General Terms of Use
Welcome to https://www.bookingmaster.travel/
(the "Website")
These general terms of use (the "Terms") constitute a binding
contract between Booking Master Travel Ltd. and/or any of its affiliates and
subsidiaries ("BMT ", "we", "us" and
"our") and you (defined below). You acknowledge that you have read,
understood, and agreed to be bound by the following:
(i) these Terms; and
(ii) other supplemental terms and policies referenced herein, which are stated
to be incorporated into, and made a part of, these Terms by reference.
You represent and warrant that you are of a legal age in your jurisdiction to
form a binding contract, and, if you are entering into these Terms on behalf of
your employer or other legal entity, that you have full authority to bind said
employer or other legal entity to these Terms.
BMT reserves the right to make changes to these Terms at any time by posting
the changed version of the Terms on this page. Your continued use of the
Service after any changes to these Terms shall constitute your acceptance of
such changes. Please check this page regularly for any changes to these Terms.
These Terms are drafted in the English language. If these Terms are translated
into any other language, the English language text shall prevail.
By accessing or using this Website and/or purchasing any Travel Products on the
Website, you agree to the Terms. If you do not agree to the Terms, please do
not use the Website or Service.
1. DEFINITIONS AND INTERPRETATION
These Terms contain a range of
capitalized terms, some of which are defined in this Section, and some of which
are defined elsewhere. Section and sub-Section headings in these Terms are for
convenience of reading only and may not to be used or relied upon for
interpretive purposes.
1.1. "Booking" means an individual reservation entry for one or several Travel
Product(s).
1.2. "Cancellation Deadline" means the last date until which Customer may cancel
its Booking without Cancellation Charges (as defined below) as set out in the
applicable Cancellation Policy (as defined below).
1.3. "Company" means travel agents, on-line-travel sites, home agents, and/or
corporations which purchase the Service from BMT.
1.4. "Content" means any text, data, information, files, images, graphics,
sounds, videos, code, audio clips, links, and/or other similar materials.
1.5. "Customer" means an individual who purchases or receives the Travel
Products purchased by the Company under the Services Agreement.
1.6. "Group Booking" means one or more Bookings for more than five (5) rooms
and/or nine (9) persons it total.
1.7. "Package" means a package as defined in Directive (EU) 2015/2302 of the
European Parliament and of the Council of 25 November 2015 on package travel
and linked travel arrangements.
1.8. "Privacy Statement" means BMT's then-current privacy statement available
at
Privacy Statement
1.9. "Provider" means the provider of Travel Products, e.g. hotel chains or car
rental companies.
1.10. "Service" means (i) the Website, and (ii) the Booking Platform (as
defined in, and to the extent the right to use such platform is granted under,
the Services Agreement), which is BMT's online travel platform offering various
Travel Products through BMT's own private database and through direct
interfaces with suppliers across the world. To the extent access to the API (as
defined in the Services Agreement) is granted in the Services Agreement,
references to the Booking Platform include the API.
1.11. "Service Agreement" means the agreement for the purchase of Travel
Products entered into between BMT and Company (as listed in the Service
Agreement).
1.12. "Travel Products" means travel products including without limitation
accommodation, transfers and car rental.
1.13. "you" means the user of the Service. In these Terms, reference to "you"
shall include "Company".
2. PRIVACY
Our Privacy Statement provides information about our data-collection practices and is incorporated by reference into these Terms.
3. COMPANY OBLIGATIONS
3.1. The Company declares and undertakes
that it is free to enter into the Terms and the Service Agreement, and there
are no legal, commercial or contractual restrictions preventing it from fully
performing all obligations thereunder.
3.2. The Company has and will have throughout the term of the Service Agreement,
all approvals, permits and licenses required pursuant to any law to perform any
activity related to the Booking Platform in accordance with the Service
Agreement (if required).
