These terms and conditions (“Terms and Conditions”) constitute a legally binding agreement between you, the user (referenced below as “You” or “User”) and QAS Israel Ltd., a company incorporated under the laws of the State of Israel (“QAS” or “We”), with respect to the your use of the QAS website (www.flowbyqas.com) and/or and other related websites owned by QAS and/or the QAS application (collectively, the “Website”) and services offered on the Website, including but not limited to, meet & greet services, transportation from and to the airport, lounge services, porterage services, balloon or flower bouquets, etc. (the “Service”).
By using the Website and clicking the “I Agree” button below You accept the Terms and Conditions hereof. QAS reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting the modified provisions on the Website, and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE.
1. THE WEBSITE
The Website is an online booking site for VIP services. The Service offered on the Website are, inter alia, VIP services, shuttle services, lounge services, etc. The Services will be available for purchase for private customers, as well as for travel agents and/or companies under a business agreement with QAS, at its sole discretion.
2. REGISTRATION
2.1. As a condition to using all or some aspects of the Website, Users may be required to register to the Website and create a user account. Your user account may give You access to the Website, any part thereof, and other functions that QAS may establish and maintain from time to time, at its sole discretion.
2.2. As part of the registration process, You may be required to pay a registration fee, provide QAS certain personal information (including, name, phone number, e-mail address, etc.) and select a password. You shall provide QAS with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations, and may not (i) impersonate another person; (ii) use as a user name a name subject to any rights of another person or entity without appropriate authorization; or (iii) use another User’s account without permission.
2.3. QAS reserves the right to refuse the User’s registration or to block the User’s access to the Website, at its sole discretion. The User is solely responsible for the activity that occurs on his/her/its account, and must keep his/her/its account credentials secured. The User must notify QAS immediately of any breach of security or unauthorized use of his/her/its account. QAS will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of QAS or others (including other entities in the QAS group) due to such unauthorized use.
3. INTELLECTUAL PROPERTY AND LICENSE
3.1. The manner of displaying the Services on the Website shall be determined from time to time at the full and exclusive discretion of QAS, except in relation to products and/or services that may be offered by third parties. In any case, the images of the Services appearing on the Website are for illustration purposes only and do not obligate QAS in any way, and the description of the Services will prevail over the information reflected in the image.
3.2. QAS retains all right, title, and interest in and to the Website (including all related intellectual property rights). Subject to these Terms and Conditions, QAS hereby grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service [and the Website], provided that You will not alter or modify any part of the Service and the Website, other than as may be reasonably necessary to use the Service for its intended purpose. Except as expressly provided herein, no other rights or licenses, expressed or implied, are
granted to You by QAS with respect to the Website, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
3.3. All photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, software, code, trademarks, service marks, trade names and other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by QAS or any third party on its behalf to the Websites (other than User Content, as defined below), are the sole property of QAS and/or their licensors (“QAS’s Content”), and subject to copyright and other intellectual property rights under applicable laws,You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of QAS or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, QAS’s Content or any part thereof.
3.4. QAS may allow Users to post comments, questions, reviews, feedback, etc., and to contact QAS in relation to the Website and/or its content and/or Services offered on it. QAS is not and will not be liable for any kind of feedback, comment, review, or question that originates from the Users of the Website and reserves the right to remove them from the Website without notice, at its sole discretion and in accordance with the applicable law.
3.5. Our Website allows You to contact QAS by providing contact information and a description of Your application/request (“User Content”). You are responsible for the Content that You provide QAS on the Website, including its legality, reliability, and appropriateness. By providing QAS the Content, You represent and warrant that: (i) the Content is yours and/or You have the right to use it and the right to grant QAS the rights to use it as described in these Terms and Conditions and/or our Privacy Policy and (ii) the Content does not violate any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. You retain any and all of Your rights to any Content You submit on our Website. We take no responsibility and assume no liability for Content You or any third-party provide QAS on or through the Website. However, by providing QAS the Content on our Website, You hereby grant QAS the right and permission to use, modify, publicly display that Content, in order to use reasonable measures to assist You with Your application/request. QAS has the right, but not the obligation, to monitor, edit or delete all Content provided by You at any time.
