Tourist Israel Ltd., its subsidiaries and affiliates, d/b/a Yalla Yalla (“Yalla Yalla”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary website at https://www.yallayalla.co.il (the “Site”). Our Site offers basic information regarding our company and our booking services (“Service(s)” as further detailed below). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. If you are using the Service for the benefit of and/or on behalf of any third party. You hereby represent that such third-party was made aware of these Terms.
2. The Site and the Services
Yalla Yalla offers its Users with an online platform through which Users can book tourism related services and/or products including tours, transportation services, and accommodation (collectively, the “Services”).
The Site may provide you with comprehensive information and news regarding Yalla Yalla, company overview, partners, news regarding our company including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, the Site provides Users who sign up for our newsletter certain services, for example, provide Users with updates via e-mail regarding the Company’s developments, new services, general content etc. (the “Newsletter Subscription“).
Yalla Yalla is an internet site owned by ‘TI Booking Processing Ltd’ registered at Themistokli Dervi, 3, Julia House, 1066 Nicosia, Cyprus
THE CONTENT MAY INCLUDE THIRD PARTY CONTENT (e.g. INFORMATION PROVIDED TO US BY THIRD PARTY SOURCES), SUCH AS MARKETING MATERIALS, DESCRIPTIONS, PRICES, RELEVANT DEALS OF SUCH THIRD PARTY PRODUCTS AND SERVICES. SUCH THIRD PARTY CONTENT IS NOT VERIFIED BY YALLA YALLA, DOES NOT BIND YALLA YALLA IN ANY FORM AND YALLA YALLA CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY CONTENT. AS SUCH WE WILL NOT BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT. IN ANY CASE WHERE SUCH INFORMATION CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE PROVIDER OR SELLER OF SUCH GOODS AND SERVICES DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH PROVIDER OR SELLER DIRECTLY SHALL PREVAIL. YALLA YALLA IS NOT THE SELLER OR SUPPLIER OF ANY SUCH GOODS OR SERVICES AND HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, UTILITY PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY, AVAILABILITY AND/OR ACCURACY OF THESE GOODS OR SERVICES. AS SUCH, YALLA YALLA DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OR SUPPLIERS OF THOSE GOODS OR SERVICES.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO YALLA YALLA OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. YALLA YALLA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN, AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE AND/OR THE CONTENT.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Additional terms may apply with respect to certain features and/or products provided by Yalla Yalla. In case of any conflict between such terms and the Terms, the specific terms shall prevail.
You are welcome to make an online booking of the various tourism services (such as sightseeing tours, activities, flight tickets, tickets, accommodation and etc.) (“Tourism Services”) via Yalla Yalla’s Site. Following the payment for the Booked Services, you will receive an e-mail confirming the Booked Service (“Booking Confirmation”).
The Booked Services are operated and provided by either a local third party tourism operator and/or by Yalla Yalla (the “Operator”)., our subsidiary. Following the completion of the Booked Service via the Site, you will be provided with contact details of the Operator that is expected to carry out the tour services in your Booked Service.
As Yalla Yalla is relying on information provided to it by third parties, you hereby acknowledge that a Booked Service may be cancelled, amended or delayed due to circumstances which are not under Yalla Yalla’s and/or Operator’s control (including Force Majeure events). In such cases, Yalla Yalla and/or the Operator will make their best efforts to inform you in advance of such changes and act to provide real-time reasonable solutions to minimize the impact of such cancellations, changes or delays, on the costs, schedule and your general services experience. Please check your e-mail account provided to us during the booking process of the Booked Service via the Site at 22:00 on the night before the Booked Service is expected to be provided as important updates might be provided and communicated in this way.
Further, Yalla Yalla may not be able to guarantee that the Booked Service will be provided by the exact service provider, as indicated in the Booking Confirmation and reserves the right to provide you with the Booked Service, by third party service providers of a comparable level.
All communications with respect to the Booked Service (such as updates, changes, cancellation requests, etc.) shall be handled directly by Yalla Yalla, unless Yalla Yalla, at its sole discretion, directs you to the applicable Operator of your Booked Service. All complaints with respect to your satisfaction from a Booked Service, shall be directed to the applicable Operator directly.
