TERMS OF USE
1. Acceptance of Terms
These Terms of Use ("Terms") you are reading are a legally binding agreement between Holisto Ltd. (Israeli registration number 515341535) and Holisto Inc. (Delaware registration number 6368309) (collectively, "Holisto" (which term shall is deemed to include any subsidiaries and affiliates of "we" or "us") and yourself ("you")). Holisto is, among others, the owner, provider and operator of the Service (as defined below), provided through this website, owned and operated by Holisto (“Website”).
By clicking on the "I Agree" or such similar button provided by Holisto prior to accessing the Service and/or by otherwise accessing and/or using the Service, you represent that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Please note that the term "you" also includes any company/corporation or other entity/organization on whose behalf you are accepting these Terms, to the extent applicable. If you do not have the requisite authority, you may not accept these Terms and/or use the Service on behalf of any company or other entity/organization.
Holisto reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and to cancel any Account(s) (as defined below) you have created for use of the Service.
If you violate the Terms, Holisto reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Service. You agree that Holisto does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You agree that Holisto may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
The Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or Service available through our Service for any commercial or competitive activity or purpose.
You declare that by acceptance of these Terms and/or by using the Service you are of legal age to form a binding contract with Holisto, and in any case, at least 18 years of age. If the Service or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Service, and must refrain from using the Service. Further, the Service is intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from use of the Service or any part thereof or receipt of the Service or any part thereof, under any applicable laws, including but not limited to sanctions laws of the United States, Israel or any other applicable jurisdiction (the “Legal Capacity”). You may not use the Service or any part thereof if you are not of Legal Capacity (e.g., you may not use the Service or any part thereof if you are working on behalf of a Specially Designated National (SDN) or a person subject to similar prohibitions administered by a Unites States government agency). Please be aware that we are not and shall not be held liable for any breach of this requirement.
2. Grant of License
Subject to your agreement and compliance with these Terms, including payment of the applicable service fees, if such are payable as part of the Service, Holisto grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
3. Description of Our Service
Holisto has developed a unique online platform allowing users to book accommodations (i.e., hotels, guest houses, motels, etc., all as may be available from time to time in the Platform) (each a “Booking”) deals (the "Platform"). The types of services currently offered by Holisto, by itself or through its subsidiaries or affiliates, are detailed in the Services Description, available here; holisto.com (the “Offered Services”). Holisto may also provide, currently or in the future (but with no obligation whatsoever by Holisto to do so), certain additional services, features, content and/or any other offerings (collectively, the “Related Services” and together with the Platform and the Offered Services, the “Service”). The term “Service” herein shall be deemed to apply to the Platform, to the Offered Services and to any Related Services provided or made available by Holisto from time to time, if any.
Please note that a Booking is made directly with a third party supplier and not with us. We’re not a ‘contractual party’ to your Booking. The Platform only shows accommodations that have a commercial relationship with us, as they have been made available to us by their respective providers, and it doesn’t necessarily show all their products or services. We make commercially reasonable efforts to ensure that information regarding Bookings made available on the Platform is accurate, complete and correct, however we cannot always guarantee that it is so, and accordingly, we assume no responsibility or liability of any kind, and you hereby expressly release us from any such responsibility or liability, for any loss, damage, fees and expenses, or other issues arising due to any inaccuracy, omission or incorrect or misleading information in the description of any Booking made by you. Any complaints, claims or demands that you have in connection with any of the foregoing, should be taken up directly with the third party supplier of the accommodation for which Booking was made or other applicable provider(s). You may request our assistance in resolving any issues or disputes in connection with any of the foregoing, and we may (but on no manner are we obligated to) provide you with appropriate assistance.
Additional Services:
· Tip - you have an option to give cash tips to holisto.com at your sole discretion.
· VIP package – you may opt for VIP services, which will afford you 24/7 phone support, priority VIP phone line and average answer time of 90 sec. The VIP package is offered at an additional price, detailed in holisto.com payment page.
Please note that payments you made in connection with the additional services detailed above, are non-refundable in any event.
