TERMS OF SERVICE AND END USER LICENSE AGREEMENT

IMPORTANT - PLEASE READ CAREFULLY: Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below. 

These Terms of Service and End User License Agreement constitute a binding legal agreement between you and WorldMate, Ltd, an Israeli corporation, and its Affiliates, with respect to the WorldMate Services (as defined below). By clicking on the "Accept" button or otherwise using, installing, accessing, registering for a User Account or accepting the WorldMate Services, you agree to be bound by this Agreement. You hereby agree and acknowledge that this Agreement covers all your use of WorldMate Services, and any content included therein, whether it be on a mobile device, on a personal computer, through the Internet, or through any other communication network.

If you do not agree to the terms and conditions of this Agreement, do not click on the "Accept" button and / or check the "I Accept the Terms of Service" box, and do not use, install or otherwise accept the WorldMate Services. You agree that your use, installation or otherwise e acceptance of the WorldMate Services acknowledges that you have read this Agreement, understand it, and agree to be bound by it.

 

Use of the WorldMate Services may be subject to additional terms and conditions that govern the use of mobile devices, such as the terms governing the use of your device or the app stores operated by Apple, Google, Microsoft and any others, and the agreements governing your use of any third party services. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions. Any communications or agreements that you make with online third party services are made strictly between you and such online services. WorldMate is not a party to and does not assume any responsibility or liability with respect to such communications or agreements.

1. Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural.

"Affiliate": any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, WorldMate. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

"Agreement": this Terms of Service and End User License Agreement, as may be renewed, modified and/or amended by WorldMate from time to time.

"Documentation": any online or otherwise enclosed documentation provided by WorldMate.

"Effective Date": the date on which this Agreement is entered into by clicking on the "ACCEPT" button or otherwise as stated above.

"IP Rights": any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know-how and trade secrets contained in or relating to the WorldMate Services, the Documentation, and/or the WorldMate Promotional Materials.

"Member", "Membership": a person or other entity that is subscribed to WorldMate Services and possesses a User Account.

"Password": refers to a code you select, which, in combination with the User ID, gives you access to your User Account;

"WorldMate": WorldMate, Ltd, an Israeli corporation located at Azrieli Center Tel-Aviv, The Rectangular Tower, 29th floor, 132, Menachem Begin Rd, Tel Aviv, 7101101, Israel.

"WorldMate Promotional Materials": any and all trademarks, names, signs, logos, banners and any other materials, in whatever form, owned and/or used by WorldMate for the promotion of its company, its products and activities.

"WorldMate Services": refers to travel related information, content and transactions enacted through a computing device that are facilitated by the WorldMate Software (as defined below), including Free Services and Premium Services. In addition you may be enabled to make or change certain travel or other bookings/reservations and may make additional information, functionalities, features, alerts and other related services available from time to time. Unless expressly noted to the contrary herein, WorldMate Services include the WorldMate Software and the WorldMate Site.

"WorldMate Software": the software provided by WorldMate that facilitates the booking, receipt and management of travel and other content and information, including but not limited to client software for mobile devices, client and add-in software for desktop computers, and the software driving the WorldMate Site, as well as Documentation, and future updates and upgrades thereof.

"WorldMate Site": The website residing at www.worldmate.com which may also be linked from other addresses, through which you can access WorldMate Services and download WorldMate Software.

"WorldMate Staff": the officers, directors, employees and agents of WorldMate or its Affiliates, or any other persons hired by WorldMate or its Affiliates.

"User Account": refers to the account with User ID and Password that you create for your use of the WorldMate Software and Services;

"User ID": refers to an identification code you selected, which in combination with the Password, gives access to your User Account; usually in the form of your e-mail address.

"Premium Services": means the optional payable services provided as part of the WorldMate Services and under this Agreement which require payment. Premium Services may also be referred to as "Gold" Services.

"Free Services": WorldMate Services provided by WorldMate under this Agreement without any charge to you.

"Third Party Systems": means third party websites, resources or systems, or content published therein, to which WorldMate Services may be linked, or which may be accessed by you as a result of links in the WorldMate Software or WorldMate Site, including but not limited to Travel Providers (as defined below).

"Travel Providers": Air, hotel, car rental, or other providers of travel services, for which the WorldMate Software or Services provide information or reservation services.

