Terms and Conditions

TERMS AND CONDITIONS

Welcome to www.bookyourday.io  (“Website“). These Terms and Conditions (“Terms and Conditions“) are a legally binding agreement between you, the person or entity that will be accessing or using our Website and/or services (referenced below as “You” or “Your“), and Book Your Day Ltd. (the “Company” or “We” or “Us”), with respect to the use of the Website.

The Website is a platform to help users to connect with each other to book properties and services but does not endorse any specific Customers, Hosts, Properties (as such terms are defined hereafter), services or other items registered with or offered through the Website. The Website is intended for users to present, offer, search and/or rent properties such as houses, apartments, balconies, roof-tops, gardens, yards and other locations. (“Properties“) for the purpose of holding various events. The service provided by the Company through the Website is an intermediary service between users who present and/or offer and/or rent the Properties (“Hosts“) and other users who wish to search and/or rent the Properties for various events (“Customers“, and together with the hosts, “Users“).

By using the Website, You accept these Terms and Conditions. The Company reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting the modified provisions on the Website, and You shall be liable for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE WEBSITE.

1. THE SERVICE
   • The Website is used solely as an intermediary and payment platform for the purposes of information exchange and communication between the various Users, while offering, locating and renting the Properties for various The Company is not an owner or operator of the Properties and its responsibility is limited to facilitating the availability of the Properties and services through the Website. It is hereby clarified that the Properties are presented and offered by, and on behalf of, the Hosts, AS-IS. The Company does not offer and/or manage the Properties, and the entire engagement between the Hosts and the Customers is made by and between themselves, at their own free will and at their sole and exclusive liability. It is further clarified that the Company is not and will not be a party to any engagement between the Hosts and the Customers, nor serves as a broker or an agent on behalf of any User in regard to any transaction conducted between Users through the Website.
   • The Hosts declare and undertake that they possess all the necessary legal rights in relation to the Properties for rental and that they hold any permit which may be required for such purposes, and that they are in full compliance with any applicable laws. The Hosts also declare that their representation in relation to the Properties on the Website, including any description, image or other information about the Properties, is in accordance with the purposes of the Website, these Terms and Conditions and the provisions of any applicable law, and that in listing the Properties for rent they do not infringe any right of any third- In addition, the Host is responsible for maintaining the Properties and/or services so that the Customers and anyone on their behalf may reasonably use them as provided in the information related to the Properties and/or services. The Properties and/or services must be in good working order and provided to the Customers and anyone on their behalf in a safe, clean and usable condition.
   • Upon entering into a transaction of booking a Property, the Customer (i) is granted a limited, temporary, revocable license to use the Property, and (ii) if applicable, enters into a contract for third party’s services, in the manner, for the time, and subject to all restrictions provided, subject to its contract with the Host and these Terms and Conditions. It is clarified that when a Customer books a Property, he is provided with a license to enter, occupy, and use the Property only as described in the transaction between him and the Host. Customers must have a valid order confirmation in order to complete a transaction.
   • The information which is presented on the Website regarding the Properties, including their descriptions, photos, locations, availability, prices and any other information relating to them, is made and provided by the Hosts, AS-IS, at their sole discretion and The Company does not verify the information which is presented on the Website in relation to the Properties and/or the Hosts. Each User is independent and unaffiliated with the Company or the Website, and the Company does not and will not have any control and/or influence over accuracy of the information in relation to the Properties, and any error and/or inaccuracy within such information, which shall be under the Hosts’ full and exclusive liability.
   • Users and any other party using the Website acknowledge that the Company has devoted substantial time and resources in developing its Website and services, and that such information is inherently valuable information owned solely by the Company. Accordingly, Users and any other party shall not circumvent or bypass Company’s ownership interest in such information, directly or indirectly, except in collaboration with or with the prior express written consent of the Company, by (1) entering into any transaction and/or contract and/or engagement with any party introduced to it by the Company through its Website similar to, in competition with, or which otherwise could have the effect of preventing the Company from receiving the full benefit of the transactions contemplated, or (2) soliciting any party to enter into any such transaction. For the avoidance of doubt, any agreement the Users enter into is between them. Users are prohibited from using the Website or any other platform to facilitate contracts and/or engagements outside of the Website and/or not through the payment method.
2. USAGE RULES
   • The use of the Website, including registration and log-in to Your account, is permitted solely in accordance with these Terms and Conditions.
   • It is hereby clarified that the Company reserves the right not to register a User or cancel his registration, and in doing so to delete any information uploaded on his behalf to the Website, for any reason or for no reason at all, at its sole discretion, without providing any notice.
   • Registration, log-in to Your account, reviewing and/or searching and/or providing any information in relation to the Properties is permitted solely subject to the following conditions:
     • The User is an adult (over the age of 18) and legally qualified to perform legally binding actions (if the User is a minor or is not entitled to perform legal actions without the approval of an authorized person on his behalf, then his use of the Website shall be deemed to have received such approval).
     • The User holds a valid Israeli and/or international credit card and a functional telephone number.
     • The User has an active e-mail address.