Deposit:
Certain Bookings will allow you to place a deposit with Holisto, on account of the overall payment to be made for such Booking. This deposit will allow you to maintain the booking original price, while paying the remainder at a later date. The deposit will be used only as an advance on the payment to be made for the Booking and for no other purpose. This deposit is non-refundable, in any event, even if the terms of the Booking allow for a refund. Accordingly, please note that if you fail to pay the full amount for your Booking, in a timely manner, as required by the terms of such Booking the deposit will not be refunded and the Booking will be cancelled without any reimbursement. For the benefit of the doubt, in case of cancellation, no refund will be provided, neither e-credit, or any other form of reimbursement.
During check-in, the reservation holder must provide a valid photo ID and credit card. The credit card is essential for covering any extra accommodation provider-specific service fees, incidental charges, or fees that the accommodation provider may impose on the customer at the time of checkout. These charges, whether they are mandatory (e.g., resort fees) or optional (such as parking, phone calls, or minibar charges), are not encompassed within the room rate unless explicitly specified otherwise. In addition, in order to cover these potential costs, accommodation provider might hold a refundable amount (usually called either an “incidental deposit” or “security deposit”) at check-in. We don’t have any control over such amounts and/or the terms and conditions thereof, and such is subject entirely on the applicable policies of the accommodation provider. We urge you to familiarize yourself with any such policies, prior to making a Booking.
4. Access to the Service
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Service. Holisto does not provide you with the equipment to access and/or use our Service. You are responsible for all fees charged by third parties related to your access and use of the Service (e.g., charges by Internet service providers or air time charges).
Account Information
In order to register to our Website, you may (but not necessarily) be required to create an account. During the process of creating an account ("Account(s)"), you may be required to select a username (which can be an email address and/or a phone number) and a password ("Account Information" / “Login Information”). The following rules govern the security of your Account(s) and Login Information, if applicable. For the purposes of these Terms, references to Account(s) and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service, including any account information related to a social network service account from which the Service is accessed:
a. You shall not share your Account(s) or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account(s).
b. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account(s), you must immediately notify Holisto and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
d. You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
e. You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned; and/or
f. Holisto reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
Any personal information you provide to us when creating or updating your Account(s), which may include your name, e-mail address, picture, friends list, and any such other information, will be held and used in accordance with Holisto's Privacy Policy available at https://www.holisto.com/privacy-policy ("Privacy Policy") which constitutes an integral part of these Terms. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. You represent and warrant that you have full right and authority to provide Holisto with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
5. Fees; Payments
All Bookings made through the Platform are subject to applicable fees, in the amounts and on the payment terms, as detailed in the applicable Booking. Holisto is not responsible for any charges or expenses you incur as a result from being billed by Holisto in accordance with these Terms. All fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in United States dollars, and fees are based on Service purchased and not actual usage.
You hereby agree and acknowledge that any payments made by you in the Platform shall be paid to and collected by Holisto’s US subsidiary – Splitty Travel Inc., who acts as merchant of record for the purposes hereof. Nevertheless, any and all communications related to payments, refunds, payment terms and the like, should and may only be made through Holisto, in accordance with the relevant provisions hereof.
Payment is safely processed through a third party payment processor (such as PayPal) ("Payment Processor"). In the event of credit card fraud or unauthorized use of your Account(s) by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In addition, you agree: (i) that the services of Payment Processors may be used to process transactions; (ii) to review and be bound by the Payment Processor's terms of use and privacy policy; (iii) to only provide valid and current information for yourself; and (iv) that all payments made are final and non-refundable, except only as provided for herein. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.
