This User Agreement (this “Agreement”) is entered into as of the date above (Effective Date) by you and Booqed Limited (“Booqed,” “we,” or “us”) and applies to your access to, use of, and participation in Booqed’s products and services including but not limited to any content we generate for a User, as we make such products, services and content available through our web-based and mobile applications (the “Applications”) and/or our webhosting platform and/or by any other means (collectively our “Services”). If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept the terms and conditions of this Agreement on the entity’s behalf and that the entity agrees to accept all of the terms and conditions of this Agreement.We reserve the right to change this Agreement at any time at our discretion, except as expressly set forth in this Agreement. If we make changes to this Agreement, we will provide notice of the changes such as by sending you an email, by providing notice through the Services, or by updating the “Last updated” date at the top of this Agreement. Your continued use of the Services after we provide notice of the changes will confirm that you accept the changes. We encourage you to review this Agreement regularly to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to the changes, you are prohibited from using the Services.
Questions or comments about this Agreement may be directed to Booqed at email@example.com.
Whenever used in this Agreement, the following capitalized terms have the following specified meanings:“Applicable Law”
means any applicable state, federal, and local laws, rules, and regulations, including, without limitation: zoning laws or restrictions; neighborhood or condominium covenants, conditions and restrictions; payment, credit, stored value, money services business, e-money and similar laws; and OFAC compliance and similar requirements.
means the agreement between a Guest and a Host concerning the license (similar to but distinct from a short term rental or lease as provided below) of a Space. May also be referred to as a reservation.
means services that may be offered by a member of the Booqed team to directly assist guests in making a Booking.
means a User, intending to user Services as a Guest, initiates permission to confirm a Booking.
means a User who buys a license of a Space from a Host.
means a User who posts or lists Spaces and sells licenses of Spaces to Guests.
“Intellectual Property Rights”
means any patent, copyright, trademark, service mark, trade name, trade secret, know-how, or other intellectual property right.
means any discussion forums, blogs, private messages, emails, or other interactive features of the Services.
means the total billing charge to a Guest by a Host for the licensing of a Space using the Services inclusive of the Service Fee and all applicable Taxes.
means the License Charge received by a Host for the licensing of a Space using the Services after deduction of the Service Fee.
means Booqed and our independent contractors, suppliers, and consultants, and our and their respective directors, officers, employees, and agents.
means premium services subject to additional charges (e.g. car booking service, etc..), which Booqed may introduce from time to time.
means the charge which Booqed may charge to a Guest for processing the Transaction Amount, currently set at 5% of the License Charge.
means the charge which Booqed charges to a Host for providing the Services in connection with licensing of a Space to a Guest, currently set at 10% of the License Charge.
means an area or space posted or listed via the Services by a Host as being available for a Guest to use at the listed times and prices and subject to any listed terms and conditions.
means the details of a Space as posted or listed by the Host using the Applications, including any special terms and conditions applicable to the sale of a license to use that Space;
means any sales tax, value added tax, harmonized sales tax, goods and services tax, or other similar tax imposed, directly or indirectly, by a municipal, state, or federal taxing authority, and includes withholding and personal or corporate income tax.
means the total billing charged to a Guest upon successful reservation of a Space. This includes the License Charge, the Processing Fee and the cost for any Booqed Concierge Services including any applicable fees.
means any registered or unregistered user of the Services, including a Host or a Guest.“User Content”
means any text, music, sound, photos, images, video, graphics, code and other items or materials that any User creates, posts, transmits, or stores in Interactive Areas, or which is otherwise generated by a User in connection with the User’s use of the Services.
Additional capitalized terms have the Additional capitalized terms have the meaning ascribed to them in the provisions of this Agreement.
2. OTHER APPLICABLE TERMS AND POLICIES
for information about how Booqed collects, uses, and discloses information about Users.
