Terms of Service

The laws of Israel will govern these Terms without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of Israeli courts to litigate all such disputes.

Arbitration Process.
If there is ever a disagreement or dispute between us that our customer support team cannot resolve, we agree to settle it through binding arbitration or small claims court. This applies to all disputes and claims related to these Terms, your use of the Services, or our relationship. The appointed arbitrator will have the authority to provide all possible relief that would be available in a court. However, all arbitrations and small claims proceedings will only proceed on an individual basis. Neither of us can attempt to resolve a dispute with the other as part of any class, consolidated, or representative proceeding except as allowed in clause 9 of this Section. This arbitration provision will continue to be valid even after the termination of these Terms and any other agreement between you and us. 

Applicability.
These Terms to settle disputes through arbitration apply to all legal disagreements between you and us. This includes but is not limited to: (i) all claims related to any aspect of the relationship between you and us, regardless of whether they are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this agreement or any prior agreement (including claims related to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.

Selection of Arbitrator.
We have both agreed to use the "rank and strike" process to select an arbitrator. According to this process, the Israeli Institute of Commercial Arbitration (IICA) will suggest at least ten candidates who are suitable to serve as the arbitrator. We will each provide a written response to IICA, without copying one another, in which we will (i) "strike" up to three of the candidates, that is, remove them from further consideration, and (ii) rank the remaining candidates in order of preference. IICA will calculate the average of each of our rankings for each arbitrator and select the candidate with the highest rating as the arbitrator.

No Class Actions.
You and the Company have agreed that any claims against each other will be in an individual capacity and not as a plaintiff or class member in any class or consolidated proceeding. The arbitrator is not allowed to consolidate more than one person's claims and cannot preside over any form of class, consolidated or representative proceeding except as provided for in clause 9. If warranted, the arbitrator may issue all of the same relief that would be available in court, including public injunctive relief, in favor of the party seeking such relief, but only to the extent authorized by law and warranted by the party’s claims.

Both parties acknowledge that different arbitrations may present overlapping factual or legal issues. Therefore, to the fullest allowable extent and subject to clause 9, if one of the parties initiates an arbitration against the other and we determine that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between a third party (a “Similar Arbitration”) and us, the arbitration involving you will be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved, at our request. However, any rulings in any Similar Arbitration will not be binding in the arbitration involving you.

Dispute Notice.
Before initiating arbitration, the party must send a written Notice of Dispute to the other party. The Dispute Notice intended for the Company must be sent by certified mail to the following address Company Rav Ashi 10 Street, Tel Aviv, Israel. If you are the recipient of a Dispute Notice, it will be addressed to your current mailing, home or payment address on record with Company and must be sent by certified mail. If Company has no records of a physical address, the Dispute Notice may be delivered to your account email address. 

The Dispute Notice must clearly describe the nature and basis of the claim or dispute and set forth the specific relief sought. If, after sixty (60) calendar days, Company and you cannot reach an agreement to resolve the claim, either you or Company may commence an arbitration proceeding.

Arbitration Rules.
If there is a dispute or claim related to your personal use of the Services, the Customer Arbitration Rules (known as the “IICA Rules”) will apply, rather than the Commercial Arbitration Rules that would apply to business use. These rules will be administered by the IICA and settled by a single arbitrator. Additionally, this clause 10 modifies the IICA Rules.

Arbitration Location.
If you are a customer, you have the option of choosing where the arbitration hearings will take place. You can opt to have the hearing either in the county of your residence or through a phone call. However, if you are a customer residing outside Israel, you can choose to have the hearing in Israel, Tel Aviv or through a phone or video conference, as permitted by the IICA Rules. In the case of Batch arbitration, as per clause 9, the hearing will take place in Israel, Tel Aviv or through a phone or video conference, as per the option of IICA. 
If you've used the Services for commercial purposes, the arbitration hearings will take place in Israel at a location convenient to both parties. If the parties fail to agree on a location, or in the case of Batch arbitration as per clause 9, IICA will determine the location. 
If your claim is for an amount less than ten thousand dollars ($10,000), the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. However, if your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the IICA Rules. 
Regardless of how the arbitration is conducted, the arbitrator will issue a written decision that explains the essential findings and conclusions on which the award is based. All decisions made by the arbitrator will be final and binding, and the judgment on the rendered award may be entered in any court having jurisdiction.

Similar Claims.
To ensure a timely resolution, if 25 or more claimants submit Dispute Notices or file arbitrations raising similar claims within a 90-day period, the disputes must be arbitrated in batches of up to 50 claimants each. The IICA must group these batches upon notice from either side, and the arbitrations will be consolidated into a single batch if there are 25-50 claimants or batches of 50 claimants each if there are more than 50 claimants. A smaller final batch will be created for any remaining claimants. The arbitration process will be conducted with a single arbitrator, one set of arbitration fees, and one hearing (if any) per batch. The hearing will be held in Israel, Tel Aviv, or by phone or video conference, at the arbitrator's discretion. Both parties must cooperate in good faith to implement this process and minimize the time and costs of arbitration. A single process arbitrator will hear any challenges to administrative determinations by IICA. If this Section 9.9 is deemed unenforceable as to a particular claimant or batch, then those parties must arbitrate in individual proceedings.

Arbitration Costs.
Payment of Costs and Expenses: All filing, administration, and arbitrator costs and expenses imposed by IICA will be governed by the IICA Rules. However, if you initiate an arbitration against Company for a relief of ten thousand dollars ($10,000) or less, then Company will pay all filing, administrative, and arbitration costs and expenses imposed by IICA (subject to reimbursement as set forth below). If you are initiating an arbitration against Company, and your claim arises from your use of the services as a customer, but the relief sought is more than ten thousand dollars ($10,000), and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Company will pay the amount of any such costs and expenses. However, in the event that the arbitrator determines that all the claims you assert in arbitration were frivolous at the time they were filed or that you continued to press those claims after receiving information demonstrating that they were frivolous, you agree to reimburse Company for all the costs and expenses that Company paid, and you would have been obligated to pay under the IICA Rules.
Payment of Legal Fees: Each party will bear its attorneys' fees and expenses in connection with any arbitration proceeding to the maximum extent allowed under applicable law. The arbitrator may resolve disputes and make rulings as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

Non-Qualifying Disputes.
If any part of clause 10 is found to be invalid or unenforceable, this entire section will only be void for that specific claim or issue. However, this section will still apply to any other claims or issues that are not affected. This means that arbitration for those unaffected claims or issues must be completed before any non-arbitrable claims can be litigated, even if there are overlapping legal or factual questions.

Your Right to Opt Out.
If you do not wish to be bound by the arbitration or class action waiver provisions mentioned in Section 10, you have the right to opt-out. To do so, you can send a written notice from the email address we have associated with you as a user to support@whizways.com.

Confidentiality of Arbitration.
The customers do not have the right to share publicity or to any third parties any information about any disputes or arbitration procedures with us without our prior written consent.