Terms & Conditions

READING AND ACCEPTING THE FOLLOWING TERMS AND CONDITIONS OF USE IS A PRECONDITION TO USING THE APPLICATION AND/OR WEBSITE. BY CHOOSING THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS WINDOW, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS OF USE AND THAT YOU ACCEPT AND AGREE TO ABIDE BY THEM. 

קריאת תנאי השימוש והסכמה לפעול לפיהם מהווה תנאי לשימוש באפליקציה ובאתר, לפי העניין. באמצעות סימון "I ACCEPT", את/ה מצהיר/ה שקראת והבנת את תנאי השימוש שלהלן, ושאת/ה מסכים/ה לפעול לפיהם. אם אינך מבין/ה את הכתוב, ומעוניין/ת לקרוא את תוכן תנאי השימוש בשפה העברית בטרם מתן הסכמתך לפעול לפיהם, אנא פנה/י אלינו, אל:  info@wiv.club

TERMS AND CONDITIONS OF USE – WIV APPLICATION AND WEBSITE

General

Welcome to WIV application or website, as applicable (together: the "Application"), developed and established by WIV Club (the "Application" and "WIV" respectively), and designed to provide you with a variety of high quality services, amenities and activities in order to create a complete wellbeing experience in the workplace, as detailed in section‎5  below )‎the "Services"). 

Please read the following terms and conditions of use carefully before using the Application and/or any of the Services. These terms and conditions of use in conjunction with the Privacy Policy the End User License Agreement ("EULA") and other terms and conditions/policies which may be posted on the Application and/or any of the Services (together: the "Terms of Use"), constitute a legal agreement that governs your use of the Application and/or any of the Services. 

For the purpose of these Terms of Use, WIV shall be deemed the administrator of the Application and the Services, for all intents and purposes, and you shall be hereinafter referred to as the "user" or "you". Only users whose email addresses were transferred to WIV by the HR Managers (as defined below) and Building Tenants Experience Managers (as defined below) will be able to use the Application. WIV shall not be liable and/or responsible for the identity, background and behavior of any of the users. 

WIV reserves the right to update, revise or amend these Terms of Use from time to time without prior notice at its sole discretion. Upon posting any updated, revised or amendment Terms of Use on the Application, they shall become immediately binding. By accessing and/or using the Application and/or any of the Services, you agree to be legally bound by these Terms of Use and by any updates, revisions or amendments thereto. You are advised to review these Terms of Use on a regular basis and you will be deemed to have accepted variations if you continue using the Application and/or any of the Services after they have been posted. You hereby agree that you shall have no demand or claim against WIV and/or anyone on WIV's behalf, for any interruptions, errors or defects that may occur as result of such update.

 

 If you do not agree with any of these Terms of Use, or are not authorized to use the Application nor any of the Services, please immediately uninstall and delete the Application from your device and refrain from using it or our Services through your Application account.

By installing, accessing, registering and/or using the Application and/or any of the Services in any manner, you acknowledge, approve and confirm that you have read and understood these Terms of Use, and you accept and agree without limitation or qualification to be bound by all of them.

Eligibility

Using the Application and/or any of the Services is only permissible if you are 18 years old or older. 

Use of the Application; License

The use of the Application and/or any of the Services is not and shall not be deemed as a sale, transfer or assignment of any rights in or to the Application. WIV hereby grants you a personal, non-exclusive, limited, revocable license to use the WIV Application, the Services through the Application and receive updates regarding the Application, and subject to your continuous compliance with the provisions of these Terms of Use and the EULA (the "License"). 

WIV hereby grants you the access to the Application and/or any of the Services solely for the purpose of personal use and not for any commercial use or use on behalf of any third party.

As a user, you may use the Application for obtaining the Services described in section ‎5. However, the following types of authorized users may only   use the Application as detailed below:

If you are authorized as an "HR Manager" you may add new users (company employees), create company “private” Services (i.e., a meeting room only available for users of such company), view users' Personal Data (as defined in WIV's Privacy Policy, and only of users of such company).view metadata analytics about the Services (only Services that are related to such company), and modify such company information in the Application.

If you are authorized as a "Building Tenant Experience Manager" – you may add new users, create and maintain Services (i.e., a meeting room), view users' Personal Data (only of users who are authorized under such building), view metadata analytics about the Services (only Services that are related to such building), chat directly with users on the Application, handle feedback reported by users, edit and delete inappropriate content created by users or HR Managers, and view statistical data about companies in such building. 

If you are authorized as a "Building Owner" by WIV then you shall be granted access to statistical data about the building, such as: view metadata analytics of such building (i.e., how many events were created on the last month), manage the Services for the buildings, view and manage financial data about such building, and modify such building information. The data will be based only on the data and information shared on the Application, and therefore may be partial.

