www.BoomBid.com
Terms of Use
As of September 4, 2009
Through the "BoomBID
Website" (which term includes
www.BoomBid.com and any and all 'BoomBID' branded URLs),
TransReserve Inc. ("TransReserve",
"BoomBID", "We" or "Us")
provides travelers
with access to discounted hotel
reservations, worldwide.
Users of the BoomBID Website can request and potentially secure discounted "last
minute" hotel reservations within a 16 day check-in date.
The services offered by
BoomBID (the "BoomBID Services")
include the BoomBID Website and any and all components thereof, the "Reservation System" (as defined in
the BoomBID Terms of Use) and all other services offered now or in the future by
BoomBID.
INTRODUCTION
These Terms of Use (this "Agreement"
or these "Terms of Use") set forth the legally binding terms for your use of the
BoomBID Services.
By using the
BoomBID Services, you agree to be bound by
this Agreement, whether you are a "Visitor" (meaning
that you simply browse the
BoomBID
Website, including through a mobile device), a "Client" (meaning that you use the
BoomBID
Services, whether nor not you are an Account Holder) or you are
an "Account Holder" (meaning that you
have an account, known as a "Client
Account", with
BoomBID). The term "User" refers to Visitors, Clients and Account Holders collectively.
You are only authorized to use the
BoomBID Services (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and the
terms of this Agreement. Please read
this Agreement carefully and save it.
This Agreement is accepted upon your
use of the
BoomBID Website or any of the
BoomBID Services and is further affirmed by you by completing and submitting a
Bid Request (being the
request for the name and detailed information of a specific hotel) and/or Hotel
Reservation. If you
do not agree to be bound by this Agreement or with any of the legal provisions
applicable to it and to follow all applicable laws, you should leave the
BoomBID
Website and discontinue use of the
BoomBID
Services immediately.
If you wish make use of the
BoomBID Services, you must read these Terms of
Use and indicate your acceptance of
during the Bid Request and/or Account Registration process, as applicable.
This Agreement includes
,
BoomBID's
Linking Policy (which are hereby incorporated herein by reference) and
governs your rights, obligations and restrictions regarding your use of the
BoomBID
Services and Content posted on or through the
BoomBID
Services. See especially
BoomBID's
policy for acceptable use of the
BoomBID
Services (the "Usage Rules", Sections
10 to
17).
You may receive a copy of this Agreement by emailing
us
at:
[INSERT EMAIL ADDRESS AS
LINK] (Subject: Terms of Use Hardcopy Request).
TERMS & CONDITIONS
1.
Acknowledgement of Agreement: Your use of the
BoomBID
Services, the payment of a BID Deposit and/or the completion
and submission of a reservation is confirmation of your age and acceptance of
the terms and conditions as set out in this Agreement.
2.
Amendments:
BoomBID
may modify this Agreement from time to time and such
modification shall be effective upon posting by
BoomBID
on the
BoomBID
Website.
Your continued use of the
BoomBID
Services after
BoomBID
posts a revised Agreement
signifies your acceptance of the revised Agreement.
It is therefore important that you review this Agreement regularly to ensure you
are updated as to any changes.
You can view the most
current version of these Terms of Use by clicking here.
3.
Interpretation:
(a)
Headings
– The division of this Agreement into articles, sections, paragraphs,
subsections and clause and the insertion of headings are for convenience of
reference only and do not affect the construction or interpretation of this
Agreement.
(b)
Capitalized
Terms
– Each capitalized term has the meaning given to it in this Agreement.
(c)
Additional Terms & Conditions
–
In order to use certain
BoomBID
Services, you may be required to download software or Content and/or agree to
additional terms and conditions from
BoomBID. Unless otherwise
provided by the additional terms and conditions applicable to the
BoomBID
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement.
4.
