IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
1. Acceptance of Terms
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at the following URL:https://english.ichotels.co.il/terms-and-conditions. By continuing to use the Services following such modifications, you agree to be bound by such modifications.
Prizes, publications and discounts are subject to the applicable terms of such prize, publication or discount, as they appear on the Services.
Subject to the terms and conditions set forth herein, Israel Canada hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license may be terminated by Israel Canada at any time.
3. Limitations on Use
Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Israel Canada IPR(as defined below); (iii) refer to the Services by use of framing; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Israel Canada or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through or use with the Services any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (viii) perform any act that destabilizes, interrupts or encumbers the Services or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (x) download or otherwise export or re-export the Services or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders; (xi) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account;(xii) make use of Meta Tags or Meta Data or other hidden text and/or sponsored links or search results of any search engine, which use any keywords that contain, are similar or identical to the trademarks of the network; or(xiii) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or its servers.You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
4. Ownership of Proprietary Rights
The Services, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trade-names and brands, services, texts, files, animation, images, sound, music, videos, organization, structure, specifications, Feedback (defined below), application "look and feel" and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto ("Israel Canada IPR") are the property of Israel Canada and/or its licensors who retain all right, title and interest in connection therewith.
No transfer or grant of any rights by Israel Canada is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Israel Canada IPR or otherwise, except for the limited license set forth in Section 2 above.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
5. Your Content
- Your Content. You shall have sole responsibility and liability for Your Content and for your use of the Services (collectively, together with Your Content, shall be hereby defined as "Your Use"). Israel Canada shall not be liable or responsible for Your Use or any parts thereof and shall be entitled, under its sole discretion, to remove or edit any of Your Use at Israel Canada'ssole discretion and without notice or explanation. Israel Canada does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of Your Use. You hereby grant Israel Canada a worldwide, irrevocable, perpetual, royalty-free license to use, host, store, display, reproduce, modify, adapt, edit, publish, and distribute and freely and fully exploit Your Content in any manner.
- Representations and Warranties. You represent and warrant to Israel Canada that Your Content: (i) comply withand will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights and the right to privacy, (ii) do not contain any threatening, offensive, racist, hateful, threatening, violent, sexually explicit, obscene, libelous, defamatory or otherwise inappropriate content, (iii) are free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).
- "Your Content" shall mean any and all content that you provide, upload, send or refer to through the Services.
- We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person. Without derogating from the foregoing, we may publish your Feedback with your Facebook profile name, your google account name and/or your email address.
You may book services offered in the Services all in accordance with Israel Canada’s Orders and Cancellation Policy available at: https://english.ichotels.co.il/cancellation
All prices are in NIS and include VAT. Fees may change from time to time, subject to Israel Canada’s sole discretion. The price that will apply to the booking will be the price shown at the time of placing the order of the booking. The availability of the services in the Services may be limited and Israel Canada reserves the right to modify or remove services offered in the Services, at its sole discretion, and these Terms do not Israel Canada to offer or provide any services.
Images of the rooms, facilities and services in the Services are for illustration purposes only. There may be differences between the images displayed on the Services and the actual services provided, including without limitation, décor, accessories and color differences.
In the event that the booking is not subject to payment in advance, we may ask you for credit card information as security for the purpose of saving your booking. If you cancel the booking not in accordance with Israel Canada’s cancellation terms, we may charge a fee for such cancellation in accordance with the policy available at: https://english.ichotels.co.il/privacy-policy.
7. User Warranties and Representations
You represent and warrant to Israel Canada that: (a) you have, and will have at all times, all rights, licenses and consents required for your use of the Services, including without limitation in respect of the provision of and license to Your Content provided to Israel Canada herein; (b) you and Your Use will comply with all applicable laws; (c) you are not located in or a national or resident of any of the countries or entities referred to in Section3 (x) above and/or any country or entity 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 are not listed on any U.S. Government list of prohibited or restricted parties; and (d) you at least eighteen (18) years old and will monitor your account to ensure that no minor under that age has access to the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE ISRAEL CANADA IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION ISRAEL CANADA IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ISRAEL CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
ISRAEL CANADA DOES NOT WARRANT THAT THE ISRAEL CANADA IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ISRAEL CANADA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ISRAEL CANADA IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE ISRAEL CANADA IPR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL ISRAEL CANADA AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE ISRAEL CANADA IPR OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY CHERRY SWEEP. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING ISRAEL CANADA WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, ISRAEL CANADA'S AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any information provided on or through our Services should not be regarded in any manner as a substitute for professional, legal, financial or real estate advice.
You agree to defend, indemnify and hold Israel Canada and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or Your Use; (ii) any third party claim in respect of Your Use; (iii) any breach of these Terms.
12. Third Party Content
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Israel Canada IPR immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 3, 4, 5, 7-14.
(i) These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; ; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Israel Canada could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Israel Canada may otherwise be inadequate and Israel Canada shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Israel Canada shall not be required to post bond as a condition to obtaining or exercising anysuchremedies, and you hereby waive any such requirement or condition;(iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) these Terms are the entire agreement between you and Israel Canada regarding the subject matter herein; (v) Israel Canada may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Israel Canada. Any unauthorized assignment will be void and of no force or effect; (vi) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Israel Canada any rights, remedies or other benefits under or by reason of these Terms; (vii) Israel Canada's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Israel Canada as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: [email protected]
Last updated February 1, 2021