These Terms & Conditions set forth the terms and conditions on this website (www.Pets2Fly.com) (the “website”), operated by Mattan Gal Gendler, an authorized dealer/private company, number 300383411, whose registered address is at Maccabim, Israel (“the owner”), for the use of the website and of the owner’s services. Please read these terms and conditions carefully, before using the website, before ordering any services from owner, and before making any payments to the owner.
By entering the owner’s website or starting to use it, and specifically by making any order of a service or a product over the website and/or from the owner, the user confirms that he accepts these terms and conditions, and agrees to be bound by them.
Furthermore, if you enter the website and/or order services as a representative of a company, you represent that you are authorized to represent such company in such transaction, and to bind it in accordance with the terms of this agreement. If you do not agree to be bound by these terms and conditions, you are hereby required to stop making any use of the website, and not to make any purchased (of goods or services) through the website and/or from the owner (whether paid or free).
- The owner is a one-stop-shop, providing services in the field of pet travel from one country to another. In addition, the website (and/or the owner) may provide additional and/or related services, in the field of animal care.
- As part of its activities, the website allows owners of pets, who wish to have their pets flown from one country to another (or within the country), to buy various products (such as cages designated for the purpose of flight), various services (including transportation services, VIP services, medical examinations, vaccinations, boarding for animals, etc.), assistance in various bureaucratic proceedings (passports, permits for the importation of animals, required medical certificates, translation of required documents, etc.), and order and ticketing flight tickets for the animal and/or for its escort.
- For the purpose of obtaining these services, the user would have to contact the owner (via the website, by email, or otherwise), receive initial explanations regarding the entire process, and order from the owner a variety of products and/or services, according to user’s needs and/or desire.
- For avoidance of doubt, the owner reserves the right to offer additional services or products over the website, and/or to remove services and/or certain products, at any time.
- The use of the website and of the owner’s services is subject to, and conditional upon, the user’s acceptance of these terms and conditions. The user’s continued use of the website or of the owner’s services shall indicate the user’s consent to these terms and conditions. The user hereby declares that the terms and conditions are known to him, that he read them entirety, and that he undertakes to comply with them. If you do not agree to these terms, you may not continue to browse and/or use our services.
- By registering and/or ordering services within the framework of the website, you confirm that you are at least 18 years old. By using the website you are ensuring that you have the right and authority to enter into this agreement, and you agree to abide by its terms. Membership on the website is for your exclusive personal use. You may not allow any other person to use the website, assign or otherwise transfer your account to any other person or entity, and/or allow others to use any file and/or information that are delivered to you as part of the website and/ or by officials and employees of the owner.
- The owner reserves the right to modify the provisions of this agreement from time to time, and the updated terms will become binding immediately following their publication over the website, without any additional notification required. It is the user’s responsibility to enter this page periodically to verify whether there have been any updates made to this agreement.
- These terms and conditions are phrased in the masculine for convenience only, but relate to men and women alike.
Signing Into The Website
- As of this date, entering the website does not require registration and/or providing any details. The owner reserves the right to change this policy at any stage, at its sole discretion.
- Notwithstanding the above, the use of the website’s services, as well as making orders for the receipt of information and/or receipt of any specific proposals (either paid or free), will require making direct contact with the owner (via the website, or via email), the transfer of concrete information (such as the type of animal, flight destination, etc.) at the request of the owner, and making a payment (unless explicitly agreed otherwise) to the owner and/or to other third parties working in cooperation with the owner.
- Immediately following your initial application to the owner, you will be asked to provide certain personal information, as well as an email address at your disposal. It is hereby clarified that there is no obligation to provide such information, but the delivery thereof is necessary in order to allow you to make orders for the owner’s services. Data files and forms that you will order from the owner will only be sent to the email address that you specify as part of registration (which you can replace periodically, by notice to the owner). You must provide only true, accurate and complete information and the user hereby acknowledge the correctness of the details provided. Any submission of personal details to the owner shall be made only with the consent of the real user, and at his sole initiative.
- For avoidance of doubt, providing incorrect and/or inaccurate information may prevent certain data sent to the user from reaching him. Furthermore, providing of incorrect or inaccurate information may lead to non-satisfying service which will not meet the user’s requirements, and will not allow the transporting of the user’s pet. The user shall bear full and sole responsibility for any insufficient service, resulting from providing incorrect, inaccurate and/or incomplete information to the owner.
- By submitting information to the owner, the user hereby provides his consent to have such information stored and managed/administered by the website/owner, in accordance with the Privacy Act, 1981, and that the website will send him professional and marketing materials, including updates, publications, messages, surveys, reports, or commercial proposals. Furthermore, the user hereby gives his consent to make use of the information by each of the owner personnel and officers, and by third parties with whom the owner shall have business relations.
- For the avoidance of doubt, the user will refrain from providing details of any third party to the owner’s website and/or to its databases (including providing credit card information, personal information, payment methods, etc.), unless he obtained the consent of such third party in advance. The user shall bear full liability for providing such third-party information to the owner.
- The owner reserves the right, at its sole and absolute discretion, to terminate its activities, and/or terminate the operations of the website and/or the services provided by it, in whole or in part, and/or to make changes, and to remove from the website any content and information without saving them, all at the owner’s sole discretion and without prior notice or consent of the user or of any third party.
