Welcome to www.HolidayGo.com (the "Website"), an online resource center for the tourism industry. The Website is owned and operated by WinHelp Ltd ("WinHelp", "We" and "Our").
These Terms apply to the use of the Website and the services and content included therein by every computer or other communication means (like cellular phones, PDA's, etc.). These Terms further apply the use of the Website via the Internet network or any other communication networks.
This is the formal English version of the Terms. The English version of these Terms, or any of the Binding Documents, will prevail in any case of discrepancy between the English version and any translation of the Binding Documents to any other language.
About the Website in a nutshell
The Website provides an advertisement platform for the tourism industry and offers you information about holiday destinations based on your personal preferences. It offers you various services, enabling you to create, contribute, advertise and publish content, share it with other users, and participate in Our online services (Collectively: "the Services"). Inter alia, the Website presents accommodation options worldwide for all classes, from tents through B&B, agro-tourism, farmhouses and up to luxury hotels and palaces. All accommodations are presented using a template page that is updated and maintained by information that the accommodation owner provides. Accommodation owners are invited to complete Our easy registration process and start advertising their services.
In addition, the Website presents trip ideas and route suggestions from all over the world, divided by country, region or city. Our users can find various trip ideas from one day-long to 10 days and more. Every trip is accompanied by relevant images and video clips. All trip ideas, images and videos are uploaded by Our users and shared from their own traveling experience. Users of the Website can further comment on the Website's content and Services through Our online forum.
Acceptable use of the Website
You may not use the Website for commercial purposes. You agree not to use the Website for such purposes without WinHelp's prior explicit written consent. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
While using the Website, you agree to refrain from willfully, or carelessly –
§ Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
§ Interfering with, burdening or disrupting the functionality of the Website;
§ Circumventing or manipulating the operation, or functionality of the Services;
§ Posting false, inaccurate, or misleading content;
§ Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with WinHelp, or in such ways that might impair or disrupt the Website's functionality;
§ Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
§ Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
§ Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
§ Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
§ Abusing, harassing, threatening, impersonating or intimidating other users;
§ Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful action;
§ Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
User generated content on the Website
We offer you a variety of Services and ways to use content on the Website, whether your own content or of other users (i.e. trip ideas or public comments on Our forum). In addition, accommodation owners will furnish and update their accommodation page with content on their behalf. You may upload or otherwise make your content available when using the Website (for convenience purposes We will name all of these actions as "Post” or “Posting"). We do not warrant or guarantee that any content that you wish to Post on the Website will be posted or that We will Post it indefinitely.
We encourage free speech and open discussion on the Website. Users (including accommodation owners) may Post comments and content, in some sections of the Website We designated for such purposes. You may find some of the comments Posted therein inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. We do not endorse any user content when it is published on the Website and its publication does not attest to Our acceptance of it. To enable a civilized discussion and to prevent abuse, WinHelp may examine such content, before and after publishing it on the Website.
By Posting content on the Website, you accept you are fully accountable for any consequences resulting from Posting the content. You must ensure that such content and its use on the Website are lawful. Among other things, you must not Post any content on the Website which may reasonably deemed to be -
§ Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets;
§ Identifying minors, their personal details or their address and ways to contact them;
§ Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or harmful computer code;
§ Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration;
§ Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
§ Constituting defamation of a person or violating a person's right for privacy or right of publicity;
§ Commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material which is not related to WinHelp and/or its Services, unless you received Our prior consent, and subject to the terms of such consent;
§ Prohibited by any applicable law, including court restraining orders, to be Posted, published, disseminated, or otherwise made available to the public;
§ Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
§ Unsolicited commercial communications ('SPAM'), chain letters or pyramid schemes.
§ Misleading a consumer;
WinHelp may review Posted content and delete, remove or block it, or refuse to Post it on the Website, without any prior notice, in Our sole discretion, for any reason that We may consider to be justified, including, without limitation –
§ Preventing misuse of the Website and the Services;
§ When We deem the content to be in breach of the Terms, or an infringement of any applicable law;
§ When your user account is canceled, either by yourself or by WinHelp;
§ When the owner of content that you have Posted wishes it to be removed, whether as result of a person's complaint, or of Our own initiative.
Under no circumstances will any of the above be construed as an obligation on Our part to review, or monitor users content on the Website.
We may also delete content after a certain period of time from initial Posting. Consequently, you might not find content that you or any other user previously Posted on the Website. Should We decide to publish any content that you Posted on the Website – We may edit such content, in Our sole discretion, including shortening it.
Unless written otherwise, the content you Post to the Website will be exposed to all Internet users. Please exercise caution and common sense when submitting personal details and concerning responses you receive further to the use of the Website or Posting any of your details thereon.
Use of the Website and the Services is intended and permitted for persons of 18 years of age or older. By using, accessing or registering with the Website you hereby declare that you are of 18 years of age or older. If you are under the age of 18 you must avoid any use of the Website or the Services.
We reserve the right to terminate an account, if We find a user is less than the minimum age. We may request additional information to confirm your age at any time. Any user found to be under the minimum age will have their account terminated.
Registration and user account
The Website serves all Internet users. However, certain Services may be available to registered users only.
You agree to maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.
WinHelp may deny, or cancel your account, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your account by sending you a message to the e-mail address that you provided during the registration process. The cancellation will come into effect on the date stated in the message. Such notification may come into effect immediately. In addition, notwithstanding any remedies that may be available to WinHelp under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing the Website, remove content that you have Posted on the Website and take technical and legal steps to keep you off the Website, if we think that -
§ You have abused your rights to use the Website or the Services; or,
§ You have breached the Terms; or,
§ You deliberately submitted false information; or,
§ You have performed any act or omission that violates any applicable law, rules, or regulations; or,
§ You have performed any act or omission which is harmful or likely to be harmful to WinHelp, or any other third party, including other users and suppliers of WinHelp; or,
§ You made use of Our Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
§ You conveyed your password to another person; or,
§ You have abandoned your account; or,
§ You are in debt to us or to another person with respect to any transactions made on or through the use of the Website.