3. DESCRIPTION OF THE SERVICES
The Services provide a platform whereby a Host may post details of a Space, Hosts and Guests may communicate with each other regarding the Space, and a Guest may book the Space and buy a license (similar to but distinct from a short-term rental or lease) of the Space for an agreed upon period (the Booking), at an agreed upon price, and subject to any other agreed upon terms set out in the Space Details and Booking Request; and (2) Concierge service that supports Guests from enquiry to booking. Booqed does not (a) own, operate, provide, license, lease, rent, sell, resell, manage, or otherwise control any Space outside of its private offices; (b) perform any background checks of Hosts or Guests; or (c) conduct any inspections of Spaces. Booqed does not endorse any Guest(s), any Host(s) or any Space(s). Rather, Booqed’s sole responsibility is to make available a neutral communication and payment platform, subject to the terms of this Agreement, through which Hosts can notify details of Spaces and sell licenses of such Spaces to Guests, and Guests can buy licenses of Spaces from Hosts.
Adding and Managing Spaces. As a Host, you may add Spaces through the Services and describe Spaces you would like to make available for Guests to use, as set out in the relevant Space Details for each Space. At a minimum, the Space Details for a Space must include the following: location, size, and availability of the Space; all applicable charges inclusive of any Taxes; permitted and prohibited uses of the Space and any restrictions resulting from Applicable Laws including but not limited to zoning laws or restrictions and neighborhood or condominium covenants, conditions and restrictions; rules concerning utility use; limitations on personal property allowed in a Space by a Guest; the disposition of any personal property left in any Space by a Guest; and any additional special rules, terms or conditions with which a Guest must comply. You may not use the Services to make any Space available for rent, lease, sale, residential use or lodging purposes, or for criminal or illegal activities. By adding a Space, you represent and warrant the following: (i) all information provided in connection with the Space Details is accurate, truthful, current, and complete; (ii) the applicable Space is fully insured for the purposes set out in the Space Details, and has been and will continue at all applicable times to be properly maintained and free of all safety hazards; (iii) your addition of the Space Details and any licensing of the Space to a Guest do not and will not violate any agreements you have with third parties, any Applicable Laws, or any other third party rights; (iv) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Space included in the Space Details (including applicable insurance policies); and (v) you have the full right to license the Space to a Guest for the purposes described in the Space Details. Hosts may edit the details of or remove their Space(s) in the Applications at any time prior to a Host confirming the Booking of Space. Booqed reserves the right, but does not have the obligation, to remove details of a Space at its sole discretion, at any time and for any reason and without needing to give a reason. Booqed will notify the Host in such situations.
Booking and Confirming Spaces. Guests may issue a Booking Request for a Space via the platform or through the BOOQED Concierge Service by providing the desired Booking date, start and end time, number of attendees using the Space, and by also submitting your payment information provided by a credit card or a debit card. By reserving a Space using the Service, you represent and warrant the following: (i) any payment information you supply is true and complete; (ii) charges incurred by you will be honored by payment card company; (iii) that you will pay the stated price for the Space, even if you are unable to use the Space during the time reserved; (iv) that you will not make any alteration in, or permit any alteration to be made to, any Space; and (v) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Space included in the Space Details (including applicable insurance policies) and that you agree to any terms and conditions set out in the Space Details. As a Host, you will confirm any reserved Spaces within 48 hours (excluding weekends and public holidays) of the Booking Request or the Booking will be automatically declined. The Host may not change any terms set forth in the Space Details after approving a Booking Request from the Guest that has reserved a Space on the basis of the previously advised Space Details, including any prices or payment terms. After the Host has confirmed a Booking, then the Guest will be charged the Transaction Amount by Booqed. The Transaction Amount will include the following elements: (a) the Licensing Fee. Booqed reserves the right to terminate a Host for any two or more failures to timely confirm a reservation. Booqed reserves the right to terminate a Guest for any chargeback or declined payment authorization.