The Owner’s Services
- The basic service provided by the owner (partly via the website) is assistance in flying animals between different countries, as well as all ancillary services, and sale of related products necessary for taking the flight.
- The user understands that some of the owner’s services are consulting services and bureaucracy services, and that these services require payment (commencing from file-opening fees, and ongoing fees for locating documentation, preparation thereof, and submission of the documents in different countries).
- The user is aware that part of the bureaucracy involved in flying animals is set by government agencies, institutions and organizations, and that these entities can change their policies from time to time. The user shall have no claim against the owner with respect to delays and/or additional requirements arising as a result of the conduct of such external authorities.
- The information relating to the flight of the animals, flight hours, etc., is also delivered by external factors (mainly airline companies), and is not under the owner’s control. The owner shall bear no liability whatsoever in respect of any information elements which are missing, incorrect and/or inaccurate, which had been provided by such external parties.
- Following the user’s entrance into the site, and after deciding to open a file with the owner, the user will receive information from the owner – through a phone call or via e-mail – which will detail the procedures required for transporting the user’s animal. The information provided to the user will set forth certain required actions and procedures, and will also enable the user to choose the products and/or additional services that the user wishes to purchase from the owner.
- For avoidance of doubt, the user may elect to use only part of the owner’s services. Naturally, the owner shall not be liable for any actions and/or any procedures that the user will make by himself, or through a third party on the user’s behalf.
- After selecting the requested services, and subject to paying the owner per its requirements, the owner will continue to communicate directly with the user. It should be noted that this communication will be carried out mostly by email, although the user will be entitled to contact the owner by phone, during the owner’s regular business hours.
- The owner reserves the right to change the scope of products and/or services offered by it, at any time, and for any reason, and the user will not have any claim with respect thereto.
- For avoidance of doubt, the owner reserves the right to provide additional services in the future, at the sole discretion of the owner.
- The owner will be entitled, and may from time to time, send the registered users ads and/or emails to the user’s email inbox, including updates about the website services, new services, promotions and discounts, etc. The user hereby agrees to receive such newsletters, and acknowledges that the owner is not responsible for all the contents contained therein (particularly in the case of third-party ads or content included therein).
- The use of some services may require the user’s consent to additional terms and conditions, as specified in relation to each service separately.
- Without limiting the generality of the foregoing, it is clarified that some of the services offered by the owner, and in particular services performed outside of Israel, shall be provided by third parties unrelated to the owner, which have different business partnerships and/or relationships with the owner. The activities of these third-parties shall be governed by their applicable terms and conditions, and the user shall have no claim against the owner regarding the applicability of such terms and conditions.
- It is hereby clarified that the owner may revise the prices for the use and/or ordering specific services via the website, at any time, at its sole discretion, without prior notice to the user or the user’s consent. Notice of such revision of prices and the date on which such prices shall change, will be published on the website, or alternatively, will be sent to the user’s email address or mobile phone, in accordance with the user’s details provided by it upon the registry.
- For the avoidance of doubt, the owner reserves the right to require payment for each service it offers (either on the website, or otherwise).
The Use Of The Website And Of The Owner’s Services
- The user undertakes to use the website in accordance with the requirements of any applicable law, subject to the terms and conditions of the website as set forth herein, and to avoid causing any damage to the owner and/or to any third parties.
- The user undertakes not to cause and/or contribute, as part of his surfing on the website, his behavior, his actions and/or his omissions, directly and/or indirectly, any damage and/or breach of contractual rights, proprietary rights, copyrights, moral rights, proprietary rights, duties of care and trust, trade secrets, trademarks, patents, etc. of other parties, and not to participate and/or contribute to participation in the transfer of information and/or referral and/or creating links to infringing websites and/or to any breach of proprietary rights of third parties.
- The user undertakes not to harm the owner or other users or the internet in general, including avoiding harming their ability to consume services provided on the website, and to completely avoid collecting data on other users.
- The user undertakes to refrain from harming the reputation of the owner, and especially in its conduct with entities abroad to which the user was referred by the owner, within the framework of the provision of services.
- The user undertakes to refrain from trying to extract information and/or data files and/or other content from the website, without the express permission of the owner (whether the content belongs to the owner, and whether it is the content of third parties displayed on the website).
- The user undertakes not to use any data transferred to it by the owner, without the owner’s express permission. Without limitation, the user will not be allowed to transfer to third parties any information and/or files that are sent to it by the owner, including data files, and details of procedures and/or bureaucratic requirements in order to transport animals.
- The user undertakes to refrain from any attempt to collect information about the website and/or other website users (whether they are registered or not), including by any technological means, from activation or assistance in the implementation of a computer or other means designed to scan and/or copy and/or retrieve and/or data mining, to refrain from executing and/or causing any change to the website, including the users’ content and other advertising content, and not to interfere with the website’s source code.
- In addition, the user undertakes to refrain from any acts and/or omissions that may interfere with the operation of the website and/or its users, including through jamming and/or disruption to a computer, such as “viruses,” “worms” and other damaging applications, invasion of computer material, editing and/or introducing a software that could cause damage or disruption to a computer and/or to computer material, deleting computer material, trespassing, and the like.
- The user undertakes to inform the owner, immediately, upon the possibility of any damage to users and/or to third parties and/or violation (or expected violation) of legal provisions, due and/or as a result of the user’s actions or other operations known to him.
