Version Date: September 8, 2016
booqu Inc. provides www.booqu.com, mobile apps, and its other products or services to you subject to the following terms and conditions. If you visit or otherwise use our Services (as defined below), you accept these terms and conditions.
1. Your Acceptance of the Terms
2. Your Privacy
3. Certain Conditions Placed on Your Use of the Services
Your permission to use the Services is conditioned upon your agreement that you:
• are 18 years of age or older;
• are able to form a binding contract with us;
• are not prohibited by law from accessing our Services or have not previously been banned, terminated or otherwise denied access to our Services by us;
• are not acting on behalf of a person whose access to our Services has been previously terminated or otherwise denied by us;
• will not impersonate another user of the Services;
• will comply with these Terms; and
• will comply with any conditions, limitations or restrictions on the Services from time to time posted or described in the Services.
4. Your Account
You will need to register by creating an account with booqu (an “Account”) in order to obtain access to certain Services, including Offers (as defined below). If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User Name”). Access to our Services is not authorized by any other person or entity using your User Name, and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access or use the Services has previously been terminated by booqu may not register for an Account.
booqu relies on User Names to know whether users accessing or using our Services are authorized to do so. If someone accesses our Services using a User Name that we have issued to you, we will rely on that User Name and will assume that access has been made by you. You are solely responsible for any and all access to or use of the Services by persons using your User Name. Please notify us immediately if you become aware that your User Name is being used without authorization.
booqu provides consumers with opportunities to purchase certain products and services (each, an “Offer”) from third-party merchants (each, a “Merchant”) using the Services as a platform for Offer searching, soliciting, booking, payment, and rating. The listing and promotion of each Offer works as a form of advertisement for the Merchant by booqu. You are required to have an Account in order to solicit or purchase any Offer. Your Account allows us to collect information to allow you to pay for your Offers and so we can provide you with easy access to your Offer history, allow you to post reviews of Merchants, allow Merchants to post reviews of you, and give you the ability to modify your preferences.
How it Works
You may request available Offers, which we call “Live Deals” on the Services, by submitting your desired criteria via the Services. You may also search for or receive notifications for available Offers initiated by a Merchant and made accessible to users of the Services, which we call “Last Minute” bookings on the Services. By accepting or placing an order for a given Offer, you are agreeing to purchase that Offer on the terms, restrictions and conditions associated with the Offer. Once you have placed your order, you will receive a confirmation of the Offer and your credit card or other payment mechanism will be charged for the amount of the Offer.
Offer Specific Terms
In addition to the terms set forth herein, each Offer may come with its own set of restrictions, terms and conditions (collectively, the “Offer Specific Terms”). By purchasing, accepting, or using any Offer, you agree to the Offer Specific Terms in addition to these Terms. You acknowledge the Merchant for an Offer may impose or require additional terms and conditions relating to the Offer.
Purchasing an Offer; Refunds
When you purchase an Offer, you agree to receive products and/or services from the offering Merchant at the time and place specified for the Offer and you pre-pay for those products and/or services. You are not receiving a voucher, gift card, coupon or credit generally applicable to purchases from the offering Merchant, and the value of a purchased Offer may not be applied against any different or future purchases from the Merchant. Unless otherwise set forth in the Offer Specific Terms or required by law, the following additional terms apply to all Offers:
• A purchased Offer is date-specific and is valid for only the scheduled visit to the offering Merchant.
• To the extent applicable, you may not reschedule an Offer unless the offering Merchant agrees to do so in the Merchant’s sole discretion. The offering Merchant is under no obligation to honor the terms of an Offer at any time other than the initially scheduled time.
• • There are no full or partial refunds for purchased Offers except (a) as provided by the Refund Policy or (b) in booqu’s sole discretion in response to complaints received from you within three days of the Merchant’s delivery of products or services underlying a purchased Offer or, if earlier, the scheduled date for such delivery. In general, booqu will not issue refunds based on quality of product or service complaints and will only issue refunds outside of the Refund Policy for credible complaints of serious malfeasance, criminal activity, or health and safety violations.
