Terms of Use and Articles of Association
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General
These Terms of Use (“Terms of Use”) regulate your use of the Site (as this term is defined below) operated by Villa Pnai licensed dealer No. 025629809 (the “Villa”). The Services offered to you, as a casual visitor to the Site or as a registered user (together, the “User”) include information and services, including a contact mechanism with the Villa and a room-booking mechanism, which includes an on-line payment mechanism (together, the “Services”). Using or receiving the Services from the Site is subject to these Terms of Use and to the terms of the privacy policy (the “Privacy Policy”) of the Villa which can be seen on the Site and which is an inseparable part of these Terms of Use. Please be sure to examine the Terms of Use before making any use of the Site. Using the Services, in effect, constitutes your consent to these Terms of Use. If you do not consent to the Terms of Use, in whole or in part, you are not authorized to make use of the Services.
The trademarks in the Site are trademarks of their owners (whether registered as such or otherwise). You are not authorized to make any use of them, or to duplicate or copy them in any form. All proprietary rights in the intellectual property, the Site and the services, including the design of the applications through which such use is performed, as well as any software, application, computer code, graphics files, texts, and any other materials included in the Site (aside from third-party contents) are the exclusive property of the Villa or of third parties, and shall remain their property at all times.
The Villa reserves the right to alter and update these Terms of Use. The updated Terms of Use may be viewed from time to time by clicking the appropriate link in the Site. Any use of the Site shall constitute renewed consent to these Terms of Use.
These Terms of Use are directed at you, however if you are acting on behalf or for a business, these Terms of Use will apply to you and to the business.
If you are under the age of 18, please read these Terms of Use carefully together with your parents (or another guardian). If you (or your parents) do not agree to the Terms of Use of the Site, in whole or in part, you are not authorized to use the Site for any purpose.
In the event of any incompatibility between the stated in these Terms of Use and between the stated in any other informational pages in the Site (such as: customer service, frequently asked questions), the stated in these Terms of Use shall govern.
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Definitions
1. The following terms shall have the meanings ascribed alongside them, unless expressly stated otherwise:
1.1. The “Site” means the Villa’s website. Its address is www.villapnai.com.
1.2. A “Device” means a computer, communications equipment (including the modem), telephone device, cellphone device (including smartphones) and any other equipment, hardware or software that you use in your consumption of the Services, as well as any accompanying functions thereto, including information security.
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Use of the Site
2. You are hereby authorized to make use of the Site in accordance with the rules and guidelines set out below. The Site may not be used in any other manner without obtaining the express prior written consent of the Villa, and subject to the terms of consent (if given).
3. You are hereby authorized to use the Site solely for private and personal purposes, and you may not copy and use, or allow others to use, contents of the Site, including other websites, electronic and printed publications etc., in any way and for any purpose, whether commercial or otherwise, that is not for the purpose of personal and private use.
4. No computer application or other means may be operated or allowed to be operated, including software such as Robots, Crawlers and such, for the purpose of automatically searching, scanning, copying or reconstructing content from the Site. This includes using such means to create a collection, reserve or database including contents from the Site.
5. Contents from the Site may not be displayed in a frame, whether revealed or hidden.
6. Contents from the Site may not be displayed in any manner – including using any software, Device, accessory or communication protocol – that alters the its design or removes any contents from them, including, in particular, advertisements and commercial content.
7. Do not link the Site to any website containing pornographic content, content inciting to racism or unlawful discrimination, illegal content, or whose advertisement is illegal or incites to illegal activity.
8. Do not link to content from the Site, which is not the home page of the sites (“Deep Link”) and you may not display or publish such content in any other way unless the Deep Link is to a web page in the site in its entirety and as is, so it is seen and used in the same manner as it appears and is being used in thr Site. In this context, it is prohibited to link to content from the Site, apart from the web pages on which they appear on the sites (for example: it is prohibited to link directly from the Site to a picture or a graphics file. A link to the full web page in which they appear, is allowed). Also, the exact URL of the web page on the Site should appear in the usual place designated for this in the user interface, for example: in the status bar in the user’s browser. This address may not be altered, misrepresented, or replaced at any other address.
9. The Villa may instruct you to cancel any such Deep Link at its sole discretion. In this case you will immediately cancel the Deep Link and you will have no claim or demand against the Villa in this matter.
10. These instructions do not derogate from any other instruction in the Terms of Use and the on-line agreement accompanying the Services on the Site.