- The owner may cancel/change/edit any ad and/or content and/or advertising that appear on the website, at its discretion. The owner reserves the right not to approve inappropriate text, and/or content that does not meet the standards of the website, or to edit and change such content, at any time.
- The owner reserves the right to block/cancel any ad that does not meet the above criteria, or even ban the use of the website by any user in the event of repeated violations of the above.
- The owner reserves the right to disclose the details of any user to any third party, including to investigative authorities and/or private entities, in any case where a user is suspected of carrying out one of the activities listed above.
User Engagement With Third Parties
- In the framework of the use of the website, the user may directly engage with third parties. This engagement can be with foreign entities with whom the owner has cooperation relations, or with advertisers who advertise the website. Such agreements may entail a fee, to the website and/or to the owner and/or to other service providers.
- It is hereby clarified that the user’s engagement with the third party, whether resulted from an offer of the website, and whether it was due to any advertising on the website, will only be made between the user and such third party, and the owner will not be a party to such engagement (even in the case where such service is related to services offered by the owner).
- The owner shall bear no responsibility regarding the activities and/or services a user receives from such third parties, or regarding any contract between the user and any third party, even if the service or contract relate, directly or indirectly, to the owner’s and/or to the website’s activities or functionalities. The user will be personally responsible for all contracts entered into directly between the user and such service providers, and the owner will not be responsible for any problems or disputes that might arise due to the relations between the sides.
- For avoidance of doubt, the owner is not responsible for the quality of any third-party services that will be provided directly to the user, and/or to any disputes over financial matters that may arise between the user and such service providers.
- It is hereby clarified that the owner does not examine the services and/or products advertised in the website, and assumes no responsibility for products and/or services advertised, whether such were not provided at all, or they were not supplied at an appropriate level. Responsibility for the quality of a service shall be borne solely by the supplier, and not by the owner.
- The owner does not allow cancellation of transactions through it, and any such cancellation request can be directed only towards the applicable service provider.
- The user is hereby required to meet all of its obligations with respect to the website.
- In some cases where a user engages with the owner for it to provide any services, the owner will engage with a third party to perform such services. In these cases, the owner will bear the responsibility for such services, while reserving the right to sue third parties with which it interacts, regarding indemnification for any damages that may be caused to the owner.
Advisory Services And Treatment Bureaucratic Procedures
- As part of the services of the website/the owner, the owner offers to assist the user in obtaining various forms, addressing various authorities, and filling-out various documents.
- These counseling services are provided for certain fees.
- Note that this fee is paid in respect of the aid in obtaining the forms and filling them out, but the owner does not guarantee that the desired permits will be obtained, nor that the filling out the forms will lead to the desired results (e.g. receipt of exemption from customs duties, receipts of import permits, etc.).
- As part of these services, the owner will help in obtaining import permits for animals while coordinating with customs agents. It is clarified that providing inaccurate information by the user may lead to non-receipt of requested permissions.
- Moreover, providing misinformation to customs clearance agents may constitute a criminal offense in different countries. The owner’s reports of those agents will be based fully on the information provided by the user, and the user shall be responsible for any such misrepresentation.
Ticketing Airline Tickets
- The user may purchase for himself, and directly from any airline company of his choice, the ticket for himself and/or for his pet. In this case, the owner will bear no liability for booking the tickets, and it cannot guarantee that the airline company, from which the ticket will be purchased, will actually provide the services of flying animals.
- Moreover, in case where a user will be assisted by an external travel agent, the owner will not bear any responsibility for any error the said travel agent would do.
- Notwithstanding the above, the user can use the services of the owner for purchasing tickets.
- The owner shall be entitled to make the ticketing itself, or through an external travel agent with whom the owner will engage.
- In the event that the owner decides to engage with an external agent, the users shall be referred directly to such agent, and all communication between the user and the agent will be done directly. In this case, the owner shall not be liable for any activity of the agent. It is clarified that the owner will be allowed to charge fees and/or travel agent fees, from the agent.
- The owner reserves the right (in the future) to carry out ticketing by himself. For the purpose of ticketing, the user will be required to deliver to the owner a copy of his passport, and a signed power of attorney. If the user shall provide these documents to the owner, the user hereby permits the owner to use them, at the owner’s discretion, for the purpose of ticketing.
- The owner and/or travel agent receive information directly from airline companies about flight times, intermediate stops, and the like. The owner cannot guarantee the accuracy of any information obtained by it. In addition, the owner shall not be liable for any changes that shall be made by airline companies, including changing flight times, flight cancellation, change in intermediate stops, change in the terms of transporting animals, etc.
- Note, that in any case of purchasing of a ticket (whether through the owner or through a third party), the user shall be responsible to ensure the validity of his visa. The owner shall not be liable in any case of denial of the user, anyone on the user’s behalf, or his pet, from flying, due to failing to maintain a valid visa.
- In addition, the user must ensure that he has permission to fly the animal, prior to ordering the ticket. The owner shall not be liable in any case where a ticket will be ordered before all permits were obtained, which shall result in the user having to cancel the ticket, or the animal being sent back to its country of origin.
Shuttle Service, VIP Service, And Boarding Services
- In order to transport an animal, its owners must often require additional external services, such as animal boarding services, transportation to and/or from the pension to the airport, and so on. These services are required both in the country of origin and in the country of destination.
- As part of the services offered, the owner will recommend to the user certain boarding service and/or pensions, as well as shuttle services, VIP services, etc. The user is not obliged to use the services recommended by the owner.
