Terms of Use - Wheelerz
These terms of use govern your access and use of the website, application, products and services (the "Website" or the "Services") provided by Wheelerz, a private limited company incorporated under the laws of the State of Israel,or by any of its affiliated entities. The terms "we", "us" or "our" herein shall refer to wheelerz, and the terms "you" or "your" shall refer to the user or customer visiting the Website and/or using the Services.
About wheelerz: wheelerz aims to revolutionize the tourism world for travelers on wheelchair, and in the near future for with disabilities of all kinds,
by using a platform which includes: : (i) Hotel Booking Engine and Specialty Bookings; (ii) Personal reviews (with accessibility checklist specific for the travelers profile), discussion forums, blogs;
Use of the Website is conditioned upon your acceptance of these Terms of Use and by accessing or using the Website you agree to be bound to wheelerz' Terms of Use, Privacy Policy and any additional terms
as applicable and as may be modified from time to time (the "Terms").
Any and all use of the Website shall signify your acceptance and agreement to
the Terms made publically available on the Website at such time. If you do not
understand any of the terms set forth herein, please consult a lawyer for
clarification before accessing or using the Website.
General Use: By accessing or using the Website, you represent and warrant
that: (i) you are 14 years of age or older; (ii) you possess the legal
authority to enter into a binding contract with us; (iii) all information
provided by you on the Website is true, accurate, current and complete; and (iv)
you shall be completely responsible for any use of your account, including by
anyone other than you; (v) you acknowledge that the all and any content and
information available on the Website is proprietary to wheelerz (including as a
licensee of any third party proprietor); (vi) you are aware that we may, at our
sole discretion, deny access to the Website at any time and for any reason,
including, without limitation, cancellation of customer accounts for violation
of these Terms.
Prohibited Use: By accessing or using the Website, you agree that you will
not: (i) provide false or inaccurate information when registering an account on
the Website; (ii) use the Website information, content or communication systems
tor any commercial purposes; (iii) copy, modify, reproduce, publish, license,
transfer, sell, re-sell, transmit or display any information, content, software
or services available on the Website without our prior written permission; (iv)
attempt to interfere with the proper functioning of the Website by any means
whatsoever; (v) use the Website or any information or content therein in any
way which may be construed by us as abusive, incitive of violent, abusive or
criminal behavior, threatening, obscene defamatory, libelous, or racially,
sexually, religiously offensive; (vi) use the Website or any information or
content therein in any way which may infringe any third party patent,
trademark, copyright, trade secret or any other third party intellectual
property right.
Third Party Service Providers: Some of our Services include referral to and/or cooperation
with third party services and third party service providers, including, but not
limited to, accommodation facilities (the "Third Party Services" and "Third
Party Service Providers"). wheelerz is not a travel agency and none of the
Third Party Services or Third Party Service Providers are owned directly by wheelerz
and no information we provide concerning such Third Party Services or Third
Party Service Providers should imply our approval, endorsement, sponsorship,
approval or affiliation with any such Third Party Services or Third Party
Service Providers. Although wheelerz aspires to display current and accurate
information regarding the Third Party Services and Third Party Service
Providers, we take no responsibility for the accuracy or completeness of
information displayed on its Website which has been obtained from Third Party
Service Providers or from our customers and the users of our Website.
Similarly, links to the websites of Third Party Service Providers ("Third
Party Websites") may be provided on our Website for the sole purpose of
users' reference and convenience, and shall be accessed at the users own risk. wheelerz
does not control the Third Party Websites and shall not be held responsible for
their content. To the maximum extent permitted by law, wheelerz disclaims any
liability whatsoever for any misrepresentations made by any Third Party Service
Providers or Third Party Websites.
Our Information: Our Services include the provision of information, editorial
content and other tools to help you make more informed decisions and travel
arrangements. Much of this information is obtained by the independent research
performed by employees, consultants, contractors, service providers or others
on behalf of wheelerz. Although wheelerz aspires to display only information
which is current and accurate, we cannot guarantee or take responsibility for
the accuracy, completeness or usefulness of any information displayed on our
Website in editorial content or any of the Features described above. In
addition to information obtained by wheelerz, information displayed on many of
the Features described above rely on opinions, advice, statements, or other
information or content made available on the Website by our users, whether in
customer reviews, discussion forums, travel journals or blogs. Such users are
solely responsible for such content and wheelerz cannot and does not guarantee
the accuracy, completeness, or usefulness of any of this information on or
available through the Website and does not adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice, or
statement made by any party that appears on or through the Website. Under no
circumstances will wheelerz be responsible for any loss or damage resulting
from your reliance on information or other content posted on the Website or
transmitted to or by any user thereof, or from your reliance on information
posted in reviews, discussion forums, travel journals, blogs or comments made
on the Website by other users. To the maximum extent permitted by law, wheelerz
disclaims any liability whatsoever for any misstatements and/or
misrepresentations made by any users of the Website.
Travel Safety: By using our Services, you acknowledge that it is your sole
responsibility to consult the applicable medical professionals regarding the
safety, advisability, current medical recommendations and requirements prior to
embarking on any travel facilitated by the Services and to ensure that you meet
all medical requirements and follow all applicable medical guidance related to
any trip facilitated by use of the Services. wheelerz does not and should not
be construed as providing any form of medical advice, medical care, social
service or professional recommendation.