   • A disruption in relation to the input of Users’ information and details on the Company’s computers for any reason, including a malfunction related to the Company, shall not constitute any claim and/or demand towards the C
   • When You use our Website, You represent, warrant and covenant that the information You provide Us is accurate, complete, and current at all You agree to accept responsibility for any and all activities or actions in relation of Your use of our Website.
   • Your use of our Website is at Your own discretion and at Your sole risk and You will be solely liable for any loss of data, damage or harm to any of Your devices used to use or access the Website. The information obtained by using the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of any right, rule regulation or law, or any warranty whatsoever.
   • The Company, its subsidiaries and its affiliates do not warrant that: a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Website will meet Your requirements. In addition, data or content uploaded to the Website may be lost, damaged or otherwise unrecoverable.
3. PROHIBITED USE
   • You hereby undertake that You will not, and will not permit or authorize third parties to, use the Website in any way that: (i) is defamatory, abusive, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, or otherwise harms or harasses or can reasonably be expected to harm or harass any person or entity; (ii) is illegal or encourages or advocates illegal activity; (iii) posts or transmits any communication or solicitation designed or intended to obtain private information from any third party; (iv) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (v) uses a false identity or impersonates another person; (vi) violates or infringes any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party; (vii) acts in a manner that is damaging to the Company’s reputation and/or goodwill, (viii) violates these Terms and Conditions and/or our Privacy Policy or any applicable local, state, national or international law or regulation or (ix) otherwise attempts to interfere with the proper working of the Website or of the services provided.
   • In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the Website; (ii) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available any Company’s Content (as defined below) and/or the Website or any portion thereof, to any third party; (iii) reverse engineer, disassemble, enhance, or otherwise modify or use the source code of the Website or any part thereof; (iv) modify, reproduce, or create derivative works from the Website or any part thereof; (v) access or use the Website via automated means, including by crawling, scraping, caching, Bots or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
   • The Hosts undertake not to take any action contrary to the provisions of the commercial engagement between them and the Company, including not to contact the Customers directly and/or charge them directly with any payment in relation to the Properties. For the avoidance of doubt, any payment shall be made through the Website and in accordance with the payment method described in section 1.4 above.
4. TRANSACTIONS
   • The Website enables transactions between the Hosts and Customers for the rental of the displayed and offered Properties, in accordance with the payment method as described above, all at the full and exclusive discretion of the Compan
   • In order to book Properties, the Customer shall be required to choose the particular Property he is interested in, on the available dates in accordance with the information detailed on the Website and displayed by the Host. A notification will then be sent to the Host, which shall decide, at its sole discretion, whether to confirm the reservation (“Host Confirmation“).
   • For the avoidance of doubt, it is clarified that the transaction will be completed only after (i) the Customer has received the Host Confirmation and/or a confirmation from the Company; (ii) the Customer has paid the advance payment as further described under Section 4.6 below by using a valid credit card and providing his credit-card details through the Website; and (iii) the transaction is approved by the credit-card company. A Customer’s request to change its credit-card details or the method of billing, insofar as it is approved by the Company at its full and exclusive discretion, may include a commission, and the Customer undertakes to bear such commission.
   • The terms of any commercial engagement between the Hosts and Customers (“Parties“) in connection with the Properties displayed and offered on the Website shall be in accordance with the specific terms published in relation to the relevant Property, these Terms and Conditions, and subject to the provisions of any applicable law. For the avoidance of doubt, the Company is not and will not be liable for the manner in which the Parties implement their commercial engagement, or for any claims that may arise in relation thereto, including but not limited to, check-in and/or check-out hours, number of guests and/or participants, the condition of the Property prior to and/or following the event.
   • The payment for the transactions is divided into two steps: an advance payment on the order day through the website will be paid by the customer and transferred to the company. On the day and before the start of the event the client transfers the final payment directly to the property owner.The advance payment is transferred to the host after the event, minus the company’s fee according to the agreement between the company and the host.
   • The total consideration to be paid by a Customer for renting a Property shall include the rental cost for the Property, the Company’s services fees and other fees as may be determined by the Host (such as cleaning fees), if any, which the Customer shall choose to book or which may be applicable to the Property, as well as any applicable tax such as VAT or other taxes applicable to the Parties (“Total Consideration“).“). After receiving the Host Confirmation, the Customer shall pay advance payment, and the remaining on the day and before the start of the event. In addition, the Company may also charge or place a hold on the Customer for a security deposit in an amount provided on the Website with respect to the Property.
   • Each Host agrees that payment made by a Customer through the Company shall be considered as a payment made directly to the Host. The Host will provide the Properties and/or services to the Customer in the agreed-upon manner as if the Host has received the payment directly from the Customer. Each Host agrees that the Company may refund the Customer in accordance with the provisions of these Terms and Conditions and applicable law, in the Company’s sole discretion, and each Host understands that the Company’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from the Customer.
   • Without derogating from any provision in these Terms and Conditions and applicable law, Hosts and Customers shall act also in accordance with the following code of conduct.

