Last updated: April 29, 2021
Beta Disclaimer
Please note that we currently offer our services only in a beta version. Therefore, the Services (see definition below) are still undergoing final testing before their official release. The platform, its software and all content found on it are provided on an “as is” and “as available” basis and we do not give any warranties, whether express or implied, as to the suitability or usability of the Services.
Should you encounter any bugs, glitches, lack of functionality or other problems with the Services, please let us know immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated! You can write to us at this address welcome@anywell.com.
Introduction
Welcome to anywell! These terms of service ("Terms") describe the terms and conditions for accessing, joining and using anywell Services (defined below). These Terms, together with our privacy policy (“Policy”), available at https://www.anywell.com/privacy-policy, constitute a legally binding agreement between you, and anywell Hosting Solutions Ltd. D/B/A anywell (“anywell”, “we”, or the “Company”, and “Agreement” respectively).
These Terms govern the relationship between you and us, whether you are (i) a visitor to our websites, applications or landing pages that link to these Terms (“Visitor”, “Website” and “App”, respectively); (ii) a user that is registered to our Services and using our App and Services, as this term defined below (“User” or “Member”); or (iii) a business customer, a business partner that has a contractual relationship with us, or a prospective customer that is yet to be engaged in a contract with us (“Customer”). If not explicitly mentioned otherwise, the information in this Policy refers to all types of users (“you” or “your”).
By accepting these terms, either by signing a document, clicking a button or checking a checkbox, or implicitly, by using our Website or installing our mobile App, you grant your consent to the Agreement. you are advised to read them thoroughly before using the Services. In case you do not agree with any of the conditions set in the Agreement, you should avoid using the Services.
Orientation
We know it can be a burden to navigate long legal document, so to ease your navigation through these Terms, you may use the following headlines:
Non-circumvention; Rules of conduct
Claims for Infringement of Intellectual Property
Availability, Changes and Interruption of Our Services
Disclaimers; Limitation of Liability; Indemnity
Law and Forum for Legal Disputes
The Services may include tools, features, online or offline services owned and operated by third parties, including, without limitation, the following (each one, or jointly “Third Party Services”):
You hereby acknowledge that services provided by third parties are governed by their own terms, conditions, policies, warranties and liabilities. Unless explicitly specified otherwise, we will not be liable for any use, engagement or service between you and such third parties.
4.1 As a Customer
A Customer who wishes to use our Services, will engage with us in a dedicated business-to-business agreement, following which the Customer will indicate employees eligible to use Credit Points (“Eligible Employee(s)”). Unless explicitly stated otherwise, this Agreement constitutes part of any business-to-business agreement with a Customer.
4.2 As a Member
Eligible Employees indicated by a Customer will receive a URL link from us, inviting them to register as a Member and use the Platform. Creating a Member account for registration, verification and management purposes(“Account”), so as reading, agreeing and complying with this Agreement are a prerequisite for an Eligible Employee to become a Member.
Once registered to your Account as a Member, accepting and complying with this Agreement, and upon verification of your identity and eligibility, you will be able to access the Platform and use Credit Points for Booking purposes. Members will be able to track their Booking activities and Credit Points directly from their Account. You hereby acknowledge, agree and warrant that:
Members are welcome to provide optional information via their Account to enhance their experience, including, notifying Venues through the Platform of any special necessities or disabilities related to a Booking.
At the moment our Services are not offered to individuals seeking to join independently of their organizations, and if you wish to become a Member of the Platform and use the Services, you should do so via your organization or contact us directly at welcome@anywell.com..
The Services include instructions on how to use them by Members, Customers or other types of users.
5.1. Booking a Space
Members can use their Account and Credit Points to Book a Space in Venue that is offered via the Platform as available. You acknowledge and agree that although comments, requests and feedback are welcome via the Platform to help us and the Venues optimize the Services, the Venues are independently operated and engaged with us in a service agreement rather than owned by us.
5.2. Fees and Payments
The current format of the Services supports only one form of payment. Customers will pay in advance according to our agreement with them, in exchange for Credit Points that will be allocated to Eligible Employees.
If your Credit Points balance is not sufficient to make a Booking, either seek to Book by using a team member’s Credit Points via your Account, or, seek for a solution through your organization.
5.3. Cancelling a Booking
While we recommend to refrain from cancelling a Booking, you do have the option to cancel without a charge within 24 hours before the Booking date and time. For more information regarding cancelations of bookings, please visit our cancelation policy, available at KG41.
Subject to your compliance with these Terms, anywell grants you a limited, non-exclusive, non-commercial, non-sub licensable, revocable, non-transferable license to: (1) access and use the Services; and (2) access and use the content, information and related materials that may be made available through the Services - in each case solely for your personal, non-commercial use; (3) if you are a Customer or a Member, a license to use the Platform, solely for the purposes of managing Booking and Credit Points. Any rights not expressly granted herein are reserved by anywell and its licensors, and are restricted for you to use.