3.3. The Company undertakes to strictly comply with any then-applicable law,
regulations, directives, guidelines and/or any legislation, including any
legislation that prescribes provisions regarding marketing to consumers and
obligations regarding proper disclosure.
3.4. The Company shall make all Bookings hereunder in accordance with these
Terms and the terms of the Service Agreement and/or any relevant terms and
conditions displayed on the Booking Platform.
3.5. The Company shall timely provide BMT, upon BMT's request, with any
material information regarding Company's Customers that may be required for
properly processing and providing the Travel Products; including, without
limitation, the names of the Customers, their age, nationality and dates of
travel.
4. TRAVEL PRODUCTS
4.1. At the time of making the Booking
and/or during the Booking process, BMT shall inform the Company of the specific
terms and conditions relevant for the respective Travel Product as well as any
special operational procedures (which may include opening hours, renovations,
minimum age at check-in and voucher presentation obligations); all of which
shall be displayed on the Service. The Company shall be responsible for
ensuring that the specific terms and conditions for each Travel Product will be
clearly displayed to its Customers.
4.2. Information about Travel Products appearing on the Service is strictly as
provided by the Provider, and/or other official international sources and we
are not liable for any omissions, errors, or correctness of any part thereto.
4.3. Each Travel Product may be accompanied by a "Remark" and, in the case of
hotels, "Hotel Info", in which special terms relevant for such Travel Product
are specified, including without limitation, types of beds available in the
room (e.g., double bed as opposed to two singles), or surcharges for additional
children in the room. The Company and its respective Customers shall be
responsible for reviewing all such terms that are relevant to the Booking and
to make sure that the Booking made is consistent with those special terms.
4.4. Any important information such as taxes, facility/resort fees and front
desk limited working hours may be displayed in the Remarks or Hotel Info on the
Booking Platform and/or the information provided by the Provider. Accordingly,
it is Company's responsibility to check for updates regarding such information
and to fully inform its Customers accordingly. BMT will not be held responsible
for fees or losses incurred as a result of failure to transmit such
information. Company assumes all responsibility in relation to the above.
4.5. As we also distribute dynamic inventory (connected directly to the hotel
CRSs, where they perform current revenue management), for agencies who have
opted to cancel their bookings upon or subsequent to cancellation deadlines,
then the rates might be increased, and rooms might no longer be available for
the period between when the Booking is made on our system and your
reconfirmation to us to release the Booking to the agent.
4.6. If any Provider is unable to provide one or more Travel Products specified
in the Booking, BMT shall inform the Company promptly following receipt of
notice from Provider to such effect. The Provider shall be solely responsible
to compensate the Customer for any such changes made to the Booking.
4.7. Complaints must be reported by Customer to the Provider and BMT on a
real-time basis. However, we will not be liable for any complaints to
Providers. Customer is responsible for making Provider aware of any complaints
compensation for a problem which could have been rectified during the
Customer's stay, had the Provider been made aware of it.
5. RATES
Usually, the prices for all Travel Products displayed on the Service are the net rates ("Rates"), which are subject to applicable law, and, unless otherwise advised by the respective Provider (and, in turn, advised by BMT via the Booking Platform), are inclusive of all applicable taxes and fees (i.e. direct taxes, withholding tax, levy, VAT, or any tax applicable in any jurisdiction and/or resort fees). If such taxes/VAT apply after the Booking is made for the Customer, then the Customer will be charged for any differences that may arise. Company may independently determine its own mark-up and shall charge any such mark-up directly to its Customers as a mark-up to the Rates. Breakfast and/or other meals are not included unless otherwise stated. Some hotels/travel suppliers/authorities may charge additional local taxes, which are payable upon clients' arrival. The applicable currency is shown on every page of the "hotels" section lists.
6. VOUCHERS
6.1. Any vouchers you receive from us
will entitle a Customer to use the pre-paid Travel Product(s) in accordance
with the terms specified in the applicable voucher. All and any
extras/alterations to the above are at your or the clients' sole discretion,
and any additional charges, such as but not limited to, late checkout, food and
beverage, phone bills, laundry, room service, insurance and/or upgrades will be
settled by the Customer directly with Provider on a real time basis.