4. PROHIBITED USE
4.1. You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to: (a) use the Website in any way that: (i) is defamatory, abusive, harassing, threatening, racially, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (iii) act in a manner that is illegal or encourages or advocates illegal activity; (b) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party or to distribute or disseminate or transmit in any other way any communication or solicitation containing viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (c) create a false identity or impersonate another person; (d) “stalk” or otherwise harass or bully another or engage in any behavior which is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding“, “trolling“, and “griefing” as those terms are commonly understood and used on the Internet; or (e) violate these Terms and Conditions and any applicable local, state, national or international law or regulation.
4.2. In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Website; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Website, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to
discover the source code of the Website or any part thereof; (d) modify, reproduce, or create derivative works from the Website or any part thereof; (e) access the Website or facilities or QAS or the QAS group via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (f) use the Website in any manner that is illegal or not authorized by these Terms and Conditions.
5. GENERAL TERMS OF PAYMENT
5.1.
Payments for Transactions made through the Website will be made in USD, and a payment shall be made for each Transaction.
5.2.
Payment is made by credit card which is debited in a manner consistent with the credit card company used. Payment for agents may also be completed by vouchers, which would be credit on a same-day basis, with the provision on the voucher number, provided at QAS’s sole discretion.
6. CANCELLATION AND MODIFICATION OF A TRANSACTION
6.1.
Cancellation of a transaction made on the Website (“Transaction”) shall be made subject to the provisions of the applicable law concerning a cancellation of a transaction, including the provisions of the Consumer Protection Law, 1981 ))CPL(( and regulations enacted thereunder.
6.2.
For clarification purposes –
6.2.1.
Any Transaction carried out in a "long-distance sales transaction" (according to the definition of this term under the Israeli CPL) can be cancelled within fourteen (14) days of the date of the Transaction, or as of the date of receiving the Transaction summary document (as required under the CPL) and no less than seven (7) days, not being days of rest, prior to the date for which the service is provided. When a cancellation is being made according to the provisions of the CPL as stipulated above, You will receive a refund within 14 days less a cancellation fee of the lesser of 5% and NIS 100.
6.2.2.
If You are a consumer who is “disabled”, “senior citizen” or “new immigrant”, as these terms are defined under the CPL, You can cancel a “long-distance sales transaction” within four (4) months as of the date of the Transaction, or as of the date of receiving the Transaction summary document (as required under the CPL) and no less than seven (7) days, not being days of rest, prior to the date for which the service is provided. This will apply solely to transactions which included a conversation between Yourself and QAS (including a conversation by means of electronic communication). Kindly note that we are entitled to demand documentation to verify Your status. When a cancellation is being made according to the provisions of the CPL as stipulated above, You will receive a refund within 14 days less a cancellation fee of the lesser of 5% and NIS 100.
6.3.
Cancellation of a Transaction shall be made by a written request to QAS's e-mail address [service@flowvip.co.il and/or [by calling to our call center at either *2350 or 079-5551874]. In addition, when canceling a Transaction, You must provide QAS with the following details: full name, e-mail address, telephone number, physical address, and transaction number. Cancellation requests may be made also by submitting the specific cancellation form available into your personal account under your reservation page. Any request will be reviewed by our teams, according to our cancellation terms. A “long distance transaction” can be cancelled through each of the following methods:
o Registered mail at the address P.O box 136, Ben Gurion Airport, 701 5001, Israel.
o Orally, through QAS’s customer service center, at the telephone numbers: *2350 or 079- 5551874;
o By email to: our reservation center at the email address: service@flowvip.co.il;
o Through the link on the Website. The cancellation notice must contain the name of the customer and the identification number.
6.4. If the Transaction is prevented due to factors and/or events beyond QAS's control and/or factors and/or events beyond Your control and/or if a technical fault prevents the completion of the ordering process, QAS reserves the right, in its sole discretion, without this being construed as assuming any liability and without derogating from the other provisions of these Terms and Conditions, to cancel the Transaction, without imposing any financial liability on You. It is hereby clarified that the existence of the COVID-19 virus and any restrictions similar to those implemented prior to the date hereof shall not constitute an event beyond the control of any party.
6.5.