Eligibility:
(a)
Representations &
Warranties – In consideration of your
use of the
BoomBID
Services, you represent and
warrant that:
i.
you
are of legal age to form a
binding agreement, which in the Province of Ontario is 18 years of age;
ii.
you are not a person barred
from receiving services under the laws and regulations of Ontario, Canada or
other applicable jurisdictions;
iii.
you will provide true,
accurate, current and complete information about yourself as prompted by
BoomBID, PayPal
and/or their respective affiliates or agents (such
information being the "Client Information");
iv.
you will maintain and
promptly update your Client Information to keep it true, accurate, current and
complete.
(b)
BoomBID
has the right to refuse,
suspend or terminate your Account and/or to refuse any and all current or future
use of the
BoomBID
Services (or any portion
thereof) if you provide any information that is untrue, inaccurate, not current
or incomplete, or
BoomBID
has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete.
(c)
For greater certainty, and without limiting the generality of subsection
(b), BoomBID
has the right to refuse,
suspend or terminate your Account and/or to refuse any and all current or future
use of the
BoomBID
Services (or any portion
thereof), without warning, if we believe
that you are
under 18 years of age and you
represent yourself as 18 or older.
(d)
Use
of the
BoomBID
Services is void where prohibited.
5.
Term:
(a)
This Agreement, and any posted revision to this
Agreement,
shall remain in
full force and effect while you use the
BoomBID
Services and shall remain in effect even after all requested BoomBID Services
have been provided to you.
6.
Termination of the BoomBID Services:
(a)
Cancellation by Client – You may cancel your use of the BoomBID Services at any time , for any reason. Should you cancel you hotel
reservation or otherwise cancel your order after paying the Outstanding Balance,
any refund of such Outstanding Balance will be subject to the hotel's terms and
conditions. In the event of
cancellation at any time , for any reason, your BID Deposit shall NOT be
returned.
(b)
Cancellation by
BoomBID
–
BoomBID
expressly reserves the right to refuse, suspend or terminate your use of the
BoomBID Website and/or deny, restrict, suspend, or terminate your access to all
or any part of the
BoomBID
Services if
BoomBID
determines, in its sole discretion, that you (i) have violated this Agreement,
(ii) pose a threat to
BoomBID
and/or its Users and/or (iii) have violated any applicable law.
7.
Fees:
(a)
Generally
– You acknowledge and agree that:
i.
BoomBID
reserves the right to charge for any portion of the
BoomBID
Services and to change its fees (if any) from time to time in its discretion. Changes in regard to fees will not
be retroactive.
ii.
Fees are based on List
Prices as provided by the hotels and/or its affiliates and management and
applicable discount rates.
iii.
Fees are subject to change,
without notice.
iv.
Unless otherwise expressly
indicated, fees quoted on the BoomBID Website do not include applicable taxes.
(b)
BID Deposits – In order to submit a BID Request (being a request for a discounted
reservation), Clients must first pay to BoomBID a non-refundable deposit of
twenty-five dollars ($25.00) (the "BID
Deposit") for each BID Request.
i.
In
the event your BID Request cannot be granted by the hotel and/or its affiliates
and management, your Bid Deposit shall be refunded to you.
ii.
In
the event you cancel your reservation, your BID Deposit shall NOT be refunded to
you.
(c)
Alternative Option Fees – Upon payment of the BID Deposit, you will be provided with the name of a
hotel(s) fitting your search criteria.
At that time, should you wish to preview other options, you may request
information for up to two (2) additional hotels, for a non-refundable fee of
fifteen dollars ($15.00) for the first Alternative Option and a non-refundable
fee of ten dollars ($10.00) for the second Alternative Option, to be paid upon
request for such Alternative Option(s).
(d)
Outstanding Balance – The "Outstanding Balance" is the "Total Price" (being your discounted
price plus applicable taxes and surcharges) for a given reservation, less the
BID Deposit. The Outstanding
Balance, while payable through the BoomBID Serivces, shall be paid directly to
the hotel and/or its affiliates and management providing your reservation.