Without derogating from the generality of the above, and for the avoidance of doubt, you may not: (1) copy, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Platform or any portion of them, except as expressly permitted by us; (2) decompile, reverse engineer or disassemble the Platform or Services; (3) link to, mirror or frame any portion of the Services or Platform; (4) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Platform; or (5) attempt to gain unauthorized access to or impair any aspect of the Services, Platform or its related systems or networks.
7.1. Non-circumvention. You must not take part, directly or indirectly, including by inducing others to break or circumvent the Platform, the Services or these Terms.
7.2. Rules of Conduct. You must follow the rules of conduct, as follows:
7.3 Your legal representations
7.4. Reporting Violations. If you believe that a Venue, a Member, the Services poses an imminent risk of harm to a person or property, or otherwise violated these Terms or our Privacy Policy, you may contact us to report at welcome@anwell.com, and we will address the matter if required by law or relevant to the Services.
The Services and all rights therein, including all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to the Services, including without limitation all software, integrations with data sources, technology and other rights used to provide the Services, all graphics, user interfaces and any documentation and any improvements, design and any knowledge or processes related to them, are and shall remain anywell's property or the property of third parties collaborating with us, such as Venues.
Neither these Terms nor your use of the Services convey or grant to you any rights, except for the limited license granted above. Do not use the name, logo, branding, or trademarks of anywell or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with anywell name or branding.
anywell respects the intellectual property rights of others, and will respond expeditiously to claims of intellectual property infringement regarding content published on our App or Website.
If you have such a claim, please submit it to [email address] with sufficient information about the claim and prove for your ownership of rights. In the event where we will receive proper notice of intellectual property infringement, we will strive to respond quickly to investigate the matter and address your claim.
From time to time we may modify and/or update the Website or App, in order to improve performance, enhance functionality, reflect changes to operating systems and/or address security or interface issues. We reserve the right to carry out such modifications at any time, including temporarily suspending the Services. Respectively, we may update these Terms to reflect any change and will notify you for significant updates or changes via email or through your Account. Otherwise, updated versions of the Terms will be reflected by the “last updated” label at the top of the Terms.
11.1 Disclaimer
The Services are provided "as is", without any warranty of any kind, and on an "as available" basis. anywell disclaims all responsibilities, representations and warranties – expressed or implied – which were not expressly set out in these Terms. anywell does not guarantee, and is not responsible for, the quality, suitability, safety or ability of any third party providers, including the Venues, spaces or other Third Party Services . By using any portion of the Services, you accept that the entire risk arising out of actions made by you or by third parties remains solely with you, to the maximum extent permitted under applicable law.
11.2 Limitation of Liability
In no event will anywell, its directors, stakeholders, employees or contractors be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Services, Platform, or any related software accessed through or downloaded from them, or your inability to access them. Without limiting the generality of the foregoing, anywell shall not be responsible in any way to any transaction or relationship between you and the Venues. The Venues and Spaces that Members and Customers can Book via the Services are third parties to this agreement, and are not employed by anywell.
The limitations mentioned in these Terms do not infringe your rights as a consumer that cannot be excluded under applicable law, therefore in such jurisdictions, anywell’s liability shall be limited to the extent permitted by law. This provision has no effect on The anywell’s choice of law provision set forth below.
11.3 Indemnification
You hereby agree to indemnify, defend and hold us and our directors, employees, and third party representatives, consultants and contractors, from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorneys' fees) or liabilities arising out of, resulting from, or in connection with your violation of any of these Terms the Privacy Policy or your use of the Services.
anywell may modify these Terms from time to time to conform to an applicable legislation, or, when We develop and adjust the Website or Our Services. When We make changes, We will update the “Last updated” statement of the Terms above, to reflect any such changes and those will become effective upon such date. If the changes are significant, We will also provide youYou with notice of any material changes by email at least 7 days before the date they become effective. If youYou disagree with the revised terms, youYou may terminate Your agreement with us, before the revised terms become effective. If youYou will continue to access or use our Website or Our Services after the changes become effective, it shows youYour acceptance of the revised terms.
These Terms will be governed in all respects by the laws of the state of Israel, and the exclusive jurisdiction is given to the courts of Tel Aviv, Israel. Make sure
These Terms, together with The Company's Policy and any other policy we may incorporate onto these Terms from time to time, contain the entire understanding and agreement between you and anywell.
you may not assign these Terms without our prior written approval. anywell may assign these Terms, without your consent, to: (1) a partner or contractor of anywell; (2) an acquirer of The Company’s equity, business or assets; or (3) a successor by merger.
Should you have any questions or if you want to know more about these Terms, you are welcome to contact us at welcome@anywell.com. You are also welcome to read our Rules and Policies document, which might already have an answer to your question, and available at KG41