• Any refunds issued or provided by booqu will be on behalf of the offering Merchant unless otherwise specified by booqu.
• Offers cannot be combined with any other coupons or promotions.
• Taxes, tips, prior balances and/or shipping or handling, as applicable, are extra and are not part of a purchased Offer.
• Duplicate use, sale or trade of a purchased Offer is prohibited.
Merchant Is the Seller
The Merchant is selling the products and/or services purchased by you in an Offer and is solely responsible for all products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, related to the Offer. The selling Merchant is also solely responsible for your refund, return, exchange, unclaimed property, or rescheduling rights, if any, associated with the Offer.
booqu is the not the seller of the products and/or services purchased by you in an Offer, is not responsible for investigating or vetting Merchants, and not responsible for the descriptions of Offers. A Merchant may advertise goods, services or experiences via the Services that require the Merchant to have an up-to-date regulatory authorization, license, or certification. booqu has no obligation to verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Offer to determine whether: (i) a Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Offer is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of an Offer.
You hereby irrevocably waive all rights related to, and release booqu and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your purchase of an Offer or the products and/or services provided in connection with it.
Offers are typically limited in availability by number, jurisdictional boundary, time, and/or geographical area. booqu reserves the right, in its sole discretion, to discontinue, exclude or otherwise limit the availability of Offers or the provision of the Services or any other product or service. booqu does not represent or warrant that any product or service promoted on the Services will be available for purchase by any particular person.
We may display discounts on the Services in connection with each Offer. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the Merchant, other vendor, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
The price of Offers (or other products and services) will be as quoted on our Services from time to time, except in cases of obvious error. booqu strives to provide accurate pricing information regarding the products and services available on the Services. We cannot, however, insure against pricing errors. booqu reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Services as a result of an error. If this occurs, booqu will notify you by email. In addition, booqu reserves the right, at its sole discretion, to correct any error in stated prices.
Taxes and Fees
Your purchase of an Offer may be subject to taxes, payment processing fees, and other service fees, which will be presented to you and must be paid by you at the time you purchase an Offer.
As part of the Services, booqu may provide a means for you to communicate complaints to booqu and/or the Merchant from whom you purchased an Offer. You understand, however, that Merchant (and not booqu), is responsible for delivering the goods and services underlying an Offer, that you will only look to Merchant (and not booqu) for any refunds or compensation unless otherwise expressly set forth in these Terms, and that any complaint communication mechanism provided by booqu is solely for your convenience in communicating with booqu and/or the Merchant. Any complaint communication mechanism provided by booqu will be subject to any time limit and format constraints established by booqu.
6. Booking and Other Services
In addition to Offers, the Services may include other services, such as appointment booking or scheduling services. Appointment booking and scheduling services are only available for Merchants with whom you have completed an Offer.
7. Intellectual Property
The Services (including past, present and future versions) and all content included in, on or that are otherwise a part of the Services (collectively, the “Content”) are owned, controlled or licensed by booqu or affiliates.
The entire contents of the Services (including the Content) are copyrighted under United States copyright laws. Without limitation, booqu owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Services. Trademarks and service marks, including, without limitation, “booqu,” which appear on and/or in the Services are the service and trademarks of booqu. You agree not to display or use, in any manner, any such marks without booqu’s prior written permission. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to booqu or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of booqu, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Services.
8. Your Access to the Services
Subject to your compliance with the Terms, we grant you a limited, revocable license to access and make personal, nontransferable, nonexclusive use of the Services. You are expressly prohibited from:
• any collection and use of any product listings, descriptions, prices or any other information posted on or in the Services for any purpose other than your own personal use, including, without limitation, any purpose competitive to booqu or the Merchants featured hereunder or any commercial purpose, including marketing;
• any resale or commercial use of the Services, the Content, and/or any of the other contents or materials found thereon;
• deep-linking to any portion of the Services;
• framing or utilizing framing techniques to enclose any portion of the Services without express written consent;
• using the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
• attempting to gain access to secured portions of the Services to which you do not possess access rights;
• reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, transferring, licensing, or selling any Content, Services or Offers;
• using the Services to generate unsolicited email advertisements or spam;
• any downloading or copying of any Services or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; or
• using any automatic or manual process to search or harvest information from the Services, or interfering in any way with the proper functioning of the Services.