(e)
Payments by Credit Card – Dishonoured credit card
Payments shall be subject to a collection fee, as determined by BoomBID in its
sole and absolute discretion, up to the amount allowable by law and your access
to, and use of, the BoomBID Services may be suspended and/or terminated as
deemed necessary.
(f)
Legal Fees – If
BoomBID
uses a lawyer, collection agency or other third party to collect any unpaid
amounts, you shall be responsible for the payment of all costs incurred in
regard to such services.
8.
Access to the
BoomBID
Services: You are responsible for obtaining and maintaining access to
the
BoomBID
Services.
(a)
Access may require the payment of fees to third parties (e.g. Internet
providers). You are responsible for
those fees, including fees associated with the display or delivery of
advertisements.
(b)
Access may require certain equipment.
You are responsible for all equipment necessary to access the
BoomBID
Services.
9.
Access to, and Preservation & Disclosure of Information:
You acknowledge and expressly consent to BoomBID
accessing, preserving, and disclosing
your Client Information if required to do so by law or in the good faith
belief that such access, preservation or disclosure is reasonably necessary to
(i) comply with legal process; (ii) enforce this Agreement; (iii) respond to
claims that you have violated the rights of third parties; (iv) respond to your
requests for customer service and/or technical support; or (v) protect the
rights, property, or personal safety of BoomBID, Users and/or the public.
10.
Usage Rules, Generally: You understand
that the
BoomBID
Services
and the sSoftware embodied within the BoomBID Services
use a security framework that uses technology that protects
digital information and that use of the
BoomBID
Services and materials and Content made available by or through the
BoomBID
Services is subject to certain rules ("Usage
Rules") established by
BoomBID
and its licensors and Content providers.
(a)
You
agree to comply with such Usage Rules, as established from time to time, and you
agree not to violate, or attempt to violate any of the Usage Rules.
(b)
You
agree that the Usage Rules may be controlled and monitored by
BoomBID
for compliance purposes, and
BoomBID
reserves the right to enforce the Usage Rules with or without
notice to you.
(c)
You
agree not to modify or attempt to modify any software provided or otherwise
available to you by
BoomBID
or any of its licensors or providers (the "BoomBID
Software") in any manner or form, or to use modified versions of the
BoomBID
Software for any purposes including obtaining
unauthorized access to the
BoomBID
Services.
Violations of system or network security may result in civil or criminal
liability.
(d)
You
agree not to attempt to, or assist another person in attempting to circumvent,
override, reverse engineer, decompile, disassemble or otherwise tamper with any
of security components related to the BoomBID Website and/or the BoomBID
Software, for any reason whatsoever.
(e)
Any unauthorized reproduction, publication, further distribution or public
exhibition of the BoomBID Services or Content, in whole or in part, is strictly
prohibited.
(f)
Linking
– Use of the
BoomBID
Services is governed by this Agreement and by BoomBID's
Linking Policy,
which is incorporated into this Agreement by this reference and is an integral
part of this Agreement.
11.
PayPal:
(a)
All
payments to TransReserve for reservations made though the BoomBID Services are
made through PayPal Pte. Ltd. ("PayPal").
(b)
Your use of any service provided by PayPal is governed by PayPal's terms,
conditions and policies.
WE ARE NOT RESPONSIBLE FOR ANY PAYPAL WEBSITE, PAYPAL SERVICE,
PAYPAL ACCOUNT OR ANY INFORMATION COLLECTED BY PAYPAL.
We strongly urge that you review a
PayPal's
online policies, terms and conditions prior to using PayPal's
services or providing any personally identifiable information to PayPal.
(c)
You
are solely and entirely responsible for any and all use of your PayPal Account.
(d)
You
are solely and entirely responsible for maintaining the confidentiality of any
login/username and password associated with your PayPal Account.
12.
