Booking Mates ground transportation management solution


Legal Disclaimer

Welcome to Booking Mates. This Website is owned and operated by Booking Mates ("we", "us" or "our"). Please carefully read the following terms and conditions governing your use of the Website and Services we offer ("Terms and conditions"). By accessing the Website and using our services, you agree to and are bound by all Terms and conditions. "IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE AND OUR SERVICES."

We reserve the right to change the Terms and conditions at any time and will post any new or revised Terms and conditions on the Website. Your continued use of this Website and using our services constitutes acceptance of the Terms and conditions in effect at the time of such use. Accordingly, we recommend that you periodically visit this page to review the then-current Terms and conditions to which you are bound.

Disclaimer of Warranties:

This website is provided by Booking Mates on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, Booking Mates disclaims all implied warranties, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.

Booking Mates makes no representations or warranties of any kind, express or implied, as to the operation, security or use of the website, the availability of any goods or services offered on the website or the accuracy, reliability, completeness or timeliness of the services, products, materials, user content or other items offered or included on this website. Booking Mates does not warrant that any functions, inaccuracies or typographical errors in the materials or user content will be repaired or corrected or that the website or the server that makes it available are free of viruses or other harmful components. Booking Mates is not responsible for any damage to your computer, computer system or portable devices resulting from use of the website or any materials downloaded or otherwise obtained from the website, including, without limitation, damages from any security breach, virus, bug, tampering, fraud, error, omission interruption, defect, delay in operation or transmission, computer line or network failure or any other malfunction. Because some states or other jurisdictions do not allow the exclusion of implied warranties, some or all of the above exclusions may not apply to you.

YOU UNDERSTAND AND EXPRESSLY AGREE TO USE THIS WEB SITE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitation of Liability:

Under no circumstances and under no legal or equitable theory (whether in tort, contract, strict liability, warranty or otherwise), shall Booking Mates, the Booking Mates affiliated parties, the officers, directors, employees, agents and representatives of each, or any of Booking Mate's vendors or suppliers be liable for any indirect, punitive, incidental, special, exemplary or consequential damages of any nature arising out of or in connection with: (i) the use of or inability to use the website, the materials or any products or services offered through the website; (ii) any transaction conducted through or facilitated by the website; (iii) any claim attributable to errors, omissions or inaccuracies in the website, the materials or any user content; (iv) unauthorized access to or alterations of your transmissions or data or (v) any other matter relating to the website; even if the parties have been advised of the possibility of such damages. If you are dissatisfied with the website, the materials or these terms and conditions, your sole remedy is to discontinue using the website. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, some or all of the above limitations and exclusions may not apply to you. In such states and other jurisdictions, Booking Mates liability is limited or excluded to the greatest extent permitted by law.

Online Conduct:

You agree to use the Website, the Materials and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the Australia and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter egg, RATs, keyboard loggers, time bombs, spyware, adware, cancel bots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Website's pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website, the Materials or any User Content or engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website.

Circumvention

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these terms and conditions or our services we offered through the Website or over the phone or otherwise interrupt or attempt to interrupt the operation of the Website and our services (a "Circumvention Act"). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act or other fraudulent act with regard to the Website and our services, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities. In any circumstances, for use of our services if you enter into a dispute of the payment with your credit card provider or PayPal once you have used our services. We may charge interest on the unpaid amount at the Cash Target rate, from the day you have used our services. Failure to pay the subsequent demanded/ unpaid invoice may result in the state government issuing a penalty infringement notice as a fare evasion or referral of this matter by Booking Mates for Civil Debt recovery action.

Indemnification

You agree to indemnify, defend and hold Booking Mates, the Booking Mates Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively, the "Booking Mates Indemnified Parties") from and against any and all costs, expenses, fees, including, without limitation attorneys' fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the Booking Mates Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the Website and our services (including, without limitation, your posting of any User Content on the Website); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.

Governing Law, Venue and Jurisdiction:

These terms and conditions shall be governed by and enforced in accordance with the law of the state of Queensland without giving effect to any choice of law or conflicts of law rules of any jurisdiction. Venue and jurisdiction for any claim with respect to or arising out of these Terms and conditions shall lie in the state or federal courts sitting in BRISBANE, QUEENSLAND to which you hereby unconditionally consent. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to (i) use of the Website; (ii) these terms and conditions and/or (iii) the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

Content & all materials

including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the "Content") are owned exclusively (either directly or indirectly) by Booking Mates and/or its content providers. The Content is protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by the Booking Mates and/or its content providers. If there are any questions regarding Website images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials, please contact us at support@bookingmates.com and we will respond as soon as possible.

General Provisions

These Terms and conditions constitute the entire agreement between you and us concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between you and us with reference to the subject matter of these Terms and conditions will be of any force or effect. Section headings are used for convenience only and shall have no interpretive effect or impact whatsoever. If any one or more of the provisions of these Terms and conditions should be ruled wholly or partly invalid or unenforceable by a court or tribunal with a dispute or interpretive jurisdiction over the Terms and conditions, then such provision shall be reformed by such court or tribunal in such a manner to make the provision enforceable and as near the manifest intent of both you and us as possible and the validity and enforceability of all other provisions of the Terms and conditions shall be unaffected. Our waiver of the performance of any provision of these Terms and conditions shall not be a waiver of, nor prejudice to our right to require, strict performance of the same or any other provision in the future. The rights and remedies of you and us pursuant to these Terms and conditions shall be cumulative and not alternative and no delay by either you or us in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy or any other right or remedy or the further exercise thereof.

YOU UNDERSTAND AND EXPRESSLY AGREE TO USE THIS WEB SITE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

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