TERMS
OF USE of
TRAVEL
SEARCH (“the Website”)
[Updated as at 1/3/2017]
1. Welcome
to Travel Search (“TS”).
2. The
Website is comprised of various web pages operated by TS and is offered to you
conditioned on your acceptance without modification of the terms, conditions
and notices contained herein (“the Terms”).
Your use of the Website constitutes your agreement to all such Terms. Please
read these terms carefully and keep a copy of them for your reference.
3. TS
at http://top-travel-search.com is an
online platform that provides you with the best deals for the best flights, the
best hotels and the best vacation
packages.
PRIVACY
4. Your
use of the Website is subject to TS’s Privacy Policy. Please review our Privacy
Policy, which also governs the Website and informs users of our data collection
practices.
ELECTRONIC COMMUNICATIONS
5. Visiting
the Website, imputing information in respect of your desired destination,
length of stay, period of stay, check in and check out dates and/or sending
emails to TS constitute electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices
disclosures and other communications that we provide to you electronically via
email and/or on the Website satisfy the legal requirement that such
communications be in writing.
6. TS
does not knowingly collect either online or offline, personal information from
persons under the age of thirteen. If
you are under 18, you may use the Website only with permission of a parent or
guardian.
LINKS
TO THIRD PARTY SITES
7. TS
may contain links to other website (“Linked
Sites”). The Linked Sites are not under the control of TS and TS is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or update to a Linked
Site. TS is
providing these links to you only as a convenience and the inclusion of any
link does not imply endorsement by TS of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL
PROPERTY
8. You
are granted a non-exclusive, non-transferable, recoverable license to access
and use of the Website strictly in accordance with these terms of use. As condition of your use of the Website, you
warrant to TS that you will not use the Website for any purpose that is
unlawful or prohibited by these Terms.
9. You
may not use the Website in any manner which could damage, disable, overburden,
or impair the Website or interfere with any other party’s use and enjoyment of
the Site. You may not obtain or attempt to obtain any material or information
through any means not intentionally made available through the Website.
10. All
content included herein, such as inter
alia, text, graphics, logos, images, videos, as well as the compilation
thereof, and any software used on the Website, is the property of TS and/or its
suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
11. You
will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Website.
12. TS
content is not for resale.
13. Your
use of the Site does not entitle you to make any unauthorised use of any
protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the
express written permission of TS and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the
intellectual property of TS or our licensors except as expressly authorised by
these Terms.
INDEMNIFICATION
14. You
agree to indemnify, defend and hold harmless, without limitations, TS, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees) relating
to or arising out of your use of or inability to use the Website, your
violation of any terms of this Agreement or your violation of any rights of a
third party, or your violation of any applicable laws, rules or regulations.
15. TS
reserves the right, at its own cost, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with TS in asserting any available defences.
LIABILITY
DISCLAIMER
16. The
information, software, products and services included in or available through
the site may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. TS
and/or its suppliers may make improvements and/or changes in the Website at any
time.
17. TS
and/or its suppliers make no representations about the suitability,
reliability, availability, timeliness and accuracy of the information,
software, products, services and related graphics contained on the site for any
purpose to the maximum extent permitted by applicable law, all such
information, software, products, services and related graphics are provided “as
is” without warranty or conditions of any kind.
TS and/or its suppliers hereby disclaim all warranties and conditions
with regard to this information, software, products, services and related
graphics, including all implied warranties or conditions of merchantability,
fitness for a particular purpose, title and non-infringement.
18. To
the maximum extent permitted by applicable law, in no event shall TS and/or its
suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation,
damages for loss of use, data or profits, arising out of or in any way
connected with the use or performance of the site, with the delay or inability
to use the site or related services, the provision of any failure to provide
services, or for any information, software, products, services and related
graphics obtained through the Website, or otherwise arising out of the use of
the Website, whether based on contract, tort, negligence, strict liability or otherwise,
even if TS has been advised of the possibility of damages.
19. The
above limitation may not apply to you. If you are dissatisfied with any portion
of the Website, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using the Website.
TERMINATION / ACCESS RESTRICTION
20. TS
reserves the right, in its sole discretion, to
terminate your access to the Website and the related services of any portion
thereof at any time, without notice.