"You": you, the end user of the WorldMate Services, also used in the form "your" where applicable.

2. License to WorldMate Services

License. Subject to the terms of this Agreement, WorldMate hereby grants you a limited, revocable, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable license, until the termination or expiration of this Agreement or the termination of your User Account, to download, install and use the WorldMate Software on your computer or mobile device, for the sole purpose of personally using the WorldMate Services. For the avoidance of doubt, you are allowed to use WorldMate Services at work, in accordance with the terms of this Agreement.

Personal Preferences. At any time, you may change your personal preferences and the way you use the WorldMate Services, by using the tools provided therein and on your User Account, as may be available from time to time. Any communications that you make with other users of the WorldMate Services are made strictly between you and such users. WorldMate is not a party to and does not assume any responsibility or liability with respect to such communications.

Links. WorldMate Services may contain links to Third Party Systems. WorldMate does not operate or monitor these Third Party Systems. You acknowledge and agree that WorldMate is not responsible or liable for the availability, reliability or accuracy of such Third Party Systems or the content, products or services on or available from such Third Party Systems, and that links to such Third Party Systems do not imply any affiliation with or endorsement or sponsorship by WorldMate. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Systems and agree that WorldMate and its Affiliates have no liability to you for any content that may be found to be offensive, indecent, objectionable, inaccurate or unavailable. WorldMate is not responsible for any acts and omissions of Third Party Systems.

Travel or Other Reservations. WorldMate does not charge you a fee for any car, hotel or other reservations made with Travel Providers via the WorldMate Services. However, WorldMate may receive commissions or incentives from Travel Providers in connection with such reservations, which shall be retained by WorldMate. When you make reservations with Travel Providers through the WorldMate Services, you agree to abide by all policies, terms and conditions provided by the respective Travel Providers, including their cancellation and refund policies. Further, you agree not to make fictitious, speculative, duplicative, abusive, or fraudulent reservations or to make any reservations which may be considered in violation of any government regulations or applicable laws. Your interactions with Travel Providers shall be at your own risk. WorldMate shall have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Travel Providers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with Travel Providers or other Third Party Systems.

Free Trial. WorldMate may choose to provide you or specific groups of other users limited access to Premium Services in order to enable you to evaluate the same. Such Free Trial access is provided solely out of WorldMate's good-will and WorldMate may discontinue it at its sole discretion at any time. Furthermore WorldMate may decide to discriminate between groups of users and is not committed to providing all users with the same Free Trial access rights.

Free Services. Some of the WorldMate Services as well as access to the WorldMate Site are provided at no charge. WorldMate may discontinue this policy at any time in part or in whole and choose to charge for such. In such case you will be given a 30-day prior notice by e-mail to the e-mail account you have provided, after which you may decide to discontinue your use of the WorldMate Services or pay for the same according to WorldMate’s then current pricing and policies.

Premium Services. WorldMate may charge for use of some or all of the WorldMate Services functionality. WorldMate Services that are Premium Services will be clearly denoted as such. The rates and payment terms shall be posted in the applicable app stores. The subscription for Premium Services may be limited to a certain time period and may include additional limitations regarding the term of use and any other further limitations. The limitations, or lack of them, form groups of rights otherwise known as "packages". The User may not deviate from the limitations of his package, and WorldMate may enforce technological means to prevent such deviations. Any deviation from the ascribed package or license will be chargeable according to the WorldMate Services price-list and you hereby agree to pay WorldMate such prices in such event. Further, WorldMate may, at any time and at its sole discretion, change any rates and payment terms. Failing to settle your payments will prevent you from further using the Premium Services, notwithstanding any other remedies available to WorldMate under applicable law.

Billing for Premium Services. You may choose to use the Premium Services and pay the respective annual charges by making payment to applicable app store. The annual charge is payable in advance and, to the extent permissible by applicable law, no refund is payable by WorldMate, or the applicable app store in the event that you elect to downgrade or cancel a subscription mid-term.

Payment Methods. WorldMate may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods for bookings are processed and handled through relevant Third Party Systems, such as credit card service providers and payment processors. For Premium Services, payment is made by Users to the app stores directly. Any payment method is therefore subject not only to this Agreement, but also to the terms and conditions of these Third Party Systems and pursuant to your contractual relations with them. You acknowledge that the Third Party Systems processing any of the payment methods may charge you commissions or other fees, pursuant to their agreements with you. WorldMate is not responsible for such commissions or fees, which are strictly within your contractual relations with the relevant Third Party Systems processing your payments.