If you are authorized as a "Supplier" – you shall be granted access only to the marketplace Services, and may create/edit/remove e-commerce products, and provide Personal Data about the Supplier and the Supplier's Services, and a detailed price list.

If you are authorized as an "Admin" – you shall have all the available Services as the HR Manager and the Building Owner, and may add or remove users, add new buildings to the Application (and assign a Building Tenant Experience Managers), add or remove Services and create/edit/remove e-commerce products.

Not all of the authorized users shall have all the Services as defined above. In addition, WIV reserves the right to add and/or remove Services at its sole discretion.

 

 Registration Process

You will be registered to the Application by your HR Manager or Building Tenant Experience Manager, who will provide you with a username and a password in order for you to activate your account, after reading and accepting the Terms of Use and Privacy Policy of the Application. Your email address and password will be collected, processed and stored by WIV under the provision of the Privacy Policy.

By using the Application, you certify that the information you provide is accurate and pertains only to you. You are and shall remain solely responsible for maintaining the confidentiality of the password. You may change your username and/or password from time to time subject to the conditions that shall appear during such change. You may not share your password with anyone, or transfer or give access to the Application to anyone else.

WIV reserves the right to deactivate, cease, block or suspend, temporarily or permanently, your account and/or your ability to make use of the Application and/or the Services for any reason, at its sole and absolute discretion

Please note that WIV may, at its sole discretion, reject or deny your access to the Application if WIV deems that such access is associated with fraudulent activity, competitive activity or for any other reason it may consider.

By using the Application and accepting these Terms of Use, you explicitly agree to receive e-mail notifications from WIV or any other notification of any kind and sort, regarding new updates and opportunities offered by WIV. You may opt out of receiving any newsletter or other communication by WIV by unsubscribing via the designated link on the notification. Should you encounter any problems or difficulties with subscribing to or unsubscribing from WIV's updates, please contact us at: info@wiv.club 

Description of our Services 

Please note that the scope and nature of the Services may vary between different users and some and/or all of the Services may not apply to you, and you do not and shall not have any claim and/or demand on this matter: 

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BY USING THE SERVICES, YOU HEREBY REPRESENT AND WARRANT NOT TO USE THE SERVICES FOR ANY ILLEGAL, IMMORAL OR UNAUTHORIZED PURPOSES, NOR TO KNOWINGLY OR PURPOSELY USE THE SERVICES IN VIOLATION OF ANY RIGHT OF THIRD PARTY. 

BY USING ANY OF THE SERVICES, YOU AGREE TO GRANT WIV THE RIGHT TO EDIT, SUPERVISE, AND DELETE ANY CONTENT POSTED OR SHARED BY YOU ACCORDING TO ITS DISCRETION WITHOUT UPDATING YOU. 

FOR MORE DETAILS ABOUT ANY OF THE SERVICES, PLEASE CONTACT YOUR HR MANAGER OR BUILDING TENANT EXPERIENCE MANAGER OR WIV at info@wiv.club.  WIV WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTUAL OR ALLEGED DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH YOUR OR ANYONE ELSE'S USE OF THE SERVICES AVAILABLE THROUGH THE APPLICATION. BY USING ANY OF THE SERVICES, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD THE APPLICATION AND WIV, INCLUDING THEIR OWNERS, EMPLOYEES, CONSULTANTS AND AFFILIATES, HARMLESS FROM AND AGAINST ALL DAMAGES, CLAIMS, COSTS AND EXPENSES, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES. 

YOU, THE USER, ARE THE OWNER OF THE CONTENT YOU POST ON THE APPLICATION AND/OR THE SERVICE. BY POSTING THE CONTENT, YOU GRANT THE APPLICATION AND WIV THE RIGHT  TO PUBLISH, COPY, DISPLAY, STORE, DISTRIBUTE AND SHARE THE CONTENT ON THE APPLICATION AND/OR SERVICE WITH OTHER USERS. YOU CAN STOP SHARING THE POST AT ANYTIME BY DELETING 

 

WIV provides users with the following types of Services. 

    1. Community Services – Creating a community in the building is a part of our holistic wellness vision, and therefore we offer you the following Services:

      1. Articles – Articles written or shared by WIV on various topics that might be of interest to you. The articles are provided only for entertainment and general informational purposes, and should not be regarded as a recommendation, advice or endorsement by WIV or its affiliates. 

      2. Billboard – Content and messages written by you and other users and shared on the Application. You hereby guarantee not to post any content that is or may be perceived as unlawful, offensive, fraudulent, misleading, immoral, pornographic, or might violate the Terms of Use or the rights of third parties. Moreover, you guarantee not to post any advertisement, survey or a chain letter, viruses or other computer programs that may damage software or hardware, or content which is aimed at collecting or using Personal Data from other users. 