- In any case where a user engages directly with those third parties, the owner shall not be liable for any service provided to the user, and/or for any failures in respect of such services.
- In any case where the owner shall provide the services directly, it shall be free to determine the price of the services, at its sole discretion. The owner does not guarantee that the price it charges will be equal to the price it will have to pay to third parties who provide the necessary services to the owner. Moreover, it is clarified that the owner operates as a business entity, and it intends to make a certain profit of any such transaction.
- It should be noted that the owner reserves the right to charge fees and/or other payments from any service provider recommended by it, and the user shall not have any claims in this regard.
- At the request of a user, the owner reserves the right to make the shuttle service on its own, and in this case the user shall pay the owner directly for this service.
Inherent Risks In Flying Animals
- The user acknowledges that different animals respond in different ways to their flight, to their transportation, and to storing them. The above is particularly accurate in light of previous health condition of the animal, as well as due to fear.
- The user is aware of the general risks inherent in flying animals, driving them, and storing them, and in particular on long flights. The owner shall bear no liability whatsoever for any modification and/or injury and/or deterioration of health of the animal, as a result of its flight as part of the services offered, from its transportation, and/or from its storage in the boarding facility. In addition, the owner shall not be liable for any damage to the animal’s health, as a result of a sense of fear it felt in the process.
- The owner shall bear no liability whatsoever with regard to flying dangerous dogs and/or dogs with a flat/snubbed nose. It is clarified that these animals are at a higher risk when it comes to their mental and physical health during flights, and in any case the user will elect to fly a dangerous dog or a dog with a flat nose, then it assumes the entire risk, and shall not have any claims against the owner in case the animal will become ill, get hurt, or even die.
Animal Vaccines And Other Medical Treatments
- Animal vaccination requirements as a condition to flying them from country to country are determined by various state agencies.
- The owner shall specify to the user a list of vaccines and other treatments required for the transport of the animal.
- The owner shall be entitled, but not obligated, to recommend to the user the veterinarian/s capable of carrying out the vaccinations and/or other treatments required.
- The user will not be obliged to carry out the vaccinations and/or other treatments using such recommended veterinarians. The user will be entitled to order all the services from a veterinarian of its wish.
- Even if the user chooses to use the services of a veterinarian recommended by the owner, the user will not have any claim against the owner with respect to any change in the medical condition of the animal, as a result of the vaccine or any other treatment.
- The owner reserves the right to collect fees from the recommended veterinarians, in the event that the user chooses to make the vaccine (or any other treatment) through them. The user is aware that there are also certain risks related to vaccination of animals, in certain cases.
- It is clarified that the requirements for making vaccines and/or other treatments are statutory requirements of different countries. In the event that the user chooses not to carry out treatment, flying the animal to and from some countries may not be permitted. For the avoidance of doubt, in this situation the user shall not have any claim against the owner, and no payment for services and/or products purchased shall be reimbursed.
- It is further clarified that in no case will the user have any claim against the owner in respect of the implementation of the said medical treatments, and/or for the results thereof. For the avoidance of doubt, the owner only provides information in this regard about the requirements of different countries, and does not provide recommendations regarding the implications of the said medical treatments. It is clarified that some of these treatments are irreversible, even if the user eventually decides to give up on flying the animal.
Selling Of Products
- The owner reserves the right to sell certain products within the framework of the website.
- To this end, the owner may sell products on its own, or through the use of external suppliers.
- In the event that the product is sold by an external third party, the acquisition will be carried out directly from the external provider, and the user would have no claim against the owner regarding the supply of the product, its quality, its sale and/or its suitability of any purpose.
- In the event that the product shall be sold directly by the owner, such sale will be governed by Israeli law, including consumer protection laws, the right of cancellation, etc.
- Without limiting the generality of the foregoing, as part of the website’s and owner’s services, they will offer for sale cages designated for flying animals. Note that different cages meet the requirements of different airline companies, and therefore require individual advice – based on the type of animal and the anticipated airline company – prior to making such purchase of a cage. The user shall have no claim against the owner in case of a mismatch of the purchased cage, to the ordered flight.
- Note that in the case of buying a cage as part of an order of transporting the animal, the cage will be delivered to the user in the destination country, after the animal has been flown in the cage. If the user wants to get the cage in the country of origin, it will have to pay for transporting the cage back to the country of origin.
- In general, the website’s services and/or the owner’s services will be subject to a fee.
- After receiving a request from the user, and after an initial conversation with a representative of the owner, the user will be required to pay an initial payment (origination fees, or file-opening fees). Following the transfer of the payment, the owner will begin to transfer to the user information/data files, either orally (by telephone) or in writing, relating to the request. These items of information may include charts and/or breakdown of the various procedures and documents required for his flying of a specific animal, to a particular destination.
- It is clarified that the information/data files transferred, are the intellectual property of the owner, and the transfer thereof to the user is part of the services provided by the owner. Therefore, upon receipt of said information – orally or in writing– no refunds of any payments will be allowed.
- It is clarified that the initial payment (fee for opening a file) is only paid in consideration for the initial consultation service, the data provided over the phone, and obtaining details regarding the documents and procedures required for flying the user’s animal to the concrete destination. If a user wishes to receive any services and/or other products from the owner, including services and/or products that are listed in the data/information files mentioned above, then such services and/or products will be made available for an additional cost. For the avoidance of doubt, fees for opening a file will not include the execution of all the activities required for flying the user’s pet to the destination country.