Third party services, if offered through the Website, are not controlled by QAS and it does not endorse any such third-party services and in no event shall QAS be liable for any third party services or third party service providers.. QAS may, but shall not be not obligated to, cancel any Transaction and/or prevent You from making any Transaction on the Website, inter alia, if You: (1) commit an illegal act and/or violate the provisions of these Terms and Conditions; (2) provide incorrect/misleading information during registration and/or afterwards; (3) perform an act and/or omission that could harm QAS and/or anyone acting on its behalf and/or the proper operation of the Website and/or any of QAS's suppliers and/or any third party; or (4) in accordance with the full and exclusive discretion of QAS, pursuant to the provisions of these Terms and Conditions and any applicable law.
6.6. You may send a request for modification of the terms of a booked Transaction (for instance, a change of date, hours, number of attendees etc.) by sending a written request to QAS's e-mail address [ service@flowvip.co.il] and/or by phone to QAS’s reservation center at *2350 or 079-5551874 ]. You should include in your request the following details: full name, e-mail address, telephone number, physical address, and Transaction number. Modification requests may be made also by submitting the specific modification form available into your personal account under your reservation page. If QAS approves, the Transaction shall be amended as agreed between You and QAS, and QAS shall send an email of confirmation including the amended terms of the Transaction and the amended payment. If QAS rejects the requested changes, the Transaction shall remain as initially booked. You may have the possibility to cancel the Transaction subject to the terms of the cancellation policy set forth in Sections 6.1 to 6.5. Any request will be reviewed by our teams, according to our terms for modification of transactions.
6.7.
For the avoidance of doubt, in the event of notice of any change in the original flight time given less than 72 hours before the original flight time, QAS will not be obligated to provide the Services, and the provision of the Services will be subject to availability of QAS personnel, in its sole discretion. If the Services are unavailable, You may seek a refund, which will be provided by QAS at its sole discretion, through QAS’s customer service department.
6.8.
In the event the cancellation terms of the Transaction summary document are more favorable than the terms of this Agreement, the cancellation terms of the Transaction summary document shall prevail.
7. GENERAL TERMS OF USE
7.1. You hereby warrant that You have the authority to enter into these Terms and Conditions, and that your use of the Service on behalf of any third party is authorized by such third party. If You learn of an unauthorized use of the Website by a third party You must notify us promptly.
7.2. If You send QAS feedback or suggestions regarding the Website, You acknowledge that QAS may use them at its sole discretion, without any obligation to compensate You in any manner for such feedback or suggestions.
7.3. You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website, and for any fees charged by third parties in connection therewith, and QAS shall have no responsibility or obligation in connection therewith.
7.4. QAS may (i) change, suspend or discontinue the Website (or any part thereof) at any time, including
the availability of any feature, content or database, without notice or liability; and (ii) offer alternative and/or additional websites to certain Users, that may not be offered to other Users. You acknowledge that QAS may charge a fee for the use of the Website, provided that QAS notifies You of any such fee before You incur it. In addition, QAS may impose limits on certain features or restrict your access to the Website (or any part thereof) without notice or liability.
7.5. It is hereby clarified, that the Website may contain links to other third parties’ websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by QAS and that QAS has no control over them. If You choose to visit such third party’s websites, applications or features, or use its products or services, please be aware that such third party’s own terms of use and privacy policy will apply and govern your activities and any information You disclose while interacting with such third parties. QAS does not make any representation or warranty whatsoever regarding such third party’s websites, applications, features, services, products or content. QAS also does not endorse and cannot ensure that You will be satisfied with any content, products or services that You access, purchase or download from other third parties, and is not responsible or liable in any manner for your interaction with such third parties.
7.6.
QAS reserves the right to join any dispute and/or legal proceeding in connection with a Transaction made on the Website, at its sole and exclusive discretion and without this being construed as accepting any claim of one of the parties, against it or against any other party or any third party, or joining one of the parties.
8. TERMINATION
QAS may terminate or suspend your license, account and access to the Website (or any part thereof) immediately, without prior notice or liability, if You breach, or fail to comply with, any of the Terms and Conditions hereof. QAS may also terminate a User’s access to the Service, if such User is determined to be a repeat infringer, or for any or no reason, in its sole discretion. A repeat infringer is a User who has been notified of infringing activity more than once. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to QAS.