      3. Carpool – This Service on the Application connects users so they can enjoy carpooling service if they are travelling to the same direction. The carpool service is intended only for coordinating joint rides between drivers and passengers. The driver warrants and represents that the driver: (1) is using the Service solely for personal use, and not commercially in order to make a profit; (2) holds a valid driving license; (3) drives safely and according to the law; (4) holds the applicable insurance coverage. THE APPLICATION AND/OR THIS SERVICE SHALL ACT ONLY AS A PLATFORM FOR THE CARPOOLING SERVICE, AND HOLDS NO LIABILITY OR WARRANTIES FOR ANYTHING RELATED WITH THE JOINT RIDES, INCLUDING BUT NOT LIMITED TO, THE DRIVER'S COMPLIANCE WITH THE APPLICABLE TRAFFIC LAWS AND REGULATIONS, ACCIDENTS, DELAYS, CANCELLATIONS, NO-SHOWS, AND THE ACCURACY OF THE DRIVER'S AND PASSENGER'S DETAILS AND CONTENT FILLED IN THE APPLICATION AND/OR THE SERVICE. THE APPLICATION WILL NOT BE A PARTY TO ANY COSTS OR EXPENSES, IF ANY, AGREED BETWEEN THE DRIVER AND PASSENGER.  

    2. Facilities – WIV offers you various Services for using the facilities and amenities in your building, which may include: 

      1. Book a Room – Use this Service to book any available conference room in your building.  

      2. Invite Guest – Use this Service to email your guests or visitors a QR code they can use to enter your building at the scheduled meeting time. Their email address will be automatically deleted from WIV's systems after the scheduled meeting time. Please note, that the email with the QR code will be sent by WIV to the email address you provide, and WIV shall not be liable and/or responsible with respect to such e-mail. 

      3. Support –WIV offers you maintenance support and concierge services by chatting with your Building Tenants Experience Manager on the Application. 

      4. Events – You can participate in the events WIV, your HR Manager and your Building Tenants Experience Manager may create at the building, 

      5. Feedback – Feel free to write us any feedback you may have concerning the operation of the Application and/or any of its Services, including any problems, suggestions or comments you may have  at info@wiv.club 

      6. Setting – You may upload your photo and change your name on the Application and/or the Services. 

    3. Marketplace Services – You can use the Application to purchase a wide range of services and products from our list of service providers ("Service Providers"), such as groceries, gift cards, and more, depending on your building. Some of the marketplace services offered by the Service Providers may be purchased on the Application, in which case you will be redirected by a link to an external online payment service ("Online Payment Service"), whereas for purchasing other marketplace services you shall be redirected by links to the websites or applications of the Service Providers. Please note, that although the Application includes links to the Online Payment Service and to the websites and applications of the Service Providers, once you click on these links, you will be leaving the Application and enter the website or application of a third party. The Application and WIV do not endorse and are not responsible or liable for any content, service or product available through the Service Providers, whether purchased on the Application and paid on the Online Payment Service or purchased on the websites and applications of the Service Providers, and/or for anything connected with the payment made on the Online Payment Service, or for any damage, loss, acts, omissions, representations, warranties, breaches, delays or expenses connected with the Service Providers. The Application and WIV disclaim any responsibility if the Service Providers of the Online Payment Service infringe any third party's intellectual property rights; are inaccurate, out of date, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. By accessing the websites and applications of the Service Providers or Online Payment Service, you do so at your own risk. For the avoidance of doubt, the Terms of Use of the Application are not affected by, or are subject to, the terms and conditions of any third party. 

WIV AND WIV AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR ANY OTHER CAUSES CONNECTED WITH THE INTERACTION OF THE USER WITH THE SERVICE PROVIDERS.

 

No Unlawful or Prohibited Use

You may not use the Application nor any of the Services for any purpose that is unlawful or prohibited by applicable law or by the Terms of Use, or interferes with any other user's use of the Application and/or the Services.

You may not attempt to gain unauthorized access to the Application nor any of the Services or any part thereof, or the computer systems or networks connected to any of WIV's servers through any means. 

You may not obtain any materials or information through any means not intentionally made available to you through the Application and/or the Services.

 

Term and Termination

Notwithstanding the EULA, unless set out otherwise by WIV, the term of the License shall commence on the date that you start using the Application and/or the Services, and shall lapse on the earlier of: (i) the date on which the term set by the agreement between WIV and your building terminates; or (ii) the date you stop using the Application and/or the Services, or (iii) in case your use of the Application and/or the Services is in breach of these Terms of Use, or (iv)  in case WIV decides to terminate your use of the Application and/or the Services and to revoke any and all rights previously granted to you in connection with the License.

