Terms & Conditions

BEFORE YOU CHOOSE THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS WINDOW, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THE FOLLOWING END USER LICENSE AGREEMENT. BY CHOOSING THE "I ACCEPT" BUTTON YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND/OR YOUR EMPLOYER/E TO THE TERMS AND CONDITIONS OF THE FOLLOWING END USER LICENSE AGREEMENT; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, TO BE BOUND BY THE FOLLOWING END USER LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE FOLLOWING END USER LICENSE AGREEMENT, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE "I DO NOT ACCEPT" BUTTON, IN WHICH CASE YOU MAY NOT RECEIVE, INSTALL OR USE THE APPLICATION.

 

 

 

WIV Application - End User License Agreement

This End User License Agreement ("EULA") is a legal agreement between you, the user ("Licensee"), and WIV Club Ltd. ("WIV") regarding the application accompanying this EULA and any of its upgrades and updates (the "Application"). By installing, by copying or by using the Application, and by accepting all the terms in this EULA, the Licensee agrees to be bound by the terms of this EULA.

 

Any use of the Application other than pursuant to the terms of this EULA is a violation of copyright laws and conventions.

 

Should you have any questions regarding this EULA, or wish to contact WIV, please email us at: info@wiv.club.

  • License. WIV hereby grants the Licensee a non-exclusive, non-transferable, non-sub-licensable, royalty-free license to use the Application for the purpose of managing the tenant experience within their office place

 

  • Copy Restrictions. This Application is protected by intellectual property laws. Unauthorized copying of the Application in whole or in part is expressly forbidden. Subject to these restrictions, the Licensee may download the Application onto the Licensee's mobile phone app or use WIV's website a mobile phone app and a website. The Licensee may not copy any part of the Application, nor modify, adapt, translate into any language, or create derivative works based on the Application without the prior written consent of WIV.

 

  • Ownership of the Application. WIV retains all right, title, and interest in the Application, its modifications, updates, upgrades, improvements, enhancements, derivative works, documentation and any copy thereof, including, without limitation, all rights to patent (including patent applications), copyright, trade secret and trademark and any other intellectual property rights, and reserves all rights in and to the Application not expressly granted to the Licensee in this EULA.

 

  • Use Restrictions. The Application is licensed to the Licensee only for Licensee's own use. This Application may not be installed on a device that the Licensee does not own or control. The Licensee may use the Application only after downloading the Application and signing in by a recognized email address and a password. The Licensee may not (i) alter or modify the Application; (ii) cause or permit the Application to be disassembled, decompiled or reverse engineered; (iii) create any derivative works of any part of the Application; (iv) disseminate, sell, give away, lease, lend, use for timesharing purposes, or otherwise use or allow others to use the Application for the commercial or other benefit of third parties whether or not for consideration; (v) make any form of distribution or sublicense to the public of the Application; (vi) make any communication, display or performance to the public of the Application; (vii) use the Application to access either directly or indirectly any database content owned by WIV. Licensee undertakes not to remove, obscure, alter or destroy any proprietary markings or legends, including copyright notices of WIV or its third party suppliers, appearing on or contained in the Application. Licensee shall immediately notify WIV if the Application or related media is lost or stolen.

 

 

  • Limited Warranty and Disclaimer. WIV warrants that the Application will operate substantially in accordance with this EULA. The foregoing warranty applies only to failures in operation of the Application that are reproducible in standalone form and does not apply to (i) Application that is modified or altered by Licensee or any third party; (ii) Application that is otherwise operated in violation of this EULA or (iii) failures which are caused by other application, software, hardware or products not licensed hereunder. WIV's entire liability and Licensee's exclusive remedy for a breach of the preceding limited warranties shall be, at WIV's option, either (a) return of the license fee (if any), or (b) providing a fix, patch, work-around, or replacement of the Application that does not meet such limited warranty. 

 

EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES OR CONDITIONS, WETHER EXPRESS OR IMPLIED, ARE MADE BY WIV WITH
RESPECT TO THE APPLICATION. WIV DOES NOT WARRANT THAT THE APPLICATION WILL MEET THE LICENSEE'S REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR ERROR. WIV EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLICATION.

 

  • Limitation of Liability. WIV WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF WIV HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS AN ESSENTIAL PART OF THIS EULA BETWEEN THE LICENSEE AND WIV. THE LICENSEE ACKNOWLEDGES THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK,    AND THAT WIV WOULD NOT PROVIDE THE APPLICATION EXCEPT UNDER THE TERMS OF THIS EULA. IN NO EVENT WILL WIV BE LIABLE TO THE LICENSEE FOR DAMAGES IN AN AMOUNT GREATER THAN THE FEES PAID FOR THE USE OF THE APPLICATION IN THE PREVIOUS 12 MONTHS.

