These Terms of Use (these "Terms") govern your relationship with Hidden Fares Ltd. and its subsidiaries and affiliates (collectively "Hidden Fares" or "we") and set forth the terms and conditions under which Hidden Fares makes available its mobile device application (the "App"), and/or the services available through the App, or otherwise provided by Hidden Fares (the "Services"), to each person (the "User" or "you") accessing or using the App and/or the Services. By using and/or downloading the App and Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the App from your device and discontinue usage of the Services. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.
| 1.1 | Hidden Fares' Services are intended to optimize your travel planning, by providing you with a means of finding and purchasing low priced tickets flights to your destination of choice, and enabling you to enjoy the best deals on flights, while maximizing the advantages of a flexible time frame. |
| 1.2 | Through the App, you may enter a chosen destination and time range, and the cheapest flights to your destination from our selected inventory, available within the desired time range, will be retrieved and offered to you. Subsequently, you may choose a specific flight (a "Flight"), and approve purchase of tickets to the Flight through the App (a "Transaction"). Once you have approved a Transaction, Hidden Fares will perform the Transaction on your behalf with the relevant Airline offering such tickets (the "Airline"). All terms applicable to the purchase of Flight tickets, including prices, discounts, cancellation policies, etc., are set by the Airlines, and you agree that you will have no claim whatsoever towards Hidden Fares in connection with any such terms. By using the App and Services you hereby agree and authorize Hidden Fares to purchase Flight tickets on your behalf and in your name from the Airline, including: (1) accepting any and all terms and conditions for purchase of Flight tickets as set by the Airline, such terms to be applicable and binding upon the User; (2) consenting in your name to prices and charges associated with the Transaction, to be paid by you in accordance with the billing information you provided Hidden Fares; (3) using and transferring to the Airline any and all information, including Personally Identified Information (as defined below), including but not limited to you name and contact details, billing information, passport No., etc., as required in connection with the Transaction. |
| 1.3 | The App accesses and presents information regarding the prices of Flight tickets as provided by the Airlines. Hidden Fares cannot guarantee that such prices are final and that no additional costs will be charged by the Airlines, including but not limited to any taxes associated with the Flights, any cancellations, changes, upgrading, purchase of additional services, etc. |
| 1.4 | The successful completion of a Transaction depends, inter alia, on factors not in Hidden Fares' control, including, but not limited to, availability of Flight tickets for purchase from the Airline, terms under which the Airlines offer Flight tickets for sale, accessibility, accuracy and reliability of the Airline's site and systems, etc. Hidden Fares cannot and does not guarantee the successful completion of any Transaction. |
| 1.5 | While the App endeavors to access and analyze all information available regarding the Flights, and to provide you with the best deals available, Hidden Fares cannot be absolutely sure and does not warrant in any way that it will always necessarily provide you with the cheapest offers available for Flights. Although we strive to provide you with the best deals, this is in no way guaranteed, and by using the Services and the App you warrant that you are aware and agree that the App and Services may not be error-free and that you will not have any claims towards Hidden Fares in connection with Flights not offered to you on the App. The Services may be used solely for private and personal purposes. |
| 1.6 | Prior to completing a Transaction, you will be presented with the opportunity of giving Hidden Fares a gratuity for our services, which will be subject to successful completion of the Transaction. While such payment to Hidden Fares is not obligatory, we certainly appreciate it! |
| 1.7 | Hidden Fares reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate the App or any part thereof, at its sole discretion. You will have no claim, complaint or demand against Hidden Fares for applying such changes or for failures incidental to such changes. |
| 2.1 | In order to access certain features of the Services, you must first register to create an account by choosing a user name and password. You may also be requested to provide additional information, including you passport No., nationality, billing information (including credit card details), mailing and email address, etc. Please note that while you are not obligated to provide such information, some or all of the Services may not be available unless the information is provided. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You will not use false identity, impersonate any other person or use a name that you are not authorized to use. You acknowledge and agree that you are solely responsible for any use of your Account and all activities occurring in connection with the use of such Account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. |
| 2.2 | In the event you wish to purchase Flight tickets to persons other than yourself (the "Additional Passengers"), you will be required to provide Personally Identified Information of any Additional Passengers. You hereby represent and warrant that you have all authorizations and required consents to provide us with Personally Identified Information of the Additional Passengers, and to bind the Additional Passengers under any terms applicable to the Transaction, including these Terms and any terms and conditions set by the Airlines. You are solely responsible for any activity and Transactions conducted through your account, regardless of whether such activity or Transactions are for purchase of Flight tickets for yourself or for any Additional Passengers. |
