TERMS OF USE
1. Acceptance of Terms
These Terms of Use ("Terms") you are reading are a legally binding agreement between Holisto Ltd. ("Holisto" (which term shall is deemed to include any subsidiaries and affiliates of Holisto Ltd.)), "we" or "us") and yourself ("you"). Holisto is, among others, the owner, provider and operator of the Service (as defined below), provided through this website, owned and operated by Holisto (the “Website”).
By clicking on the "I Agree" or such similar button provided by Holisto prior to accessing the Service and/or by otherwise accessing and/or using the Service, you represent that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Please note that the term "you" also includes any company/corporation or other entity/organization on whose behalf you are accepting these Terms, to the extent applicable. If you do not have the requisite authority, you may not accept these Terms and/or use the Service on behalf of any company or other entity/organization.
Holisto reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and to cancel any Account(s) (as defined below) you have created for use of the Service.
If you violate the Terms, Holisto reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Service. You agree that Holisto does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You agree that Holisto may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
The Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or Service available through our Service for any commercial or competitive activity or purpose.
You declare that by acceptance of these Terms and/or by using the Service you are of legal age to form a binding contract with Holisto, and in any case, at least 18 years of age. If the Service or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Service, and must refrain from using the Service. Further, the Service is intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from use of the Service or any part thereof or receipt of the Service or any part thereof, under any applicable laws, including but not limited to sanctions laws of the United States, Israel or any other applicable jurisdiction (the “Legal Capacity”). You may not use the Service or any part thereof if you are not of Legal Capacity (e.g., you may not use the Service or any part thereof if you are working on behalf of a Specially Designated National (SDN) or a person subject to similar prohibitions administered by a Unites States government agency). Please be aware that we are not and shall not be held liable for any breach of this requirement.
2. Grant of License
Subject to your agreement and compliance with these Terms, including payment of the applicable service fees, if such are payable as part of the Service, Holisto grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
3. Description of Our Service
Holisto has developed a unique online platform allowing users to book accommodations (i.e., hotels, guest houses, motels, etc., all as may be available from time to time in the Platform) (each a “Booking”) deals (the "Platform"). The types of services currently offered by Holisto, by itself or through its subsidiaries or affiliates, are detailed in the Services Description, available here; zaptravel.com (the “Offered Services”). Holisto may also provide, currently or in the future (but with no obligation whatsoever by Holisto to do so), certain additional services, features, content and/or any other offerings (collectively, the “Related Services” and together with the Platform and the Offered Services, the “Service”). The term “Service” herein shall be deemed to apply to the Platform, to the Offered Services and to any Related Services provided or made available by Holisto from time to time, if any.
Please note that a Booking is made directly with a third party supplier and not with us. We’re not a ‘contractual party’ to your Booking. The Platform only shows accommodations that have a commercial relationship with us, as they have been made available to us by their respective providers, and it doesn’t necessarily show all their products or services. We make commercially reasonable efforts to ensure that information regarding Bookings made available on the Platform is accurate, complete and correct, however we cannot always guarantee that it is so, and accordingly, we assume no responsibility or liability of any kind, and you hereby expressly release us from any such responsibility or liability, for any loss, damage, fees and expenses, or other issues arising due to any inaccuracy, omission or incorrect or misleading information in the description of any Booking made by you. Any complaints, claims or demands that you have in connection with any of the foregoing, should be taken up directly with the third party supplier of the accommodation for which Booking was made or other applicable provider(s). You may request our assistance in resolving any issues or disputes in connection with any of the foregoing, and we may (but on no manner are we obligated to) provide you with appropriate assistance.
Additional Services:
· Tip - you have an option to give cash tips to zaptravel.com at your sole discretion.
· VIP package – you may opt for VIP services, which will afford you 24/7 phone support, priority VIP phone line and average answer time of 90 sec. The VIP package is offered at an additional price, detailed in zaptravel.com payment page.
Please note that payments you made in connection with the additional services detailed above, are non-refundable in any event.
Deposit:
Certain Bookings will allow you to place a deposit with Holisto, on account of the overall payment to be made for such Booking. This deposit will allow you to maintain the booking original price, while paying the remainder at a later date. The deposit will be used only as an advance on the payment to be made for the Booking and for no other purpose. This deposit is non-refundable, in any event, even if the terms of the Booking allow for a refund. Accordingly, please note that if you fail to pay the full amount for your Booking, in a timely manner, as required by the terms of such Booking the deposit will not be refunded and the Booking will be cancelled without any reimbursement. For the benefit of the doubt, in case of cancellation, no refund will be provided, neither e-credit, or any other form of reimbursement.
During check-in, the reservation holder must provide a valid photo ID and credit card. The credit card is essential for covering any extra accommodation provider-specific service fees, incidental charges, or fees that the accommodation provider may impose on the customer at the time of checkout. These charges, whether they are mandatory (e.g., resort fees) or optional (such as parking, phone calls, or minibar charges), are not encompassed within the room rate unless explicitly specified otherwise. In addition, in order to cover these potential costs, accommodation provider might hold a refundable amount (usually called either an “incidental deposit” or “security deposit”) at check-in. We don’t have any control over such amounts and/or the terms and conditions thereof, and such is subject entirely on the applicable policies of the accommodation provider. We urge you to familiarize yourself with any such policies, prior to making a Booking.
