by you upon reservation, via a third-party online PSP. If you are directed to a PSP, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
3.8. The amount payable to us with respect to your reservation will only be charged [48 hours] prior to the planned date of your arrival at the Hotel, as such date appears within the summary provided under the Confirmation Email.
4.1. You may request changes to your reservation at any time prior to your arrival at the Hotel (subject to the termination provisions or other provisions), and we will use all reasonable efforts to accommodate such changes, but we provide no guarantee that such changes, or any portion thereof, will be accommodated.
4.2. While staying with us, you may request to extend your stay at any time, and we will use all reasonable efforts to accommodate such request.
4.3. Unless otherwise stated on a reservation, all reservations, excluding those reservations listed under Section 4.5 below, may be cancelled for no charge upon prior notice provided to us at least 48 hours before noon Israel time on the date of arrival or, if the reservation is for Peak Season [] [ERM: please provide the dates for such season][or if the reservation is for [] or more rooms, or a Group Reservation], such notice should be provided at least 7 days prior to noon, Israel time, on the date of arrival. Please note that the cancellation of your reservation will not have been deemed approved until you receive written confirmation from us.
4.4. If you fail to provide sufficient prior notice pursuant to the above Section 4.3, you will be charged the full amount for the same night (in case of a reservation for Peak Season, you will be charged the full amount for the first two nights under such reservation), [ERM: What is the policy for group reservation?] as such amount is set forth under the Confirmation Email that was sent to you in relation to such reservation.
4.5. If your reservation included a non-refundable Special Rate, as set forth under Section 3.4 herein, then such amount will not be refunded, regardless of the timing of cancellation, and unless cancellation is performed pursuant to Section 4.7 herein.
4.6. In the event of a No Show, you will be charged the full amount for the first two nights under your reservation (in case of a reservation for Peak Season, you will be charged the full amount for the first three nights under such reservation), [ERM: What is the policy for group reservation?] as such amount was reflected under the Confirmation Email sent to you in relation to such reservation, and no portion of which will be refunded. Notwithstanding the aforementioned, your reservation will be cancelled automatically in case of a No Show, including any subsequent nights booked under the same reservation. If you expect any delays to your arrival, please let us know at your earliest convenience, as we may be able to accommodate such delay without any discomfort to you.
4.7. [We reserve the right to cancel any reservation, which right may only be exercised under [extreme/exceptional/unusual] circumstances at our sole discretion. Should such cancellation occur, we will promptly notify you and offer a full refund of all sums that you have already payed to us on account of such reservation.] [ERM: this is included within T&Cs of competitors, but not within the Brown T&C. Please advise whether you would like to keep or remove this]
YOUR STAY WITH US
5.1. Check-in; check-out.
5.1.1. Check-in time for Guests is 15:00 (Israel time). Check-in is performed via [the App or] self-check-in kiosks located at the Hotel lobby.
5.1.2. In the event of technical or other problems arising during self-check-in, please contact the Hotel’s reception for assistance.
5.1.3. Check-out time for Guests is noon (Israel time).
5.1.4. Subject to Section 4 relating to our changes and cancellations policy, If you wish to check-in earlier than, or check-out later than, the check-in or check-out time set forth under this Section 5.1 (as applicable), you may be charged for an additional night in the same room, according to the Hotel’s then current rates, as reflected on the Site with respect to the Hotel.
5.2. Dos and don’ts.
5.2.1. At all times when on the premises of any of our hotels, you are required to behave reasonably and respectfully and to avoid disturbing other guests in any way. If you fail to adhere to such requirements, you may be asked to leave the Hotel, in which event all amounts due to us from you shall become immediately payable.
5.2.2. If you or any guests on your behalf, whether or not the Hotel consented to you inviting such guests, behave in a bad, malicious, or negligent manner, hassle other guests or otherwise cause property damage, we will charge from you the amounts of any losses sustained by us pursuant to such behavior, including business interruption losses.
5.2.3. No additional guests may be invited above the number stated in the Confirmation Email, without the advance consent of the Hotel. Bringing such additional guests into the Hotel premises, whether or not in order to stay overnight, is subject to additional payment.