11. The Villa shall not be liable for any damage caused by links to contents from the Site and of any portrayal or advertisement of such contents in any other manner. You are fully and exclusively responsible for any link, portrayal or advertisements of the contents made by you and undertake to indemnify the Villa for any damage it may suffer as a result.
12. Embedding-do not embed video clips from the Site without the prior written permission of the Villa on any site, including those containing or hosting: pornographic contents, content inciting to racism or unlawful discrimination, illegal content, or whose advertisement is illegal or incites to illegal activity, or sites that the very fact of embedding a video within them shall create a breach of moral copyrights of a third party including the creators of the video clip and the copyrights owners of it. The Villa reserves the right not to allow the embedding of videos or change the link to the video without the need to notify you in advance and you will have no claim or demand against the Villa for making such changes or malfunctions that occur as they occur. The Villa may instruct you to cancel any such implementation at its sole discretion – in this case you will cancel the implementation immediately and you shall have no claim or demand against the Villa in this matter. The Villa shall not be liable for any damage caused by embedding videos from the Site. You are fully and exclusively responsible for any assimilation made by you, including the regulation of copyright and payment to the respective copyright societies / performers in accordance with any law, and undertake to indemnify the Villa for any damage it may suffer as a result.
13. You hereby undertake not to perform the following actions (in whole or in part):
13.1. Impersonating any person or legal entity apart from the User of the Services.
13.2. Uploading, sending or broadcasting any materials containing any kind of computer virus, or any other computer code intended to ruin, disrupt, or limit the use (including any other use, apart from fair and reasonable use of the Site) of any of the computers, servers, hardware or software used by the Villa to provide the Services.
13.3. Distributing spam mail or any other mail using the servers through which the Services are operated.
13.4. Altering, processing, adapting, sublicensing, translating, selling, reverse-engineering, dismantling or reconstructing any of the parts of the code that comprise the Site, as well as any such actions in respect of the hardware or software used in the provision of the Services.
13.5. Violate the copyrights, trademarks or other intellectual property rights found in the framework of the Services.
13.6. Transfer or receive the Services or any part thereof, or display any part of the Site, in a frame within an internet page or other application, or as a part of another internet page or application (a mirror), or as a part of another service, without the prior written consent of the Villa.
13.7. Use Robots, Spiders, data search and recovery engines, or any other automated tools or manual tools intended to index, recover and locate data found in the Services or the Site, or such tools intended to expose the structure of the database and code contained in the Services or the Site.
13.8. To disrupt, in any other manner, or interrupt the Services or the Site, including by disrupting the activity of the server and the network of computers connected to the Services, the Site, or the network of computers connected thereto.
13.9. To upload or to send through the Services, any materials or messages that are illegal, immoral or offensive in any manner, or that are irrelevant.
13.10. To Make any use of the Services not in accordance with the provisions of these Terms of Use.
13.11. Without derogating from the foregoing, the Villa may remove or edit messages you upload to the Services, at its sole discretion (to the extent that uploading such messages is made possible in the framework of the Services provided through the Site).
13.12. You hereby undertake not to make any illegal use of the Services or the Device.
13.13. You hereby undertake not to may any use of the Services that could violate the copyrights or intellectual property rights of the Villa, of companies that advertise their services through the Site, or of any other party.
13.14. The User has the right to use the data presented in the Site only for its personal and private use. No commercial or for-profit use may be made of any data contained in the Site, and the User may not authorize third parties to make any use of the data, whether for consideration or otherwise. It is hereby clarified that data advertised on the Site may not be used for displaying on the internet or on another service without the prior written consent of the Villa, and subject to these Terms of Use. The User undertakes not to store data displayed in the Site using various types of software, nor to distribute data displayed in the Site in public in a commercial manner or framework, or for any other purpose. The Site may not be presented in a different design or graphical interface other than those determined by the Villa, other than subject to the prior written consent of the Villa. The Site may not be displayed in a manner that derogates from the form of any contents contained therein.
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Property and Intellectual Property
14. The Villa or the party issuing the right to use them to the Villa, holds all rights to the intellectual property and to the copyrights in the Site, the Services and whatever content included therein. One shall not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivative of, sell or lease any part of the foregoing, whether on its own or through or in cooperation with any third party, in any way or using any means, whether electronic, mechanical, optical, through photographic or recording means, or any other means, without obtaining the prior written consent of the Villa or other rights holders, as applicable, and subject to the terms of such consent (if granted). This provision is effective in respect of any processing, editing or translation performed by the Villa on contents input or provided by you to the Site.