4. Access to the Service
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Service. Holisto does not provide you with the equipment to access and/or use our Service. You are responsible for all fees charged by third parties related to your access and use of the Service (e.g., charges by Internet service providers or air time charges).
Account Information
In order to register to our Website, you may (but not necessarily) be required to create an account. During the process of creating an account ("Account(s)"), you may be required to select a username (which can be an email address and/or a phone number) and a password ("Account Information" / “Login Information”). The following rules govern the security of your Account(s) and Login Information, if applicable. For the purposes of these Terms, references to Account(s) and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service, including any account information related to a social network service account from which the Service is accessed:
a. You shall not share your Account(s) or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account(s).
b. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account(s), you must immediately notify Holisto and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
d. You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
e. You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned; and/or
f. Holisto reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
Any personal information you provide to us when creating or updating your Account(s), which may include your name, e-mail address, picture, friends list, and any such other information, will be held and used in accordance with Holisto's Privacy Policy available at zaptravel.com/privacy-policy ("Privacy Policy") which constitutes an integral part of these Terms. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. You represent and warrant that you have full right and authority to provide Holisto with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
5. Fees; Payments
All Bookings made through the Platform are subject to applicable fees, in the amounts and on the payment terms, as detailed in the applicable Booking. Holisto is not responsible for any charges or expenses you incur as a result from being billed by Holisto in accordance with these Terms. All fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in United States dollars, and fees are based on Service purchased and not actual usage.
You hereby agree and acknowledge that any payments made by you in the Platform shall be paid to and collected by Holisto’s US subsidiary – Splitty Travel Inc., who acts as merchant of record for the purposes hereof. Nevertheless, any and all communications related to payments, refunds, payment terms and the like, should and may only be made through Holisto, in accordance with the relevant provisions hereof.
Payment is safely processed through a third party payment processor (such as PayPal) ("Payment Processor"). In the event of credit card fraud or unauthorized use of your Account(s) by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In addition, you agree: (i) that the services of Payment Processors may be used to process transactions; (ii) to review and be bound by the Payment Processor's terms of use and privacy policy; (iii) to only provide valid and current information for yourself; and (iv) that all payments made are final and non-refundable, except only as provided for herein. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.
6. e-Credit Terms
In the event you are granted with an electronic credit ("e-Credit") as a reimbursement, refund or pursuant to our "Best Price Guarantee" as appears on our Website and as may be revised by us from time to time in our sole discretion, the following terms shall apply:
a. The e-Credit shall be valid for one year from the date of issuance, until 12:00 am GMT on the last day. For example, if your e-Credit is issued on 2024-01-05 20:00 GMT+0, you will have until 2025-01-05 00:00 GMT+0 to redeem the e-Credit.
b. The e-Credit is non-transferable and can only be used by the same account in which the e-Credit has been deposited. The e-Credit cannot be used in a new account or be transferred to a different person or user.
c. The e-Credit can only be used for a future Booking in Holisto’s Website, through the same account for which it was issued, and for no other purpose.
d. e-Credit cannot be redeemed for cash, cash equivalents or any other form of refund, and can only be used through the Platform.
e. The e-Credit is subject to all the Terms of this agreement, including but not limited to, the booking process, prices and availability as shall be in place at the time of redemption.
f. If the e-Credit is redeemed on a Booking that is of a lower price than the e-Credit's value, the remaining value of the e-Credit will be forfeited and cannot be used for another Booking or any other purpose.
g. If the e-Credit is redeemed on a Booking that is of a higher price than the e-Credit's value, the user must pay the difference using the available payment methods on the Platform.
h. Holisto reserves the right to change or cancel the e-Credit program at any time, for any reason, without prior notice.
i. In the event of any dispute or claim regarding the e-Credit, Holisto’s decision shall be final and binding.
7. User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by us in accordance with our Privacy Policy. You hereby grant Holisto a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, host, store, copy, distribute, publish, commercialize, reproduce, modify, adapt, edit, translate, create derivative works and otherwise exploit your User Content, in whole or in part, by any means, and to distribute, publish and otherwise exploit derivative works thereof in any form and on any medium (whether now known or hereafter developed), either alone or in conjunction with other works, without further notice or compensation to you, and you waive any and all moral rights you may have in and to the User Content with respect to such uses. Without limiting the foregoing, you acknowledge and agree that your User Content may be publicly displayed by us and you have no expectation of privacy in respect of any such content.
We do not, and cannot, pre-screen or monitor all User Content. Therefore, we do not assume any responsibility or liability for User Content. We may, however, at our sole discretion, screen, monitor, refuse, remove, or edit any User Content at any time and for any reason without notice to you.