We may require you to pay fees to use certain services ("fee-based services") on the Website, such as premium Services for vacation rental owners or advertising services. The rates and payment terms shall be posted at the relevant web pages on the Website. We may, at any time and in our sole discretion, transform a free of charge service to a fee-based service, and change any rates and payment terms. Failing to settle your payments for a fee-based service will prevent you from further using the service, notwithstanding any other remedies available to WinHelp under the applicable law. All fees are quoted in U.S. Dollars, unless expressly stated otherwise. Any changes in WinHelp's fee schedule will take effect immediately after being posted on the Website.
The newsletters may contain marketing material and advertisements.
At all times, you may ask us to stop sending you further newsletters. Each newsletter message that you receive contains details that you must follow to unsubscribe. Your request will be processed within 5 business days.
We may decide, in Our sole discretion, to discontinue this service, or any part thereof, temporarily or permanently, to certain subscribers, or altogether.
Advertisements and links to other sites
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
The Website may also include paid advertisements, sponsored or free links and commercial or non commercial information (the "Advertisements"). Such Advertisements may include affiliated links to Our business partners, in order to offer you the possibility to book and order hotels, cars or flights online. By clicking the Advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
Requests to remove Content
We respect the intellectual property rights of others, as well as their right to good name, right to privacy and any other applicable right (the "Rights"). Any requests to remove content from the Website, or counter requests to repost content, on grounds of mistake or misidentification of the content shall be made in accordance with the Website's Content Removal Policy. After receiving a request to remove or re-post content on the Website, We may act as We deem fit, in accordance with the applicable law.
All rights, title and interest in and to the Website (except – as provided below - for users' and third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to WinHelp. The Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website or the Services.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from WinHelp.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish Our goodwill. Trademarks and advertisements of WinHelp on the Website are the exclusive property of WinHelp.
We do not claim ownership over content, such as text, video and images that you Post to the Website. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to Post and use such content on the Website, in accordance with the Terms.
By submitting content, including data, images, sounds, text, ideas, concepts, know-how, or techniques for Posting on the Website, and including any and all communications that you make with other users on or through the Website, you grant WinHelp a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Website, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content.
DISCLAIMER OF WARRANTY
THE WEBSITE AND THE SERVICES AND CONTENT INCLUDED WITHIN ARE PROVIDED FOR USE AS IS. They cannot be customized to fulfill the needs of each and every user. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE do not warrant that THE WEBSITE will operate in an UNINTERRUPTED or error-free manner, OR THAT IT WILL ALWAYS BE AVAILABLE or free from all HARMFUL components. YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE WEBSITE is ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, at your own risk.
A correct professional counsel depends on the exact circumstances of each and every case. The content on the Website is not a substitute to such counsel. This is true especially and in particular for the content posted in communities (forums) and OUR TRIP IDEAS SECTION. Such content is not a substitute to professional counsel where such are required. Such content may sometimes reflect a certain approach or personal opinion of the writer. Therefore it should be treated with the necessary caution. If you decide to rely upon the content posted on the Website or to act thereupon, you bear the full and sole responsibility to your act and to the resulting consequences.
LIMITATION OF LIABILITY
WINHELP, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH OTHER USERS ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTION OF SUCH ERRORS, OR MALFUNCTIONS, OR A FULL OR PARTIAL REFUND, IN OUR SOLE DISCRETION, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless WinHelp, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from WinHelp, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, the content that you Post on the Website, any communications that you convey through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the Website, or your violation, or infringement of other persons rights.
From time to time, We may change the Website's layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks of WinHelp and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Termination of operation
WinHelp may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. WinHelp will publish a termination notice reasonable time prior to the termination of the Website. WinHelp will maintain backup copies of the content on the Website for additional reasonable time, and afterwards will be entitled to delete the content without maintaining any backup copy thereof and without giving additional notice.
You agree and acknowledge that WinHelp does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.
These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.
The competent courts in the City of Tel-Aviv-Jaffa, Israel, shall have sole jurisdiction over any claim in connection with the Website and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept service of process by mail, or by electronic mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you
Amendments to the Terms
WinHelp may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect after an initial notification was posted on the Website's homepage or after any other relevant web pages on the Website, was posted.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Website.
WinHelp advises you to periodically read the Terms, as they may change from time to time.
The Binding Documents constitute the entire agreement between you and WinHelp with respect to the subject matter herein and supersede any and all agreements. No waiver, concession, extension, representation, alteration, addition or derogation from the Binding Documents or pursuant hereto shall be effective unless effected in writing and expressly.
Changes in Ownership
We may incorporate the Website as a separate company or transfer ownerships rights and title in the Website to a third party, provided that your rights according to the Binding Documents are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.
The section headings in the Terms are included for convenience only and will take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of the Terms or the termination of the Website's operation.
Correction of errors
We put great effort in ensuring the reliability of facts and information that We Post on the Website. However, errors may sometimes occur. If you think that any information or publication that We have Posted on the Website is erroneous, contact us by using the contact us form on the Website.
We may contact you and send you notice via e-mail, regular mail, Short Message Services ('SMS'), fax messages and postings on the Website. You may contact us by using the contact us form on the Website, or by using our contact details hereunder. We reserve the right to publish in public – including on the Website - any communications with you, as long as your personal details shall not be revealed without your prior consent. All communications between us shall be deemed as received after one business day.
Our contact details:
Address P.O. Box 5182 Herzeliya Israel.
Last revised on: May 2011.