15. If and to the extent that such consent is granted, you must refrain from removing, deleting or obscuring any message or symbol in respect of the intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the contents that you use.
16. Trademarks and advertisements of parties advertising in the Site are the sole property of such advertisers. No use may be made of these, as well, without the prior written consent of the advertisers.
17. You hereby grant the Villa irrevocable and unconditional permission to make use of the information you provided to the Villa (details about its collection and retention is to be found in the Privacy Policy) or that was collected automatically while you browsed the Site, to create anonymous statistical data, including generating Averaged Data, Aggregated Data, performance tests or Benchmarks; user preferences, comparisons, recommendations or other calculations, or creating derivative products based on the information provided by you or collected about you, whether combined with information received from third parties or otherwise (said actions and their products being jointly termed “Statistical Data”). Without derogating from the foregoing, it is clarified that the Statistical Data is the sole property of the Villa, and that it owns all rights, including copyrights and intellectual property rights, in respect of the Statistical Data. The Villa shall hold an unlimited right to use, update, alter, improve, sell, lease, create derivatives of or make any other use of the Statistical Data, without being required to give notice or bear any other duty or liability toward you. To avoid any doubt, you hereby assign all rights in the Statistical Data to the Villa, and hereby waive any right in the Statistical Data or any claim in connection with the use thereof.
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Remedies
18. The Villa shall be entitled, at any time and without prior notice, to give notice of inaccurate or erroneous information you provided to it; to immediately warn its community of Users against your actions; to restrict your access to the Services; and to refuse to provide you with the Services in the event of the occurrence of one or more of the following:
18.1. There is concern that you breached the provisions of these Terms of Use;
18.2. It is unable to verify or validate information you provided.
18.3. It believes that your use of the Services represents a financial risk, fraud or it believes there is a reasonable risk of financial risk or fraud;
18.4. It believes that your activity may cause you, the Villa or its community of Users, financial loss, payments due or legal liability.
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Liability and Risk
19. The Villa shall not be liable or responsible, whether directly or indirectly, to compensate for any damage caused by the information appearing on the Site or caused by the use or the inability to use the Services or the commercial options appearing on the Site, or anything related to them.
20. It is clarified that the Villa’s systems, by virtue of being based on software, hardware and communications networks, are exposed to the risks inherent in systems of these kinds, including harmful software (viruses, trojan horses etc.), wiretapping, infiltration by hostile parties, identity theft and other online fraud. The Villa invests efforts in protecting against these risks; however, it is not possible to completely block these risks, and damages or losses may be incurred as a result of the realization of any of these risks, including the exposure or corruption of information provided to or displayed by the systems, including the corruption of instructions/requests; unauthorized account activity; corruption of the use of the systems or its response times, including the failure to perform, faulty performance or delayed performance of any instruction/request, unavailability of the systems or any of their Services and so forth.
21. It is clarified that the Services will be provided by the Villa in accordance with your instructions, or the instructions of any person impersonating you, subject to the provisions of these Terms of Use. As such, in order to minimize the risk, you must be careful to follow the Villa’s information security procedures. Furthermore, you must notify the Villa at once of any instance of suspicion of misuse of your name or information about you. You hereby undertake to bear liability for any breach you commit in respect of the Villa’s information security procedures.
22. Without derogating from the provisions of this Terms of Use, the Villa is exempted from liability for any damages, losses or expenses you may incur, directly or indirectly, as a result of one of the following events/factors:
22.1. Corruption of data or instructions, or failure or delay in performance of instructions as a result of malfunctions or other disruptions in the lines of communication or electronic functionality or mechanical failure, whether on your part or between the Villa and any third party through which instructions and data are transferred;
22.2. Faulty performance of any software or hardware in your possession.
22.3. It is hereby clarified that you undertake to bear any damages, loss or expenses incurred to you or the Villa in connection with your exposure and disclosure of information to any third party as a result of your use of the Services, or as a result of your provision of inaccurate information, or as a result of you giving your Device to a third party, including for the purpose of repairing your Device, and including in the event that such third party views information received from the Villa on your Device or performs different actions in the framework of the Services.
23. It is clarified that the foregoing does not derogate from your responsibility in respect of your Device, including in respect of its security. Furthermore, it is clarified that certain actions performed with the Device, such as “jailbreaking” it, are likely to harm the security of the information and the Services, in addition to some such actions being illegal and forbidden.