Hosts will:

• Hosts shall comply with any laws, including local zoning, permitting, or tax laws. The Host knows its Property best and Customers and/or guests and/or any third party trust that the Host’s Property is up to code, properly licensed, and safe.
• Description of Properties. Hosts should accurately represent the nature, condition, and pricing of the Property. The Host should be realistic and honest about its Property and any services provided.
• Permitted Properties. Hosts should only offer Properties that the Host is permitted to rent, pursuant to applicable laws, regulations and in accordance with any existing undertaking (including, but not limited to, lease agreements). If the Host does not own the Property or does not have exclusive permission from the Property owner to rent it, the Host is not permitted to rent it on the Website.
• Available Properties. Hosts should only offer Properties that are ready to be booked with all the services listed. Hosts should not provide Properties that are not clean or do not offer basic services.
• Honor price and policies. Any rate charged to Customers through the Website shall be equal to or better than those made available through the Host’s website or any third-party booking companies or other distribution channels.
• Health & Safety Measures. Hosts shall provide the standard cleaning items for all bookings. The Host is required to provide any health and safety items, including for COVID-19 listed on its Property listing.
• Insurance. Host shall acquire and maintain all insurance as required by applicable law and/or suitable for them and/or for their activities and/or events and/or business. Hosts shall be solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss and liability specific to them and/or anyone on their behalf and/or for any third party. The Company encourages the Hosts to contact their insurers in order to clarify whether the insurance policy that they have purchased is suitable for the purpose of renting the Properties and holding the events. For the avoidance of doubt, it is clarified that a standard insurance policy may not include the appropriate insurance coverage.

Customers will:

• Customers shall honestly present the intended use of a Property in the transaction/order, in order to allow the Hosts to determine if it fits with how they want their Property to be used. Customer shall be respectful and take good care of the Property and services. Customers should not use any equipment that is not included within the transaction/order without Host’s permission, or continue to occupy the Property after the concluded period stipulated in the transaction/order without prior written approval from the Host.
• Misconduct. Customer agrees to comply with these Terms and Conditions and any applicable law and to use the Properties and/or services only as permitted or agreed upon within the transaction/order, and to ensure that any of the Customer’s guest, attendees and anyone on his behalf shall act accordingly. For the avoidance of doubt, the Customer is responsible for the behavior and acts of any guest, attendees, service providers and anyone on his behalf that accesses the Properties, for ensuring that the use of the Properties does not exceed any limitations identified in the transaction/order and/or these Terms and Conditions and/or any applicable law and that the Properties are left in a clean and correct condition.
• Hazardous materials. Customers shall never store, transport, or possess hazardous material in the Properties.
• Safety and the creation of nuisances. Customer and/or anyone on its behalf and/or any attendee shall not create any event or situation which can endanger the safety or security of the Property and/or other people, and/or creates unreasonable noise, odor, nuisance, or otherwise disturbs the neighborhood, the quiet enjoyment of the Property or the ability to conduct the day-to-day use of the Property. Customer shall ensure that he, as well as anyone on his behalf and any of his attendees, complies with any applicable COVID-19 limitations and requirements. Customer shall make sure that any garbage is placed into the designated and appropriate garbage containers, and shall ensure, if any excess garbage does not fit into such containers, that such excess garbage is disposed of properly.
  • Without derogating from the provisions of section 10 below, the Company is not and will not be liable for any incident and/or any situation arising during the event, including but not limited to any breakdown, malfunction, accident, fault and/or failure of any kind. The Company is also not and will not be liable for any service that was agreed upon between the Parties, including but not limited to, service by or to third parties. Any dispute and/or any claim by any of the parties or any third party in relation to the commercial engagement between them and/or its implementation shall be resolved solely between them.
  • Without derogating from the provisions of section 10 below, the representation of any information and/or Properties on the Website does not and will not constitute an offer, solicitation and/or advice to rent or lease and/or perform any actions in relation to them. All information about the Properties appearing on the Website is provided by the Hosts, AS-IS, and at their sole liability, and the presentation of the information provided by the Hosts does not constitute a recommendation or expression of opinion by the Company regarding the Properties, their quality, or any other service provided by the Hosts.
  • The payment and clearing of credit cards on the Website are done in an encrypted and secure manner by an external clearing company, which uses industry-accepted security and encryption methods and mechanisms which comply with the applicable law.

5. CANCELLATION AND MODIFICATION OF A TRANSACTION
   • Cancellation of a transaction made on the Website shall be made subject to the provisions of the applicable law concerning a cancellation of a transaction, including the provisions of the Consumer Protection Law, 1981 and regulations enacted thereunder.
   • For clarification purposes –
     • Cancellation of a transaction made on the Website by a Customer shall be possible no later than the earlier of the date that is (i) 14 days from the date when the payment of the Total Consideration is effected and (ii) seven (7) business days prior to the date for which the Property has been rented, in which case the Company shall reimburse the Total Consideration to the Customer, although the Company may charge cancellation fees in accordance with applicable law.
