TERMS AND CONDITIONS

 

Welcome to Booking A-List!

Booking A-List is owned and operated by Booking A-List Inc.

These are the terms and conditions for: 

• https://bookingalist.com

By registering as a user and using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" and "website" refer to the Booking A-List website, "we", "us", "our" and "Booking A-List" refer to Booking A-List and "user", "you" and “your" refer to you, the user of Booking A-List.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Booking A-List accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICE OR INFORMATION FROM THE PLATFORM.

 

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Booking A-List. By using the platform, you agree to be bound by this agreement, whether you are a “visitor” (which means that you simply browse Booking A-List platform) or you are a “user” (which means that you have registered on Booking A-List as a Provider or Buyer). If you do not accept the terms of this agreement, you should leave Booking A-List platforms and discontinue use of the platform immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Booking A-List. You agree to be bound by any modification to this agreement when you use Booking A-List after any such modification is posted; it is therefore important that you review this Agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Booking A-List may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

 

2. ELIGIBLITY

You may use the platform and services only if you can form a binding contract with Booking A-List, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this platform and platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.  

The platform and services may not be available to any users previously removed by Booking A-List. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

 

3. THE SERVICES

A. Platform

Booking A-List is a technological marketplace for services and rentals where Buyers and Providers can identify themselves and buy/book and sell services in the following areas:

• Makeup & hair

• Modeling

• Photography

• Styling

• Videography

Subject to the terms of this agreement, Booking A-List provides services to Buyers and Providers, including hosting and maintaining the platform, and enabling the formation of contracts. When a Buyer and a Provider enter into a contract, the Buyer and Provider use the platform to engage, communicate, invoice and pay online.

Unless otherwise agreed by Booking A-List in a separate written agreement with you, the platform is made available solely for your personal, non-commercial use. Booking A-List does not itself provide the Provider services. The provision of all Provider services is up to the Providers. Booking A-List platform, offers information and a method to obtain such Provider services, but does not and does not intend to provide such services, and has no responsibility or liability for any service and/or work product provided to you by Providers, including, but not limited to, a warranty of fitness for a particular purpose or compliance with any law, regulation, or code. Booking A-List is not affiliated with, endorsed or sponsored by any third-party provider.

B. Users

Providers: Provider users access the Booking A-List platform in order to register as a user and publish offers of services and rentals. If you wish to register as a Provider user, you must read this agreement and indicate your acceptance during the registration process. Booking A-List reserves the right to make any necessary verifications during the registration process. 

In consideration of your use of the platform, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Booking A-List (b) provide accurate, current and complete information about the services and rentals you offer on the platform (c) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Booking A-List reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time.

Buyers: A Buyer is a person who accesses the Booking A-List platform to search and book/buy offers of services and rentals published by Provider users. If you wish to become a Buyer, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service as a Buyer, you represent that you are of legal age to form a binding contract under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Booking A-List and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Booking A-List reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform at any time.

C. How it works?

Providers

1. Post your service: Post a service offering that matches your competencies. Be as specific as possible so that your customers know exactly what they are getting for the money they pay.

2. Communicate promptly: Respond to customer inquiries, as well as requests for customised quotes, within a reasonable time frame. 

3. Build your reputation: Make sure you treat all your customers equally and try to provide the best possible service, regardless of the value of the transaction. Satisfied customers will recommend you to their friends and acquaintances.

4. Receive payment for your services: Once you complete the work and services and the buyer is satisfied with your work and services, Booking A-List will release the funds paid by the Buyer for such services and the funds will be credited to your account and available for withdrawal.

Buyers

1. Find the service you need: compare services, prices, delivery times and recommendations from the community to find the Provider that best suits your needs. If you have a specific question, you can simply send a query to the Provider through the chat available on the platform.

2. Provide your information: Be as detailed as possible so that the Provider can offer you the quality service you expect. 

