Terms of Use

Last updated Nov 8th, 2017

  1. Acceptance of Terms of Use.
    1. Welcome to BetterHotel! BetterHotel developed a unique algorithm that provides its users to upgrade and improve their hotel reservations. How exactly do we do it? You can see it right here: https://www.betterhotel.com/#howitworks.
    2. We encourage you to read these terms carefully, as they affect your legal rights and obligations, including but not limited to limitation of liability, waivers of rights and your indemnity to us. Therefore, the access to and use of the Platform (as defined herein) is subject to the following terms and conditions which are a legally binding agreement between you (the "User", "you", or any variations thereof) and BetterHotel Ltd. (the "Company" "us", "we" or any variations thereof) and shall govern your installation, browsing and/or any other use of BetterHotel, whether as a website, Google Chrome extension, or, if and when applicable, an application downloadable under the Apple Store©, Google Play©, Microsoft Store©, including any online communities and/or forums established by the Company and/or its affiliates in connection with BetterHotel (collectively: the "Platform").
    3. By installing, browsing, logging in and/or otherwise using the Platform, the User accepts and agrees to be bound by these terms and conditions and our Privacy Policy available at https://www.betterhotel.com/privacy. IF YOU DO NOT ACCEPT ANY COVENANT OF THE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU ARE REQUIRED TO REFRAIN FROM USING THE PLATFORM AND TO PROMPTLY UNINSTALL IT FROM YOUR DEVICE (IF APPLICABLE).
    4. The Company may, at its sole discretion, amend, suspend, change or replace these Terms of Use from time to time, without providing the User with any notice of such change. It is the User's responsibility to periodically review and keep being updated with these Terms of Use and comply with their provisions.
  2. Use of Platform.
    1. You are hereby granted with a non-exclusive, non-transferrable, limited license to install, browse and use the Platform for the purposes and scope described herein, and subject to and in accordance with your full compliance with the provisions of these Terms of Use. Without derogating from any other remedy available to the Company, the said license shall automatically expire upon your breach of any of these Terms of Use.
    2. You may not make any use of the Platform if under the jurisdiction which you are subject to, you lack the legal capacity (whether due to age, mental, or any other applicable capacity) in order to use the Platform in a manner contemplated herein and/or otherwise and/or are subject to certain restrictions regarding the collection of information regarding your use of the Platform.
    3. The Platform and its features are provided on an As-Is basis. Although we do our best to do so, we cannot guarantee the suitability of the Platform to your needs or the availability of any of its features.
    4. The Platform and your use thereof is subject to the Company's sole and absolute discretion, and the Company may change, update, suspend, remove or otherwise completely discontinue the availability of the Platform, whether specifically towards you or towards any or all Users.
    5. In course of your use of the Platform, you may be asked to share with us certain information, via a questionnaire or any other method, regarding your hotel reservations. Furthermore, the platform makes use of your electronic mail inbox as a tool to find the best offers for you, and utilizes the order confirmations you receive from certain hotels and/or certain booking websites in order to upgrade and officiate your hotel alternatives. It shall be clarified, that we will only review your emails that relate to hotel confirmations, and will abstain reviewing other emails. We are aware that this kind of information may be sensitive to you, and we ensure you that we will maintain your full discretion. Note that the accuracy and precision of the information you provide us with is crucial for the proper function of our unique services.
    6. Restriction on Use. While using the Platform and/or in any interaction in any Platform forum and/or community, there are certain conducts which are strictly prohibited. You may not perform, or allow others to perform on your behalf, whether intentionally or recklessly, any of the following:
      1. Browse, surf, process, scan or use the Platform via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
      2. Manipulate the URL of the Platform, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);
      3. Manipulate the content of the Platform or any portion thereof and/or its process and procedures;
      4. Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Platform;
      5. Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;
      6. Promote advertisements or disruptive commercial messages;
      7. Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Platform and/or any components thereof (including any Company content as defined herein) and/or act to collect, harvest and/or data mine any data associated with the Platform and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts (as defined below), etc.;
      8. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Platform and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
      9. Intimidate, threaten, harass or abuse anyone in any manner;
      10. Steal or attempt to steal passwords or other private and/or financial information from other users and/or components of the Platform;
      11. Use the Platform in order to perform illegal or prohibited actions under any jurisdiction.
      12. Lease, sell, trade, sublicense or otherwise transfer your User Account; and,
      13. Carry out any action which violates any community guidelines, Terms of Use and/or Privacy Policy, as prescribed herein and/or as otherwise published by the Company from time to time.
    7. Promotional Content; External Links.
      1. You understand that certain promotional materials might be presented to you while you are using the Platform (the "Promotional Content") including without limitation from certain hotels and/or any other service providers ("Providers"). The Promotional Content might be based upon information collected by us from our users, in accordance with our Privacy Policy. We have no control over the selection of the Promotional Content, the order of its presentation or its accuracy, and therefore assume no responsibility and/or any liability in that respect.
      2. Certain adverts or Hyper-Links displayed on the Platform (including those provided to you by other users in the course of your interaction via the Platform) may refer or direct to websites managed or owned by third parties. It is clarified that the Company does not examine these websites and does not support them or their content and cannot verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites, and their consequences thereof. However, in the event that you encounter any Promotional Content that contradicts the provisions of these Terms of Use, kindly notify us in accordance with the contact information specified under section ‎8 herein, in order for us to investigate, and if necessary, take the required actions.
    8. Without derogating from any remedy which the Company may be entitled to, we reserve the right to disable, suspend, cancel or block your access to your Account (as defined below), and/or otherwise prevent you from using the Platform, and suspend or cancel any action carried out on the Platform, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of these Terms of Use, the Privacy Policy and/or any applicable law or regulation.
  3. User Account.
    1. In order to access and enjoy certain or all features of the Platform you will be required to set up a user account (the "Account"). In order to set up your Account you may be required to provide certain information and/or documentation, including without limitations, email, contact information, username and password, and if applicable, such information required to allow the Company to access certain information associated with your social media account(s), in the event that you will select to set up your Account via a 3rd Party Login Account (as defined below), in case such access is applicable. Our use and storage of the information you share with us in that respect shall also be in accordance with these Terms and Conditions and our Privacy Policy.