6. e-Credit Terms
In the event you are granted with an electronic credit ("e-Credit") as a reimbursement, refund or pursuant to our "Best Price Guarantee" as appears on our Website and as may be revised by us from time to time in our sole discretion, the following terms shall apply:
a. The e-Credit shall be valid for one year from the date of issuance, until 12:00 am GMT on the last day. For example, if your e-Credit is issued on 2024-01-05 20:00 GMT+0, you will have until 2025-01-05 00:00 GMT+0 to redeem the e-Credit.
b. The e-Credit is non-transferable and can only be used by the same account in which the e-Credit has been deposited. The e-Credit cannot be combined with or applied to other e-Credit, coupons, promotions, special offers etc. The e-Credit will be used with the provided link sent to the customer in the e-Credit email.
c. Any and all taxes, fees, charges and levies in connection with a Booking, are applicable to your Booking, and the e-Credit may not be applied to them. The e-Credit cannot be applied to the cost of cancellation or change penalties, postpaid Bookings, administrative fees, or other miscellaneous charges.
d. The e-Credit will be deemed fully used once a qualifying Booking has been made and will not be returned or replaced, even in the event that such Booking is cancelled. If the travel dates are changed after the use of the e-Credit, then the e-Credit will not apply to such changed travel schedule. There shall be no residual value and no credit will be issued if a purchase amount is less than the e-Credit amount. You will be responsible for the cost of the Booking above the value of the redeemed e-Credit.
e. The e-Credit will not be redeemable for cash in any event.
7. Account Termination
Holisto may refuse access to the Service or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Service, User Content (as defined below), products, or Holisto's intellectual property as determined by Holisto in its sole discretion. You may lose your user name as a result of Account termination, without responsibility on the part of Holisto for any damage that may result from the foregoing. If you have more than one Account, Holisto may terminate all of your Accounts.
In addition to the foregoing, Holisto may selectively remove, revoke or garnishee Benefits associated with your Account(s). "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or offline elements or features of the Service, and include but are not limited to customer content, digital and/or virtual assets. If your Account(s), or a particular subscription for a Service associated with your Account(s), is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account(s), no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account(s) or Benefits associated with your Account(s) or the Service (or any part thereof).
You acknowledge that Holisto is not required to provide you notice before suspending or terminating your Account(s) or selectively removing, revoking or garnisheeing Benefits associated with your Account(s). In the event that Holisto terminates your Account(s), you may not participate nor make use of the Service again without Holisto's express consent. Holisto reserves the right to refuse to keep accounts for and provide access to the Service or any future service or any part thereof to, any individual. You may not allow individuals whose Account(s) have been terminated by us to use your Account(s). If you believe that any action has been taken against your Account(s) in error, please contact us at: contactus@holisto.com.
You are solely responsible to preserve the originals of any content you provide and/or upload to the Service. Holisto does not guarantee that any content will always be available through the Service. Do not rely upon the Service as a storage space for such content.
8. Refunds and Cancellations
In addition to these Terms, Holisto's cancelation policy, as approved by you when making any Booking, and additional policies and terms and conditions of purchase imposed by the third party supplier with whom you elect to deal may apply (together, the "Additional Terms"). Please read any applicable Additional Terms carefully. If you cancel a Booking or fail to show up, any cancellation/no-show fee and any refund will depend on the third party supplier’s cancellation/no-show policy. Some Bookings can’t be cancelled for free, while others can only be cancelled for free before a deadline.
Please note that Bookings which are non-refundable are also not amendable.
Any request for a refund for a Booking made and approved by you will be subject to the Additional Terms and applicable laws.
Once we receive your request for a refund, we will inspect it and notify you with its status.
Holisto is not responsible for any taxes, levies, charges or expenses of any kind (including without limitation any cancellation fees) you may incur as a result of any payment made by you pursuant to your use of the Service or through the Platform.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible.
If you book by paying in advance (including all price components and/or a damage deposit if applicable), the applicable third party supplier may cancel the Booking without notice if it can't collect the amounts due on the applicable date specified. Any non-refundable payment you’ve made will only be refunded at their discretion. It's your responsibility to make sure the payment goes ahead on time.