3. Book/purchase the service: Book the corresponding service with the Provider and make the payment through the payment system available on the platform. Your payment will remain secure until you confirm that the service has been provided or performed to your satisfaction.

4. Manage the transaction: Exchange files and comments with the Provider through the chat and transaction system built into the platform. The Provider will perform or deliver the service within a specified time frame.

5. Approve the service delivered: Once you are satisfied with the service performed, you can mark the transaction as complete, and we will ensure that the Provider receives payment. Help the community by rating the service and leaving a comment for the Provider.

D. Services

Upon the Buyer purchases a service offered by the Provider, the Buyer and the Provider will be deemed to have entered into a contract under which the Buyer agrees to purchase, and the Provider agrees to deliver the Provider Services. 

You are solely responsible for ensuring that you comply with your obligations to Providers. If you do not, you may become liable to such Provider. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer, or in any other uses you make of the Booking A-List services.

If a Provider breaches any obligation to you, or causes any damages to you or your property or rights, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a Buyer Contract or for any damages to your person, property or rights caused by Provider.

Depending on their jurisdiction, Buyers and Providers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these terms is intended to override a right that by applicable law may not be excluded.

Each Buyer and Provider acknowledges and agrees that the relationship between such Buyer and any Provider is that of an independent contractor. Nothing in these terms creates a partnership, joint venture, agency or employment relationship between any Buyer and any Provider. Nothing in these terms shall in any way be construed as forming a joint venture, partnership or a Buyer-employee relationship between Booking A-List and any Buyer or Provider.

E. Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Booking A-List content and platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Booking A-List content and the services, except as expressly permitted by Booking A-List; (iii) decompile, reverse engineer or disassemble the Booking A-List platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Booking A-List platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Booking A-List platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Booking A-List platform; or (vi) attempt to gain unauthorised access to or impair any aspect of the Booking A-List platform or its related systems or networks. 

F. Third Party Services and Content.

The Booking A-List platform may be made available or accessed in connection with third party services and content (including advertising) that Booking A-List does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Booking A-List does not endorse such third-party services and content and in no event shall Booking A-List be responsible or liable for any products or services of such Providers.

G. Ownership.

The Booking A-List platform is owned and operated by Booking A-List Inc. Neither these terms nor your use of the Booking A-List convey or grant to you any rights: (i) in or related to the Booking A-List except for the limited license granted above; or (ii) to use or reference in any manner Booking A-List’s company names, logos, product and service names, trademarks or services marks or those of Booking A-List’s licensors.

 

4. YOUR USE OF THE SERVICES 

A. Accounts.

In order to use most aspects of the Booking A-List platform, you must register for and maintain an active personal user services account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to Booking A-List certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 

Users will be able to register and log in through their Facebook and Google accounts. By registering on the platform through Facebook and Google accounts the user authorises us to access the registration information of the user's Facebook and Google accounts and authorises Google and Facebook to share their registration information with Booking A-List. Your registration information will be treated and stored in accordance with our privacy policy.

You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Booking A-List platform. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Booking A-List in writing, you may only possess one account. Provider profiles must accurately represent the Provider’s experience, skills, and personal information.

By providing Booking A-List with your email address and phone number, you agree that we may use your email address and phone number (SMS messages) to send you communications, news and special content. We may also use your email address and phone number to send you notifications, push notifications, SMS notifications and other messages, such as changes to service features, news and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request via contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special offers on our products.

B. Buyer Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your account, and you may not allow persons under the age of 18 to receive or provide Provider Services unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Booking A-List services (including, without limitation, all applicable labor laws), and you may only use the Booking A-List services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Booking A-List services cause nuisance, annoyance, inconvenience, or property damage, whether to the Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Booking A-List services, and you agree that you may be denied access to or use of the Booking A-List platform if you refuse to provide proof of identity.