- Payment for services will always be made in advance, prior to receipt of any service from the owner.
- All payments will be made in Israeli currency (NIS) or in US dollars, as shall be determined by the owner. Payments that will be made to foreign service providers may be billed and charged in foreign currency.
- The owner reserves the right to change the prices of services and/or the basis for determining the payment and/or payment mechanism at any time in the future, at its sole discretion, and subject to the publication of price changes on the website.
- If the user decides to terminate its relations with the website and/or the owner, no payments will be refunded with respect to services that the owner had already started to provide, even if the owner has not yet achieved the desired result (e.g. in a situation where the owner has initiated bureaucratic proceedings order by the user, but had not yet obtained the required approvals).
- The owner reserves the right to offer third party services as part of the website. In these cases, the owner may refer the user directly to the third party (in which case the payments shall be made directly between the user and the third party), or it may choose to provide the services itself, through a third party (in which case the user shall pay the owner).
- All prices on the website are exclusive of VAT. Applicable VAT shall be added to all payments on the website.
- The user will pay owner all required payments for the services, no later than the date determined by the owner. Any delay in payment by the user may result in interest charges on arrears and shall bear linkage payments, pursuant to the Determination of Interest and Linkage Law – 1961, from the date on which it was due until the date of actual payment. The user will also be charged for collection costs (including attorneys’ fees) borne by the owner with respect to debt collection, if the payments are not paid on time.
- An invoice will be sent to the user via e-mail, within two weeks from the receipt of actual payment by the owner, subject to any law.
Cancellation Policy And Payments Refund
- Fee paid for opening a file by the owner will not be refunded in any case, even if the user is not satisfied with the service provided to it. It is clarified that the primary service offered by the owner is providing telephone information data, or sending data files, relating to processes and procedures required for flight of animals, and a user receiving such information shall not have any claims regarding not receiving service in consideration for his payment.
- Payments for products sold by the owner will be refunded only in accordance with the provisions of the Consumer Protection (Cancellation) Regulations, 2010, and subject to the conditions under which the user shall be entitled to refunds hereunder (such as non-use, return in their original packaging, and return within the period prescribed in the regulations).
- Without limiting the generality of the foregoing, users who shall buy cages from the owner (but not from third-party vendors who may offer cages for sale over the website), will be entitled to return them to the offices of the owner within 14 days, subject to them being returned unused (and without such return allowing the cancellation of any flight orders made by the user). Notwithstanding the above, it is clarified that in the event that a cage will be ordered in abnormal sizes, or will be ordered and will be prepared according to specific requirements and customized to the user demands, the user will not be entitled to cancel the transaction.
- In case of cancellation (subject to the above), the owner will charge the maximum transaction cancellation fee permitted by the Consumer Protection (Cancellation) Regulations, 2010. In addition, if the payment was made through credit card, the owner will be entitled to collect the credit clearing fee paid to the credit company. Product transportation fees (to the user’s address) will not be returned to the user in any case.
- Services to be ordered from the owner may be canceled only in accordance with the Consumer Protection (Cancellation) Regulations, 2010. Without limiting the generality of the foregoing, it is clarified that cancellation of an order for information, concerning information which has been provided to the user, will not be permitted.
- In addition, cancellation of hotel services and/or flights, including boarding for animals, shall not be permitted, except as required by the Consumer Protection (Cancellation) Regulations, 2010. It is clarified that in accordance with the regulations, accommodation / hotel services abroad cannot be canceled, and the cancellation of catering and/or boarding services is Israel is limited to not less than 14 days before the date on which the service should be carried out.
- Payments to be made to third parties, with whom the owner works, will be refunded only in accordance with the laws applicable to those entities, and in accordance with their refund policy. Without limiting the generality of the foregoing, it is clarified that some of the parties with which the owner co-operates (such as animal transport services abroad, animal storage services and/or boarding services for animals abroad, veterinarians abroad, etc.) are foreign entities, to which Israeli consumer protection laws do not apply, and they will not agree to cancel orders and/or make refunds, under any circumstances.
- In the event that the owner decides, at its sole discretion, and not as a result of a breach of these terms and conditions by the user, to stop providing the services to a particular user (e.g. due to cease if the owner’s operations in general, or due to discontinuation of services regarding a specific kind of an animal or certain target countries), the owner shall return to that user any payments paid by him and for which he was not provided any service or product.
- The User is not required to provide any information to the website and/or to the owner, and any decision to provide such information will be made at the user’s sole discretion. However, the failure to communicate certain information might prevent the user from receiving some of the services of the website, or lead to a situation where the services will not result in the required results.
- The owner will be permitted to use the information provided by the user over the website (either directly or as part of browsing the site), and additional information provided by the user, for various business needs of the owner, as may be applicable from time to time, including contacting third parties, advertising, marketing and promotion, providing mailing services (including direct mail by the owner and/or any of its agents and/or other factors, for the benefit of clients and third parties; The owner will only make legal use of the information obtained, and use it solely in accordance with applicable laws and with these terms and conditions.
- When registering, the user will be asked to provide contact information such as phone, address or email. The user hereby approves the receipt of messages and/or e-mail updates from the management of the website and/or any of its agents, and/or from third parties with whom the owner shall cooperate, including confirmation of the use of such details for the purpose of mailing various commercial contents to the user by the website, the owner, and/or third parties, including direct mail, and sending advertising materials. The user shall have no claim against the owner in connection with such email messages.