If you think you're not going to arrive on time, please contact the applicable third party supplier and inform when they can expect you, so they don't cancel your Booking. We are not liable for any consequences (such as the cancellation of your Booking, or any fees that you may be charged) in connection with your failure to arrive on time or for your no-show.
eCredits:
Certain Additional Terms will provide for a refund (or a partial refund, as applicable) in eCredits, instead of cash. eCredits are credits that can be utilized with certain providers (such as accommodation providers), in lieu of cash, in order to pay for services of such providers, within a certain timeframe, in accordance with the respective terms of the eCredits. The specific terms applicable to eCredits are specified in the Additional Terms, including the manner in which such eCredits may be used, their expiration term and other terms.
You are encouraged to read the Additional Terms carefully because they contain important information about your Booking.
If you have any questions on how to ask for a refund please contact us at contactus@holisto.com.
9. User Content
You agree that any content published by you through the Service, if such option is made available by Holisto, is done so through the use of technology and tools provided by Holisto. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You hereby grant Holisto the right to act as an agent on your behalf as the Service operator.
We do not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Service by any user ("User Content"). However, by sending and/or creating User Content and/or using the Service you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Service and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by us associating such User Content with your user information, user name and/or profile picture. We may retain any raw material that you submit and make internal use of such material including for testing purposes. You hereby agree that any of our users may view and use the User Content. You may request that we delete and make no further use of such material by contacting us at: contactus@holisto.com.
We may or may not regulate User Content and provide no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
We reserve the right (but shall at no time be obligated) to, in our sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
10. Communication Channels
The Service may, in the future, provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Service. Holisto is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Holisto may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Holisto, and these communications should not be considered reviewed or approved by Holisto. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Holisto be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Holisto is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
11. Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Holisto or other users, and that you shall not act in bad faith in your use of the Service. If Holisto determines that you have acted in bad faith and/or in violation of these Terms, or if Holisto determines that your actions fall outside of reasonable community standards, Holisto may, at its sole discretion, terminate your Account(s) and prohibit you from using the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
a. Create Account(s) with or access the Service if you are barred from receiving the Service under the provisions of these Terms or any applicable law;
b. Promote, host, display or implement the Service on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Holisto at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate Holisto's Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the Website; or (vi) infringe any right of any third party or violate any applicable law or regulation;
c. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
d. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
e. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Holisto or by applicable statutory law), modify or alter any part of the Service;
f. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
g. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
h. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
i. Create false personas, multiple identities, multiple user Accounts (except for a bona fide purpose in order to acquire the Service), set up Account(s) on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
j. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
k. Upload or transmit (or attempt to upload or to transmit), without Holisto's express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
l. Improperly use support channels or complaint buttons to make false reports to Holisto;
m. Develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
n. Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Holisto or otherwise disparages or devalues Holisto's reputation or goodwill;
o. Make representations with respect to Holisto not approved in advance and in writing by Holisto. You shall obtain Holisto's prior written approval to the content of any marketing message, and with respect to any use of Holisto's trade name and/or trademarks and/or designs in connection with the Service;
p. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account(s) to anyone without Holisto's prior written consent;
q. Access or use Account(s) which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account(s) creator without Holisto's prior written consent;
r. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
s. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
t. Attempt to use the Service on or through any service that is not authorized by Holisto. Any such use is at your own risk and may subject you to additional or different terms. Holisto takes no responsibility for your use of the Service through any service that is not authorized by it;
u. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; and/or
v. Interfere with the ability of others to enjoy using the Service, including disruption, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Without derogating from any of the foregoing, you hereby agree that any Booking must only be made for the purpose of actually staying in the accommodation for which such Booking is made, and not for any other purposes whatsoever, including for the purpose of test bookings, room blocking and the like. Any such Booking made in violation of the foregoing shall be deemed a material breach of the Terms and shall entitle us to terminate your Account(s) and prohibit you from using the Service, as well as to all other remedies available to us hereunder or under applicable law or contract.
12. Intellectual Property Ownership
Holisto and/or its affiliates retain all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Service Materials"). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Holisto's explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Holisto. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties.
Holisto and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
You are not required to provide Holisto with any feedback or suggestions regarding the Service or any of the Service Materials. However, should you provide Holisto with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any of the Service Materials, then, subject to the terms and conditions of these Terms, you hereby grant Holisto a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Holisto chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Holisto's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Holisto chooses, but without reference to the source of such comments or suggestions.