 

  • Confidentiality. The contents of the Application are highly confidential. The Licensee undertakes: (i) to keep them confidential and not to divulge or otherwise transfer them to third parties; and (ii) not to use them except as specifically authorized in this EULA or by WIV. Without affecting the generality of the foregoing, the Licensee will apply at least the same degree of care in protecting the confidentiality of the Application as it applies to its own proprietary information and trade secrets.

 

  • Indemnification. WIV shall, at its own expense, defend any action brought against the Licensee to the extent that it is based on a claim that the Application, or any component thereof, supplied pursuant hereto, infringes upon any intellectual property rights of any third party, provided that (1) the Licensee promptly notifies WIV in writing of the assertion, threat or institution of any such claim, suit or proceeding; (2) WIV shall have sole control of the defense of any action and any negotiation for its settlement or compromise; and (3) the Licensee shall provide all necessary facilities, authority, information and all other reasonable assistance for a proper defense and/or settlement negotiations. If the Application, or any component thereof, are adjudicated or reasonably anticipated to be an infringement on any intellectual property right, or in such other circumstances as WIV determines to be appropriate, WIV, at its own option, may elect to (i) obtain for the Licensee the right to continue using the Application; or (ii) replace or modify the Application so it becomes non-infringing. However, if neither of the foregoing alternatives is available on terms that are reasonable in WIV's judgment, WIV may terminate this EULA and the Licensee must remove the Application from all of Licensee's devices immediately.

WIV shall not be liable for any claim that the Application, or any component thereof, infringes upon any intellectual property right if such claim is based in whole or in part on (i) the use of the Application which is not the latest unmodified release, provided that such infringement may have been avoided by the use of such latest release; or (ii) any alteration of the Application made by any party other than WIV.

 

THE FOREGOING STATES ANY, ALL AND THE ENTIRE LIABILITY OF WIV WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT BY THE APPLICATION. WIV SHALL HAVE NO ADDITIONAL LIABILITY WHATSOEVER WITH RESPECT TO ANY ALLEGED OR PROVEN INFRINGEMENT.

 

  • Links. The Application may contain links or enable access to third party websites. WIV is not responsible for the content, privacy policy, IP compliance, legality or any other aspect of such websites. WIV encourages the Licensee to be aware and to read the terms and conditions and privacy policies of each and every third party website. For the avoidance of any doubt, this EULA applies solely to the Application, and WIV shall not assume any liability or responsibility to the Licensee for any of the third party websites whose links appear on the Application.

 

  • Customer Support and Maintenance. During the term of this EULA, the Licensee shall notify WIV of any identified program error and shall use the Licensee's best efforts to provide WIV with sufficient information to locate the error. WIV is not responsible for (a) errors caused by a software or application other than the Application; (b) errors caused by unauthorized modifications; (c) errors due to Licensee's failure to follow the Application's operating instructions. Customer support shall be available during business days Sunday through Thursday from 09:00 until 17:00. WIV may periodically, at its sole discretion, ask the Licensee to install upgrades, modifications, and enhancements to the Application, and all such upgrades, modifications and enhancements shall at all times remain the property of WIV.

 

  • Use of Data: By using the Application, the Licensee acknowledges and agrees that WIV may use and collect technical data and related information—including but not limited to technical information about the Licensee's system and device—for the purpose of facilitating the Application updates and support, improving the Application and providing such other services in connection with the Application. 

 

  • Term and Termination. The Application is licensed to the Licensee unless this Eula is terminated by either WIV or Licensee for any reason. Upon termination, the Licensee will relinquish all rights under this EULA, and must cease using the Application, delete or destroy any copy of the Application then in the Licensee's possession.

 

  • Severability. If any of the provisions of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect.

 

  • Waiver. Failure to enforce a party's rights with respect to a default hereunder at any time will not constitute a waiver of the right to enforce rights with respect to the same or any other breach.

 

  • Assignment. Licensee may not sublicense, transfer or assign this EULA or any of the rights or responsibilities or licenses granted under this EULA without WIV's prior consent.

 

  • Governing Law. This EULA shall be governed by the laws of the State of Israel. The courts of the city of Tel Aviv-Jaffa shall have exclusive jurisdiction with respect to any dispute, and the Licensee hereby agrees to the jurisdiction of such courts.