m.boombid.asia

Terms of Use
Effective date: December 9, 2009

Through the "BoomBID Website" (which term includes www.BoomBID.com, www.BoomBID.eu, www.BoomBID.asia, www.BoomBID.mobi 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 to 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 Privacy Policy, 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: info@BoomBid.asia (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.

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 Canada, 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, Credit Card companies 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 - Should you cancel your hotel reservation or otherwise cancel your order after paying the Bid Deposit and Outstanding Balance, and such cancellation is received by the hotel LESS THAN 48 hours prior to check-in date your order payment shall NOT be returned.

(a) Cancellation by Client - – Should you cancel your hotel reservation or otherwise cancel your order after paying the Bid Deposit and Outstanding Balance, and such cancellation is received by the hotel NOT LESS THAN 48 hours prior to check-in date, the paid Bid Deposit and Outstanding Balance, will be REFUNDED immediately.

(c) 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) BoomBID does not add any additional fees to the total charges for providing hotel reservations. BoomBID charges the hotel service provider a performance commission on paying clients.

(b) BID Deposits -In order to secure your BID for a Last-Minute discount a BID deposit (the "BID Deposit") is required. In the event that a BID discounted room/suite is not available at the time of booking, your BID deposit will be refunded immediately.

Before having to submit your BID deposit BoomBID provides the maximum amount of details available about the hotel and room amenities. BoomBID does not reveal the name or location of the hotel until after the BID deposit has been paid. After the hotel name and location is reveal, for any reason, your BID Deposit shall NOT be returned.

Each star level of hotel requires a different BID deposit:

5 star hotel - BID deposit $120.00 US

4.5 star hotel - BID deposit $ 95.00 US

4 star hotel - BID deposit $ 75.00 US

3.5 star hotel - BID deposit $ 55.00 US

When your room or suite discount is confirmed BoomBID instantly provides the hotel name, address, phone and website. To book the room or suite you must pay the outstanding balance less the BID deposit. If the room or suite discount is not confirmed BoomBID immediately returns the BID deposit

(c) BID Deposit Credit - In the event that you decide to book at a later date, the BID deposit is held in your Member Account for future booking at that hotel, for up to six months. The credit must be applied to the hotel of your original selection. After submitting the BID deposit you will receive an email confirmation with a Member ID and Password for your Member Account in order to review your BID history and manage your credit when available.

(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 Services, shall be paid directly to BoomBID or its affiliates 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 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 Software 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 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.

11. Payment Methods: All BID Deposits and Booking Requests must be submitted with a major credit card unless otherwise expressly stated.

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 Mail list, List service 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. Mobile Use: BoomBID also provides access to their mobile site (www.BoomBID.mobi), ("BoomBID.mobi"), which offers the same BoomBID services on mobile devices that are designed for this purpose. BoomBID.mobi operates with similar form and content as BoomBID.

16. 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.

17. 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).

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

______________________________________________________________________
BoomBID^TM, BoomBID.com^TM, BoomBID.eu^TM, BoomBID.asia^TM, BoomBID.mobi and the BoomBID Software used under license.