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Privacy
24. If you do not consent to a term of the Privacy Policy, please refrain from using the Site. Any use of the Site is subject to consent to the Privacy Policy in full.
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Third party websites and services
25. Part of the Services may provide you with access to third party websites, including links made by parties which create advertising through the Services. These links are made for your convenience only, the use of the information or other contents appearing on the external web sites, which the link lead to, require a cautious and careful examination. It is hereby clarified that the Villa has no control or right regarding the contents appearing on these eternal sites. Furthermore, the Villa holds no responsibility for a case you have relied upon these external sites or acted according to them. The links appearing on the Services should not be interpreted as a recommendation, preference or authorization to use the material or contents or products appearing on the external sites. Also, these links should not be interpreted as a guarantee for reliability, accuracy or completeness of the information entailed in them. By clicking on the link, you are hereby relinquishing any claim or demand towards the Villa for any damage or payment or loss incurred to you (if indeed the you were incurred with the such) as a result of reliance on the information appearing on these external sites, or as a result of the use of such information.
26. If you should find that the information entailed in the Services, or the existing information amongst the contents of any other service linked to it, is invalid, illegal, immoral, or which does not meet User expectations, please inform the Villa on the matter, via e-mail: home@villapnai.com.
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Shopping, commercials and commercial information
27. It is hereby clarified that some of the services and products on the Site or sub-sites or sites to which you will be directed from the Site are provided by external vendors and not by the Villa. The Villa is not a party to any transaction executed by these vendors and has no responsibility for the quality of the product or service.
The information appearing on the Site regarding the aforementioned products or services is provided by the business or supplier. The Villa is not responsible for the correctness of the information provided by the business with respect to any product or service, including their quality, price, inventory quantities, delivery dates, warranty, technical specifications, days and hours of operation of the business and any other details in connection with the product or service provided.
28. In addition, the Site may include commercial content, such as advertisements and commercials, submitted for publication on behalf of various advertisers or Users who wish to offer properties or services for sale. Such content may be in text, pictures or voice.
29. The Villa shall not bear any responsibility for the commercial content published on the Site. The Villa does not write, review, verify or edit the content or authenticity of such publications. The sole responsibility for the commercial content and for any consequence resulting from the use of or reliance on them applies to advertisers. Publication of commercial content on the Site does not constitute a recommendation or encouragement to purchase the services, properties or products offered for sale.
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Booking through the Site
30. The Site enables the User to book rooms in the Villa. Charging the ordering party on the Site shall be made only by using a credit card, and after receipt of approval from the credit card company.
31. In case of any payment overdue, for any reason, the purchaser shall pay interest, as per the applicable law.
32. The only valid confirmation for receipt of the order in the Villa, shall be an authorization regarding a purchase order, received in the ordering party’s e-mail address, which includes the relevant details of the order, including the order No. and the ordering party’s details. The Villa’s data processing computer’s records, regarding the performance of a purchase order by the ordering party, shall be considered as evidence of their correctness.
33. An action shall be considered as complete only after the credit card companies’ authorization for the performance of the transaction, has been settled.
34. Cancelling a reservation until 14 days prior to arrival date, shall be free of charge. Cancelling the reservation as of 14 days prior to arrival date and until 1 day before it, shall cause a charge of 50% of the total cost of the reservation. Failure to arrive shall cause a charge of the entire cost of the reservation. During the holiday season and during the summertime cancelling a reservation until 30 days prior to arrival date, shall be free of charge. On these times, cancelling the reservation as of 30 days prior to arrival date and until 1 day before it, shall cause a charge of 50% of the total cost of the reservation
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Securing the Services
35. The Villa sees great importance in its Users data security and invests considerable resources for securing information confidentiality. It is within this framework, that the Villa makes use of many security measures.
36. The Villa does not check the information and content which appear on-line, except for defending its network, and therefore, you are responsible to take appropriate security measures (such as against viruses, computer infiltration, loss of information, exposing of secrets etc.), which emanate from links to external communications networks or from the capability to receive files and other information from different sources, and any use you do in such information or services is at your own responsibility, alone.
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Notifications and updates
37. You may receive different updates and messages from the Villa, including promotional messages and materials, by mail, e-mail, text-messages, facsimile, automated dialing machine or by any other communications medium you have provided us with in your registration form to the Services and only if you have approved the receipt of such messages and updates.
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Governing Law