Unless otherwise stated in the Space Details, the start and end time of each Booking is inclusive of setup, teardown or cleanup time if needed.(c)
Licensing Spaces. Once a reserved Space has been confirmed by the Host, a binding contract will have been entered into by and between the Host and the Guest for the sale of a license (similar to but distinct from a short-term rental or lease) of the relevant Space by the Host to the Guest as-is and where- is, subject to this Agreement and the terms set out in the Space Details. The license, unlike a rental or a lease, does not create any interest or tenancy in the Space, is personal to the Guest so may not be transferred or assigned, is terminable as provided in these Terms & Conditions and grants the Guest only the specifically described use rights and not control in general over the Space. Any use of the term “rent” in the Applications will be in direct reference to this short-term license of a space for a specific purpose.
) Insurance. As a Host, you may be legally required to have adequate insurance in place to cover any people or property associated with the use of the Space by the Guest.
Does not undertake to audit, verify or otherwise monitor the existence or quality of any User’s required insurance.(b)
Makes no representation that the coverage and amounts of such insurance will be adequate to protect the User.(c)
Shall not be deemed to have agreed that such insurance shall constitute a limitation of the User’s liability to Booqed or another User. Each User is solely responsible for selecting, obtaining and understanding its required insurance and assuring that such insurance is adequate to protect the User.
5. PROCESSING PAYMENTS
After the Host has confirmed a reservation, the Transaction Amount will be processed and the Guest credit card will then be charged. Booqed will process the Payout to the Host within 7-14 business days starting from the end of a User’s licensing period, unless the User has notified Booqed of a dispute pursuant to section 7(f) with respect to the Space at firstname.lastname@example.org
within 2 business days of the alleged disputed incident, detailing the circumstances of such disputed incident and providing all documentation to support the dispute. Booqed will suspend the Payout to the Host and/or third-party vendor and independently contact the parties to investigate the dispute. If warranted, Booqed will mediate the dispute and make all reasonable efforts to resolve the matter quickly and amicably. Failing amicable resolution between the parties as a result of the aforementioned mediation by Booqed, Booqed will make its best reasonable determination as to the merits of the dispute and withhold part or all of the Payout or release the Payout to the Host and/or third party vendor. Space reserved for an event or pop-up store, or reservations with license periods longer than 1 month are paid according to payment terms of the Host.
Taxes on Transactions Concerning Hosts and Guests. As a Host, you are solely responsible for determining your obligations under and your compliance with Applicable Law regarding Taxes in consultation with your tax advisor. Booqed may not, and does not, offer any Tax-related guidance to Users of the Services. The Host shall be responsible for ensuring that the License Charge is sufficient to cover all applicable Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority which may be imposed on the Host in relation to the Payout.
Taxes on Transactions with Booqed. Unless otherwise specified, the Service Fee, the Processing Fee and any charges for Premium Services, are exclusive of Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority (other than Taxes imposed on Booqed’s net income). You will pay or reimburse Booqed for all such Taxes, customs, duties, fees or other amounts attributable to you immediately upon demand or provide certificates or other evidence of exemption.
7. INTERACTIONS BETWEEN HOSTS AND GUESTS, AND GUESTS AND THIRD-PARTY VENDORS
Cancellations and Refunds.
(I) CANCELLATIONS BY GUESTS. A Guest may cancel any reserved Space, subject to the following cancellation and refund rules:
1. CANCELLATION LESS THAN 3 HOUR BEFORE LICENSE PERIOD. Any meeting room or hot-desk Booking cancelled by a Guest three (3) hours or less prior to the start of the license period is non-refundable and the Guest will be charged the entire License Charge in addition to the Processing Fee.
2. CANCELLATION 3 HOURS OR MORE PRIOR TO START OF LICENSE PERIOD. For any meeting room or hot-desk Booking cancelled by a Guest 3 hours or more prior to the start of the license period, the Guest will not be charged.
3. CANCELLATION OF A BOOKING FOR AN EVENT SPACE, POP-UP SPACE OR LONGER-TERM LICENSE. Cancellation of any Booking in such circumstances is subject to the terms and conditions of the Host.