    2. As specified above, if and when applicable, use of or access to the Platform may be subject to registration or login via User's Facebook Connect, Google account or similar third party services (each: the "3rd Party Login Account") which shall constitute as your Account in all manners and respects.
    3. Notwithstanding anything to the contrary herein, you understand that the Company has no control over the 3rd Party Login Account, and thus shall not be responsible for your use of such 3rd Party Login Account (including, without limitations, identity, password or any other information theft, security measures or lack thereof, data traffic, runtime, downtime, etc.) and/or any damage arising in connection with the use of such 3rd Party Login Account. You further acknowledge that you will be solely responsible to meet all applicable requirements and/or license terms which you are subject to pursuant to your use of the 3rd Party Login Account, imposed by the entities providing you with such 3rd Party Login Account.
    4. User shall notify the Company immediately of any suspicion regarding unauthorized access to the Platform through the Account or through a 3rd Party Login Account.
    5. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account, without the Company’s prior written and express consent.
    6. We might, at our sole discretion, change, annul and/or otherwise reclaim the username associated with your Account, in the event that we believe that you have violated these Terms of Use, You understand that once you link certain information in the process of creating your Account (such as your name, profile picture, etc.), such information may be publicly available for view, and further indexed under certain search engines, which we have no control over.
    7. We may incorporate and use certain third party components and/or services for the operations of the Platform (the "3rd Party Components"). Any use of such 3rd Party Components will be subject to the additional provisions provided by the applicable licenses provided by the licensors of such 3rd Party Components, which we have no control over.
    8. DESPITE THE COMPANY MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE PLATFORM, WE CAN NOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
    9. Content Uploaded by Providers.
      1. As mentioned, certain promotional and informational materials that were uploaded by Providers might be presented to you while you are using the Platform. You understand and acknowledge that any content uploaded and/or otherwise transmitted by Providers is made through an automatic process, thus the Company may not verify, examine and/or monitor the uploaded content and/or the content of the above materials, and shall not be held liable for the consequences of your interaction with such Providers using the Platform.
      2. We provide no representations and/or warranties regarding the quality, truthfulness, nature and/or the lawfulness of any content uploaded and/or otherwise transmitter via the Platform. However, if you find yourself exposed to materials you find offensive or objectionable, kindly let us know via the contact information found below in Section ‎8.
    10. Company Content
      1. Unless otherwise expressly stated herein, all rights, title and interest in and to the Platform and any enhancement, development or derivative work thereof, including without limitations, its design, source code, graphics, logos, text, methods, procedures, approaches and any other content elements (whether or not patentable) are, and shall be held exclusively by the Company or any licensor which licensed the specific element for the Company's use with respect to the Platform, as applicable (whether or not patentable), and any trademarks, trade names, copyrights or patents thereof (the "Company Content"). The Company Content may not be subject to any action which may be considered as any infringement of any third party right, including, without limitations, copying, transferring, selling, altering, modifying, allowing access to, or otherwise using the Company Content in an unlawful and/or restricted manner.
    11. Feedback.
      We find your feedback and suggestions highly significant. In case you provide us with suggestions, comments or feedback in any form regarding the Platform or the Company’s services, whether existing, suggested or contemplated, (the "Feedback"), such Feedback is and shall be exclusively owned by the Company. You hereby waive any and all rights to the Feedback and shall have no claim regarding the implementation of the Feedback or lack thereof, or regarding lack of any attribution, acknowledgement, credit or compensation in connection with any implementation of the Feedback by the Company or any third party. Company will exclusively own any rights to the Feedback which it has chosen to espouse or embrace.
  4. Notifications and Updates
    1. We may send reminders, alerts or important service related notifications via several methods, subject to your prior consent and to applicable law. The notifications will usually be sent via SMS text messages and/or Email, although we may also use other applicable methods. We strongly recommend our users to enable email and SMS messages as they will be critical for your receipt of the better offer out there!
    2. You hereby acknowledge and agree that the reception of SMS text messages, emails and push notifications (if applicable) is not 100% guaranteed and that the offers you receive depend on your timely response upon their receipt.
    3. We shall have no responsibility or liability for the damages and/or costs incurred by your not receiving such notifications, or by the insufficient operation of your mobile network, email account and/or device.
    4. Opting out of SMS notifications or email notifications can be completed by sending an e-mail to support@betterhotel.com or by contacting us via the contact information specified in section ‎8 Opting out of push notifications, if applicable, can be completed by your mobile phone settings.
  5. WARRANTIES.
    1. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPLICIT OR IMPLIED, IN CONNECTION WITH THE PLATFORM, ANY COMPANY CONTENT, AND ITS USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    2. FURTHERMORE, WE DO NOT GUARANTEE NOR ASSUME ANY RESPONSIBILITY REGARDING THE ACCURACY OR COMPLETENESS OF THE ACTIVITIES ASSOCIATED WITH THE PLATFORM AND/OR ANY RELATED CONTENT (INCLUDING ANY INFRINGEMENT THEREOF), NOR REGARDING ANY RESULTS OBTAINED IN CONNECTION WITH THE USE OF THE PLATFORM AND/OR ANY CONTENT OF ANY SITES LINKED TO OR OTHERWISE TRANSMITTED VIA THE PLATFORM, INCLUDING WITHOUT LIMITATIONS, IN CONNECTION WITH ANY ERRORS, BUGS, VIRUSES, TROJAN HORSES AND/OR ANY OTHER FORM OF MALWARE, SERVER RUNTIME AND/OR DOWNTIME (INCLUDING ANY INTERRUPTION OR CESSATION OF ANY DATA RECEIVED AND/OR OTHERWISE TRANSMITTED WITHIN THE SCOPE OF THE USE OF THE PLATFORM), SERVER SECURITY MEASURES, CONTENT UPLOADED BY OTHER USERS AND/OR YOURSELF (INCLUDING ANY PERSONAL, FINANCIAL AND/OR ANY OTHER INFORMATION) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, OR IN CONNECTION WITH ANY USERS' (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS OF USE.
  6. LIMITATION OF LIABILITY.
    1. THE COMPANY, ITS SHAREHOLDERS, OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES AND/OR PUNITIVE DAMAGES, INCURRED BY USER AND/OR ANYONE ON USER'S BEHALF DUE TO ANY USE OF THE PLATFORM AND/OR ANY RELATED CONTENT, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE PLATFORM AND/OR ANY RELATED CONTENT (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, AND INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY LOGIN ACCOUNT OR INFORMATION, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE PLATFORM (IF PAID) OR $100.
    2. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER'S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE PLATFORM.
  7. Indemnification.