6.2. The Company will issue its own vouchers for accommodation and services
reserved for its Customers, or, alternatively, the Company may choose to use
e-vouchers generated by BMT's Booking Platform. We highly recommend keeping our
emergency phone number on every voucher you may use.
7. HOTEL ACCOMMODATION
7.1. Hotel ratings, information, maps,
and images displayed on the Service are unofficial and intended as a guideline
only and are not binding upon us in any respect. We do not guarantee the
accuracy of the ratings.
7.2. Guest rooms are allocated by hotels upon check-in at the hotels' sole
discretion. Special requests such as non-smoking rooms, adjoining or
interconnecting rooms, high or low floors etc., will be forwarded by us to the
Provider but cannot be guaranteed.
7.3. In most hotels normal check-in time is 3:00 PM and check-out time is until
noon (12:00).
7.4. Hotels must keep the rooms booked for you until 6:00 PM local time on the
day of arrival. If the Customer expects to arrive at the hotel after this hour,
he/she must advise you at the time of Booking by providing the estimated
arrival time. Should the Customer fail to do so, the hotel has the right to
resell the room, and might not be able to accommodate the Customer when he/she
arrives. Providing us with the "late arrival" information regarding
the Customer is your responsibility, and we will not be held liable for any
problems or liability arising out of your failure to do so or any failure by
Customer to so notify you. This policy also applies to any facilities or
properties having limited front desk working hours.
7.5. Please be aware that hotels are under renovation from time to time. Hotels
take all possible steps to limit disruption to their guests. Assuming that
renovations were disclosed at time of Booking, we will not accept complaints,
or requests for refunds, if a hotel is carrying out renovations while a
Customer is resident there.
7.6. The number/type of beds is as described. Hotels may have the right to
accommodate more than two guests in a room with one double bed or two separate
single beds.
7.6.1. The room types are: SGL (rooms with one single bed); DOUBLE (rooms with
one double bed or two separate single beds); TWIN (rooms with two single beds);
TRPL / accommodating 3/ & QUAD /accommodating 4/ - may consist of twin or
double bed/s/ plus an extra bed or two double beds. Extra beds are usually in
the form of a "roll away" and not full size.
7.6.2. If a Customer desires an extra bed which is not mentioned in the room's
description, Customer must ask request it at the time of booking. BMT shall not
be responsible for any failure to provide it.
7.6.3. In some hotels, no additional bed is provided for a child if the
addition of a child is not subject to any charges or is subject to a reduced
price. The sharing TWIN /DBL room by a child with adults and breakfast may be
charged for a child on departure.
7.7. Contracts with hotels are based on sale to the leisure market. Should any
Customer on arrival be found to be a corporate client, then the Provider may
waive the Booking and charge the full rack rate. We cannot accept any
responsibility if the Customer/you have a "corporate rate" agreement
with the particular hotel/chain, and the Provider refuses to honor such
Booking.
7.8. Hotels may request the guest to present his/her official travel document
(passport) and/or other identification certificate. Please advise your
Customers accordingly.
7.9. Kindly note that Hotels may refuse to accommodate guests under the age of
18\21 years old, travelling without their legal guardians. Please advise your
Customers accordingly.
7.10. A valid credit card or a cash deposit for incidentals might be requested
by the hotel at check-in.
8. CAR RENTAL
Please note that you will be subject to the Provider's (the car rental company's) terms with respect to your car rental. Please check these terms before completing the Booking. Note that we shall have no liability in relation thereto. Providers may ask for a valid driver license or international driver license and other documentation. In addition, a credit card authorization for security is usually needed.
9. TRANSFERS
9.1. Transfers and/or Transportation
Service shall mean one or more of the following:
9.1.1. Meeting of the Customer at the address of pick up point with the signage
specified in the pick-up order ("Order").