- By use of the website, the user gives his consent to the owner exposing and/or transmitting identifying information about him, obtained from the user and/or in connection with the user’s use of the website, including all user information held by the owner, the user’s computer’s IP address, setting times and length, and other various information which may identify the user and/or link any user to any activity on the internet. The user hereby irrevocably consents to such actions by the owner (at the owner’s sole discretion), including in the case of the sale of information to a third party, merger of the owner’s activity and/or the website with another party, or as required by law or by competent authorities or by virtue of a judicial order, without prior notice or obtaining further consent from the user beyond that set forth in these terms and conditions. The user hereby irrevocably agrees that he will not have any claim and/or demand against the owner in such cases.
- For the avoidance of doubt, the owner shall be obligated to comply with the provisions of the Privacy Protection Act and the provisions of any Israeli law applicable to it.
- In the event that the owner shall decide to collect information about the users and maintain it, the owner will register the database it has, as required by Israeli law.
- Any user may exercise all the rights reserved to him under the laws of privacy protection granted in Israel, with respect to any information contained in the databases of the owner, relating to that user. A user who wishes to exercise any such right may do so in writing by e-mail to the owner’s address at: info@Pets2Fly.com.
- For the purposes of this chapter, “User Content” shall mean any content uploaded to the website or to the owner’s Facebook page by the user, including business content, business information, articles, questions, information about third parties, advertising, and/or reviews and/or comments relating to other users on the website, and any other content that the user will upload to the website (or to the owner’s Facebook page), at the discretion of the user and of the website, in whatever format, and within each of the services and/or functions to the website.
- The owner hereby announces that it intends to upload content published on its Facebook page, to the website. By uploading any content (image, video or text) to the owner’s Facebook page, the user grants the owner permission to upload this content to the website, and to integrate it into any other marketing material. Without limiting the generality of the foregoing, it is hereby clarified that an add-on will be installed on the website, which will automatically take reviews from the owner’s Facebook page, and publish them on the website. This add-on will also publish the user’s Facebook profile on the website, as it appeared on the Facebook page.
- The owner does not guarantee that any “User Content” will be uploaded to the website, and/or that it will be presented in any specific place on the website.
- For avoidance of doubt, there will no payment made to any user whose “User Content” will be uploaded to the website, unless expressly otherwise agreed between the owner and the user (whose content had been uploaded).
- The user will be exclusively responsible for the correctness of any content or information it shall publish on the owner’s Facebook page.
- The user undertakes, with respect to any “User Content”, that there is no restriction – legal, contractual and/or otherwise – preventing him from uploading and/or publishing such contents, and that it shall not upload any contents belonging to third parties and/or which are infringing the intellectual property rights of any third party, without the consent of that party.
- The user agrees not to publish any information relating to third parties, and not to upload any information which could harm the dignity or privacy of any third parties.
- The user agrees not to publish any information which may be considered as defamatory and/or damage to the reputation of any third party, including – without limitation – any service providers and/or other users that provide services and/or publish content and/or information on the website. For the avoidance of doubt, publishing contents about the economic situation and/or business situation of any third party, and/or criticizing the conduct of a third party, could be considered as defamation, and the User is required to make sure that the content that it publishes meets all legal requirements.
- In addition, the user will refrain from disclosing trade secrets of third parties, from carrying out commercial torts, and shall refrain from any act which may constitute a cause of action, or may cause damage to the owner or to any third party.
- The user agrees not to upload and/or publish any content in the event that publishing such content is prohibited by any law, and not to violate any order, not to publish any content unlawfully (including reports regarding court hearings held behind closed doors), not to violate the provisions of censorship, gag orders, to avoid harming any state security and / or violating any third parties’ rights.
- In addition, the user hereby undertakes to bear the full responsibility for any “User Content” uploaded by him and/or any advertising and/or message and/or link published by it on the owner’s website and/or Facebook page, and/or associated with it, including for defamation and/or invasion of privacy and/or infringement of proprietary and/or contractual rights, and/or violation of any court order or any other law, and is hereby expressly releases the owner, including its representatives, employees and any persons acting on its behalf, from any responsibility and/or liability in connection therewith.
- The user hereby undertakes to compensate and/or indemnify the owner and/or any person on its behalf, immediately upon their first request, for any damage, injury, loss, expense, cost, loss of profits, lost data, loss of use, damage to reputation and the name good, incurred by them, including for attorney’s fees and legal expenses, due to User’s breach of these terms and conditions, and/or due to any claim and/or demand and/or suit of any third party, including competent authorities, concerning the activities of the user and/or of its representatives on the website, including uploading “User Content”. The indemnification obligations set forth herein shall not in any way derogate from any other relief the owner may be entitled to under any law.
- The user hereby acknowledges that the owner, including its representatives, employees, executives, and any persons acting on its behalf, are not responsible, in any case, for the nature, reliability, correctness, completeness, being up-to-date, legality and/or functioning of any “User Content” that is uploaded to the owner’s Facebook page by other users, and the above shall not be responsible for any reliance by such user on the aforementioned “User Content”.
- The owner may, at its sole discretion, set conditions and/or limitations upon the content uploaded to the website by users, and/or delete such “User Content” at the owner’s sole discretion, due to, among other things, but not limited to, the passage of time since the publications of the “User Content”, and/or due to any deviation from these terms and conditions.