YOU ACKNOWLEDGE AND AGREE THAT YALLA YALLA DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OPERATOR AND/OR THIRD PARTY SERVICE PROVIDERS. WE DO NOT INVESTIGATE OR VERIFY ANY SUCH THIRD PARTY SERVICE PROVIDER’S REPUTATION, CONDUCT, MORALITY, AND/OR CRIMINAL BACKGROUND.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND/OR INTERACTIONS AND/OR MEETINGS WITH OTHER USERS, AND/OR THE OPERATOR(S) RESULTING FROM YOUR USE OF THE SITE AND/OR THE SERVICES AND YOU SHALL TAKE ALL REASONABLE PRECAUTIONS IN SUCH COMMUNICATIONS, INTERACTIONS AND/OR MEETINGS.
Tours will be transported by various sizes and types of vehicles. Yalla Yalla and/or the Operator has no obligation nor liability for the size, type or model of the transportation used, provided however, that Yalla Yalla will make reasonable commercial efforts to make sure that all vehicles used in connection with the Tour will be in full compliance with any applicable local laws and regulations. Special personal needs such as wheelchair-accessible vehicles, baby chairs, carriages, or dietary requirements, will be provided “on a request” basis upon advanced notification to Yalla Yalla via the Site and/or e-mail, as applicable. Whilst the Operator will do its best to deliver such special needs, these are often requiring coordination with third-parties and Yalla Yalla and/or the Operator shall not be held responsible in case of lack or partial delivery.
4. User Responsibility
4.1. Services provided in Israel You are required to duly arrive to any pick-up point at least 15 minutes prior to the time set for such service to begin. If you miss the pickup time, or the time set for arrival at other points during the Tour, the Tour may proceed without you and the Operator will not be held responsible nor liable for any compensation, refund or damages caused to you as a result thereof. You hereby understand that in certain types of Booked Service, Operator’s arrival to pick up points may be delayed due to unexpected traffic or other external conditions which are neither under Yalla Yalla’s nor Operator’s control. Any changes you wish to make to your Booked Service including change in pick-up location, tour date, must be made in writing and confirmed by Yalla Yalla.
4.2. It is hereby clarified that Operator and/or Yalla Yalla may, at its sole and absolute discretion, require you to withdraw, or otherwise suspend you from any Booked Service, if your behavior is deemed to be offensive, violent, or to cause annoyance or significant discomfort to other participants.
4.3. All Services will be covered by insurance to be procured by the relevant Operator, if available. Nevertheless, Yalla Yalla and/or Operator recommends you to insure yourself against any and all personal health damages. In addition, Yalla Yalla and the Operator will not be liable for any loss/theft of personal belongings, and recommends that valuable belongings shall be left at home. We strongly recommend that you purchase comprehensive travel insurance at the time of booking to protect against the risk of cancellation or interruption, loss of baggage, medical expenses and travel delay.
5. Cancellation and Refund Policy
You may be able to cancel your booking 24 hours prior to departure to receive 100% refund minus 5% handling fee.
6. Fees and Payments
You hereby acknowledge that all credit card payment for Booked Services on or through the Site will be handled by Yalla Yalla’s payment processor corporation ‘TI Booking Processing Ltd., which is registered at Themistokli Dervi, 3, Julia House, 1066 Nicosia, Cyprus.
7. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Yalla Yalla’s sole discretion) in the termination of your use of the Site and/or Content and/or the Service and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Yalla Yalla, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Yalla Yalla or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Yalla Yalla endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Yalla Yalla on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Yalla Yalla’s proprietary rights, including Yalla Yalla’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Yalla Yalla’s prior written consent; (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (m) frame or mirror any part of the Site without Yalla Yalla’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site; (o) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Site for any purpose for which the Site is not intended; and/or (q) infringe and/or violate any of the Terms.
- 10. Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete our contact form available on Site. The contact form requires, inter alia, the User’s full name, e-mail address and telephone number. Additionally, you canoptionally provide any text you wish to insert into the “message box”. You may also contact Yalla Yalla via the email correspondence, and via our social media accounts – Facebook or Instagram.