     • Any cancellation of a transaction made on the Website by a Customer more than fourteen (14) days from the date when the Total Consideration has been paid but no later than seven (7) business days prior to the date for which the Property has been rented will result in charging twenty-five percent (25%) of the Total Consideration as cancellation fees. The remaining seventy-five percent (75%) of the Total Consideration will be reimbursed to the Customer.
     • Any cancellation less than seven (7) business days prior to the date for which the Property has been rented will result in charging the full and complete Total Consideration, whether the transaction has been executed or not.
   • Cancellation of a transaction shall be made by a written request to the Company’s e-mail address [contact@bookyouday.io].In addition, when canceling a transaction, the User must provide the Company with the following details: full name, e-mail address, telephone number, physical address, and transaction number. Cancellation request may be made also by submitting the specific cancellation form available into your personal account under your reservation page. Any request will be reviewed by our teams, according to our cancellation terms.
   • If the transaction is prevented due to factors and/or events beyond the Company’s control and/or factors and/or events beyond the control of any User party to such transaction and/or if a technical fault prevents the completion of the ordering process, the Company reserves the right, in its sole discretion, without this being construed as assuming any liability and without derogating from the other provisions of these Terms and Conditions, to cancel the transaction, without imposing any financial liability on the Users who constitute the parties to the transaction. It is hereby clarified that the existence of the COVID-19 virus and any restrictions similar to those implemented prior to the date hereof shall not constitute an event beyond the control of any party.
   • The Company may, but shall not be not obligated to, cancel any transaction and/or prevent Users from making any transaction on the Website, inter alia, if they: (1) commit an illegal act and/or violate the provisions of these Terms and Conditions; (2) provide incorrect/misleading information during registration and/or afterwards; (3) perform an act and/or omission that could harm the Company and/or anyone acting on its behalf and/or the proper operation of the Website and/or any of the Company’s suppliers and/or any third party; (4) in the event of an error in the description of the Property, including price, location and/or any other information relating to it; or (5) in accordance with the full and exclusive discretion of the Company, pursuant to the provisions of these Terms and Conditions and any applicable law.
   • A Customer may send a request for modification of the terms of a booked transaction (for instance, a change of date, hours, number of attendees etc.) by sending a written request to the Company’s e-mail address contact@bokyourday.io . The Customer should include in its request the following details: full name, e-mail address, telephone number, physical address, and transaction number. Modification request may be made also by submitting the specific modification form available into your personal account under your reservation page. The Company shall submit the request for modification to the Host. If the Host approves, the transaction (including the rental cost for the Property) shall be amended as agreed between the Host and the Customer and the Company shall send an email of confirmation to each of the Host and the Customer including the amended terms of the transaction and the amended Total Consideration. If the Host rejects the requested changes, the transaction shall remain as initially booked. The Customer may have the possibility to cancel the transaction subject to the terms of the cancellation policy set forth in Sections 5.1 to 5.4Any request will be reviewed by our teams, according to our terms for modification of transactions.