Additional Terms and Conditions: You hereby
acknowledge and expressly agree that your BID Request, hotel reservation and/or
use of any and all services provided by individual Hotels, Hotel Affiliates
and/or Management ("Hotel") may be
governed by each Hotel's own terms and conditions which are specific to each
particular hotel and reservation and that you will abide by those terms and
conditions.
13.
Prohibited Activity: Users shall not
participate and or otherwise encourage or facilitate any Prohibited Activity.
BoomBID
reserves the right to investigate and take appropriate legal action against
anyone who, in
BoomBID's
sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities.
"Prohibited Activity" includes, but is not limited to:
(a)
criminal, tortious or other unlawful activity, including but
not limited to fraud (including the fraudulent purchase and/or use of any of the
BoomBID
Services), drug dealing, gambling, harassment, defamation, stalking, exploitation
of minors, hacking, "spamming", "spimming", sending of viruses or other harmful
files, infringement of intellectual property rights (including but not limited
to copyright, trademark and patent infringement), or theft of trade or
industrial secrets;
(b)
activity encouraging or facilitating the prohibited conduct
described in subsection (a);
(c)
activity that involves the use of viruses, bots, worms, or any
other computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise permit the
unauthorized use of or access to a computer or a computer network;
(d)
the sending of unsolicited email (including but not limited to
forged emails, emails wherein the subject line is not related to the email body,
email not requested by the recipient, bulk emails and mail bombs) to any User;
(e)
circumventing or modifying, attempting to circumvent or modify,
or encouraging or assisting any other person in circumventing or modifying any
security technology or software that is part of the
BoomBID
Services, including but not limited to attempting to circumvent or otherwise the
defeat the idle timer or system tool intended to enforce any temporary
reservation guarantee (including but not limited to the use of ping bots and
other methods of avoiding timing disconnection);
(f)
copying the code of any BoomBID Software, unless expressly
permitted to do so;
(g)
any automated use of the system, including but not limited to
Maillist, Listserv or any other auto-response software or program;
(h)
interfering with, disrupting, or creating an undue burden on
the BoomBID
Services or the networks or services connected to the BoomBID
Services;
(i)
forging headers or otherwise manipulating identifiers in order to disguise the
origin of any Content transmitted through the
BoomBID
Services;
(j)
covering or obscuring the banner advertisements on any BoomBID
Website page via HTML/CSS or any other means;
(k)
impersonating or attempting to impersonate another User, person
or entity
or falsely stating or otherwise misrepresenting your affiliation with a person
or entity;
(l)
using any information obtained from the BoomBID
Services in order to harass, abuse, or harm another person or
entity, or attempting to do the same;
(m)
using the account, Username, or password of another Account
Holder at any time or disclosing your password to any third party or permitting
any third party to access your Account;
(n)
restricting or inhibiting other Users from using and/or
enjoying the Internet;
(o)
selling or otherwise transferring any of the BoomBID
Services;
(p)
accepting payment or anything of value from a third person in
exchange for your performing any commercial activity through the unauthorized or
impermissible use of the BoomBID
Services on behalf of that person; and
(q)
using the BoomBID
Services in a manner inconsistent with any and all applicable laws and
regulations.
14.
International Use: Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from Canada or the country in which you
reside.
Any and all BoomBID
Software available in connection with the BoomBID
Services is subject to Canada's export controls.
No Software may be downloaded from the BoomBID
Services or otherwise exported or re-exported in violation of
Canadian export laws. Downloading or using the BoomBID
Software is at your sole risk.
15.
Technical Allowances:
You understand and acknowledge that the technical processing and transmission of
the BoomBID Services may involve (i) transmissions over various networks and/or
(ii) changes to conform and adapt to technical requirements of connecting
networks or devices. BoomBID
performs technical functions necessary to offer the
BoomBID
Services, which may include, but not be limited to transcoding and/or
reformatting Content to allow its use throughout the
BoomBID
Services. You agree to allow
BoomBID
to
perform such technical functions.