    You shall indemnify the Company, its shareholders, directors and officers, employees, service providers and/or any affiliates (collectively: the "Indemnitees"), for claims, suits, losses and/or damages resulting from any 3rd party claims or complaints arising from, or in connection with, your failure to act in accordance with these Terms of Use, upon the Indemnitees' first demand.

  8. Notice of Infringement or Abuse.

    If you have cause to believe any content found in the Platform (including such content provided by other users) to be in violation of these Terms of Use and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to support@betterhotel.com, stating the violating content and the nature of violation.

  9. Governing Law and Jurisdiction.

    These Terms of Use shall be construed and governed by the laws of the State of Israel. Any dispute arising from the terms of these Terms of Use, the use or misuse of the Platform and/or applicable content, shall be subject to the exclusive jurisdiction of the competent courts in the District of Tel Aviv, Israel.

  10. Assignment.

    You may not assign these Terms of Use without the prior written consent of the Company, which may refuse in their sole discretion. Any attempt to assign these Terms without prior written consent from the Company shall be null and void.

  11. Termination.

    You may terminate your relations with the Company in connection with the use of the Platform at any time, by deleting your Account and uninstalling the Platform. However, the terms of use in effect on the date of such termination, shall continue to be in force in connection with your use of the platform until the date of such termination. The Company may terminate the license and other rights granted to you herein, in accordance with the provisions of these Term of Use, or by otherwise notifying you via electronic mail or any in-Platform message.