 

6. COMPANY’S & USER’S CONTENT
   • The manner of displaying the Properties on the Website shall be determined from time to time at the full and exclusive discretion of the Company, except in relation to products and/or services that may be offered by third parties. In any case, the images of the Properties appearing on the Website are for illustration purposes only and do not obligate the Company in any way, and the description of the Properties and/or services will prevail over the information reflected in the image.
   • The Company retains all right, title, and interest in and to the Website (including all related intellectual property rights). Subject to these Terms and Conditions, the Company hereby grants You a limited, personal, non-transferable, non-exclusive, non-assignable, permission to use the Website, provided that You will not alter or modify any part of the Website. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by the Company with respect to the Website, including any part of its content and/or intellectual property right, whether registered or not.
   • All photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, interfaces, software, code, trademarks, service marks, trade names and other content used, displayed, included, incorporated, uploaded, posted or published by the Company as part of the Website (other than the User’s Content, as described in Section 6.6), are the sole property of the Company and/or their licensors (“Company’s Content“), and subject to copyright and other intellectual property rights under applicable laws, and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of the Company. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, the Company’s Content or any part thereof.
   • The Company may allow Users to post comments, questions, reviews, feedback, etc., and to contact the Company and/or other Users in relation to the Website and/or its content and/or Properties and/or services offered on it. The Company is not and will not be liable for any kind of feedback, comment, review, or question that originates from the Users of the Website and reserves the right to remove them from the Website without notice, at its sole discretion and in accordance with the applicable law.
   • If You believe in good faith that any material or content made available on or through the Website has been used or exploited in a manner that infringes and/or violates any of Your rights, including intellectual property rights, please send Us prompt written notice thereof via e-mail (at: contact@bookyourday.io , while specifying the exact location of the infringing material, relevant details of the nature of the infringement etc. We will examine Your notice within a reasonable time, and if We will find that the use of the material and/or content in question does indeed violate Your rights, then We will remove the relevant material and/or content from the Website.
   • Our Website allows You to contact Us by providing contact information and a description of Your application/request (“Content”). You are responsible for the Content that You provide Us on the Website, including its legality, reliability, and appropriateness. By providing Us the Content, You represent and warrant that: (i) the Content is yours and/or You have the right to use it and the right to grant Us the rights to use it as described in these Terms and Conditions and/or our Privacy Policy and (ii) the Content does not violate any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. You retain any and all of Your rights to any Content You submit on our Website. We take no responsibility and assume no liability for Content You or any third-party provide Us on or through the Website. However, by providing Us the Content on our Website, You hereby grant Us the right and permission to use, modify, publicly display that Content, in order to use our best endeavors to assist You with Your application/request. The Company has the right, but not the obligation, to monitor, edit or delete all Content provided by You at any time.
7. GENERAL TERMS OF USE
   • The Company reserves the right to change, suspend, take offline or discontinue Your account, its Website, at its sole discretion, at any time and without notice or liability.
   • You are solely responsible for the activity that occurs in relation to the Website by You or on Your behalf. You must notify the Company immediately of any breach of security or unauthorized use of the Company’s Website. The Company will not be liable for any losses caused by any use of the Company Website.
   • You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website, and for any fees, taxes, penalties, deposits and/or other costs charged by the Host and/or any third parties in connection therewith, as necessary, and the Company have no liability or obligation in connection therewith.
   • Customer acknowledges that if he fails to comply with any provisions stipulated between him and the Host and/or third party that provides any services, then such Host and/or third party that provides any services may charge additional fees.
   • If You send the Company any feedbacks or suggestions regarding the Website, You acknowledge that the Company may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
   • It is hereby clarified that the Website may contain links to other third parties’ Websites, applications or features and/or other platforms, or referrals to certain third parties’ products, content or services that are not owned or controlled by the Company and over which the Company has no control. If You choose to visit any such third party’s Websites, applications or features and/or other platforms, or use its products or services, please be aware that such third party’s own terms of use and privacy policy will apply and govern Your activities. The Company does not make any representation or warranty whatsoever regarding such third party’s Websites, applications, features, other platforms services, products or content. The Company also does not endorse and cannot ensure that You will be satisfied with any content, products or services that You accessed, purchased or downloaded from such other third parties, and is not liable in any manner for Your interaction with such third parties.
   • Third party services, if offered through the Website, are not controlled by the Company and it does not endorse any such third party services and in no event shall the Company be liable for any third party services or third party service providers.
   • Any financial and/or other dispute between the Users and/or any third party, in connection with the execution or non-execution of a transaction on the Website, and/or in connection with the performance of such transaction, in advance or retrospectively, shall be discussed and resolved between them, without any involvement and/or liability on the Company’s part. The Company reserves the right to join any dispute and/or legal proceeding in connection with a transaction made on the Website, at its sole and exclusive discretion and without this being construed as accepting any claim of one of the Parties, against it or against any other party or any third party, or joining one of the P
8. TERMINATION