Without limiting WIV's statutory rights to terminate or WIV’s other rights and remedies, WIV is authorized to suspend the fulfillment of the obligations or to dissolve the License granted to you without incurring any liability for compensation in the event: 

a) That you fail to fulfill your obligations to WIV, whether in full or in part;

b) That WIV discovers that you do not use the Application and/or the Services in accordance with these Terms of Use;

c) That WIV receives complaints in respect of your use of the Application and/or the Services;

d) That WIV becomes aware of circumstances that constitute valid grounds to expect that you will not timely fulfill your obligations as provided in these Terms of Use;

Under no circumstances shall WIV become liable in any way if false complaints or wrong judgment of your behavior, leads to suspension of your use of the Application and/or the Services. 

Promptly upon termination, you must cease all use of the Application and the Services, and you shall not be entitled to use any of the Services on the Application.  

Please be advised that at any point you may either delete all or part of your user content or to ask your Building Tenants Experience Manager or HR Manager to delete your account with WIV, which will automatically delete your uploaded user content (if any), and may only maintain the meta-data (which cannot be personally associated with you) for internal usage, such as analytics. If you need any assistance, please contact us at info@wiv.club

Disclaimer; Liability; Indemnification

Your use of the Application and/or any of the Services is at your own account and risk. You are responsible for any and all of your use of the Application and/or the Services, as well as for the integrity of the information you provide on the Application and/or the Services. 

WIV is neither responsible nor liable for any loss or damage that may result from any unauthorized use of the information you provide on the Application and/or the Services.

You agree and warrant that your use of the Application and/or the Services will not infringe upon any and all rights of third parties, and that such use will always be in conformity with all applicable laws and regulations.

You hereby agree to defend, indemnify and hold the Application and WIV, their owners, employees, consultants and affiliates, harmless from and against all damages, claims, costs, charges and expenses (including attorneys’ fees) arising out of your use of the Application and/or the Services.

You must notify WIV immediately in the event you become aware of any unauthorized access to or use of the Application and/or the Services by third parties under your username or password or any other possible breach in security.

WIV cannot guarantee that the Application and/or the Services will always be available or will always work without any interruptions, errors or defects, or that the information provided on the Application and/or the Services is complete, correct, accurate and/or up-to-date. 

The Application and the Services are provided to you ‘as is’ and may include defects. WIV shall not be held liable for any of the Services provided by the Service Providers and the Online Payment Service, including but not limited to, any typos specified in the Services' name or description, Service warranties, performance assurances or guarantees of any kind, and you use and purchase from the Service Providers and pay on the Online Payment Service at your sole risk. WIV and its affiliates do not make, and disclaim, any and all express or implied warranties, including but not limited to, implied warranties of condition, error-free or uninterrupted use, accuracy of data, merchantability, non-infringement of third party rights or that any errors or defects on the Application and/or the Services will be corrected. 

WIV at all times has the right, but can never be obliged, to update, to upgrade and/or to adapt the Application and/or any of the Services and/or to change or remove data or information stored on the Application and/or the Services.

Confidentiality

WIV shall keep confidential any and all your personal details. WIV shall only be allowed to make use and access your details for so long as you grant WIV the right to do so, and such grant of right has not been revoked by you, and all in accordance with WIV's Privacy Policy 

You may, at any time, uninstall the Application or delete your account from the Application, thereupon no updates or other notifications will be sent to your email address.

Notwithstanding the aforesaid, any notes, copies and/or derivative information may only be used by WIV for overriding legal obligations (such as legal disputes, abiding a court order etc.)

Data Protection and Privacy

WIV highly regards your rights in your Personal Data and your privacy. The collection, processing and use of your Personal Data is subject to WIV's Privacy Policy and according to all applicable laws and regulations.

Survival and Severability

Any provisions in these Terms of Use, which by their nature extend beyond the termination or expiration of any License under these Terms of Use will remain in effect after such termination.

If any provision of these Terms of Use is deemed to be void, invalid, unenforceable or illegal, WIV will replace such invalid provision while the other provisions shall continue in full force and effect. 

Law and Jurisdiction

These Terms of Use and your use of the Application and/or the Services are governed by the laws of the State of Israel.

The courts of competent jurisdiction located within the district of Tel Aviv-Jaffa, Israel, will have the exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Application and/or the Services, or in which these Terms of Use and/or the Application and/or the Services are a material fact.

User Complaints and Questions

You hereby agree to bring any and all complaints and issues regarding the Application and/or Services to WIV as soon as possible in order to provide WIV with the opportunity to address such complaint properly and to resolve any outstanding issues. WIV assumes no liability for complaints about the Service Providers and/or the Online Payment Service, and/or for complaints that are not properly brought to the attention of WIV with sufficient notice for it to resolve or attempt to resolve. 

Any and all questions and inquiries addressed to WIV may be sent to the following e-mail address: info@wiv.club. WIV will do its best to respond to any and all inquiries timely and diligently.