Advertising. WorldMate may incorporate advertisements and/or information of a commercial nature in the WorldMate Services. The source of such advertisements and/or information may originate from WorldMate or from third parties. If such information originates from third parties, WorldMate cannot guarantee its reliability or accuracy. You agree that the advertising of commercial content by WorldMate does not constitute a recommendation or encouragement to procure the goods or services advertised. Further, you agree that WorldMate may allow advertisers to use the WorldMate Services to conduct surveys and/or approach you and other users with questions of a commercial nature.

3. Additional Covenants

If you are interested in doing anything with the WorldMate Services beyond what is expressly permitted under this Agreement, you must obtain WorldMate's prior written consent and explicitly agree to any further terms, required by WorldMate, including, without limitation, commercial terms.

4. Utilization of Your Device and Network Resources

4.1 Utilization of Your Computer Resources. You hereby acknowledge that the WorldMate Services may utilize the processor and network resources of the computer (or other applicable device) you are utilizing, for the purpose of providing the WorldMate Services and applying the business mechanisms surrounding them including but not limited to authenticating you as a User, billing you and presenting advertising.

4.2 Protection of Your Resources. You understand that the WorldMate Software will use commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication; however, you acknowledge and agree that WorldMate cannot give any warranties in this respect.

4.3 Connections Required. Use of most features of the WorldMate Services requires an online (Wi-Fi, cellular data, broadband) connection between your computer or mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider.

4.4 Availability. The availability and functionality of the WorldMate Services depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. WorldMate does not warrant or guarantee that the WorldMate Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

5. Confidentiality and Privacy

Your Confidential Information and Your Privacy. WorldMate is committed to respecting your privacy and the confidentiality of your personal data. The privacy policy that is published on the WorldMate Site at www.worldmate.com/privacy ("Privacy Policy") applies to the use of your personal data and is incorporated by reference to this Agreement. WorldMate shall use your information only as described in the Privacy Policy. Your election to use the WorldMate Services indicates your acceptance of the terms of the Privacy Policy. WorldMate assumes no liability whatsoever for any loss or degradation of such information stored on its systems or any direct or indirect damages arising out of such loss or degradation. WorldMate shall take reasonable steps to ensure the, security and privacy of such information. We store and process your information on computers that may be located outside your country that are protected by physical as well as technological security devices. THROUGH USE OF THE WORLDMATE SERVICES YOU MAY EFFECT STORAGE OF YOUR OWN PERSONAL DATA IN THE WORLDMATE SOFTWARE. If you object to your information being transferred, stored or used in this way please do not use WorldMate Services. Nothing contained in this section 5 shall be construed to derogate from WorldMate's rights under Section 12.2 below.

 

6. Intellectual Property Rights

6.1 Acknowledgement of Ownership. Ownership of all IP Rights in and to the WorldMate Services shall remain in WorldMate and/or its Affiliates and/or suppliers. The WorldMate Services are protected by state, national and international copyright, trademark and other intellectual property laws. Ownership of IP Rights in and to the Third Party Systems accessed through the WorldMate Services shall be retained by the applicable content owner and is also protected by law. You shall not remove, obscure or alter any notices related to IP Rights contained in the WorldMate Services, Documentation, or WorldMate Promotional Materials.

Unless expressly permitted in this Agreement or the relevant section of the WorldMate Services, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the WorldMate Services or any of the content therein, which is subject to IP Rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including but not limited to, electronic, mechanical or optical means, without express prior written authorization from WorldMate.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of WorldMate and other providers of the WorldMate Services. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

6.2 Your Content. WorldMate does not claim ownership over content that you upload, post, publish, disseminate or otherwise make available through the WorldMate Services. When you use the WorldMate Services to do this, you represent and warrant to us that –

-  You are the rightful owner of all rights to such content or are lawfully licensed by all the rightful owners to upload, post, publish, disseminate or otherwise make available such content through the WorldMate Services;

-  You are lawfully entitled to grant WorldMate the licenses in and to such content, as contemplated by this Agreement;

-  Using the content, uploading, posting, publishing, disseminating or otherwise making it available through the WorldMate Services does not infringe on any rights of third parties, including IP Rights, privacy rights and publicity rights.