16.
Proprietary Rights:
You acknowledge and expressly agree that
the
BoomBID
Services and any and all content and materials (including but not limited to the
BoomBID Website and the
BoomBID
Software) associated with the
BoomBID
Services (collectively, "Content") are
owned by
TransReserve
and/or its licensors, and are protected by applicable intellectual property and
other laws (including but not limited to copyright, trademark, patent, trade secret, industrial
secret, and other laws) and that
BoomBID
owns and retains all rights in the Content and the
BoomBID
Services. Except as provided for in
this Agreement, you shall not modify,
rent, lease, loan, sell, distribute or create derivative works based on the
BoomBID
Services, in any manner and
you shall not exploit the
BoomBID
Services in any unauthorized way
whatsoever (including but not limited to, by trespass or burdening network
capacity).
17.
No Resale of the BoomBID
Services:
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any
commercial purposes, any portion of the
BoomBID
Services, your Username and/or password, the
BoomBID Software, use of the
BoomBID
Services, or access to the
BoomBID
Services.
18.
Customer Concerns:
If you have difficulty using the BoomBID Website or any of
the
BoomBID
Services or have any other questions or concerns, please
contact us.
19.
Disclaimers:
Your use of the BoomBID
Services is at your sole risk.
(a)
Downloaded Content and General Internet Use –
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR VIEWED THROUGH THE USE OF THE
BOOMBID SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY AND
ENTIRELY RESPONSIBLE FOR ANY DAMAGES WHICH MY OCCUR AS A RESULT OF SAME,
INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
BOOMBID MAKES NO WARRANTY THAT INFORMATION, SOFTWARE AND/OR OTHER MATERIAL
ACCESSED OR VIEWED THROUGH THE BOOMBID SERVICES WILL BE FREE OF
viruses, bots, worms, or any other computer code,
files or programs that MAY interrupt, destroy or limit the functionality of any
computer software or hardware, or otherwise permit the unauthorized use of or
access to a computer or a computer network.
(b)
User Conduct – BoomBID
is
not responsible for the conduct, whether online or offline, of any User of the
BoomBID
Services or any user of the Internet in general, including but
not limited to the conduct of any User while staying at a Hotel or otherwise
using the services of any Hotel.
(c)
Links, Websites & Resources – BoomBID
and/or third parties may provide links to other Internet sites or resources.
Inclusion of any link or resource on the BoomBID
Services does not imply the approval or endorsement of BoomBID. When you access such sites or
resources, you do so at your own risk.
BoomBID
has no control over third party websites and resources and such websites and resources are not necessarily investigated, monitored or
checked for accuracy or completeness by BoomBID. You acknowledge and expressly agree
that
BoomBID
is not responsible for the availability of such external sites or resources, and
that
BoomBID
does not endorse and is not responsible or liable for any Content, advertising,
products, opinions or other materials on, or available from or through such
sites or resources. You further acknowledge and expressly agree that
BoomBID
is not responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such site or
resource.
(d)
Third Party Advertisers
& Applications –
BoomBID
and/or third parties may create and/or otherwise provide advertisements and
applications to Users.
BoomBID
takes no responsibility for third party advertisements or applications that are
created and/or posted on or through the BoomBID
Services, nor does it take any responsibility for the goods or
services provided by its advertisers.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the
BoomBID
Services, including payment and delivery of related goods or services, and any
other terms, representations, warranties or conditions associated with such
dealings, are solely between you and such advertiser. You agree that
BoomBID
is not responsible or liable for any loss or damage of any sort incurred as a
result of such dealings or as a result of the presence of third party
advertisers on the
BoomBID Services.
(e)
Communications – BoomBID
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, any User
communication (whether via the Internet, telephone, "wireless" or any other
method of communication).
