These terms of use govern your access and use of the website, application, products and services (the "Website" or the "Services") provided by Tourist Access Ltd., a private limited company incorporated under the laws of the State of Israel, or by any of its affiliated entities ("accessibleGO"). The terms "we", "us" or "our" herein shall refer to accessibleGO, and the terms "you" or "your" shall refer to the user or customer visiting the Website and/or using the Services.
About accessibleGo: accessibleGO aims to revolutionize travel for people with disabilities by creating a full service, end-to-end platform including the following features and more (the "Features"): (i) Travel Booking Engine and Specialty Bookings (including caregivers, transportation, equipment rental etc.); (ii) Personal reviews (with accessibility checklist), discussion forums, travel journals and blogs; (iii) Airline and airport reviews/rankings; (iv) Editorial content, articles and recommended itineraries; (v) Podcasts/Audio Guides per city; (vi) Accessible tour operators and travel agency listings (vii) Trip insurance, and other services.
Use of the Website is conditioned upon your acceptance of these Terms of Use and by accessing or using the Website you agree to be bound to accessibleGO's Terms of Use, Privacy Policy and any additional terms as applicable and as may be modified from time to time (the "Terms"). Any and all use of the Website shall signify your acceptance and agreement to the Terms made publically available on the Website at such time. If you do not understand any of the terms set forth herein, please consult a lawyer for clarification before accessing or using the Website.
General Use: By accessing or using the Website, you represent and warrant that: (i) you are 13 years of age or older; (ii) you possess the legal authority to enter into a binding contract with us; (iii) all information provided by you on the Website is true, accurate, current and complete; and (iv) you shall be completely responsible for any use of your account, including by anyone other than you; (v) you acknowledge that the all and any content and information available on the Website is proprietary to accessibleGO (including as a licensee of any third party proprietor); (vi) you are aware that we may, at our sole discretion, deny access to the Website at any time and for any reason, including, without limitation, cancellation of customer accounts for violation of these Terms.
Prohibited Use: By accessing or using the Website, you agree that you will not: (i) provide false or inaccurate information when registering an account on the Website; (ii) use the Website information, content or communication systems tor any commercial purposes; (iii) copy, modify, reproduce, publish, license, transfer, sell, re-sell, transmit or display any information, content, software or services available on the Website without our prior written permission; (iv) attempt to interfere with the proper functioning of the Website by any means whatsoever; (v) use the Website or any information or content therein in any way which may be construed by us as abusive, incitive of violent, abusive or criminal behavior, threatening, obscene defamatory, libelous, or racially, sexually, religiously offensive; (vi) use the Website or any information or content therein in any way which may infringe any third party patent, trademark, copyright, trade secret or any other third party intellectual property right.
Third Party Service Providers: Some of our Services include referral to and/or cooperation with third party services and third party service providers, including, but not limited to, accommodation facilities, transportation services, insurance services, equipment rental services, attractions, caregivers or other third-party services (the "Third Party Services" and "Third Party Service Providers"). accessibleGO is not a travel agency and none of the Third Party Services or Third Party Service Providers are owned directly by accessibleGO and no information we provide concerning such Third Party Services or Third Party Service Providers should imply our approval, endorsement, sponsorship, approval or affiliation with any such Third Party Services or Third Party Service Providers. Although accessibleGO aspires to display current and accurate information regarding the Third Party Services and Third Party Service Providers, we take no responsibility for the accuracy or completeness of information displayed on its Website which has been obtained from Third Party Service Providers or from our customers and the users of our Website. Similarly, links to the websites of Third Party Service Providers ("Third Party Websites") may be provided on our Website for the sole purpose of users' reference and convenience, and shall be accessed at the users own risk. accessibleGO does not control the Third Party Websites and shall not be held responsible for their content. To the maximum extent permitted by law, accessibleGO disclaims any liability whatsoever for any misrepresentations made by any Third Party Service Providers or Third Party Websites.
Our Information: Our Services include the provision of information, editorial content and other tools to help you make more informed decisions and travel arrangements. Much of this information is obtained by the independent research performed by employees, consultants, contractors, service providers or others on behalf of accessibleGO. Although accessibleGO aspires to display only information which is current and accurate, we cannot guarantee or take responsibility for the accuracy, completeness or usefulness of any information displayed on our Website in editorial content or any of the Features described above. In addition to information obtained by accessibleGO, information displayed on many of the Features described above rely on opinions, advice, statements, or other information or content made available on the Website by our users, whether in customer reviews, discussion forums, travel journals or blogs. Such users are solely responsible for such content and accessibleGO cannot and does not guarantee the accuracy, completeness, or usefulness of any of this information on or available through the Website and does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or through the Website. Under no circumstances will accessibleGO be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any user thereof, or from your reliance on information posted in reviews, discussion forums, travel journals, blogs or comments made on the Website by other users. To the maximum extent permitted by law, accessibleGO disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Website.
Travel Safety: By using our Services, you acknowledge that it is your sole responsibility to consult the applicable medical professionals regarding the safety, advisability, current medical recommendations and requirements prior to embarking on any travel facilitated by the Services and to ensure that you meet all medical requirements and follow all applicable medical guidance related to any trip facilitated by use of the Services. accessibleGO does not and should not be construed as providing any form of medical advice, medical care, social service or professional recommendation.