 

By uploading content to the WorldMate Services, you grant WorldMate a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works via the WorldMate Services, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content.

6.3 Copyright Complaints.

WorldMate respects the intellectual property rights of others. If you believe that any image or other material available through the WorldMate Services infringes upon a copyright that you own or control, please provide the following information in writing to the WorldMate copyright agent identified below:

(i) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

(vi) Your physical or electronic signature confirming the above.

(vii) Any other information that would assist our investigation or may be required by your local law.

Copyright Agent

701 Carlson Parkway, Mail Stop 8249

Minnetonka, MN 55305

USA

+1 (763) 212-5211

copyrights@worldmate.com

 

7. Communication and Your Use of the WorldMate Services

Lawful Purposes. You agree that you shall only use the WorldMate Services in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the WorldMate Services, including but not limited to, applicable restrictions concerning privacy, copyright and other IP Rights. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, or (b) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the WorldMate Services or the communication.

Acceptable Use of the Services. You agree to abide by all applicable local and international laws, regulations and rules, as well as any usage guidelines that WorldMate may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the WorldMate Services and the access and use of the WorldMate Services by anyone on your behalf. When using the WorldMate Services, you agree to refrain from wilfully, or negligently -

-  Breaching the terms of this Agreement or any other applicable rules and instructions that WorldMate may convey with respect to the use of the WorldMate Services and any part thereof;

-  Interfering with, burdening or disrupting the functionality of the WorldMate Services;

-  Breaching the security of the WorldMate Services or identifying any security vulnerabilities in it;

-  Circumventing or manipulating the operation or functionality of the WorldMate Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented therein;

-  Sending automated or machine generated queries;

-  Using robots, crawlers and similar applications to collect and compile content from the WorldMate Services or to send data to the WorldMate Services, including for the purposes of competing with the WorldMate Services, or in such ways that may impair or disrupt their functionality;

-  Displaying content from the WorldMate Services, including by any software, feature, gadget or communication protocol, which alters the content or its design;

-  Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;

-  Collecting, harvesting, obtaining or processing personal information regarding the Users of the WorldMate Services;

-  Abusing, harassing, threatening, impersonating or intimidating other Users;

-  Linking to the WorldMate Services from web pages that contain pornographic content or content that encourages racism or wrongful discrimination;

-  Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.

-  Posting, disseminating, transmitting or otherwise communicating through the WorldMate Services, content which may reasonably be deemed as -

(1) Infringing or violating the IP Rights of other parties, including copyrights, patents, trade secrets and trademarks;

(2) Identifying minors, their personal details or their address and ways to contact them;

(3) Software viruses, Trojan horses, worms, vandals, spyware and any other malicious applications;

(4) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under any applicable law;

(5) Constituting a violation of a person's right for privacy or right of publicity;

(6) Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available;

(7) Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;

(8) Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

You are solely responsible for the content that you upload, post, publish, disseminate or otherwise make available through the WorldMate Services and for the consequences associated with doing so. WorldMate does not normally examine, approve or disqualify content that you have uploaded, posted published, disseminated or otherwise made available through the WorldMate Services, but reserves the right to do so.

You agree to maintain your User ID and Password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.

WorldMate reserves the right to request additional information to verify your identity, during the registration process, throughout your use of the WorldMate Services, or when you submit requests related to your account. If you fail to provide us the requested information, we reserve the right to suspend or terminate your account, pursuant to this Agreement.

 

8. Term and Termination

8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either WorldMate or you as set forth below.

8.2 Termination by WorldMate In addition to any remedies that may be available to WorldMate under any applicable law, WorldMate may, temporarily or permanently, limit, suspend, or terminate this license and your use of the WorldMate Services, delete your User Account and/or User ID, remove content that you uploaded to the WorldMate Services and take technical and legal measures to keep you off the WorldMate Services, with immediate effect, if WorldMate determines, at its sole discretion that –

-  You have abused your rights to use the WorldMate Services; or,

-  You have breached the terms of this Agreement; or,

-  You have performed any act or omission that violates any applicable law, rules, or regulations; or,

-  You have performed any act or omission which is harmful or likely to be harmful to WorldMate, Third Party Systems, or any other third party, including other users and providers of the WorldMate Services; or,

-  You used the WorldMate Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,

-  You deliberately submitted false information or have failed to comply with WorldMate’s reasonable requests for information regarding your identity; or,

-  You conveyed your Password or User ID to another person or entity; or,

-  You are in debt to WorldMate.