(f)
Technical Issues / Traffic Congestion – BoomBID
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software or failure of any email due to technical problems or traffic
congestion on the Internet or on any of the BoomBID
Services or combination thereof, including any injury or damage
to Users or to any person's computer related to or resulting from participation
or downloading materials in connection with the BoomBID
Services.
(g)
Damages
– Under no circumstances shall BoomBID
be responsible for any loss or damage, including personal injury or death,
resulting from (i) use of the BoomBID
Services, (ii) use of the services of any Hotel, (iii) any
Content posted on or through the BoomBID
Services, or (iv) the conduct of any Users of the BoomBID
Services, whether online or offline.
(h)
Discounts & Availability –
Although BoomBID uses its best efforts to
obtain the discounts and Reservations requested via the BoomBID Services,
BoomBID makes no warranty or guarantee that any Reservation or discount will be
available for any specific date or time.
The availability of such discounts and reservations is entirely dependent
on the availability and involvement of the hotels.
(i)
Reservations – BoomBID makes no warranty or guarantee that any requested
hotel reservation shall be honoured by the hotels or that the hotels will
provide rooms or suites as requested or advertised. The honouring of reservations and the
provision of ACCOMMODATIONS are ENTIRELY DEPENDENT on AGREEMENT between Clients
and hotel Providers.
(j)
Merchantability & Particular Purposes – The BoomBID
Services are provided "as-is" and "as available" and BoomBID
expressly disclaims any and all warranties, representations and conditions of any
kind, whether express or implied, including but not limited to any/all implied
warranties, representations and conditions of merchantability, fitness for a
particular purpose and non-infringement.
BoomBID
cannot guarantee and does not promise any specific results from
use of the BoomBID
Services.
(k)
Advice & Information – No advice or
information, whether oral or written, obtained by you from
BoomBID
or through the
BoomBID
Services shall create any new warranty, representation or condition.
(l)
General
– BOOMBID
MAKES NO WARRANTY THAT (i) THE
BOOMBID SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) THE
BOOMBID
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE
BOOMBID SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
BOOMBID SERVICES
WILL MEET YOUR EXPECTATIONS, OR (v) THAT ANY ERRORS IN THE
BOOMBID
SOFTWARE OR THE
BOOMBID
SERVICES WILL BE CORRECTED.
20.
Limitation of Liability:
YOU UNDERSTAND AND EXPRESSLY AGREE THAT
IN NO EVENT SHALL BoomBID (OR IT'S
AFFILIATES, LICENSORS, CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES) BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST PROFIT
, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF
BoomBID
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i)
THE USE OR THE INABILITY TO USE THE
BoomBID
SERVICES OR OTHERWISE ACCESS THE INTERNET OR ANY PART THEREOF; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS and/or SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BoomBID Services;
(iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE BoomBID Services;
software or hardware installed by
Third-Parties; spyware, malware or viruses contracted from using the Internet or
otherwise through the BoomBID Services;
(v) the refusal and/or inability of a Hotel to
honour any reservation op OTHERWISE provide ACCOMMODATIONS or other services; (vi) or ANY OTHER MATTER RELATING TO THE
BoomBID
SERVICES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, BoomBID'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO BoomBID FOR THE BoomBID SERVICES as a client or
WHILE YOU HOLD AN ACTIVE ACCOUNT, LESS AMOUNTS PAID and/or owing FOR BoomBID
SERVICES ALREADY RECEIVED.
21.
Jurisdictional Exclusions & Limitations:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS
18 AND
19 MAY NOT APPLY TO YOU.
22.
Disputes – Governing Law, Jurisdiction & Attornment: The Agreement shall be governed by,
and construed in accordance with, the laws of the Province of Ontario, without
regard to its conflict of law provisions.
You expressly agree to submit to
the exclusive jurisdiction of the courts located within the Province of Ontario
to resolve any dispute arising out of this Agreement or the BoomBID
Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY
RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN
RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS,
COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS AGREEMENT.
FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER
PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE
EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL
PROVISION. EACH OF THE PARTIES
ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY
ENTERING INTO THIS AGREEMENT.
23.
Indemnity: You agree to indemnify and hold
BoomBID
and its employees, subsidiaries, affiliates, directors,
officers, agents, partners, licensors and their respective employees harmless
from any loss, liability, claim, or demand, including reasonable legal fees,
made by any third party due to or arising out of your use of the
BoomBID
Services, your engagement and/or use of the services of any Luxury Package
Provider, your violation of this Agreement, or your violation of any rights of
another.
24.
General:
(a)
Independent Legal Advice – You acknowledge having read,
understood and agreed with all of the provisions of this Agreement
and have signed it of your own free will and without any form of duress being
exerted upon any of them by the others,
and each acknowledge having had the opportunity to obtain independent legal
advice with respect to it and that they have each either received or expressly
waived same.
(b)
Acceptance – This Agreement is accepted upon your use of the BoomBID
Website or any of the BoomBID
Services and is further affirmed by you by completing and
submitting a BID Request and/or creating an Account and becoming a Customer.
(c)
Language
– You agree that this Agreement and any of its accessories, including notices,
be written in the English language. / Les
parties aux présentes ont exigé que ce contrat et ses accessoires, y compris
tout avis, soient rédigés en anglais.
(d)
Remedies
– The User's sole and exclusive remedy is to cancel his or her Account as per
the terms of this Agreement.
(e)
Waiver
– BoomBID
shall not be deemed to have waived
the exercise of any right that it holds under this Agreement, at law or in
equity, unless such waiver is made in writing.
No waiver made with respect to any instance involving the exercise or
non-exercise of any such right is to be deemed to be a waiver with respect to
any other instance involving the exercise or non-exercise of the right or with
respect to any other such right.
(f)
Severability – In the event any provision of this
Agreement, as amended from time to time, is deemed invalid or void, in whole or
in part, by any court of competent jurisdiction, such invalidity or
unenforceability attaches only to such provision or part thereof and the
remaining terms and provisions of this Agreement remain in full force and
effect.
(g)
Limitation Period -
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the
BoomBID
Services or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
(h)
Further Assurances
– You agree to use reasonable efforts to do, make, execute, deliver, or cause to
be done, made, executed, or delivered, all such further acts, documents, and
things as
BoomBID
may reasonably require from time to time for the purpose of giving effect to
this Agreement, including regularly reviewing these Terms of Use and updating
your Client Information.
(i)
Force Majeure
–
BoomBID
shall not be liable or deemed to be in default for any delay or failure in
performance under this Agreement or for any interruption in the
BoomBID
Services resulting directly or indirectly from any act of God or the Queens'
enemies, a lawful act of a public authority, a delay or default by a common
carrier, fire, explosion, power failure, flood, epidemic, riot or civil
disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms,
labour disputes, strikes or similar event, which cannot reasonably be foreseen
or provided against.
25.
Acknowledgement
/ Entire Agreement: You ACKNOWLEDGE and expressly agree that
you have read this Agreement, understand it and agree further to be bound by its
terms and conditions, as amended from time to time. Further, You ACKNOWLEDGE and
expressly agree that this instrument is the complete and exclusive statement of
the agreement between you and BoomBID, which supersedes all proposals or prior
agreements, oral or written, and all other communications between the parties
relating to the subject-matter of this Agreement.
Please
CONTACT US if
you have any questions, comments or concerns regarding this Agreement.
Please click the box next to the phrase "I agree …" to acknowledge that you have
read the BoomBID Terms of Use in its entirety and that you agree to the BoomBID
Terms of Use and all of its terms and conditions:
I AGREE TO THE BOOMBID TERMS OF USE.
_______________________________________________________________________
BoomBIDâ„¢, BoomBID.comâ„¢ and the BoomBID Software used under license.