In the event a Guest cancels a Booking that, pursuant to this Section 7(a)(i), requires payment in the form of a refund to a Guest or Payout to a Host, Booqed will keep the entire Transaction Amount until the day on which the cancelled license period was to begin at which time Booqed will begin to process any applicable payments to the Guest and/or Host in accordance with its normal payment policy.
For all Guest-cancelled Bookings, the Host will be entitled to the License Charges paid to Booqed as provided in this Section 7(a)(i) less the entire Service Fee payable to Booqed provided.
Failure of a Guest to comply with the cancellation provisions of this Section 7(a) shall result in the Guest forfeiting his or her or its right to any refund and the Guest shall instead be liable for the full Transaction Amount including the License Charge.
(II) CANCELLATIONS BY HOSTS. The cancellation of a confirmed Booking by a Host requires intensive logistical support and can impact the high standard of service by which Booqed’s marketplace operates. As such, in the event of any cancellation of a confirmed Booking by a Host, Booqed reserves the right to impose penalties on the Host’s account including publishing an automated review indicating a cancelled Booking, and suspending or terminating the Host’s account. A cancellation of a confirmed Booking by a Host must be made with at least 24 hours’ notice (excluding weekends and public holidays). Failure to comply with the preceding sentence will result in Booqed charging the Host the applicable Service Fee and Processing Fee. In addition, if any Host cancels more than one Confirmed Booking, Booqed may, in its sole discretion, withhold future Payouts to a Host to make up for any losses incurred as a result of Host’s initial cancellation. These losses may include but are not limited to, the additional costs required to complete a new Booking for a Guest that has been displaced by a Host’s cancellation.
(III) BOOKING RESCHEDULING. Except as stated in Clause 7(I)3, Guests may reschedule a Booking with the same Host and for the same use (a “Rescheduled Booking”) under the following conditions:
The Rescheduled Booking must be for the same duration as the original Booking.The Rescheduled Booking date and time is subject to Host approval. Without such Host approval, the Booking will be cancelled and will be subject to Section 7(a)(i) of this Agreement (”Cancellations by Guests”).
The start of the License Period of the Rescheduled Booking must be within 90 days of the start of the license period in the original Booking.
The original Booking can only be rescheduled one time (i.e. no Host-Confirmed Rescheduled Booking may be rescheduled), and any rescheduling of a Rescheduled Booking shall be considered a cancellation by the Guest and will be subject to Section 7(a)(i)1 of this Agreement (”Cancellations by Guests”).
All Guests are subject to a Transfer Fee for all Rescheduled Bookings in the amount of 10% of the original Booking License Charge.
(IV) GENERAL. Booqed reserves the right to make adjustments to its cancellation and refund policy in accordance with this Agreement. Hosts will be notified in the event of such adjustments.
Security Deposits. A Host may, at the Host’s discretion, choose to collect a security deposit from a Guest who reserves Spaces as set out in the relevant Space Details (“Security Deposit”). As a Guest, you are required to pay any Security Deposit required by a Host before you may use the applicable Space in accordance with the terms of the relevant Space Details. Such payments will be processed by Booqed. As a Host, you must disclose any Security Deposit associated with a Space in the relevant Space Details. Except to the extent that the Host has incurred costs as a result of the Guest’s occupation of the Space to put the Space back into the condition it was in prior to being licensed to the Guest, or as otherwise set out in the relevant Space Details, the Host will refund in full the Security Deposit after the Guest’s license to use the Space has ended. Security Deposits for any related Booqed Services as well as the applicable terms and conditions are vendor- specific and shall be provided at the time the request for Booqed Concierge Services is made.