8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause, provided that you meet the conditions set forth in Article 8.4 below.

8.4 Consequences of Termination. Upon termination of this Agreement, you (a) acknowledge and agree that all licenses and rights to use the WorldMate Services shall terminate; (b) will cease any and all use of the WorldMate Services; and (iii) will uninstall all copies of the WorldMate Software from your computer(s) or other applicable device.

8.5 No liability. To the extent permissible by applicable law, WorldMate will not be liable for any damage caused by the termination of this Agreement for any reason.

 

9. Your Representations and Warranties; Indemnification of WorldMate

9.1 Representations. You represent and warrant that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the WorldMate Services.

9.2 Indemnification. You agree to indemnify, defend and hold WorldMate its Affiliates and the WorldMate Staff harmless, at your own expense and immediately after receiving written notice from WorldMate, from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the WorldMate Services.

9.3 Export Restrictions. You acknowledge that the WorldMate Software may be subject to international rules and/or laws that govern the export and/or import and/or use of software. You agree to comply with all applicable international and national laws that apply to the WorldMate Software, its end-users, and use and any restrictions imposed by such laws and/or any relevant authority.

10. Disclaimer of Warranties

10.1 No Warranties. THE WORLDMATE SOFTWARE, SITE AND SERVICES ARE PROVIDED FOR USE ON AN"AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER; THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WORLDMATE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE WORLDMATE SOFTWARE, SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR USE OR A PARTICULAR PURPOSE, COMPLIANCE WITH THE LAWS OF ANY APPLICABLE JURISDICTION OTHER THAN ISRAEL, FITNESS FOR EXPORT AND/OR IMPORT FROM OR TO ANY JURISDICTION OTHER THAN THE ISRAEL. WORLDMATE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE WORLDMATE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE WORLDMATE SERVICES. THE DATA PROVIDED BY WORLDMATE IS BEING UPDATED ON THE WORLDMATE SERVER (OR A SERVER APPROVED BY WORLDMATE), FROM TIME TO TIME; THEREFORE THE PRESENT CONTENT, INFORMATION AND DATA MAY BE OUT OF DATE OR INACCURATE AND SHOULD NOT BE RELIED UPON. THE DATA IS PROVIDED "AS IS". WORLDMATE ASSUMES NO LIABILITY WHATSOEVER REGARDING THE CONTENT, INFORMATION AND DATA OR THE ACCURACY THEREOF.

10.2 Your Own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the WorldMate Services remains with you, to the maximum extent permitted by law. WorldMate will have no responsibility for any harm to your computer or other applicable device or its operating system, loss of data or other harm that results from your access to or use of the WorldMate Services.

10.3 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations of warranty as set forth above, some of these exclusions or limitations may not apply to you. In such event our warranty will be limited as far as legally possible under the applicable legislation.

11. Limitation of Liability

11.1 Limitation of Liability. IN NO EVENT SHALL WORLDMATE ITS AFFILIATES, ITS LICENSORS OR THE WORLDMATE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE WORLDMATE SERVICES EVEN IF WORLDMATE, ITS AFFILIATES, LICENSORS OR THE WORLDMATE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 No Liability for Network Charges. WITHOUT DEROGATING FROM THE GENERALITY OF SECTION 11.1 ABOVE, YOU HEREBY ACKNOWLEDGE THAT THROUGH USE OF THE WORLDMATE SERVICES YOU MAY INCUR CHARGES BY YOUR NETWORK OPERATOR FOR DATA TRAFFIC, AIR-TIME OR EQUIVALENT. WORLDMATE IS IN NO WAY LIABLE FOR SUCH CHARGES.

11.3 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations of liability as set forth above, some of these exclusions or limitations may not apply to you. In such event our liability will be limited as far as legally possible under the applicable legislation.