9.1.2. Assistance in the delivery and arrangement of the luggage of the
Customer (if necessary).
9.1.3. Approval of the itinerary of the transfer from the pick-up point to the
drop off point as specified in the Order via an optimal route.
9.2. The timeframe for free waiting for the Customer under the accepted Order,
shall be no longer than 20 minutes after the arrival of the train, 15 minutes
after the scheduled pick up time at the hotel or from a specific address
location within the city and 1 hour after the actual arrival time of
domestic/international flights.
9.3. In the event failure of the Customer to appear by the end of the timeframe
specified above, the Order shall be deemed fulfilled, and the Travel Products
shall be deemed rendered to the Customer, provided that Provider can
demonstrate that it reasonably attempted to establish contact with the Customer
to verify his/her whereabouts using the contact details so provided by
Customer. Please advise your Customer accordingly.
9.4. Company shall ensure that the reservation shall be in accordance with the
Customer's requirements, including the size of vehicle, type (if applicable),
number of seats and shall include road tolls, bridge tolls, airport tolls,
parking fees, baggage fees, petrol, insurance, driver gratuity and applicable
taxes.
10. CANCELLATIONS AND AMENDMENTS
10.1. The cancellation policy for each
Booking, as determined by the respective Provider, shall be clearly displayed
on the Booking Platform at the time of making the Booking or during the Booking
process (the "Cancellation Policy" or as might appear on the Platform "CXL"). The
Cancellation Policy will specify until what date and time cancellations will be
accepted and what cancellation fee, if at all, will be due to BMT for such
cancellation. The Company shall be responsible for ensuring that the relevant
Cancellation Policy will be clearly displayed to its Customers.
10.2. Without derogating from Section 10.1 above,
Cancellation Deadlines apply for each particular Booking and depend on several
factors including the Travel Product type, the Provider and any third party
suppliers or aggregators, and dates of travel. The Cancellation Deadline will
be provided with the Booking confirmation, except as otherwise specified by us.
If the Customer cancels after the Cancellation Deadline, or fails to show up at
the Travel Products provision point ("no-show"), then the Customer
will be charged a minimum of 1 night/day/unit cost of each Travel Product, and
up to 100% of the total amount booked ("Cancellation Charges") We will do our
best to avoid Cancellation Charges and will only charge you if a Provider
charges us.
10.3. In the event that you make any alteration to your Booking (including, but
not limited to, cancellations, refunds, amendments and name changes), then we
reserve the right to charge you a fee of EUR 15 per person to cover the
administration costs incurred. This charge does not include any additional
charges imposed by the Provider or by any third party suppliers or aggregators.
Any credit card, Booking, and/or other fees paid for delivery of paper tickets
and documents are non-refundable in the event of cancellation.
10.4. In the event of duplicate Bookings the Company may incur additional
charges for all such identical confirmed Bookings. BMT will endeavour to
minimize the charges but cannot guarantee to waive these charges, in part or in
whole.
10.5. All and any cancellation or amendment requests must be made in writing,
preferably online on the Website or Booking Platform. We will not process any
of your requests made by phone. The original status of the bookings will be
deemed accurate and applicable for all purposes, including payment.
10.6. If a hotel is overbooked, then the hotel may offer alternative
accommodation for the Customer. We will advise you immediately, upon receipt of
such notice from the Provider, and you will be free to accept or decline and
cancel the reservation with us within 24 hours. For clarify, we will bear no
liability towards yourselves and/or the Customers for any such overbooking or
for any failure to find alternative accommodation. Should the Customer wish to
re-book a different hotel of facility at a higher price, then, he/she will be
liable for the additional costs.
10.7. Any amendments or cancellations of bookings must be made directly through
us and not via the Provider. Should you fail to comply with this, full charges
will apply for the Travel Products booked through us, regardless of your direct
dealings with the Provider.
