Terms of Use

Terms of Use – Telavivian

Date: November 2023

Introduction
1. The use of the website https://telavivian.com (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Website and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
2. The use of the Website is restricted solely to legal purposes and is restricted to all individuals or entities.
3. The purpose of the Terms is to regulate the relations between the operator of the Website (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
4. The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website 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 Website.
5. The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of 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 Website at the time of Your use of the Website. Therefore and prior to any use of the Website, 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 Website.
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 Website, the provisions of the Terms shall prevail.
7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the website, 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.
8. The Service is active and accessible at all times, and You may use the Service at any time. However, the activity of the Website 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.
9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator via email [email protected]. 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.
10. 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.
11. 1.11.For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users to review information related to various businesses and events which are not owned and/or operated by the Operator, and the Operator does not determine any terms of Your engagement with such businesses and has no control over them does not determine, among other things, services, costs and payments related to any of them.
Definitions

“Content” means the Website, blogs, information on Businesses and/or Events available in the Website 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 Website, 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 Website including Your registration or any other use of the Service without creating an account.

“Businesses” and/or “Events” refer to third parties which their information appear via the Website.

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

“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 Website during Your use of the Website.

Subscription Terms
1. Users subscribing to the Service of the Website (the “Subscribers”) will be bound to the following terms in addition to all the Terms in this agreement.
2. To use the Services provided by the Operator, the User must subscribe to the Service by filling a form and providing details as requested by the Operator. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a subscription request and/or cancel a subscription plan, for any reason, under its sole discretion and without providing such reason.
3. It is possible to subscribe for subscription plans at prices appearing on the Website. The Operator may change the prices and plans at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases.
4. Subscribing to the Service is subject to a fee as decided by the Operator from time to time. The Operator reserves its right to increase or decrease such fee and/or to change the available subscription plans at its sole discretion and without any prior notice. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
5. The User may pay via credit card or any other method as determined by the Operator.
6. It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.
7. The Operator reserves its rights to shut down the Website or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the Subscribers will not be entitled to any refund and/or payment deduction paid by them for the Services.
8. The subscription is personal and non-transferrable.

Liability and Limitation of Liability
1. 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 Website and/or resulting from Your reliance on any Content and Service available on the Website including any of Your use of services offered by the Businesses.
2. The Operator has no relation and/or connection to the Events and/or Businesses and services offered by them or any other third party which their details are available on the Website, and none of these shall 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.
3. The information and Services available on the Website 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 if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
4. The Operator has no responsibility for any services and/or other things which are offered by the Businesses and/or Events via the Service. Any claims and/or demands You may have regarding a Business and/or Event, whether concerning Your use of such service and whether concerning its outcome should be addressed to such third party which provided and/or was supposed to provide You its services, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any service offered by Businesses via the Services.
5. The Operator has no responsibility for any of the services offered by the Businesses, and it is Your responsibility to verify all the relevant details regarding the above. Any claims and/or demands You may have regarding the Business and/or Event including, but not only, any dispute between Users and a Business which its details are available via the Service should be addressed to the third party including such Business, and you shall have no claim against the Operator regarding the above. It is Your responsibility to verify the details of the service offered by a Business and/or Event prior to Your engagement with their operators and/or owners.
6. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, 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 Website.
7. The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website 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 or User Content uploaded by You.
8. The information and Services available on the Website 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.
9. The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties including Businesses. 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.

Contacting Third Parties
1. You are solely responsible for contacting any third parties including, but not only, any private conversation with other Users and contacting Businesses. You hereby declare that You are aware that the Operator doesn’t necessarily verify all the information available on the Website, and You shall not have any claim against the Operator regarding false information received by another User. Without derogating from the above, the Operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content uploaded by third parties.
2. The ownership and the intellectual property rights of contents of third parties displayed in the Website 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 Website. 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.

Intellectual Property
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.
2. Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
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 Website without the Operator’s prior and written consent.
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.
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. The ownership and the intellectual property rights of contents of third parties displayed in the Website 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 Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
7. 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.

Use of Personal Information

The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.

Mailings
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”).
2. Upon registration, You may be requested to provide personal information. You may also be given the choice to accept to receive Mailings 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.

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

Term and Termination
1. 10.1.This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
2. 10.2.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. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.
3. 10.3.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 Website will be considered as consent to such amended terms.
4. 10.4.The Operator reserves its rights to shut down the Website 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.
5. 10.5.All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

General Terms, Governing Law and Messages
1. 11.1.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.
2. 11.2.The Account in the Website is personal and non-transferrable.
3. 11.3.If You have any inquiries regarding the Terms, You may address the Operator.
4. 11.4.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 Website.
5. 11.5.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, Israel, for any litigation and/or dispute arising out of this Agreement.
6. 11.6.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.