 

12. Feedback; Use of Data

12.1 Feedback. In support of WorldMate’s ongoing testing and improvement of the WorldMate Services, WorldMate will appreciate your timely feedback regarding its performance, including your opinions and evaluation of the WorldMate Services and any features included therein and bug reports. In the event that you provide WorldMate with any report, feedback or suggestion relating to the WorldMate Services, you agree that any and all right, title and interest to any such report, feedback or suggestion or any invention relating to an improvement of the WorldMate Services conceived in or made as a result of the same shall become the exclusive property of WorldMate and that WorldMate may freely disclose and use all such information for any purpose whatsoever, without your consent and without any obligation of any kind.

12.2 Use of Data. In the event of any bug and/or malfunction in or to the WorldMate Services, you hereby grant WorldMate an irrevocable right to use any information you supplied to the WorldMate Services, including without limitation, information about your travel plans, meetings and related contacts, which WorldMate in its sole discretion, deems necessary in order to investigate such bug and/or malfunction.

13. Changes in the WorldMate Services, Support and Discontinuation

 

This Agreement will govern any upgrades of the WorldMate Services (including new features or functionalities) provided by WorldMate, that replace and/or supplement the original or any WorldMate Services or any part thereof, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. WorldMate may (but is not obligated to) maintain the WorldMate Services with periodic releases of bug fixes, code updates or upgrades. We will determine, at our sole discretion, the frequency and scope of such releases and you will have no plea, claim or demand against WorldMate or its Staff, for any of these releases or the lack thereof.

WorldMate may also, at any time and without prior notice, change the layout, design, scope, features or availability of the WorldMate Services. Such changes, by their nature, may cause inconvenience or even malfunctions.

YOU AGREE AND ACKNOWLEDGE THAT WORLDMATE DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

WorldMate may, but is not obligated to, offer technical support in connection with your use of the WorldMate Services or any part thereof, in the format, frequency, scope and scheme that WorldMate, at its sole discretion, determine from time to time. You will have no plea, claim or demand against WorldMate or its Staff in any matter related to its provision of technical support, or the lack thereof.

WorldMate may, at any time, at its sole discretion, discontinue or terminate the operation of the WorldMate Services, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend provision of the WorldMate Services, in whole or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

13. General Provisions

13.1 Jurisdiction's Restrictions. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such age limit, you may not enter into this Agreement and/or download, install or otherwise use the WorldMate Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement and you may not download, install or use the WorldMate Services. By entering into this Agreement you explicitly agree that you have verified in your own jurisdiction that your use of the WorldMate Services is allowed.

13.2 New Versions of the Agreement. WorldMate reserves the right to modify this Agreement at any time by providing such revised agreement to you or by publishing the revised on the WorldMate Site. The revised agreement shall become effective within thirty (30) days of such publishing or provision to you. With respect to new users of the WorldMate Services, this Agreement is required to be accepted before use by clicking on the "accept" button. The express acceptance by you, or your continued use of the WorldMate Services after receiving the revised agreement and after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and conditions of the revised agreement. You can find the latest version of this Agreement at www.worldmate.com/EULA.php. WorldMate reserves the right to make changes to this Agreement from time to time.

13.3 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and WorldMate with respect to the subject matters hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

13.4 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

13.5 No Waiver. The failure of WorldMate at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by WorldMate.

13.6 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

13.7 Assignment by WorldMate. WorldMate is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

13.8 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel.

13.9 Competent Court. You agree to submit any legal proceedings arising out of or relating to this Agreement to the exclusive jurisdiction of the competent courts of Tel-Aviv, Israel.

Notwithstanding the foregoing, any claim by WorldMate against you pursuant to the indemnity clauses of this Agreement, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against WorldMate.

13.10 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

13.11 Injunctive Relief. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate WorldMate's IP Rights, or may cause continuing or irreparable harm to WorldMate (including, but not limited to, any breach that may impact WorldMate’s IP Rights, or a breach by reverse engineering), WorldMate may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

13.12 YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "ACCEPT" BUTTON AND/OR CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BOX AND/OR CONTINUING TO INSTALL THE WORLDMATE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO WORLDMATE THE RIGHTS SET FORTH HEREIN.

13.13 Contact/Notice Information. If you have any questions regarding this Agreement, you may contact WorldMate, at support@worldmate.com

Version: June 2015