- It is clarified that the owner is not obligated to backup any “User Content”, and upon deletion of any content by the owner and/or by the user, for whatever reason, such “User Content” may not have any backup copies and/or documentation.
- The owner may, at its sole discretion, refuse to post, and/or delete and/or modify, in whole or in part, any “User Content”, whether published or not, without requiring the consent of the user or prior notice to the user, due to inter alia breach and/or fear of a potential breach of any of the provisions of these terms and conditions, the provisions of law or the rights of third parties, and/or due to the order of competent authorities and/or for technical reasons, including technological change, even if the “User Content” is not backed-up.
- By uploading “User Content” to the owner’s Facebook page and/or to the website, the user grants the owner (or any person or entity on its behalf) an irrevocable, free of charge license, for an unlimited period of time, to use such “User Content”, including a license to use such “User Content” for commercial purposes. The license to use shall include providing the owner the right to grant sub-licenses, make derivative works, enter into transactions and/or agreements with third parties, with or without consideration, all in the sole discretion of the owner.
- The owner may, at its sole discretion, integrate advertisements for commercial and other activities, into its website, such advertisements may relate directly and/or indirectly, to any “User Content”, or even be placed adjacent to or near the “User Content”, without it creating any claim or action in favor of the User uploading the “User Content”, including with regard to any consideration for such “User Content”.
- The user hereby permits the owner to photograph its animal. The user acknowledges that the owner may upload these images, or any other image that will be sent to it by the user, to the owner’s Facebook page or to any other promotional material, and the user will not be entitled to any payment with respect to the (commercial) use of the image.
Limitation Of Liability
- Some of the information provided by the owner is the information that had been received by the owner from third parties (including government agencies, airline companies, and foreign companies with which the owner has collaboration relations). Therefore, the owner cannot bear responsibility for the correctness of such information provided in the framework of the services it provides, and/or for such information being fully up-to-date, at any time (although the owner will update the data in its possession upon receipt of any update).
- Without limiting the generality of the foregoing, the owner shall bear no liability whatsoever in respect of:
- Any change in policy and/or requirements of any government agencies and/or government bodies of any Israeli or foreign governments, which had not come to the owner’s attention.
- Any changes in flight schedules and/or flight courses, which will be carried out by any airline company, without the knowledge of the owner, or due to whether changes or other force majeure circumstances.
- Any change in the operating conditions and/or procedures and/or payments required by overseas companies with which the owner is working in collaboration.
- The owner cannot guarantee the complete satisfaction of the user, from any service/information provided to him.
- Therefore, the website, the services offered by the owner, and the information and advice provided therein, are provided on an AS IS basis. Owner, including its representatives, employees, executives, partners, and any person acting on its behalf, are not responsible for any use which the user makes of the services and the information provided to it, the quality of services, and/or the user’s satisfaction of the services, and/or user’s reliance on them.
- The owner, its directors, partners, and any persons acting on its behalf, are not responsible for the website’s and its services meeting the user’s expectations, needs and/or purposes.
- In the event that any images of products will be presented on the website, showing products which will be put up for sale by the owner and/or by third parties, then these images will be general, for illustration purposes only, and shall not necessarily reflect precisely the product offered for sale. Pets2Fly shall not be liable for any inaccuracies in such photos or images.
- The owner, including its representatives, employees and any persons acting on its behalf, are not responsible for the availability of the website, the services and/or any information, at any time, as well as to their suitability to the user (with respect to their character and extent), to any possible impairments, to the content of the information, to non-matching data received by the owner, to data obtained on the user’s computer, to loss of data, and the like.
- The owner, including its representatives, employees, executives and any persons acting on its behalf, shall not be liable for any damages, direct or indirect, which may be caused to the user and/or to any third party as a result of their use of the website, including the consultancy services provided thereon, and/or from their reliance on the services and/or counseling, and/or as a result of the cancellation and/or termination of any of the services offered on the website, including due to any disruption and/or faults in the transmission of information, whether caused intentionally by any third party and whether caused by malfunction.
- The owner and/or its agents shall not be responsible in case a user’s animal’s entry to any destination state will be refused by the local authorities, as a result of any required actions not being taken. It should be noted that if the animal reaches a destination state without complying with all the required procedures, the animal may be inserted into quarantine, flown back to their countries of origin (at the expense of its owner), and sometimes even killed. The owner shall bear no liability whatsoever in respect of any such an event.
- The website, as well as email messages that will be sent by the owner to the user, shall include links to external sites, including through advertising and “User Content”, and shall also include advertisements from websites, individuals and other entities that are not controlled and/or owned by the owner. It is clarified that the owner, including its representatives, employees, directors and any persons acting on its behalf, are not responsible in any way for such external content, and/or for any link and/or advertising and/or information that was not published by the owner, including to the contents of websites to which links on the website may lead. Any use of such content and/or reliance thereon will be at user’s full and exclusive responsibility.
- The owner may include on the website, as well as in emails that it will send to users, commercial content from third parties, including articles, market research, advertisements, banner ads, pop-ups and so on. The user hereby releases the owner, including its representatives, employees, executives, and any person acting on its behalf, from any responsibility and/or liability relating to any commercial content which does not belong to owner.