Overtime. In the event a Guest occupies a Space, or causes a Space to be occupied by anyone or anything, or uses or causes to be used any Booqed Premium Services, in excess of the time specified in the applicable Booking, the Guest will be subject to additional charges as provided in this Section 7(c) ("Overtime Charges"). If a Guest has stayed beyond the time of his or her or its Booking, the Host must alert the Booqed team via email at contact@Booqed.com
within three (3) business days of the end of the license period and relate the circumstances of the Booking and license period including the name of the Guest, any relevant and then-applicable Space Details, the date and time of the agreed-upon license period as well as the time by which the Guest overstayed the Booking. Failure by a Host to comply with the preceding sentence will result in the claim for Overtime Charges being forfeited. Overtime Charges shall be applied at time-and-a-half (1.5 times) from a Host's or third-party vendor's hourly rate, pro-rated and billed in half-hour increments for time that falls outside of the agreed upon start and end time. All Overtime Charges shall be subject to the terms and conditions applicable to the other portion(s) of the Booking including all fees and costs. All claims for Overtime Charges shall be treated by us as a dispute pursuant to Section 7(f) of this Agreement, and we will review each such claim independently before collecting any Overtime Charge from a Guest.(d)
Damages. Guests are solely responsible for (a) leaving each Space and any property provided in the condition it was provided; (b) their own acts and omissions, and the acts and omissions of their guests and invitees, with respect to each Space licensed by the User; (c) paying the Host and/or third party vendor in full to repair or replace any damage that occurred while licensing a Space. As a Host, you must contact Booqed within 3 business days at support@Booqed.com
in the event of any alleged damages by a Guest and provide evidence (including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence) of such damages and reasonable estimates to repair or replace such damages. Booqed will contact the Guest regarding the claimed damages and, as a Guest, you must respond to any such claim within 3 business days. In the event a claim is made, Booqed reserves the right to hold any payments until all disputes are resolved. Booqed reserves the right, without the obligation, to suspend or terminate any User’s ability to use the Services in the event the User fails to communicate in a timely manner regarding any damage to any Space or provides any false or misleading information with respect to such damage. Booqed has no obligation to any Host to make any deduction from any payment made by a Guest to Booqed on account of any property damage, injury, or other liability resulting from or caused by the Guest or the Guest’s guests or invitees, or for any other reason.(e)
Inappropriate Conduct. If you, as a Host, permit a Guest to use a Space or, as a Guest, make use of a Host’s Space and thereby become aware that such other User has engaged in inappropriate or illegal behavior (such as committing an act of violence or theft), you must immediately report the User to the appropriate law enforcement authorities. In addition, you must notify Booqed immediately at support@Booqed.com.
Although Booqed reserves the right to terminate the accounts of any such User, your notice will not obligate us to take any action beyond that required by law or otherwise cause us to incur any liability to you, any other User, or any third party.(f)
Dispute. If a dispute arises between a Host and a Guest following the confirmation of a Space reservation, which dispute the claiming party would like Booqed to investigate, the claiming party must notify Booqed at support@Booqed.com
within 2 business days of the alleged disputed incident and detail the circumstances of such disputed incident and provide all available documentation including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence concerning the dispute. Any disputes submitted after the 2-day period will be deemed outside Booqed’s statute of limitations and no action will be taken. Disputes submitted within 2 business days of incident will be reviewed by Booqed. Booqed will independently contact the Host and Guest to investigate the dispute. If warranted, Booqed will mediate the dispute and make best reasonable efforts to resolve the matter quickly and amicably.
Disclaimer and Release of Liability. All interactions between you and any other User are at your sole risk. Your use of the Services and your contact, interaction, or dealings with any third parties arising out of your use of the Services is solely at your own risk. Booqed is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any Host or Guest for any personal injuries, death, property damage, loss, theft, or other damages or expenses resulting therefrom. Because the Services are merely a platform, in the event that you have a dispute with any Users, you release the Booqed Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. HOST SUPPLEMENTAL INSURANCE
Booqed, in its sole discretion, from time to time may obtain and maintain one or more policies of insurance providing limited supplemental liability insurance for the protection of Hosts (the “Host Policy”). Booqed’s provision of the Host Policy will not eliminate the Host’s obligation to have insurance. The Host Policy shall be:
available only to Hosts who have fully and timely complied with the Booqed Terms and Conditions(b)
supplemental to the Host’s insurance as may be required in section 4(d)(c)
subject to and limited by the Host Policy’s terms, conditions, and exclusions(d)
subject to amendment, modification, or termination by Booqed at any time in its sole discretion without notice to any Host(e)
subject to the then applicable claims procedure established by Booqed(f)
made available upon request by contacting the Booqed support team at email@example.com.