9. Intellectual Property Rights
The Site, the Content and Yalla Yalla’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Yalla Yalla and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Yalla Yalla and its licensors.
The Terms do not convey to you an interest in or to Yalla Yalla’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Yalla Yalla’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Yalla Yalla (“Feedback”), Yalla Yalla shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Yalla Yalla’s current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Yalla Yalla to comply with any additional obligations with respect to any Yalla Yalla current or future products, technologies or services that incorporate any Feedback.
10. Trademarks and Trade names
Yalla Yalla’s marks and logos and all other proprietary identifiers used by Yalla Yalla in connection with the Site (“Yalla Yalla’s Trademarks”) are all trademarks and/or trade names of Yalla Yalla, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Yalla Yalla’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
11. Linking to Yalla Yalla’s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Yalla Yalla, and does not portray Yalla Yalla in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Yalla Yalla’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
12. Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Instagram, and e-mail etc.) (“Social Features“).
13. Advertisements, Promotions, Sponsorships and Benefits
Yalla Yalla may accept and display via the Site advertisements, promotions and sponsorships from third parties and may provide you with benefits provided via third parties. Please note that Yalla Yalla makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not Yalla Yalla has control over them. Yalla Yalla may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. Yalla Yalla assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships
All the information contained in such advertisements and commercials belongs solely to the advertisers and Yalla Yalla makes no warranties or representations in respect of such, whether or not Yalla Yalla has control over such advertisements or commercials and these are provided on an “AS IS” basis.
YALLA YALLA AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO NOR CAN THEY VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH ADVERTISEMENTS. THUS, YALLA YALLA MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ADVERTISEMENTS.
The Site’s availability and functionality depends on various factors, such as communication networks. Yalla Yalla does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
15. Changes to The Site
Yalla Yalla reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) or the Service without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site, may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Yalla Yalla shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein, and/or the Service. You hereby agree that Yalla Yalla is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
16. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND YALLA YALLA, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “YALLA YALLA’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SERVICES OF YALLA YALLA SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT BETWEEN YALLA YALLA AND EACH USER.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE SERVICE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). YALLA YALLA AND YALLA YALLA’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
WE DO NOT WARRANT THAT THE BOOKED SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS AND THAT THE PERFORMANCE OF THE BOOKED SERVICE WILL ADHERE TO THE SCHEDULE PROVIDED IN THE SITE. YOU HEREBY RELEASE AND HOLD HARMLESS YALLA YALLA, YALLA YALLA’S REPRESENTATIVES AND THE OPERATORS FROM ANY DELAYS, BOOKED SERVICE CANCELLATION, INJURIES, DEATHS, OR ANY OTHER DAMAGE WHICH MAY ARRISE DURING THE BOOKED SERVICE.
DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, YOU HEREBY ACKNOWLEDGE THAT YALLA YALLA CANNOT GUARANTEE THAT INFORMATION PROVIDED BY YOU VIA THE SITE WILL BE SECURED AT ALL TIMES.
YOU AGREE THAT USE OF THE SITE, THE SERVICE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
17. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL YALLA YALLA, THE OPERATOR, YALLA YALLA’S AND/OR THE OPERATOR’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, THE SERVICE, THE CONTENT AND/OR YOUR PARTICIPATION IN BOOKED SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF YALLA YALLA TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF YALLA YALLA OR TOURIST ISRAEL’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER YALLA YALLA OR TOURIST ISRAEL’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YALLA YALLA AND TOURIST ISRAEL’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO YALLA YALLA FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM YALLA YALLA’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Yalla Yalla, including Tourist Israel’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use the Site, the Service and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site, the Service and/or the Booked Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
19. Amendments to the Terms
Yalla Yalla may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
20. Termination of these Terms and the Termination of the Site’s operation
At any time, Yalla Yalla may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Yalla Yalla under any applicable law.
Additionally, Yalla Yalla may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Yalla Yalla does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Yalla Yalla relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Yalla Yalla, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Yalla Yalla may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Yalla Yalla, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language..