C. Acceptable Use

During the term of this agreement, you may use the Booking A-List platform solely for your personal use (or for the use of a person, including a company or other organisation that you validly represent). You may use the Booking A-List services to book Provider Services only with respect to a location where you are legally authorised to receive Provider Services or to provide Provider Services. You may not use the Booking A-List Services for any other purpose or in connection with any commercial endeavor without our prior written consent. You may not use the Booking A-List platform in violation of any law, statute, ordinance or regulation.  You agree that an order for Services from Providers is an offer, which is only accepted when you receive an order confirmation. You agree to treat Providers courteously and lawfully, and to provide reasonable cooperation to Providers to enable them to provide the Services. The Providers undertake to provide the Services offered, upon acceptance of the order, with quality and professionalism, and to provide such Services in a courteous and lawful manner and to the best of their ability, and to accept the order only if the Provider is qualified and capable of providing such Services.

The Booking A-List platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Community Areas”) that allow you to communicate with other users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You shall NOT use the Booking A-List platform (including but not limited to any Community Areas) to do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Booking A-List staff.

• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, or any materials, information or content that involve the sale of counterfeit or stolen items.

• Use the Booking A-List platform or any Provider Services for any purpose or in any manner that is in violation of local, state, national, or international law.

• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.

• Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.

• Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

• Advertise or offer to sell any goods or services for any commercial purpose through the Booking A-List platform which are not relevant to the services offered through the Booking A-List platform.

• Conduct or forward surveys, contests, pyramid schemes, or chain letters.

• Impersonate another person or a user or allow any other person or entity to use your identification to post or view comments or otherwise use your account.

• Post the same note repeatedly. Spamming is strictly prohibited.

• Download any file posted by another user that a user knows, or reasonably should know, cannot be legally distributed through the Booking A-List services.

• Restrict or inhibit any other user from using and enjoying the Community Areas.

• Imply or state that any statements you make are endorsed by Booking A-List, without the prior written consent of Booking A-List.

• Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Booking A-List platform in any manner.

• Hack or interfere with the Booking A-List platform, its servers or any connected networks.

• Adapt, alter, license, sublicense or translate the Booking A-List platform for your own personal or commercial use.

• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Booking A-List.

• Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

• Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

• Use the Booking A-List platform to solicit for any other business, platform or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Booking A-List platform as set forth herein.

• Use the Booking A-List platform to collect usernames and or/email addresses of users by electronic or other means.

• Register under different usernames or identities, after your account has been suspended or terminated.

You understand that all submissions made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in community areas, and Booking A-List will not be responsible for the action of any users with respect to any information or materials posted in community areas.

D. Buyer or Provider Provided Content

Booking A-List may, in Booking A-List’ sole discretion, permit you (whether Buyers or Providers) from time to time to submit, upload, publish or otherwise make available to Booking A-List through the Booking A-List platform, textual, audio, and/or visual content and information, including commentary and feedback related to the Booking A-List, initiation of support requests, and submission of entries for competitions and promotions. Any content provided by you remains your property. However, by providing content to Booking A-List, you grant Booking A-List a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform such content in all formats and distribution channels now known or hereafter devised  for the purpose of providing services through the Booking A-List platform or otherwise in connection with Booking A-List’ business; provided that Booking A-List will try to notify you if it uses your content for any reason other than displaying it on the Booking A-List platform.

E. Feedback System

The platform will have a rating system, where users will be able to rate each other once the service is finished and register their comments when making and completing each transaction within the platform. The opinions of Buyers and Providers are the sole responsibility of the Buyers themselves. Booking A-List does not control or modify the comments made by Buyers or Providers or the ratings made by them at the end of each transaction. Buyers are solely responsible for the content and comments they post on the platform.