5.2.4. Smoking is strictly prohibited anywhere on the premises of our hotels[, except for areas clearly designated for smoking]. Failure to comply with our no-smoking policy, as set forth under this Section 5.2.4, will result in an additional charge to your expense, for the cost of cleaning the room of any smoke residue in order to restore it as a smoke-free zone, which charge shall be at least [NIS 500].
5.2.5. Pet animals weighing no more than 9 kilograms may be brought into the Hotel or its various facilities. The pet’s owner is required to sign a "pet waiver form" prior to the arrival date [or upon arrival at the Hotel]. This Section 5.2.5 does not apply to a Guest requiring the assistance of a guide dog.
5.2.6. The minimum age to use our Services is 18 years. If you are younger than 18 years, you may only stay at the Hotel if accompanied by an adult of at least 21 years of age.
5.2.7. No equipment may be taken from the guest rooms.
5.2.8. Anything permitted or prohibited under this Section 5.2 is meant to expand, but not limit, any of your obligations set forth under Section below.
5.3. Food and drinks. Unless expressly stated otherwise, food and drinks of any kind are not included in any rates. Payment for food and drinks will be made separately, in accordance with Section 3.1 hereinabove.
5.4. Reporting misconduct. If during your use of the Services or the Platform you encounter behavior directed at you by any person, which you feel is inappropriate, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us, by contacting us with your police station and report number at [support@wominthecity.com], at the Hotel’s reception or [other means of reporting]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. WOM will not be held liable for any behavior or conduct of any third party, on or around the premises of its hotels, including the behavior of other guests.
WOM provides an online platform, comprising the Site and the App. The Platform enables you to easily maneuver through the entire process of first learning who we are, making a reservation, enjoying an interactive stay with us while connecting to other Guests and to local businesses and service providers, and even to keep in touch after leaving the Hotel.
6.1. If you are using the Services on behalf of another person (including any corporation or legal entity other than using it personally), you represent that you are authorized to act on behalf of that person or corporation, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation. You will inform such other persons or entities about the Terms that apply to the services purchases on their behalf, including all rules and restrictions applicable thereto.
6.2. We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective [7 days following the posting of the modification to our Platform], and will apply to causes of action arising after the effective date of the change. [If a revision, in our sole discretion, is material we will notify you.] You should continue to check the Platform for changes. Your continued use of our Services following the posting of changes to these Terms [or providing notice to you whichever occurs first,] will mean that you accept those changes.
6.3. We, in our sole discretion, have the right to terminate or suspend your Account or your access to the Platform immediately[ and with or without cause / as per section 7].
6.4. [As stated above, WOM makes available a Site and App with related technology for travellers to make reservations, for Guests to interact with each other and with local businesses and individuals, and for anyone to write reviews, search, compare, enter contests and arrange for activities around in and around our hotels.]WOM is not an operator of any services offered by local businesses, and we do not own, sell, resell, furnish, provide, manage and/or control any such services or the operators of such services. Our responsibilities are limited to: (i) facilitating the operation of the Services and availability of the Platform[, and (ii) accepting payments from Guests on behalf of the suppliers/operators of local business/activities].
In order to use the Services, and specifically in order to check-in, access and use your room and check-out, you need to create an Account [for the Platform, ]by registering via the App [ERM: can the account also be created on the Site?].
We reserve the right to deny you access to the Platform if we believe, in our sole discretion, that you are in breach of these Terms for any reason whatsoever or if we suspect any fraudulent activity committed by you or on your behalf (this may include taking advantage of bugs in the Platform).
Creating an Account
7.1. You are solely responsible for any activity that occurs in your Account and for keeping your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account, by an e-mail to [support@wominthecity.com]. You will be liable for any use made of your Account or password and for our or others' losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your Account.
7.2. You must be 18 or older to use our Services and to make a reservation to one of our hotels, otherwise you may only make such reservation if you will be accompanied by an adult of at least 21 years of age during your entire stay at the Hotel. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have the legal authority to create a binding legal obligation, your parent or guardian must agree to our Terms and our Privacy Policy on your behalf, and provide written approval of such to us.
7.3. [you must be an individual person in order to create an Account. By using the App you represent that you are not acting on behalf of a corporation (or any legal entity other than using it personally).]