Bookings via the Website: By making a booking or reservation with a Third Party Service
Provider ("Third Party Booking(s)"), you agree and acknowledge that
you shall be bound by such Third Party Service Provider's own terms of
purchase, terms of use, privacy policy and any other additional related terms
as applicable. Third Party Bookings and any communication or interaction with
Third Party Service Providers shall be made at your own risk, including, but
not limited to any dispute or conflict involving an actual or potential
transaction between you and a Third Party Service Provider, including the
quality, condition, safety, legality or accessibility of a listed property, the
accuracy of the listing content, the Third Party Service Provider's ability to
provide the applicable service or your ability to pay for such service. In the
event that a reservation is available at the time of booking but becomes
unavailable before the receipt of such service, your sole remedy will be to
contact the Third Party Service Provider to make alternative arrangements or to
cancel your reservation. wheelerz shall not be liable for any acts, omissions,
errors, representations, warranties, breaches or negligence of any kind of any
Third Party Service Providers or for any injuries, damages or expenses
resulting thereof.
LIMITATION OF LIABILITY: THE INFORMATION, SOFTWARE, FEATURES, OPINIONS AND EDITORIAL CONTENT AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR
ERRORS, INCLUDING, BUT NOT LIMITED TO, RESERVATION AVAILABILITY, PRICING
ERRORS, INACCURACY, INADEQUACY OR INCOMPLETENESS OF INFORMATION PROVIDED BY THE FEATURES. WHEELERZ DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL
LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ANY HOTEL, VACATION RENTAL PROPERTIES, FLIGHT, CRUISE, CAR,
CAREGIVER, LOCATION, TRAVEL ITINERARY OR ANY OTHER FORM OF TRANSPORTATION,
CAREGIVERS, TOUR COMPANIES OR EQUIPMENT RENTAL FACILITIES OR ANY OTHER SUCH
DETAILS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING,
AVAILABILITY, PHOTOGRAPHS, GENERAL DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). WHEELERZ EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY, INFORMATIONAL AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WHEELERZ. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"WITHOUT WARRANTY OF ANY KIND. WHEELERZ DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM WHEELERZ, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHEELERZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. THE THIRD PARTY SERVICE
PROVIDERS REFERRED TO ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT
AGENTS OR EMPLOYEES OF WHEELERZ. WHEELERZ IS NOT LIABLE FOR THE ACTS, ERRORS,
OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH
SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER
DAMAGES OR EXPENSES RESULTING THEREFROM. WHEELERZ HAS NO LIABILITY AND WILL
MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE,
FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO
RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR
ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WHEELERZ
(OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN
ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR
WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING,
BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS
WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS,
AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE
ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF
NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WHEELERZ
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING AS STATED
OTHERWISE HEREIN, UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF WHEELERZ EXCEED,
IN THE AGGREGATE, THE GREATER OF: (A) THE AGGREGATE AMOUNT PAID BY YOU AND
RECEIVED BY WHEELERZ IN THE 6 MONTHS IMMEDIATELY PRECEDING THE APPLICABLE
CLAIM, OR (B) $100.00 ONE HUNDRED UNITED STATES DOLLARS.
Indemnification: You agree to defend, indemnify and hold harmless wheelerz, our
affiliates, and our and their respective owners, officers, directors,
employees, agents, and/or licensors, from and against any and all claims,
damages, obligations, losses, liabilities, costs and expenses (including but
not limited to attorney's fees) arising from: (i) your use of the Services;
(ii) your violation of these Terms or any applicable laws and regulations;
(iii) your violation of any third party right, including without limitation any
copyright, property, publicity or privacy right; including all actions taken
under your account.
Intellectual Property: The contents of the Website and all worldwide intellectual
property rights therein are and shall remain the exclusive property of wheelerz,
its licensors or Third Party Service Providers as applicable (the "IP
Owner(s)"). The contents of the Website is protected by copyright laws and
international treaty provisions and may not be copied, imitated or used, in
whole or in part unless prior written permission of such use has been granted
by the applicable IP Owner.
Open Source Software: Certain software code incorporated into, distributed or
otherwise used by the Website may be licensed by third parties under various
“open-source” or “public-source” software licenses (collectively, the “Open
Source Software”). By using the Website you agree to comply with the terms and
conditions of such open-source software license agreements. We reserve all
other rights not expressly granted in these Terms.
Reviews, Discussion Forums, Blogs: By providing content to the Website in any form, including but
not limited to any reviews, discussion forums, travel journals, blogs,
comments, images, videos or other submissions, you acknowledge that such submissions
are neither confidential nor proprietary, and you grant wheelerz an irrevocable
worldwide, nonexclusive, transferable and royalty-free license to use such
submissions at our sole discretion, in any fashion whatsoever and for any
purpose. Any interaction, message or communication between users of the Website
and any third party which is enabled by the Website shall be conducted at your
own risk and shall be your sole responsibility. wheelerz shall bear no
responsibility or liability for any content posted or uploaded by you to or via
the Website, or for any loss or damages incurred thereto, and shall not be
liable for any omissions, slander, libel, pornography or profanity you may
encounter from content posted or uploaded by other users. wheelerz reserves the
right to remove any content posted or uploaded to the Website at any time and
for any reason at its sole discretion. In the event that any content posted or
uploaded to the Website includes moral rights, you agree to waive and release wheelerz
from any claims in connection with such moral rights.
Governing Law and Jurisdiction: These Terms shall be governed by the laws of the State of
Israel. By using the Website you agree that any claim or dispute that has
arisen or may arise between you and wheelerz will be conducted exclusively by
the competent courts of Jerusalem, Israel.
Miscellaneous: The sections of these terms pertaining to the limitation of
liability, indemnification, governing law and jurisdiction shall survive the termination
of these Terms for any reason. If any provision of these Terms is determined to
be invalid or illegal then such provision shall be of no force or effect,
whilst all remaining provisions shall remain in full force and effect. These
Terms constitute the entire agreement between you and wheelerz with respect to
use of the Website and any rights not expressly granted herein are reserved.