10.8. We will not accept any direct communication, correspondence or
instructions from Customers.
10.9. If the Customer decides to shorten/partially cancel Travel Products
during the time he/she is already using them (for example: shorten the hotel
stay and leave earlier than booked), then it is strongly recommended that
he/she will obtain written consent from an authorized representative of the
Provider that they will not be charging for the unused part of the Travel
Products and share such a written consent with you. This will facilitate our
claim to obtain a refund on the Customer's behalf. We will not be able to guarantee
any refunds, and in the event no refund is granted by Provider, the full cost
of such Travel Products as paid or payable to us will be unchanged. All and any
refunds must be first confirmed by the Provider, and we will not be able to
refund you if we do not receive a refund from the Provider for any reason.
10.10. All extensions and extra Travel Products outside the scope of the
original vouchers provided by us, will be handled and paid for by the Customer
directly on a real time basis, and we will not be held liable in any way for
such dealings, which are fully at the Customer's sole discretion.
10.11. Any change (including without limitation name and date) is subject to
Provider's approval.
11. GROUP BOOKINGS
The Booking Platform and API cannot be
used for a Group Booking. Such bookings must be sent by email and will be
subject to a quotation and prepayment. If Group Bookings are added using the
Booking Platform or API the hotels are not bound to accept the Booking. Group
Bookings are subject to longer cancellation terms and early prepayment. You
will be advised of the terms for each Group Booking upon confirmation from the
Provider. Should the Customer fail to comply with payment deadlines, then the
Group Booking will be automatically cancelled.
Submitting related Bookings that do not rise to a Group Booking is possible.
However, you must inform us that the Booking you placed is related to another
Booking. The Company will not be liable in any way for the joint execution of
Bookings not reported as being related.
12. TRAVEL PACKAGE
The Travel Products are not offered as a travel Package. BMT do not offer nor organize travel Packages. If you include any of the Travel Products provided by us in a travel Package, you undertake to strictly comply with any applicable legislation (including without limitation Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements and any Israeli or other applicable equivalent). BMT shall have no liability in relation to such legislation and you shall indemnify us for any failure to comply with this section.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. The (i) Content on the Service and
(ii) the trademarks, service marks and logos contained therein ("Marks", and
together with the Content, the "Materials"), are the property of BMT and/or its
licensors and may be protected by applicable copyright or other intellectual
property laws and treaties. "Booking Master Travel", "BMT", and the BMT
logo are Marks of BMT or its affiliates. All other Marks used on the Service
are the trademarks, service marks, or logos of their respective owners. We
reserve all rights not expressly granted in and to the Services and the
Materials.
13.2. Content on the Service is provided to you for your information and
personal use only and may not be used, modified, copied, distributed,
transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise
exploited for any other purposes whatsoever without our prior written consent.
If you download or print a copy of the Content, you must retain all copyright
and other proprietary notices contained therein.
13.3. If you provide BMT with any feedback (whether orally or in writing)
including without limitation comments, questions, reports, ideas, suggestions,
or similar feedback regarding the Service or for improving the Service
("Feedback"), such Feedback shall be deemed the exclusive property of
BMT; and you hereby irrevocably transfer and assign to BMT all intellectual
property rights to the Feedback and waives any and all moral rights or economic
rights that you may have in respect thereto.
14. THIRD PARTY CONTENT AND SOURCES
The Service may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by BMT ("Third Party Content"). The Service may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by BMT of such Third Party Content or third party, nor any affiliation between BMT and such third party. BMT does not assume any responsibility or liability for Third Party Content or any third party's terms of use, privacy policies, actions, omissions, or practices. You should read the terms of use and privacy policy of any third party that you interact with before engaging in any such activity.