 

5. PAYMENTS, PAYOUTS AND COMMISSIONS

Buyers understand that use of the Booking A-List platform may result in charges to you for services you receive from a Provider. After a Buyer has received services, Booking A-List will facilitate your payment of the applicable charges on behalf of the Provider, as such Provider's limited collection agent. Payment of charges in this manner shall be deemed the same as payment made directly by the Buyer to the Provider. Charges shall include applicable taxes where required by law. Charges paid by Buyer are final and non-refundable, unless otherwise determined by Booking A-List in its sole discretion. Both Buyer and Provider reserve the right to request a modification of the charges for services or goods received by Buyer from such Provider, and such modified charges for a particular service or good shall become the new charges if such modification is agreed to by Buyer and Provider.

All charges are due immediately and payment will be facilitated by Booking A-List using the preferred payment method designated in Buyer’s account, after which Booking A-List will send Buyer a receipt by email. If Buyer’s primary account payment method is determined to be expired, invalid or otherwise not able to be charged, Buyer agrees that Booking A-List may, as the Provider’s limited payment collection agent, use a secondary payment method in Buyer’s account, if available. Subject to Booking A-List’ rights under these terms, Booking A-List will generally require payment from a Buyer prior to the performance of the applicable Provider services and will remit payment to Provider after Buyer has confirmed that the Provider services have been performed; provided that, notwithstanding anything to the contrary in these terms, Booking A-List shall in no event be responsible for any nonpayment or late payments by Buyers.

Booking A-List reserves the right to withhold payment made by Buyers until the services offered and provided by Provider are satisfactorily received. Once the services are received and completed by the Provider and the Buyer is satisfied with the services and considers the order completed, Booking A-List will release the funds paid by the Buyer for such service and the funds will be credited to the respective Provider's account. 

A. Payment methods 

The services offered by the Providers will be paid through the following payment methods:

• Credit/debit card (Stripe)

Payment for the corresponding service will be charged to your credit/debit card immediately after placing the order or booking the service. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide.  

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

B. Payouts and Commissions: Providers will pay a commission of 9.65% to Booking A-List of the total amount paid by buyers for each service purchased and booked through the platform. Payment from Providers will be made through the payment processors available on the platform, into the respective Provider's account. Payments shall have a processing time of 3 business days from the time the purchasing Buyer makes the payment for the service through the platform. From each payment made for each service performed by the Providers, the 9.65% corresponding to the commission will be deducted and the remaining amount will be credited to the respective Provider through the payment method selected by the same Provider during registration, within a maximum of 3 business days. The value of the commission will be deducted from each payment made by the Buyers before any deduction for applicable fees or taxes. Tips sent by Buyers to Providers will also be discounted the value corresponding to the Booking A-List commission. The remaining amount will be credited to the Provider's account.

 

6. COPYRIGHT AND CONFIDENTIALITY 

A. Copyright

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Booking A-List or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Booking A-List prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Booking A-List or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

B. Copyright infringement 

Booking A-List will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of provisions contained in Canadian and international copyright and intellectual property laws and regulations. Booking A-List respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Booking A-List website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Booking A-List can find it on the platform.  Note that providing a top-level URL is not sufficient.

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

Upon receipt of a copyright infringement request, Booking A-List will contact the allegedly infringing user to enable the user to respond to the request.

Responses to copyright infringement requests must contain the following:

• The physical or electronic signature of the user;

• The identification of the content that has been removed or the place where the content was posted;

• A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.

• The name, address and telephone number of the user; and 

• A statement that the user consents to the jurisdiction of the court in which the user is located.

All copyright infringement requests and responses may be submitted through our contact information.