7.4. When signing up for the [App/Platform], please provide accurate information about yourself. You may not use false information or impersonate another person or company through your Account. You may not transfer your Account to anyone else. With your registration, you authorize WOM, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address and verifying your information against third party databases or through other sources. We may use third parties to obtain this information and carry out checks on our behalf. We may ask you to provide additional information and documents to support the information you provide. [To be unified with 2.3.2]
8.1. Ownership.
The Services and the Platform as well as the content on the Platform, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and all associated intellectual property rights, and any other content on the Platform ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, unless explicitly stated otherwise by us.
Content in the Platform, and Services, where applicable, is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Platform or Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Services or Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform or Services.
“WOM”, the WOM logo, and other Marks are trademarks of WOM or our affiliate's Marks. All other trademarks, service marks, and logos used on our Platform or in the scope of our provision of the Services are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
8.2. Unauthorized use.
You will and you agree to:
8.2.1. comply with all applicable laws in connection with your use of the Services. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
8.2.2. provide accurate information to us and update it as necessary; and
8.2.3. act honestly and in good faith.
You agree NOT to:
8.2.4. Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;
8.2.5. use or attempt to use another's account or create a false identity;
8.2.6. share other users' or third party's information without their express consent;
8.2.7. duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services except as permitted in these Terms, or as expressly authorized by us;
8.2.8. utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;
8.2.9. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
8.2.10. remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors');
8.2.11. collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (except if the owner of such information has expressly permitted the same);
8.2.12. infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
8.2.13. use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, "cache", “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
8.2.14. use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
8.2.15. access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose;
8.2.16. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
8.2.17. attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
8.2.18. attempt to or actually override any security component included in or underlying the Services; or
8.2.19. Interfere or disrupt the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
In connection with your use of the Platform or the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. [Add – communication with other users; WOM’s preferred means of user interaction]
INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet the requirements for entry into Israel, , that your travel documents, such as passports and visas (transit, business, tourist, or otherwise), are in order and that any other entry requirements are met during the time of traveling. We urge Guests to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to making a reservation with us. WOM ACCEPTS NO LIABILITY IF YOU ARE DENIED ACCESS TO ISRAEL, EFFECTIVELY PREVENTING YOU FROM REACHING US ON TIME FOR YOUR RESERVATION.
[THIRD PARTIES' LINKS, WEBSITES, AND SERVICES [ERM: please advise whether your site or app will contain any links to third party websites]
The Platform may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the Services and to read the terms and conditions and privacy policy of each other website that you visit.
We permit you to link to materials on the Platform for personal, non-commercial purposes only.]
The additional terms and conditions under this Section 12 apply to you if you download the App from either the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
12.1. These Terms are concluded solely between you and WOM and not with the providers of the Third Party Store, and WOM (and not the Third Party Store providers) is solely responsible for the App and the content thereof.
12.2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. WOM is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no 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 be the sole responsibility of WOM.
12.3. WOM, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
12.4. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between us and the Third Party Store provider, we, and not the Third Party Store provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App 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.
DISCLOSURE
Subject to the [Privacy Policy] [insert active link] We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
13.1. satisfy any applicable law, regulation, legal process, subpoena or governmental request;
13.2. enforce these Terms, including investigation of potential violations of it;
13.3. detect, prevent, or otherwise address fraud, security or technical issues;
13.4. cooperate with law enforcement authorities or prevent child exploitation;
13.5. respond to user support requests; or
13.6. protect our, our users' or the public's rights, property or safety.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF THE SERVICES.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY [Include active link], WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE PLATFORM OR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN CONSIDERATION FOR THE RESERVATION ASSOCIATED WITH SUCH DAMAGES AND LOSSES, OR (B) [ERM: Enter amount linked to insurance policy coverage].
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but [may be assigned by us without restriction or notification to you.]
INDEMNITY
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Platform or Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.
This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Platform or Services.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed by the laws of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in [Tel Aviv-Jaffa / Jerusalem], Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. [Note that in some jurisdictions, the choice of forum might not be enforceable]
SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.
SURVIVAL
To the extent permitted by applicable law, Sections [10 13, 14, 16] [ERM: this will be revised by us upon finalization of this document] shall survive any termination of these Terms and your use of the Services, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.
20. GENERAL
We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with [the Privacy Policy [ERM: include active link], and ]any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.