Terms of Use – OurTrip

  1.     Introduction

1.1.   The use of the Application “OurTrip”, which is, among other things, a social network which enables you to organize trips (the “Application” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Application and according to any applicable law. By using the Application, You signify that You agree to be bound by the Terms.

1.2.   The use of the Application is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.

1.3.   The purpose of the Terms is to regulate the relations between the operator of the Application, OUR TRIP APP LTD, Israeli C.N. 516609997 (the “Operator”) and any person and/or entity using and/or accessing the Application and the Service of the Operator. By using the Application, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Application and refrain from any use of the Application. The Operator reserves its right to terminate Your use of the Application if You will not comply with any or all of the Terms.

1.4.   The Terms determine Your access to the Application and will apply to any of Your use in the Application including, but not only, use of data, content and services in the Application or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Application.

1.5.   The Operator reserves its right to terminate Your use of the Application if You fail to comply with any or all the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Application at the time of Your use of the Application. Therefore and prior to any use of the Application, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Application.

1.6.   The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Application, the provisions of the Terms shall prevail.

1.7.   It is clarified that the Operator reserves its right to change and/or terminate the activity of the Application, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.8.   The Service is active and accessible at all times, and You may use the Service at any time. However, the activity of the Application may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

1.9.   If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator via email ___________. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.10.                    It is hereby clarified that You declare, warrant and understand that any of Your use and reliance on information available in the Service is at Your own responsibility and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service.

1.11.                    For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users to organize trips and/or review information of such trips.

  1.     Definitions

Content” means the Application, information on trips available in the Application and/or other details which are provided by third parties, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.

Service” means the Application, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

Account” means the account opened by Your name in the Application including Your registration or any other use of the Service without creating an account.

Application and/or Service Errors” means any interruption in the Application’s and/or Application and/or Service’s availability due to reasons which are not directly controlled by the Operator.

Trip/s” means information available in the Application regarding sites and travelling including, but not limited to, tourism sites and more.

You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Application during Your use of the Application.

 

  1.     About the Terms

3.1.   These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator provides solely an Application and/or Service which is used, among other things, as a platform for uploading and planning Trips, and in case of any violation of your rights by any third party, all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator.

3.2.   It is hereby clarified that only the Terms shall bind the Operator. Any advertising which may be available in the Application shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised Content.

3.3.   In order to use the Service, You are required to open an account and providing certain details. It is clarified that Your account is personal and non-transferrable.

3.4.   Using the Application is currently free of charge. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Application, in whole or in part, and reserves its rights to add additional features to the Application which their use may be subject to payment by You and You shall have no claim against the Operator in such case.

 

  1.     Safe Use, Liability and Limitation of Liability

4.1.   Trips and any information related to Trips are uploaded and organized by third parties which are not controlled by the Operator. You should be aware that information of such Trips may be inaccurate and/or may have certain requirements not mentioned in the Trips, e.g. permits, special skills, entrance tickets and more, and it is Your responsibility to ensure Your compliance with any necessary requirements.

4.2.   It is Your responsibility to prepare in advance to any of the Trips available in the Application, and the Operator will not be liable for any damage and/or injury which may be caused to You resulting from any reliance on information of the Trips.

4.3.   The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Application and/or resulting from Your reliance on any Content and Service available in the Application.

4.4.   The Operator has no relation and/or connection to Trips which shall not be considered as a recommendation or encouragement of the Operator, and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service including any use of information related to the Trips.

4.5.   The information and Services available on the Application may include inaccuracies or mistakes. The Operator does not warrant that the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.

4.6.   You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the content You uploaded and/or sent, whether received or sent by You or not.

4.7.   Any claims and/or demands You may have regarding any of the Trips, whether concerning Your use of such Trips and whether concerning its outcome should be addressed to such third party, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding Trips available via the Services.

4.8.   It is Your responsibility to verify the details of the Trips.

4.9.   The Operator does not warrant that all links available on the Application, including links available on mailings sent to You by the Operator, are active and/or will lead to an active link, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Application.

4.10.                    The Services available on the Application may be interrupted and/or may face errors. The Operator does not warrant that the Application will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information.

4.11.                    The information and Services available on the Application including in the Trips may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.

4.12.                    The Operator has no responsibility for any content appearing in advertisements which may appear in the Application including any commercial offers from third parties. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.

 

  1.     Contacting Third Parties

5.1.   You are solely responsible for contacting any third parties. You hereby declare that You are aware that the Operator doesn’t necessarily verify all the information available on the Application (including with respect to the Trips), and You shall not have any claim against the Operator regarding false information received by any third party.

5.2.   The ownership and the intellectual property rights of contents of third parties displayed in the Application is owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Application. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Service, including any future changes to the Third Party Agreements.

 

  1.     Intellectual Property

6.1.   All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.

6.2.   Without derogating from the above, the Application, the discussions, all the webpages of the Application and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

6.3.   You may not copy, reproduce (except as noted in the Terms), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Application without the Operator’s prior and written consent.

6.4.   You may use the Content for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.

6.5.   You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will not copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent. The above does not apply for any use intended for research and instruction.

6.6.   By using the Application You agree that as long as the Application is active, any of Your content including planning of the Trips will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any content You uploaded under its sole discretion provided that such use will be reasonable and legal by any applicable law.

6.7.   The Operator may, at its sole discretion, add to any of Your content its name, logo or any other text.

6.8.   The ownership and the intellectual property rights of contents of third parties displayed in the Application are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Application. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Application, including any future changes to the Third Party Agreements.

6.9.   The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator.

 

  1.     Mailings

7.1.   The Operator may offer its users to receive email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails and text messages (the “Mailings”).

7.2.   Upon registration, You may be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.

 

  1.     Security

8.1.   The Application are protected and secured using advanced security tools which are intended to ensure safe and secure use of the Application and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Application including, but not only, theft of information of other users and breaching the security mechanisms of the Application. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Application and taking legal actions against You in such case.

8.2.   Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Application and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

 

  1.     Term and Termination

9.1.   This Agreement commences on the day You start using the Application and continues until You refrain from any use of the Application and the Operator’s services.

9.2.   The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable.

9.3.   The Operator reserves its rights, at its sole discretion, to amend the Terms at any time.  You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Application will be considered as consent to such amended terms.

9.4.   The Operator reserves its rights to shut down the Application or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

9.5.   All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

 

  1. General Terms, Governing Law and Messages

10.1.                    This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

10.2.                    The Account in the Application is personal and non-transferrable.

10.3.                    If You have any inquiries regarding the Terms, You may address the Operator.

10.4.                    The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Application.

10.5.                    This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to the exclusive jurisdiction of the courts of Tel Aviv for any litigation and/or dispute arising out of this Agreement.

10.6.                    All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.

 

 

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