Bookings via the Website: By making a booking or reservation with a Third Party Service Provider ("Third Party Booking(s)"), you agree and acknowledge that you shall be bound by such Third Party Service Provider's own terms of purchase, terms of use, privacy policy and any other additional related terms as applicable. Third Party Bookings and any communication or interaction with Third Party Service Providers shall be made at your own risk, including, but not limited to any dispute or conflict involving an actual or potential transaction between you and a Third Party Service Provider, including the quality, condition, safety, legality or accessibility of a listed property, the accuracy of the listing content, the Third Party Service Provider's ability to provide the applicable service or your ability to pay for such service. In the event that a reservation is available at the time of booking but becomes unavailable before the receipt of such service, your sole remedy will be to contact the Third Party Service Provider to make alternative arrangements or to cancel your reservation. accessibleGO shall not be liable for any acts, omissions, errors, representations, warranties, breaches or negligence of any kind of any Third Party Service Providers or for any injuries, damages or expenses resulting thereof.
LIMITATION OF LIABILITY: THE INFORMATION, SOFTWARE, FEATURES, OPINIONS AND EDITORIAL CONTENT AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING, BUT NOT LIMITED TO, RESERVATION AVAILABILITY, PRICING ERRORS, INACCURACY, INADEQUACY OR INCOMPLETENESS OF INFORMATION PROVIDED BY THE FEATURES. ACCESSIBLEGO DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ANY HOTEL, VACATION RENTAL PROPERTIES, FLIGHT, CRUISE, CAR, CAREGIVER, LOCATION, TRAVEL ITINERARY OR ANY OTHER FORM OF TRANSPORTATION, CAREGIVERS, TOUR COMPANIES OR EQUIPMENT RENTAL FACILITIES OR ANY OTHER SUCH DETAILS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, GENERAL DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). ACCESSIBLEGO EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY, INFORMATIONAL AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ACCESSIBLEGO. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ACCESSIBLEGO DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM ACCESSIBLEGO, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCESSIBLEGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD PARTY SERVICE PROVIDERS REFERRED TO ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ACCESSIBLEGO. ACCESSIBLEGO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ACCESSIBLEGO HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL ACCESSIBLEGO (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ACCESSIBLEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING AS STATED OTHERWISE HEREIN, UNDER NO CIRCUMSTANCES SHALL THE LIABILTY OF ACCESSIBLEGO EXCEED, IN THE AGGREGATE, THE GREATER OF: (A) THE AGGREGATE AMOUNT PAID BY YOU AND RECEIVED BY ACCESSIBLEGO IN THE 6 MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM, OR (B) $100.00 ONE HUNDRED UNITED STATES DOLLARS.
Indemnification: You agree to defend, indemnify and hold harmless accessibleGO, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms or any applicable laws and regulations; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account.
Intellectual Property: The contents of the Website and all worldwide intellectual property rights therein are and shall remain the exclusive property of accessibleGO, its licensors or Third Party Service Providers as applicable (the "IP Owner(s)"). The contents of the Website is protected by copyright laws and international treaty provisions and may not be copied, imitated or used, in whole or in part unless prior written permission of such use has been granted by the applicable IP Owner.
Open Source Software: Certain software code incorporated into, distributed or otherwise used by the Website may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). By using the Website you agree to comply with the terms and conditions of such open-source software license agreements. We reserve all other rights not expressly granted in these Terms.
Reviews, Discussion Forums, Blogs: By providing content to the Website in any form, including but not limited to any reviews, discussion forums, travel journals, blogs, comments, images, videos or other submissions, you acknowledge that such submissions are neither confidential nor proprietary, and you grant accessibleGO an irrevocable worldwide, nonexclusive, transferable and royalty-free license to use such submissions at our sole discretion, in any fashion whatsoever and for any purpose. Any interaction, message or communication between users of the Website and any third party which is enabled by the Website shall be conducted at your own risk and shall be your sole responsibility. accessibleGO shall bear no responsibility or liability for any content posted or uploaded by you to or via the Website, or for any loss or damages incurred thereto, and shall not be liable for any omissions, slander, libel, pornography or profanity you may encounter from content posted or uploaded by other users. accessibleGO reserves the right to remove any content posted or uploaded to the Website at any time and for any reason at its sole discretion. In the event that any content posted or uploaded to the Website includes moral rights, you agree to waive and release accessibleGO from any claims in connection with such moral rights.
Governing Law and Jurisdiction: These Terms shall be governed by the laws of the State of Israel. By using the Website you agree that any claim or dispute that has arisen or may arise between you and accessibleGO will be conducted exclusively by the competent courts of Jerusalem, Israel.
Miscellaneous: The sections of these terms pertaining to the limitation of liability, indemnification, governing law and jurisdiction shall survive the termination of these Terms for any reason. If any provision of these Terms is determined to be invalid or illegal then such provision shall be of no force or effect, whilst all remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and accessibleGO with respect to use of the Website and any rights not expressly granted herein are reserved.