13. Disclaimer of Warranty; Limitation of Liability; Indemnification
Holisto cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Holisto takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Service, of the content of any sites linked to the Service, of any Third Party Materials (as defined below) and assume no liability or responsibility for any:
a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Service;
c. Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
d. Any interruption or cessation of transmission to or from the Service;
e. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; and/or
f. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Service.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US$100.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.
You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
a. Your use of and access to the Service;
b. Your violation of any term of these Terms;
c. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
d. Any claim that any user submission made by you has caused damage to a third party; and/or
e. Any User Content you post or share on or through the Service.
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. "Force Majeure" referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.
Furthermore, Holisto cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Holisto takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
14. Dealings with Advertisers
Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Holisto will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service, including, for the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Service.
15. Third Party Material
You may be able to access, review, display or use third party Service, resources, content, data, information, software code and/or links to other websites or resources ("Third Party Materials") via the Service. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Holisto disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Service. You acknowledge and agree that Holisto: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Service on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (iii) does not make any promises to remove Third Party Materials from being accessed through the Service; and (iv) does not endorse or recommend in any way any Third Party Materials. Your ability to access or link to Third Party Materials or third party Service does not imply any endorsement by Holisto of Third Party Materials or any such third party Service.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of Holisto's rights and remedies under these Terms and/or under law, Holisto will be entitled, at its sole discretion, to immediately discontinue the Service or any part thereof, including the termination of your Account(s), in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Holisto cannot grant permission to use third party content.
16. Platform Content
We attempt to provide accurate descriptions of the content, information, products, services and prices (collectively, the “Content”) included on the Platform and/or the Website. However, we cannot and do not warrant that descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. More specifically, we do not guarantee and expressly disclaim and liability in connection with errors or inaccuracies related to the description and pricing of the products and services presented on the Platform and/or the Website, including without limitation, hotel description and other travel products and services displayed on the Platform, and the pricing and photographs thereof.
It should be noted that some of the Content presented on the Platform, especially information regarding pricing and availability, is based on information that we receive from third parties. Such information may include errors and inaccuracies or be based on availability. Therefore, we do not assume any liability in connection with such information and reserve the right to cancel any Bookings made in connection with such third party information. WE RESERVES THE RIGHT TO CORRECT PRICING ERRORS ON THE PLATFORM AND/OR THE WEBSITE AND/OR CANCEL BOOKINGS MADE UNDER AN INCORRECT PRICE. In case of a cancellation, you will not be charged for the Booking, Booking or cancellation of any product or service. In cases in which you made any advance payment towards a cancelled transaction, we will refund such payment to you.
IT SHOULD BE NOTED THAT ALL THE PRODUCTS AND SERVICES PRESENTED ON THE PLATFORM AT ANY TIME AND FROM TIME TO TIME, AS WELL AS THEIR RESPECTIVE PRICING, ARE LIMITED IN QUANTITIES AND SUBJECT TO AVAILABILITY. WE DO NOT ENSURE THE AVAILABILITY OF SERVICES AND PRODUCTS AND MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. We receive multiple orders and Bookings simultaneously and therefore, in some cases, orders and Bookings may exceed the quantities available for sale. We reserve the right to cancel Bookings and orders in case that the services and products ordered are no longer available or in the event that they are no longer available at the price presented on the Platform. In case of a cancellation, you will not be charged for the Booking, Booking or cancellation of any product or service. In cases in which you made any advance payment towards a cancelled transaction, we will refund such payment to you.
We do not recommend or endorse any specific product, service, ratings, opinions, or other information that may be included on the Platform and/or the Website. Ratings displayed on the Platform are based on customers’ reviews and third party information and we do not guarantee the accuracy of the ratings or the description of the products or services on the Platform. We make no representations regarding the amenities offered by any accommodation or characteristics or features of any other products or services presented on the Platform.