The Company may terminate or suspend Your account or the Website (or any part thereof) immediately, without prior notice or liability and on its sole discretion. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof. Termination of these Terms and Conditions shall not relieve You from any obligation that arose or accrued prior to such termination or limit any liability which You otherwise may have to the Company.

9. WARRANTY AND DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE WEBSITE IS PUBLISHED WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.

10. LIMITATION OF LIABILITY
    • THE COMPANY SHALL NOT BEAR ANY LIABILITY, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, INCLUDING ANY CONTENT AND/OR SERVICE THAT IS PRESENTED THROUGH IT OR IS PROVIDED ON IT. THE COMPANY IS NOT AND WILL NOT BE LIABLE FOR THE CONDITION OF THE PROPERTIES OR THEIR SUITABILITY FOR A SPECIFIC PURPOSE AND/OR THE REQUIREMENTS OF THE USERS, OR ANY OTHER PURPOSE OR REQUIREMENT AND/OR COMPLIANCE OF THE PROPERTIES WITH APPLICABLE LAW. USERS AGREE THAT THEY ARE FULLY AND EXCLUSIVLY LIABLE FOR ANY USE THEY AND/OR ANYONE ON THEIR BEHALF MAKES ON THE WEBSITE, INCLUDING ANY CONTENT AND/OR SERVICE AND/OR PRODUCT APPEARING ON IT, AND EXPRESSLY INCLUDING ANY USE OF THE PROPERTIES, AND THAT THEY ARE AWARE THAT THE COMPANY IS NOT AND WILL NOT BE LIABLE FOR IT, EITHER DIRECTLY OR INDIRECTLY.
    • THE COMPANY IS NOT AND WILL NOT BE LIABLE TOWARDS ANY USER AND/OR ANY THIRD PARTY IN RELATION TO THE PROPERTIES, INCLUDING THEIR QUALITY AND/OR DEFECTS, VISIBLE OR HIDDEN, AND/OR THEIR NON-SUITABILITY FOR THE PURPOSES AND/OR NEEDS OF THE CUSTOMERS AND/OR THEIR DESCRIPTION ON THE WEBSITE. IN ADDITION, THE COMPANY SHALL NOT BEAR ANY LIABILITY FOR THE EXECUTION AND/OR PERFORMANCE OF THE BOOKING TRANSACTION, THE HOLDING OF AN EVENT OR ITS NON-HOLDING IT, DAMAGES CAUSED TO THE PROPERTIES, TO THE HOSTS, CUSTOMERS AND/OR ANYONE ON THEIR BEHALF AND/OR ANY THIRD PARTY BY THE HOSTS, THE CUSTOMERS AND/OR ANYONE ON THEIR BEHALF AND/OR ANY THIRD PARTY.
    • The Company is not and will not be liable for any illegal activity carried out in connection with the Properties, insofar as it is carried out, by any of the Users and/or anyone on their behalf and/or any third party.
    • Users shall acquire and maintain all insurance as required by applicable law and/or suitable for them and/or for their activities and/or events and/or business. Users shall be solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss and liability specific to them and/or anyone on their behalf and/or for any third party.
    • It is hereby clarified that the Company is not responsible for performing and does not perform background checks on users, including customers, hosts, visitors and/or any third party (including criminal or civil checks).
    • IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM, INCLUDING PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE WEBSITE, ANY TRANSACTION, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, IN NO CASE SHALL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF A TRANSACTION OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE EXCEED THE TOTAL SERVICES FEES ACTUALLY PAID TO THE COMPANY (AND NOT PAYABLE TO THE HOST) FOR SUCH TRANSACTION.
11. INDEMNIFICATION.

Upon its first demand, You will indemnify and hold the Company, its shareholders, directors, officers and employees, harmless from any claim (including third-party claim), liability, cost, loss, damage and expense (including reasonable legal fees) caused due to (a) Your access and use of the Website in violation of these Terms and Conditions or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party and applicable law, (b) the provision of a Property (for Hosts) or the use of a Property (for Customers) by You or anyone or Your behalf or any attendee, (c) Your breach of any applicable law or regulation, of these Terms and Conditions, including any representation or undertaking hereunder and (d) any bodily injury (including illness, disability and death) or damages to tangible or real property caused by You, anyone on Your behalf and, for Customers, Your attendees.

12. Miscellaneous
    • These Terms and Conditions shall be governed exclusively by the laws of the State of Israel, without regard to conflict of laws provisions. The parties hereto submit the exclusive jurisdiction to the competent courts of Tel-Aviv-Jaffa.
    • These Terms and Conditions and our Privacy Policy constitute the entire agreement between You and the Company with respect to the access and/or use of the Website, and supersede all prior or contemporaneous understandings regarding such subject matter. The Privacy Policy is available at: https://bookyourday.io/privacy-policy/
    • The Company reserves the right to update these Terms and Conditions from time to time, with or without notice, and will post its updated Terms and Conditions on its Website. Your continued use of our Website will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website. If You do not cease using the Website, You will be deemed to have accepted those modifications.
    • The Company may assign at any time any of its rights and/or obligations hereunder to any third party without Your consent. You and Users may not assign any of the rights granted to you and/or your liabilities, without the Company’s prior written consent. Any attempt to do so without the Company’s prior consent will be void.
    • These Terms and Conditions will also govern any future upgrades or updates or new releases provided by the Company in connection with the Website, unless any such upgrades or updates are accompanied by a separate set of terms and conditions, in which case the terms of that upgraded or updated terms and conditions will govern.
    • In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
    • The failure of the Company to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless agreed by the Company in writing.
    • If You have any questions or queries about these Terms and Conditions or our services in general, please do not hesitate to contact us via e-mail at: contact@bookyourday.io