Any unauthorized use of the Services, Content, and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of www.booqu.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without our express written permission.
You agree that the Services and pricing (except for Offers you have already accepted) may change at any time in booqu’s sole discretion, without notice.
9. Third-Party Links and Content
10. Information and Content Submitted by You or About You
The Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). Moreover, although booqu does not solicit business submissions, any submissions you make via the Services or otherwise to booqu for new products, new features, new markets or other business ideas shall be deemed User Content for purposes of these Terms. You agree not to post or provide any User Content on any of the Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post or provide any User Content that contains software viruses, malicious code, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. booqu reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by any user of the Services are those of the respective author(s) or distributor(s) and not of booqu.
If you do post User Content or submit material, you grant booqu a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant booqu and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity and that you will indemnify booqu for all claims resulting from User Content you supply. booqu takes no responsibility and assumes no liability for any User Content posted by you or any third party.
You understand that consumer users of the Services may post reviews and commentary regarding Merchants and that Merchant users of the Services may post reviews and commentary regarding consumer users, including you. You acknowledge and agree that booqu has the right, but not the obligation, to edit or remove any such review or commentary if it violates these Terms, is offensive, is illegal, or for any other or no reason. booqu does not control or endorse any User Content and specifically disclaims any liability concerns or relating to your contribution of, use of, reliance on, or objection to any User Content.
11. Termination and Suspension
booqu may immediately terminate or suspend any User Names, Accounts or passwords in the event of any conduct by you which booqu, in its sole discretion, considers to be unacceptable or in the event of any breach by you of these Terms.
In the event of termination or suspension, you agree to immediately cease access to our Services, except that you may proceed with any Offers purchased prior to termination or suspension. Except as stated in the previous sentence, these Terms will survive any termination or suspension of User Names, Accounts, passwords or of these Terms.
12. Exclusion of Warranties
WE PROVIDE THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Services, the Offers, or any third-party products or services made available to you via the Services, unless otherwise specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT booqu’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, booqu AND OUR OWNERS, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SERVICES OR ANY OFFER WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY OFFER, PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM booqu WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A booqu REPRESENTATIVE SHALL CREATE A WARRANTY.
Without limiting the generality of the foregoing, you acknowledge that booqu will from time to time conduct maintenance operations and that some or all of the features and functionality of the Services may be limited or unavailable during such maintenance.
13. Limitations of Liability
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THE EXCLUSIONS OF WARRANTIES PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT booqu, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE booqu FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY OFFER, PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
14. Applicable Law and Jurisdiction
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as they are applied to agreements entered into and to be performed entirely within Washington. Any action you, any third party or booqu may bring to enforce these Terms or in connection with any matters related to the Services shall be brought only in either the State or Federal Courts located in King County, Washington, and you expressly consent to the jurisdiction of said courts. WE EACH WAIVE ANY RIGHT TO A JURY.
Notwithstanding the foregoing, we both agree that you or we may bring suit in any court of applicable jurisdiction to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
15. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless booqu and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to booqu; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. For the avoidance of doubt, this defense and indemnification obligation will survive the termination of these Terms and your use of the Services.
booqu reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchant. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Services and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
16. Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find any content on the Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) your contact information, including an address, telephone number and, if available, an e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for booqu’s Copyright Agent for notice of claims of copyright infringement is as follows:
booqu Attn: DMCA/Copyright Agent 107 Spring St. Seattle, WA 98104 firstname.lastname@example.org
17. Entire Agreement, Changes to these Terms and the Services, and Waivers
18. Electronic Communication
The communications between you and booqu are electronic. You consent to receive communications from booqu in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
19. General Terms
You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of these Terms. We may assign these Terms at any time without notice to you. You may not assign these Terms or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
YOU AND booqu AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO booqu MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are not legally able to accept these terms, or refuse to abide by and comply with these Terms, you must cease use of the Services immediately.