JURISDICTION
21. To
the maximum extent permitted by law, this Agreement is governed by the laws of Israel
and you hereby consent to the exclusive jurisdiction and venue of courts in Israel
in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any
jurisdiction that does not give effect to all provision of these Terms,
including, without limitation, this section.
SEVERABILITY
22. If
any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original provision and
the remainder of the Agreement shall continue in effect.
ENTIRE
AGREEMENT
23. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and TS with respect to the Website and it supersedes all prior
contemporaneous communication and proposals, whether electronic, oral or
written between the user and TS with respect to the Website. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties that
this Agreement and all related documents be written in English.
CHANGES
TO TERMS
24. TS
reserves the right, in its sole discretion, to change
the Terms. The most current version of the Terms will supersede all previous
versions. TS encourages
you to periodically review the Terms to stay informed of our updates.
CONTACT
25. TS
welcomes your questions or comments regarding the
foregoing Terms.
You may contact us at .
You may also reach us at [*].
Effective as of 1/3/2017.
DISCLAIMER
GENERAL
1.
Welcome to Travel Search .
2.
Travel Search (“TS”),
located at http://top-travel-search.com (“the Website”) makes every effort to ensure that any materials or
rates displayed on this Website are accurate as at the date of issue. Changes in market conditions or circumstances
may occur after the issue date which may make information displayed on this
Website no longer accurate or no longer reflect the current position.
3.
Unless otherwise provided, this Disclaimer shall
adopt all nomenclatures used in the Terms of Services and Privacy Policy on the
Website.
4.
Hotels
4.1
While TS makes every effort to work with hotels
which provide an acceptable standard of service and accommodation for the price
paid, TS hereby expressly disclaim any representation, warranty or undertaking
in relation to the quality or adequacy of any hotel listed on the Website.
5. Flights
5.1
TS hereby expressly disclaims
any representation, warranty or undertaking in relation to the accuracy,
completeness, quality or adequacy of any contents of the Website.
CONTENTS ON THE WEBSITE
6.
All information contained, posted and/or displayed
on the Website is for information purposes only.
7.
TS is not
and
will not be liable, either expressly or in an implied manner, and is not
responsible for,
without limitations, any physical and/or
emotional
problems that may
and/or could occur from any of the information on the Website.
DISCLAIMER OF
WARRANTIES
8. You agree that use
of the Website
is at your sole risk.
All information and content are provided on an "as is" and "as
available" basis.
9.
TS, its affiliates, agents and licensors cannot and do not
warrant the accuracy, completeness, correctness, non-infringement,
merchantability, or fitness for a particular purpose of the information,
materials and/or content available
through the
Website.
10. TS does not
guarantee the
Website to be error-free, secure, continuously available or free
of viruses or other harmful components.
11. You
also agree that if you rely on any data or information obtained through the Website,
you do so at your own risk. You are
solely responsible for any damage or loss that results from your use of any
material and/or data.
12. TS and the contents and/or information on the Website
are provided with the understanding that neither TS nor its users, while such users are participating in the
sites, are engaged in rendering legal, medical, counselling or other
professional services or advice. The contents and/or information on the website
are not
substitute for professional services or advice.
13. TS, its
affiliates, agents, and licensors make no warranty regarding any goods or
services referred to, advertised on, or obtained through our sites, other than
those express warranties TS itself specifically makes.
LIMITATION OF
LIABILITY
14. Under
no circumstances will TS or its
affiliates, agents or licensors be liable to you or anyone else for including but not limited
to any loss
and/or damages arising out of your use of any of the Website,
including, without limitation, liability for consequential, special,
incidental, indirect, or similar damages, even if we are advised beforehand of
the possibility of such damages.
THIRD PARTY
LIABILITY
15. By using the
Website, you agree and consent that any loss and/or damages arising out of or
in connection to, without limitation to the negligence, fault, mistake,
misrepresentation and/or fraud of the Third Parties and/or any Services
provided to you by the Third Parties is the responsibility and liability of the
individual and/or group of Third Parties, and you hereby agree that you will
only claim against and seek relief against the Third Parties and TS will be
free of any liability/responsibility whatsoever.
INDEMNIFICATION
16. In the event that TS
becomes a party to the third party proceedings, you agree to indemnify, defend
and hold harmless, without limitations, TS, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of without
limitations, the negligence, fault, mistake, misrepresentation and/or fraud of
the Third Parties and/or any Services provided to you by the Third Parties.
Effective as of 1/3/2017.