9. USE OF THE SERVICES
10. INTELLECTUAL PROPERTY RIGHTS
The Services. As between you and Booqed, Booqed owns all right, title, and interest in and to the Services. No license or other right in or to any Intellectual Property Rights in the Booqed Platform or Services is transferred to you by virtue of this Agreement. You will not infringe, misappropriate, or violate any Intellectual Property Rights of Booqed.(b)
User Information and Content. Between Booqed and you, you own all User Content made available to Booqed in connection with your use of the Services. You hereby grant to Booqed a worldwide royalty free license to use such User Content as reasonably required in order to facilitate the provision of the Services.(c)
Neither Party may issue any press release or otherwise communicate directly with the media regarding this Agreement or the Services without the other Party’s prior written consent.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY BOOQED IN A WRITING, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BOOQED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY BOOQED MARKS, third-party trademarks, THE SERVICES, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU HEREBY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.
Booqed reserves the right to modify or discontinue (whether temporarily or permanently) any or all of the Services without prior notice, and hereby disclaims all liability for any such modification, suspension, or discontinuance. Booqed will notify Hosts in such situations.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, EVEN IF ANY OF THE BOOQED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE BOOQED PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE SERVICES; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
You will defend, indemnify, and hold harmless Booqed from and against any and all third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (a) your access to, use of, or conduct in connection with the Services; (b) your interaction with any User; (c) your agreement with any Host or Guest; (d) your addition of any Space; (e) the use, condition, or licensing of any Space or reservation or use of any Booqed Service, including any injuries, losses, damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a reservation, license, or use of a Space or Booqed Concierge Service; (f) your violation of this Agreement; or (g) your violation of the rights of another.
14. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND BOOQED TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and Booqed agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor Booqed is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND BOOQED FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Booqed agree as follows: (a) you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration; (b) any arbitration will occur in Hong Kong; and (c) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor). The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER YOU NOR BOOQED WILL COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
You can choose to reject this agreement to arbitrate (“opt out”) by sending Booqed a written opt-out notice (the “Opt-Out Notice”) to firstname.lastname@example.org
within 30 days after the date you accept this Agreement for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of this Agreement will continue to apply.
15. VENUE; GOVERNING LAW
The courts of Hong Kong will have exclusive jurisdiction over any suit in connection with the Services or this Agreement that is not subject to arbitration, and you and Booqed hereby irrevocably and unconditionally permission and submit to the exclusive jurisdiction of such courts. This Agreement and your use of the Services will be governed by and construed in accordance with the laws of Hong Kong.
Notwithstanding any of this Agreement, we reserve the right, without notice and at our discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services. Booqed reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, and you agree that Booqed may recover its reasonable attorney’s fees and court costs from you for such actions. Even while your right to use and access to the Services is suspended, this Agreement will remain enforceable against you.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Booqed may freely transfer or assign all or part of this Agreement without restriction and at our discretion. Notification will be provided to Hosts upon such transfer or assign. Enforcement of this Agreement is solely at Booqed’s discretion, and failure to enforce any part of this Agreement in some instances does not constitute a waiver of our right to enforce the same or other part of this Agreement in other instances. As used in this Agreement, “including” means “including (without limitation).” The section headings of this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of this Agreement will continue in full force and effect. This Agreement is enforceable only by and between you and Booqed; except as otherwise expressly set forth herein, there will be no third party beneficiaries to this Agreement.