15. RESTRICTIONS
You shall not do (or permit or encourage to be done) any of the following (in whole or in part): (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Service to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Service for any purpose; (vi) take any action that imposes or may impose (at BMT's sole discretion) an unreasonable or disproportionately large load on the Service's infrastructure or infrastructure which supports the Service; (vii) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (viii) remove, deface, obscure, or alter BMT's or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service; (ix) use the Service to develop a competing service or product; (x) use the Service to send unsolicited or unauthorized commercial communications; and/or (xi) use the Service in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms, any terms and conditions of any third-party product or service you use, or agreement you have entered into with any third party.
16. DISCLAIMER
16.1. We act only as an intermediary in
making arrangements for hotels, transportation or any other Travel Products and
do not assume any responsibility for the Travel Products provided by the
Provider and make no representations or warranties (express or implied) as to
the suitability or quality of Travel Products featured on this Website. BMT
accepts no liability whatsoever in relation to any Travel Products.
16.2. Company hereby acknowledges that each Provider shall be solely
responsible, with respect to the Travel Products supplied by it, for ensuring
that all the information, including, without limitation, the Cancellation
Policy, product descriptions, layouts or maps displayed on the Booking Platform
is accurate and properly updated. Company hereby further acknowledges that it
is aware that BMT provides such information in real- time, AS- IS and as
received from the Providers, and therefore, BMT shall not be responsible for the
accuracy, frequency of updates or content of said information supplied by the
Provider, or any other third party. Hotel categories supplied by Providers and
third parties may vary depending on local conditions or other reasons and BMT
shall not be responsible for the hotel category or for any other hotel
facilities or services.
16.3. We are not liable for the acts, errors, omissions, representations,
warranties, breaches, or negligence of any Providers or for any personal
injuries, death, property damage, or other damages or expenses resulting there
from. We have no liability and will make no refund in the event of any delay,
cancellation, overbooking, strike, force majeure, or other causes beyond our
direct control, including which is attributable to a Provider, and we have no
responsibility for any additional expense, omissions, delays, re-routing or
acts of any government or authority.
16.4. We shall not be in breach of these Terms, or liable to you due to our
failure, delay or inability to fulfil any Booking or performance of any
obligation under these Terms by reason of, any events which are beyond our
reasonable control.
16.5. We do not act as agents nor do these Terms create any partnership between
us. We are not liable for any Force Majeure, personal injury, death, illness,
property damage or other loss or expense of any nature directly or indirectly
arising out of any actions taken by a hotel, airline, transportation company,
or any other person or company providing or rendering services reserved through
us.
16.6. The Service is provided on an "as is" and "as
available" basis, and without warranties of any kind either express or
implied. You assume all responsibility for accessing and using the Service and
for the selection of the Service to achieve your intended results. BMT hereby
disclaims all warranties, express or implied, including without limitation,
implied warranties of merchantability, title, fitness for a particular purpose,
and non-infringement. BMT does not warrant that the Service or access to and
use of the Service will be uninterrupted or error free or that defects will be
corrected, or that the Service is free from viruses or other harmful code.
16.7. BMT does not offer a warranty or make any representation regarding Third
Party Content, Third Party Software, Travel Products, any content, information,
reports or results that you obtain through the Service. Your use of and
reliance upon the Service, or Content is entirely at your sole discretion and
risk, and BMT and its affiliates, shall have no responsibility or liability
whatsoever to you in connection with any of the foregoing. We do not make any
guarantee or representation as to the accuracy or proprietary nature of Service
content and disclaim any liability for any inaccuracies relating to the
information and description of all Travel Products displayed herein.
16.8. You agree that we will not be held responsible for any consequences that
may result from technical problems including without limitation in connection
with the internet (such as slow connections, traffic congestion or overload of
our or other servers) or any telecommunications or internet providers.
