Last modified: 1 September 2022

Terms of Service

Welcome to Navin, indoor and outdoor positioning and navigation platform (the “Platform”). These Terms of Service (“Terms”) govern your rights and obligations regarding the use of the Platform and related services (collectively referred to as the “Service”) on the internet or in a mobile device. The Service is owned and operated by Navin Systems Ltd. (“Navin”, “we”, “us” or “our”) with its principal place of business at Atir Yeda 1 st, Kfar Saba, Israel.

PLEASE READ CAREFULLY THE FOLLOWING TERMS BECAUSE THEY, ALONG WITH OUR PRIVACY POLICY, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR ENTITY ACCESSING OR USING THE SERVICE (“YOU”, “YOUR”), AND US. BY ENTERING, CONNECTING TO, ACCESSING THE SERVICE OR BY USING IT IN ANY OTHER MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SERVICE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN US AND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT CONNECT, ACCESS, DOWNLOAD OR USE THE SERVICE IN ANY MANNER.

1. What is the Service

The Service allows users to easily orientate and/or navigate to their desire destination both indoors and outdoors. It allows to user depending on its location, exploit our Platform as it can be used in several manners – live map, mobile application and indoor kiosk as detailed below.

    1. Live Map – Digital map to orientate, search and receive routes to destinations from any computer, desktop or mobile which connected to the web.
    2. Wayfinding Kiosk – Interactive screens provide users indoor and outdoors way-finding solutions (map/rout/instructions). By using the Kiosk it is possible to get a map of the selected route by entering your mobile’s number and/or your e-mail address and/or by scanning a QR code and/or by opening a link sent to your device in any other digital form. Note that you are not obligated to provide us with any information and it is entirely and completely your decision.
    3. Mobile App – on-the-go mobile navigation app that allows users to reach their destination indoors and outdoors. This app uses location services and sensors readings from the user’s mobile device in order to work, and therefore requires the user to give location and necessary sensors permissions to the app. Note that the Service cannot be provided without utilizing this technology.

2. Right to Use the Service

    1. Pursuant to these Terms, Navin grants you a free of charge, time-limited, non-transferable, non-exclusive, non-revocable, non-sublicensable, right to use the Service. The rights of usage shall be solely for private and personal purposes, all pursuant to and subject to these Terms. All rights not expressly granted to you are reserved by Navin.

3. Use Restrictions

    1. Except as expressly provided herein, you may not and shall not, or permit anyone to directly or indirectly-
      1. translate, modify, distribute, republish, download, display, copy, or otherwise reproduce the Service in whole or in part and/or transmit the Service in any form or by any means;
      2. reverse engineer, decompile, disassemble, or otherwise attempt to discover or derive the source code, object code, or underlying structure, ideas or algorithms of any part of the Service or any documentation or data related to or provided with the Service;
      3. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ right to privacy, others’ copyrights, and other intellectual property rights;
      4. assign, license, sublicense, pledge, lease, rent, transfer, publish, distribute, host, sell, market, or otherwise commercially exploit and/or share its rights under these Terms;
      5. create a database by systematically downloading and storing all or any of the content from the Service;
      6. forward any data generated from the Service without the prior written consent of Navin;
      7. create derivative works based upon any or all of the Service or any of its components and/or outputs;
      8. interfere in any manner or disrupt the functionality of the Service;
      9. make the Service or materials resulting from the Service available in any manner to any third party for use in the third party’s business operations;
      10. access or use the Service in order to build or support, and/or assist a third party in building or supporting, products or services similar and/or competitive to the Service.
      11. transmit or otherwise make available in connection with the Service any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
      12. use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with the Service.
      13. any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations.
      14. use the Service and/or its outputs unlawfully or in any manner not expressly authorized by these Terms;

4. Use of Content

    1. Content incorporated within the Service may include street maps, business data and other information. Certain Content is made available through license by third party including google, Inc. (“Google”). As a result, your access and use of the Service is subject to and you agree to be bound by Google’s policies https://policies.google.com/terms.

5. Termination

    1. You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise us of such termination. However, if you would also like for us to delete your personal information, to the extent such information was provided, please contact us via info@nav-in.com. On receiving such a request, we will use reasonable efforts to delete such information, however, please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.
    2. Navin retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Navin deems appropriate, at its sole and absolute discretion.
    3. In addition, Navin may at any time, at its sole discretion, cease the operation of its Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Navin does not assume any responsibility with respect to, or in connection with the termination of our Service’s operation and loss of any data.