9. PRIVACY POLICY
User acknowledges and agrees that QAS may collect certain data and other information about Users through the Website. Our collection and use of such information is governed by our privacy policy, which is available at www.flowbyqas.com (the “Privacy Policy”). By using our Website, You acknowledge that You have reviewed also our Privacy Policy and agree to be bound by its terms and conditions.
10. WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE SERVICE AND WEBSITE ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. QAS DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. QAS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
11. LIMITATION OF LIABILITY
11.1.
The information obtained by using the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular
purpose, title, non-infringement of any right, rule regulation or law, or any warranty whatsoever.
11.2.
QAS, its subsidiaries and its affiliates do not warrant that: )i) the Website will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; or (iii) the results of using the Website will meet Your requirements. In addition, data or content uploaded to the Website may be lost, damaged or otherwise unrecoverable.
11.3. IN NO EVENT SHALL QAS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER QAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF QAS AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE SERVICE OR WEBSITE EXCEED THE SUMS ACTUALY PAID (IF ANY) BY YOU TO QAS THROUGH USE OF THE SERVICE WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
11.4. USERS AGREE THAT THEY ARE FULLY AND EXCLUSIVLY LIABLE FOR ANY USE THEY AND/OR ANYONE ON THEIR BEHALF MAKES ON THE WEBSITE, INCLUDING ANY CONTENT AND/OR SERVICE AND/OR PRODUCT APPEARING ON IT, AND THAT THEY ARE AWARE THAT QAS IS NOT AND WILL NOT BE LIABLE FOR IT, EITHER DIRECTLY OR INDIRECTLY TO THE EXTENT PERMISSABLE BY APPLICABLE LAW.
11.5. WITHOUT DEROGATING FROM THE FOREGOING, QAS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE OR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR WEBSITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
11.6. QAS is not and will not be liable for any illegal activity carried out in connection with the Services, insofar as it is carried out, by You and/or anyone on your behalf and/or any third party.
11.7. You shall acquire and maintain all insurance as required by applicable law and/or suitable for them and/or for your activities and/or events and/or business. You shall be solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss and liability specific to you and/or anyone on your behalf and/or for any third party. .
12. INDEMNIFICATION.
Upon its first demand, You will indemnify and hold QAS, its shareholders, directors, officers and employees, harmless from any claim (including third-party claim), liability, cost, loss, damage and expense (including reasonable legal fees) caused due to (a) Your access and use of the Website in violation of these Terms and Conditions or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party; and (b) Your breach of any applicable law or regulation, of these Terms and Conditions, including any representation or undertaking hereunder.
13. REPORTING OF INTELLECTUAL PROPERTY INFRINGEMENTS
13.1. If You believe in good faith that any material or content made available on or through the Website has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof via e-mail (at: lironf@qasisrael.co.il) while specifying the exact location of the infringing material, relevant details of the nature of the infringement etc.
14. MISCELLANEOUS
14.1. These Terms and Conditions are subject to any additional terms of conditions applicable to the service purchased from QAS through the Website. In the event of any inconsistency between these Terms and Conditions and terms and conditions applicable to a service purchased by a User through this Website, the terms applicable to the service purchase through the Website shall prevail to the extent of the inconsistency.
14.2. These Terms and Conditions and its performance shall be governed by the laws of State of Israel, without regard to any choice or conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel-Aviv-Jaffa.
14.3. Subject to Section 14.1, these Terms and Conditions and the Privacy Policy constitute the entire agreement between You and QAS with respect to the use of the Website, and supersede all prior or contemporaneous understandings regarding such subject matter.
14.4. QAS reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, QAS will post its updated Terms and Conditions on the Website. Your continued use of our Website will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website. If You do not cease using the Website, You will be deemed to have accepted those modifications.
14.5. QAS may assign at any time any of its rights and/or obligations hereunder to any third party without the User’s consent. You may not assign any of the rights granted to you and/or your liabilities, without QAS's prior written consent. Any attempt to do so without QAS’s prior consent will be void.
14.6. These Terms and Conditions will also govern any future upgrades or updates or new releases provided by QAS in connection with the Website, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
14.7. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.8. The failure of QAS to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by QAS in writing.
14.9. If You have any questions or queries about these Terms and Conditions or our Website in general, please do not hesitate to contact us via e-mail at: lironf@qasisrael.co.il.