We may, at our sole discretion, grant certain users with permissions to create and manage sub-accounts. By doing so, such users will be able to assign roles and permissions to other users. All sub-account users are required to comply with all the terms and conditions of this agreement. Any violation of the terms and conditions of this agreement by a sub-account user may result in the termination or suspension of the main account and any related sub-accounts.
8. Third-Party Content
The Service may link to or contain links to third party websites that are not owned or controlled by Holisto. Holisto has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Holisto will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Holisto from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Service and to read the terms and conditions and privacy policy of each other website that you visit. While using the Service, you may encounter links to other websites or resources. Holisto is not responsible for the availability of such external sites or resources. Furthermore, Holisto does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Any transactions that take place between you and any third party are directly with such third party, and Holisto shall not be liable for any loss or damage arising from such transactions.
9. Data Usage and Content
Content and Use
As used herein, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, "Content" also includes all User Content.
All Content added, created, uploaded, submitted, distributed, or posted to the Service by users, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You understand that by using the Service you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
Holisto Content
The Service may contain Content specifically provided by Holisto or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Use License
Subject to your compliance with these Terms, Holisto hereby grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Holisto reserves all rights not expressly granted herein in the Service and the Content. Holisto may terminate this license at any time for any reason or no reason.
Fees
Holisto reserves the right to charge fees for access to new Content or new Service (or any portion thereof) in the future, at its discretion. If Holisto opts to charge fees, it will update these Terms and post the updated terms on the Website (or such other terms as applicable). You shall not circumvent any technical measures in place to prevent unauthorized access to any Service or Content.
10. Privacy
Please refer to Holisto’s Privacy Policy for information on how Holisto collects, uses, and discloses personally identifiable information from its users. By using the Service, you agree to our use, collection and disclosure of personally identifiable information in accordance with our Privacy Policy.
11. Limited Warranty and Disclaimers
Holisto warrants that it will provide the Service with reasonable care and skill and substantially as described in these Terms and on the Website. However, Holisto does not make any other promises or warranties about the Service and in particular does not warrant that:
a. Your use of the Service will be uninterrupted or error-free;
b. The Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, which shall be considered Force Majeure for the purposes of the Terms;
c. The Service, or any Content, including the results, information, or recommendations provided thereby or produced therefrom, will be accurate, reliable or complete, whether provided by Holisto or its third party partners or not.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, NO CONDITIONS, WARRANTIES OR OTHER TERMS SHALL APPLY TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICE SHALL CREATE ANY WARRANTY ON BEHALF OF HOLISTO IN THIS REGARD.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOLISTO, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE WITH RESPECT TO THE SERVICE FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. HOLISTO'S AND THE SERVICE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (U.S. $100). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS AND IN THE FOREGOING LIMITATIONS SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
13. Termination
Termination by Holisto
Holisto may suspend or terminate your access to the Service at any time, for any reason or for no reason. We may also suspend or terminate your Account(s) or your use of the Service for violation of these Terms or violation of any other policy related to the Service (including the policies of affiliates related to the Service). You agree that any termination of your access to the Service or your Account(s) may be effected without prior notice, and you agree that Holisto will not be liable to you or any third party for any such termination.
Termination by You
You may terminate the Terms at any time by discontinuing use of the Service. If you terminate the Terms, you remain obligated to pay all outstanding fees, if any, incurred prior to termination.
14. Changes to the Terms
Holisto may make modifications to these Terms from time to time. When these changes are made, Holisto will make a new copy of the terms available at the Website. You understand and agree that if you use the Service after the date on which the Terms have changed, Holisto will treat your use as acceptance of the updated Terms.
15. Assignment
Holisto may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without Holisto's prior written consent, and any unauthorized assignment and delegation by you is void.
16. Service Improvement
As part of our ongoing commitment to improving the Service, we may collect and use usage data from your use of the Service and any associated support services for the purpose of building, maintaining, supporting and improving our products and services, as further detailed in the Privacy Policy. We may use this information in the aggregate or we may analyze it individually to provide you with a more personalized experience, including but not limited to troubleshooting technical support issues, improving the Service, or suggesting new features, products, or services that may enhance your use of the Service. You agree that Holisto may collect and use this data as described herein and in the Privacy Policy.
17. Governing Law and Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of Israel, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the competent courts in Tel-Aviv-Jaffa with respect to any claim or dispute between you and us arising out of or related to the Service. Any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
18. Miscellaneous
a.
Holisto's failure to enforce any right or provision
a. Holisto's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or
provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these
Terms will remain in full force and effect.
b. These Terms constitute the entire agreement between you and Holisto regarding the Service and supersede and replace
any prior agreements between you and Holisto regarding the Service.
c. The section titles in these Terms are for convenience only and have no legal or contractual effect.
d. Nothing in these Terms creates a partnership, employment, or agency relationship between you and Holisto or any of
Holisto's affiliates. You may not enter into any agreement on Holisto's behalf.
e. You agree that these Terms will not be construed against Holisto by virtue of having drafted them.
f. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
19. Contact Information
If you have any questions about these Terms, please contact Holisto at support@zaptravel.com.
Last update: March 2024. All rights reserved, Holisto Ltd.