6. Intellectual Property Rights

    1. All intellectual property rights in and to the Service, the Service and its database, including copyrights, trademarks, industrial designs, algorithms, methods patents, trade secrets and other intellectual property rights – are either the exclusive property of Navin or its affiliates or are exclusively licensed to Navin. The Service is protected, among others, by the Israeli Copyright Law, 2007 as well as by applicable copyright provisions prescribed by any other law, in Israel and elsewhere.
    2. “Navin”, the logo, and other trade and/or service marks are the property of Navin or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Navin.
    3. The design, trade dress, and the ‘look and feel’ of the maps of the Service are protected works under applicable copyright laws and Navin and its affiliates retain all intellectual property rights therein. The right to use granted to you in these Terms does not extend to or include a license to use the maps displayed on the Service or any mark, indicator, logo or notation embedded in the maps that are displayed on the Service.
    4. Navin may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Navin’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Navin to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
    5. In the event that you provide us with any suggestions, comments or other information relating to the Service and/or publish on the Service certain information, for example map and road updates (“Feedback”), such Feedback is deemed at the incipiency our sole and exclusive property and you hereby irrevocably assigns to Navin all of your rights, title and interest in and to all Feedback, if any, and waives any moral rights that you (or anyone on your behalf) may have in such Feedback. Navin retain the sole discretion in determining if to publish or use your Feedback within the Service and in any other matter pertaining to the publication or usage of such Feedback. You hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations.

7. LIMITATION OF LIABILITY AND WARRNTY

    1. WE PROVIDE THE SERVICE AND ANY CONTENT, DATA OR INFORMATION INCLUDED THEREIN OR RELATED THERETO FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSETITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES: (i) AS TO THE PERFORMANCE, CORRECTNESS, FUNCTIONALITY OR SUITABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE; (ii) THAT THE SERVICE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
    2. Additionally, and without derogating from the above clause, Navin disclaims any warranties relating to the accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of the Service or any content, routes conditions or navigation routes presented or displayed in or by the Service. Furthermore, Navin disclaims any warranties relating to availability with respect to specific area and/or location.
    3. You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own decision. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
    4. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON YOUR LOCATION. IN THE EVENT THAT THE INFORMATION PRESENTED ON YOUR LOCATION (ROAD SIGNS OR ANY OTHER SIGNS, POLICE OFFICER, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
    5. NAVIN AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, RESELLERS, DISTRIBUTORS AND AGENTS FROM ANY COUNTRY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA AND LOST OF TIME), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

8. Indemnification

Without derogating from any applicable law, you agree to defend, indemnify and hold harmless Navin and its affiliates, any of their officers, directors, shareholders, employees, sub-contractors and agents from and against all claims, damages, expenses, losses and liabilities that arise, directly or indirectly as a result of your violation and/or of any other third party on your behalf of these Terms. In view of the Service is provided to you, this indemnity is intended to cover all expenses, payments, losses, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Navin, its affiliates, any of their officers, directors, shareholders, employees, sub-contractors and agents as a result of your violation of these Terms, including but not limited to legal expenses and attorney fees.

9. Modifications to the Service

Navin reserve the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You will have no claim, complaint or demand against Navin for applying such changes or for failures incidental to such changes.

10. Modification to these Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. We will notify you regarding substantial changes of these Terms by posting the changes on this page and indicating at the top of this page the date these Terms were last revised. Any such changes will become effective no earlier than seven (7) days after they are posted, except those changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes acceptance of, and agreement to be bound by, those changes.

11. Governing Law and Jurisdiction

These Terms and the Service will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms and the Service, will be under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel.

12. Privacy

We respect your privacy. Please read our privacy policy, as it forms an integral part of these Terms.
To learn more about how we protect your personal information, please refer to our Privacy Policy at: https://nav-in.com/privacypolicy/. If you intend to connect to, access or use our Service you must first read and agree to our Privacy Policy.

13. Contact Us

Please contact us at: info@nav-in.com If you have any questions or comments regarding these Terms, the Service or to report any violations of these Terms.

14. General

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are the entire terms and conditions between you and Navin relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Navin. Notices to you may be made via email or regular mail. Our Service may also provide notices of amendments to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without our prior express written consent.