17. LIMITATION OF LIABILITY
WITHOUT DEROGATING FROM THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BMT OR ANY BMT AFFILIATE BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; AND/OR (V) TRAVEL PRODUCTS, THIRD PARTY CONTENT AND THIRD PARTY SOFTWARE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BMT OR ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SERVICES), EXCEED $500 US (FIVE HUNDRED US DOLLARS). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SHALL APPLY: (I) EVEN IF BMT OR ITS AFFILIATES, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
18. INDEMNITY
You hereby agree to indemnify, defend and hold BMT, its respective affiliates and any of our officers, directors, employees and agents and/or Providers and service providers from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (A) Customers; and/or (B) third parties as a result of (i) your breach of these Terms or the documents referenced herein, (ii) acts or omissions of Customers, (iii) your violation of any law (including without limitation data protection laws) and/or regulations, and/or of the rights of a third party, or (iv) your use of the Website.
19. MISCELLANEOUS
19.1.
Governing Law and
Jurisdiction
. These Terms (including without limitation its validity and
formation) shall be governed by, and construed in accordance with, the laws of
the State of Israel without regard to any conflicts of laws rules or principles.
The United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act shall not apply to these
Terms and are hereby disclaimed. Any dispute arising under or relating to these
Terms shall be subject to the sole and exclusive jurisdiction of the competent
courts located in Tel Aviv, Israel and the parties hereby expressly consent to
jurisdiction therein. Notwithstanding the foregoing, each party reserves the
right to seek injunctive relief in any court of competent jurisdiction.
19.2. Assignment. BMT may assign these Terms (or any of its rights
and/or obligations hereunder) without your consent, and without notice or
obligation to you. These Terms are personal to you, and you shall not assign
(or in any other way transfer) these Terms (or any of its obligations or rights
hereunder) without BMT's express prior written consent. Any prohibited
assignment shall be null and void.
19.3. Third Party Software. The Service may include third party
software components that are subject to open source and/or pass-through
commercial licenses and/or notices ("Third Party Software" and
"Third Party Software Terms and Notices", respectively). If there is
a conflict between any Third Party Software Terms and Notices and these Terms,
then the Third Party Software Terms and Notices shall prevail but solely in
connection with the related Third Party Software. Notwithstanding anything to
the contrary, BMT does not make any undertakings, representations, warranties, guarantees,
conditions, indemnities or other commitments with respect to Third Party
Software.
19.4. Customer Reference. You acknowledge and accept that BMT has
the right to use your name and logo to identify you as a customer of BMT or
user of the Service, on the Website, marketing materials or otherwise by
announcements on social media.
19.5. Severability. If any provision of these Terms is held by a
court of competent jurisdiction to be invalid, illegal, or unenforceable, then:
(a) the remaining provisions of these Terms shall remain in full force and
effect; and (b) such affected provision shall be ineffective solely as to such
jurisdiction (and only to the extent and for the duration of such invalidity,
illegality, or unenforceability), and shall be substituted or reformed (in
respect of such jurisdiction) with a valid, legal, and enforceable provision
that most closely approximates the original legal intent and economic impact of
such provision.
19.6. Waiver. No failure or delay on the part of any party in
exercising any right or remedy under these Terms shall operate as a waiver
thereof, nor shall any single or partial exercise of any such right or remedy
preclude any other or further exercise thereof or the exercise of any other
right or remedy.
19.7. Relationship. The relationship of the parties is solely that
of independent contractors. Nothing in these Terms shall be deemed to create
any employment, fiduciary, joint venture, agency or other relationship between
the parties.
19.8. Force Majeure. BMT shall not be responsible for any failure
to perform any obligation or provide any service hereunder because of any (a)
act of God, (b) war, riot or civil commotion, (c) governmental acts or
directives, strikes, work stoppage, or equipment or facilities shortages,
and/or (d) other similar cause beyond BMT's reasonable control. For the
avoidance of doubt, any problems relating to the hosting of the Service shall
not be deemed within BMT's reasonable control.
19.9. Amendment. The parties hereby acknowledge and agree that the
Terms may be amended from time to time at BMT's sole discretion.
updated January 2020
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