| 2.3 | By registering for the Services you warrant and represent and that any information provided by you at the time of registration, including any billing information, is complete, truthful and accurate, and you agree to ensure that such information is kept up to date. You hereby indemnify and defend Hidden Fares against any and all claims, losses, damages or other liabilities arising from or relating to activities or actions that occur under your account. |
| 2.4 | Hidden Fares may suspend or terminate your account immediately and without prior notice if you do not comply with the Terms or if we believe your participation or use of the App or Services does not comply with any applicable laws. |
| 3.1 | Certain content and information provided on and through the App and/or Services, including, without limitation, any of our software, algorithms, logos, trademarks, graphics, designs, information, texts, images, data and other material displayed, available or present on the App and/or Services (the "Content"), are the copyrighted and/or trademarked work of Hidden Fares and/or its affiliates and/or licensors. |
| 3.2 | Hidden Fares retains all rights, including any intellectual property rights, in the Content. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, duplicate reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner. |
In connection with your use of the App and/or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:
| 4.1 | Modify the App and/or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the App and/or Services, servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services; |
| 4.2 | Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the App and/or Services; |
| 4.3 | Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Services, technology or any software thereto; |
| 4.4 | Upload, post, distribute, communicate, transmit or otherwise make available any content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful or otherwise objectionable, (ii) that comprises or includes any "junk mail", or "spam"; |
| 4.5 | Create a database by systematically downloading and storing all or any content from the App or the Services; |
| 4.6 | Use the App and/or Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; |
| 4.7 | Use the App and/or Services in a way that infringes or violates these Terms. |
| 5.1 | Despite our efforts, the information contained in the App, may not be accurate, comprehensive, complete, updated or applicable to a particular area or circumstances. Hidden Fares shall not be liable for any inaccuracies or omissions in the App and/or Services and any decisions you make based on information contained in this App are your sole responsibility. |
| 5.2 | User acknowledges and understands that the App requires internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. User shall have no claim or demand towards Hidden Fares with regard to the aforesaid. |
| 5.3 | USER ACKNOWLEDGES AND AGREES THAT THE APP AND THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. |
| 5.4 | Hidden Fares disclaims all warranties, express or implied, of any kind, regarding the App or the Services (including any content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to user to the fullest extent permitted by applicable law. |
| 6.1 | The User assumes full, exclusive and sole responsibility for the use of and reliance on the Services, and acknowledge that any use of or reliance on the Services is made entirely at the User's own risk. |
| 6.2 | HIDDEN FARES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH HIDDEN FARES IS TO DISCONTINUE YOUR USE OF THE SERVICES. HIDDEN FARES AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE APP AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF HIDDEN FARES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HIDDEN FARES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, HIDDEN FARES WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES. |
| 6.3 | Customer is solely responsible to check if an entry-visa is required to the country which he/she is traveling to (given his/her country of citizenship), as well as to apply for such entry-visa. Hidden Flights does not offer any services for entry-visas. |
| 7.1 | Hidden Fares is committed to your right to privacy. Your use of the App and Services is governed by the privacy policy as detailed in this section of the Terms (the "Privacy Policy"). |
| 7.2 | If you choose to use, register or submit information to the App and Services, You agree to the use of such data in accordance with this Privacy Policy. You may not use the App or the Services or submit any information to Hidden Fares if you do not agree to any of the terms hereunder. |
| 7.3 | Please note, that the Services may contain links to other sites maintained by third parties, which may not be governed by this Privacy Policy. Hidden Fares is not responsible for the policies or practices of third parties. You should review the applicable privacy policies of any third parties before providing them with any Personally Identifiable Information (as defined below). |
| 7.4 | The term "Personally Identifiable Information" when used in these Terms refers to personally identifiable information about you, such as your name, date of birth, phone number, mailing and email address, ID numbers, Passport No., passwords, billing information, including credit card details, and any other personal information submitted by you through the App or Services. |
| 7.5 | Information Collection |