- The owner does not warrant that use of the information on the website will not be interrupted, will be provided safely and without errors, or will be immune from damage, malfunctions or failures of hardware, software, communication lines and systems, at the owner’s site, or at the site of any of its suppliers or any person on its behalf. The user hereby releases the owner, including its representatives, employees, executives and persons acting on its behalf, from any responsibility and/or liability relating to this.
- The owner will do its best to protect its computer systems against intrusions. However, the owner cannot guarantee absolute protection to its computer systems from any intrusions and/or disclosure of information or interference with the operation of its computer systems. If, despite the security measures taken by the owner, a third party will succeed in hacking into the website and/or the information thereon – including information collected about the user – or will manage to misuse such information, the user (and any persons on its behalf) will not have any claim or demand against the owner or its shareholders, employees and any other person on its behalf.
- In any case where the owner will be obliged to compensate the user for any reason under this agreement (and notwithstanding the provisions of this agreement), the owner’s maximum liability shall be limited to the amount actually paid by the user to the owner for the services set forth herein, during the last three months in which services had been provided to the user under this agreement.
- All intellectual property rights relating to the site, its contents, logos, data files, graphic design, code, systems, images, information, and services, will belong to the owner (or to third parties with whom the owner cooperates or has business relations.
- All intellectual property rights in any file sent to the user by the owner shall belong solely to the owner.
- The user will not be permitted to use any file and/or information sent to it by the owner, unless explicit permission from the owner for such use is granted prior to such use.
- The user hereby waives any and all intellectual property rights in any content uploaded to the website. Furthermore, the user hereby acknowledges that it is not entitled to receive any compensation from the owner in respect of such content and/or for the use thereof (unless otherwise expressly agreed between the parties)
- The name of the owner, the domain name of the website, and trademarks (registered and non-registered) of the owner and/or the website, are the exclusive property of the owner.
- The user hereby grants the owner the full rights to use all information sent to the user, for his personal needs only. The user will be permitted to directly engage with third parties in order to receive the services referred to in the information provided to it by the owner.
- Notwithstanding the foregoing, the user will not be allowed to sell the information and/or the data files, in the form it has received them from the owner, to any third parties. In addition the user may not use the information files in a similar manner to that of the owner, and/or in a manner competing with the owner’s business, without obtaining the owner’s prior written approval.
- The owner and/or the website may remove or block any link to the website, at their sole and absolute discretion, and any such referring website (and the owner thereof) will not have any claims with respect to such action.
- It is hereby clarified that the owner intends to make commercial use of the website, its content, and the services. Thus, if the owner is of the opinion that any content or ad could harm the commercial and/or economic interests of the owner or the website, the owner shall have the right to immediately delete such content, at its sole discretion.
Contacting The Owner
- Any user, who wishes to cancel its registration to any service provided on, or related to, the website, or wishing to refer a complaint and/or comment and/or any questions, shall do so in a clear manner, via an email to customer service or to technical support, as appropriate, to the following address: info@Pets2Fly.com.
- Such user shall specify his/her full name, phone number and e-mail address, and any other relevant detail, in order to allow the owner to examine his request.
- Any complaint relating to a service provided by a third party, or to payments collected directly by any third party, shall be made directly to such third party, and not to the owner.
- The owner may terminate its activities in general, and/or the website’s activity, temporarily and/or permanently, at any time, and in its sole discretion.
- These terms and conditions will apply for the benefit of the owner and all persons or parties acting on its behalf and/or for it. The owner may transfer and/or assign these terms and conditions, and/or the rights and/or obligations provided and/or arising there from, in whole or in part, to an individual, corporation or other legal entity, including (without limitation) any parent company, subsidiary, associated company, etc. , by way of transfer, sale, purchase, merger, split, merger, etc., without prior notice or consent of the user
- The owner reserves the right to change these terms and conditions from time to time, in its sole discretion. Any such change will oblige the user, commencing upon the publication of the revised terms and conditions on the website.
- The user acknowledges that the provisions of these terms and conditions may be updated from time to time, and the new terms will become binding immediately following such update. The user undertakes to read the terms and conditions from time to time, and acts by its terms.
- The exclusive jurisdiction in any matter or dispute between the user and the owner, including with regard to publications and/or use of the website and/or the services provided through the website and/or by the owner, shall be the competent court in the Tel Aviv district, which will be subject to the laws of the State of Israel. The user agrees that the provisions and/or international law rules will not apply, and therefore, in any case, no legal proceedings between the user and the owner shall take place outside of Israel.
- If it is determined that any provision of these Terms is unlawful or has no legal effect and/or is unenforceable, then such provisions shall be deemed replaced by a valid and enforceable provision, the content of which is closest to the intention of the original provision, and such provision shall have no impact on the application and enforceability of the remaining provisions of these Terms.
- Any waiver, delay, extension or relief from the owner to the user shall not constitute a precedent, shall not cause any duty to the owner, and will not be deemed a waiver of any of the owner’s rights under these Terms, unless expressly waived, in writing, specifically relating to the terms of these Terms.
- The user hereby releases the owner, including its representatives, employees and all persons acting on its behalf, from any responsibility and/or liability related to the registration and/or collection which are not done directly by the owner.
- The owner’s records with respect to the determination of the user’s charges shall be deemed accurate and conclusive evidence, and the user will act based thereon. Neither party will offset any claim against the other for any reason.
- It is hereby clarified that only the provisions of these Terms will bind the owner.