C. Confidential Information

You acknowledge that confidential information (as hereinafter defined) is a valuable, special and unique asset of Booking A-List and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any confidential Information for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of confidential information. You shall promptly notify Booking A-List in writing of any circumstances, which may constitute unauthorised disclosure, transfer, or use of confidential information. You shall use best efforts to protect confidential information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing confidential information to Booking A-List upon termination of this Agreement for any reason whatsoever. The term “confidential information” shall mean any and all of Booking A-List’s trade secrets, confidential and proprietary information and all other information and data of Booking A-List that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

 

7. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

A. Disclaimer

The services displayed or offered through the Booking A-List platform (including, without limitation, the Provider's services) are provided "as is" and without any warranty of any kind by Booking A-List or others. The Booking A-List services are provided on an “as is” and “as available” basis. Use of the Booking A-List services is at the user’s own risk. To the maximum extent permitted by applicable law, the Booking A-List services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Booking A-List and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet user’s requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Booking A-List does not guarantee the quality, suitability, safety or ability of Providers. Users agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with user, to the maximum extent permitted under applicable law.  You agree to not hold Booking A-List responsible for your actions or omissions or the actions or omissions of any client or Provider.

B. Limitation of Liability

Booking A-List shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Booking A-List has been advised of the possibility of such damages. Booking A-List shall not be liable for any damages, liability or losses arising out of: (i) your provision of or use of or reliance on the Booking A-List services or your inability to access or use the Booking A-List services; or (ii) any transaction or relationship between client and any Provider, even if Booking A-List has been advised of the possibility of such damages. Booking A-List shall not be liable for delay or failure in performance resulting from causes beyond Booking A-List’ reasonable control. Buyers acknowledges that Providers providing Provider services may not be professionally licensed or permitted. In no event shall Booking A-List 's total liability to you in connection with the services for all damages, losses and causes of action exceed the total fees paid by, or received by you to/from Booking A-List during the six (6) months prior to the time such claim arose.

Booking A-List’ services may be used by client to request and schedule services with Providers, but you agree that Booking A-List has no responsibility or liability to you related to any goods or logistics services provided to client by Providers or with respect to client’s use of the Provider services (including non-payment) other than as expressly set forth in these terms.

The limitations and disclaimer in this section, do not purport to limit liability or alter client’s rights as a consumer that cannot be excluded under applicable law. 

C. Indemnity

You agree to indemnify and hold Booking A-List and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use of the Booking A-List platform or services or goods obtained or provided or sold through your use of the Booking A-List platform, including any data or content transmitted or received by you, or any other party’s access or use of the Booking A-List services with your username and password; (ii) your breach or violation of any of these terms, applicable law, rule or regulation (including, without limitation, any tax or employment laws); (iii) Booking A-List’ use of your content; or (iv) your violation of the rights of any third party, including Providers and Buyers.

 

8. DISPUTES BETWEEN PROVIDERS AND BUYERS

Your interactions with organisations and/or individuals found on or through the Booking A-List platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Booking A-List shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 

If there is a dispute between any Buyers and/or Providers, or between Buyers and/or Providers any third party, you agree that Booking A-List in its sole discretion may determine the amount of the charges and to whom to remit such charges, provided that Booking A-List is in no event under any obligation to become involved in any such dispute.  In relation to disputes with any other Buyers or Providers, you hereby agree to indemnify Booking A-List from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute or our determinations with respect thereto.

 

9. DISPUTES 

You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform shall be resolved by binding arbitration between you and Booking A-List, except that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Booking A-List may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. 

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of services posted and offered through the platform.

The courts of Canada, shall have jurisdiction over any dispute, controversy or claim relating to Booking A-List and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.

 

 

10. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the services and the use of the platform, will be used in accordance with our privacy policy. Please refer to our privacy policy.

 

11. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Booking A-List for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. 

 

12. MISCELLANEOUS

 

A. Choice of Law

These terms and conditions are governed by the laws of Canada, without giving effect to any conflict of law principles. Use of Booking A-List platform is unauthorised in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.

B. General

You may not assign these terms without Booking A-List prior written approval. Booking A-List may assign these terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Booking A-List's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Booking A-List as a result of this agreement or use of the Booking A-List platform. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Booking A-List's failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Booking A-List in writing.

 

13. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:

Booking A-List Inc.

Email: Alistcrew@bookinglist.com

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