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://toptravelnow.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://toptravelnow.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.