| 7.5.1 | We log visitor's IP address and mobile device unique identifiers automatically; this information identifies only the device that is being used to access the Services. We also collect information about your use of the Services, such as the frequency and scope of your use of the Services, search queries, etc. Such information will not identify you personally. |
| 7.5.2 | Other than in respect of Personally Identified Information, if you provide information to us, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential. |
| 7.5.3 | 7.5.3.We collect only Personally Identified Information that is specifically and voluntarily provided by you, for example, when you register for an account. |
| 7.6 | Information Use |
| 7.6.1 | Non-personal information is used mainly for click stream analysis in order to constantly improve and maintain our Services, including among others, for ensuring the technical functioning of our network, to help prevent fraudulent use of our services and for developing new services. |
| 7.6.2 | We may also analyze traffic patterns, users' demographics and behavior, for general business analytics and in order to provide you with a more personalized experience. |
| 7.6.3 | Personally identified information is used only for limited purposes such as to perform Transactions of your behalf, store user preferences, contact you in response to requests, inquiries, or purchases, or to optimize the content we display and personalize your experience. |
| 7.6.4 | We may also use personally identified information to communicate with users regarding customer service issues, billing information, or information about Flight tickets they purchased in accordance with our Terms. These communications are not promotional in nature. When you send communications to us, we may retain those communications in order to process your inquiries, respond to your requests and/or improve our Services. |
| 7.7 | Sharing of Information with Third Parties |
| 7.7.1 | We may share non-personal, aggregate information regarding the Services usage with our affiliates, partners and advertisers. From time to time, we may release non- personal information in the aggregate, e.g., by publishing a report on trends in our Services usage. Moreover, we may share users' information with our partners and service providers to facilitate the delivery of the App and as necessary to allow you to enjoy the Services. |
| 7.7.2 | Personally identified information may be shared under limited circumstances, such as: |
| 7.7.2.1 | Performing Transactions with the Airline on your behalf. |
| 7.7.2.2 | With trusted third parties who assist us in operating the App and Services, conducting our business, expanding our business or servicing you, and for personalizing your experience of the App, including by way of target advertising. |
| 7.7.2.3 | To comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or the App, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event. |
| 7.7.3 | Please note that the Airlines are not bound by this Privacy Policy and have their own policies in connection with collection, use and sharing of information, including Personally Identified Information. Hidden Fares shall not be responsible or liable to any collection, use and sharing of information, including Personally Identified Information by the Airlines, including with regards to information provided to the Airlines by Hidden Fares in connection with performing a Transaction. |
| 7.8 | Access to Information |
| 7.8.1 | We take appropriate security measures to protect Users' information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information. |
| 7.8.2 | Moreover, we reserves the right to use or disclose personal information to law enforcement, regulatory or other government agencies, or third parties if we reasonably believe that use or disclosure is necessary to protect Hidden Fares' rights and/or to comply with a judicial proceeding, court order, or a legal process. |
| 7.8.3 | We would like to send you from time to time relevant information related to the application, such as updates and offers we believe you may find interesting. By providing your contact information you hereby provide your consent to receive such communications. You may choose at any time to opt-out and to not receive these communications, without a need to also deactivate your account and cease use of the App. |
| 7.9 | Transfer of Data Abroad |
| 7.9.1 | We may, from time to time, transfer your Personally Identified Information to one of our databases in another country. If the level of privacy protection in a country does not comply with recognized international standards, we will ensure that data transferred to our databases in that country are adequately protected and that the transfer of data to third parties in such countries is made pursuant to a contract or other measures providing adequate protection. |
| 7.9.2 | Of course, the Internet is made up of a large number of international connections. If you are visiting the App or Services from a country other than the country in which our server is located, the various communications will necessarily result in the transfer of information across international boundaries. By downloading the App and/or using the Services and communicating electronically with us, you consent to these transfers. |
| 7.10 | Special Note for Parents and Children Under Age 13 |
| 7.10.1 | The App is a general audience site. The App and the Services are not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18. If we become aware that a person under 18 has provided us with personally identified information, we will delete such information from our files. |
| 8.1 | Beta. You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a “Public Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available. |
| 8.2 | Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect. |
| 8.3 | Assignment. Hidden Fares may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization. |
| 8.4 | Choice of Law. The App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel. |