Some of the Content on the Platform is owned by GIATA, Copyright GIATA 2015-2024, client ref. 126221. Upon request, we will notify you, with respect to any specific Content to which such request applies, whether or not such Content is owned by GIATA.
17. Links, Search Engines
The Service may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of Holisto and Holisto is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Holisto is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Holisto of any website/service or any association with its operators. You acknowledge and agree that Holisto will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Service available on or through any such website, service or resource.
18. Copyright Infringement Notification
While using the Service you may encounter copyright infringement. Please see the procedure for making claims of copyright infringement set forth below. Our policy is to respond to notices of alleged copyright infringement in accordance with the procedure described below.
If you believe that your material or anyone else's material has been used or published in the Service in a way that constitutes copyright infringement, or your or anyone else's intellectual property rights have been otherwise violated, please provide us with a formal notice in accordance with the procedure set forth herein and containing the following information:
a. Identification of the specific copyrighted work that you believe has been infringed upon;
b. Identify the web page within the Service containing the copyrighted material or intellectual property that you claim has been infringed and, if possible, the contact information for the person you believe is responsible for the infringing act in connection with that material. Describe in detail the content on the page(s) you believe infringes upon the material identified above, including whether the content is a particular image or written material;
c. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law;
d. Provide your name, mailing address, telephone number and e-mail address;
e. A signed statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
f. Please send the written notice to: Holisto Ltd., Nim 2 Rishon LeZion, Israel 7546302; or to 177 West Putnam, Greenwich, CT 06831, USA; or to the email: contactus@holisto.com.
Please note that we reserve the right to send any notice we receive to a third-party and to post your notice in place of any removed content. We will respond and/or take action on all complete notices within 3 business days of receiving your notice and reserve the right to communicate with you via email or other means.
Any user of the Service who uploaded or transmitted the content that is the subject of a notice under this section may make a counter notification. If we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written notice in accordance with the following procedure that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any content or activity is not infringing the copyright rights of others. If you are not sure whether certain material infringes the copyright of others, we suggest that you first contact an attorney. Please provide us with a formal signed counter notice containing the following information:
a. Identify the specific page, content, or other unique identifying information of material that we have removed or disabled access to;
b. Provide your name, address, telephone number and e-mail address, and a statement that you consent to the jurisdiction of the courts of Tel Aviv, Israel;
c. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the web page identified and will no longer be shown; and
d. Please send the written notice to: Holisto Ltd., Nim 2 Rishon LeZion, Israel , Email: contactus@holisto.com.
19. Feedback; Notices
a. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform and the Service ("Feedback"). You may submit Feedback by e-mail to contactus@holisto.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
b. Holisto may use Personal Information (as such term is defined in the Privacy Policy) to send e-mails to you and/or call you and/or send you short message services (SMS) in matters related to the Service (including your account(s) thereunder), including confirmation to verify the accuracy of any information you have provided and to provide any instructions or assistance related to the Service and/or your use thereof. Holisto may also send emails to you to verify your respective identity and/or to notify you if Holisto believes your use of the Service violates any applicable agreement between you and Holisto related to the Service. Holisto may occasionally contact you, typically by email, to notify you of information that might affect your use of the Service (such as errors in your orders etc.). Additionally, the Personal Information you provide will allow us, upon your prior approval, to send you messages regarding, among other things, new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may at any time opt-out of any of these communications.
20. Additional Notifications
Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
21. General
By using or visiting the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Holisto. Any claim or dispute between you and Holisto that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in New York City, NY, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of New York City, NY. Holisto reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND HOLISTO AGREE THAT ANY CAUSE OF ACTION 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. In the event of any inconsistency or contradiction between these Terms and any documents ancillary hereto or otherwise referred to herein, these Terms shall prevail and supersede, unless otherwise explicitly stated in any such ancillary hereto or otherwise referred to herein.
For any questions about these Terms or any other issue regarding Holisto or the Service please contact us at: contactus@holisto.com.
Last update: March , 2024.
All rights reserved, Holisto Ltd.
