Effective Date: September 1, 2018
CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING OUR SERVICES BECAUSE THEY GOVERN
YOUR ACCESS TO AND USE OF THE BABOOLY APPLICATION, PLATFORM AND AUTHORIZED SERVICES. IT IS IMPORTANT
THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS.
BY ACCESSING THE BABOOLY WEBSITE AND/OR MOBILE APP, YOU AGREE THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE AND RECEIVE SERVICES.
Babooly provides applications for creating and organize events, invite people and alist of all the public events. The Services permit you to utilize the certain Internet and mobile-device applications, including storing personal content regarding your events(s), eMail, and payment information and accessing it on your devices and computers, only under the terms and conditions outlined in this Agreement. As soon as you enable Babooly, your content will be automatically sent to and stored by Babooly, so you can create your custom event and / or searching your favorite events and / or buying ticket.
These Terms of Service ("Terms") govern your individual set-up, use and access from within the United States and its territories and possessions of the applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by Babooly, Inc. and its affiliates, (collectively, "Babooly"). The words "including" and "include" mean "including, but not limited to" in these Terms
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of, the Terms for the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of conflict concerning the applicable Services.
Babooly may amend the Terms related to the Services from time to time. Amendments will be effective upon Babooly 's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Authorized Services
The Services constitute a technology platform that enables users ("Authorized Service Recipients") of Babooly 's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule on-demand event services with other users or third party providers of such services ("Service Providers" or "Third Party Providers"). Unless otherwise agreed by Babooly in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT BABOOLY AS A PLATFORM PROVIDER DOES NOT ORGANIZE ANY EVENT OR FUNCTION AS AN EVENT PLANNER OR EVENT ORGANIZER.
Devices and Accounts
Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates, and may be affected by the performance of these factors.
Subject to your compliance with these Terms, Babooly grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Babooly and Babooly 's licensors.
Authorized Brands and Services
You acknowledge that portions of the Services may be made available under Babooly 's various brands or request options associated with organizing events.
You, Authorized Service Recipient, also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Babooly's subsidiaries and affiliates; or (ii) independent Service Providers and Third Party Providers, including Event Planners, Organizations, groups.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (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 Services except as expressly permitted by Babooly; (iii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (iv) link to, mirror or frame any portion of the Services; (v) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Copyright and Other Rights of Third-Party Services and Content
The Services and all rights therein are and shall remain Babooly's property or the property of Babooly's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Babooly's company names, logos, product and service names, trademarks or services marks or those of Babooly's licensors.
Your Use of the Services
Authorized Service Recipient's User Accounts
To use most aspects of the Services, you must register for and maintain an active personal user Services account ("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 Babooly 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). 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 Services or Babooly may terminate this Agreement with you and suspend your Account functionality. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account's username and password at all times. Unless otherwise permitted by Babooly in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive auto-detailing services from Service Providers or Third Party Providers unless you accompany them. 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 Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party; especially the public. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
User Provided Content
Babooly may, in Babooly's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Babooly through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("Authorized Service Recipient or Service Provider Content"). Any Authorized Service Recipient or Service Provider Content provided by you remains your property. However, by providing Authorized Service Recipient or Service Provider Content to Babooly, you grant Babooly a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Authorized Service Recipient or Service Provider Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Babooly's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Authorized Service Recipient or Service Provider Content or you have all rights, licenses, consents and releases necessary to grant Babooly the license to the Authorized Service Recipient or Service Provider Content as set forth above; and (ii) neither the Authorized Service Recipient or Service Provider Content nor your submission, uploading, publishing or otherwise making available of such Authorized Service Recipient or Service Provider Content nor Babooly's use of the Authorized Service Recipient or Service Provider Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide Authorized Service Recipient or Service Provider Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Babooly in its sole discretion, whether or not such material may be protected by law. Babooly may, but shall not be obligated to, review, monitor, or remove Authorized Service Recipient or Service Provider Content at Babooly's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates to it. Babooly does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Also, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Service Provider or other Third Party Provider ("Charges"). We charge the credit card and hold the charge when users buy ticket. In case of cancelation or service was not available in requested time and criteria, refund will follow immediately. After you have received services or goods obtained through your use of the Service, Babooly will facilitate your payment of the applicable Charges on behalf of the Service Provider or Third Party Provider, as such Service Provider's or Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the Service Provider or Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Babooly. You retain the right to request lower Charges from a Service Provider or Third Party Provider for services or goods received by you from such Service Provider or Third Party Provider at the time you receive such services or goods. Babooly will respond accordingly to any request from a Service Provider or Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately, and payment will be facilitated by Babooly using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Babooly may, as the Service Provider or Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Babooly, Babooly reserves the right to establish, remove and revise Charges for any or all services or goods obtained through the use of the Services at any time in Babooly's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Babooly will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Babooly may from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
This payment structure is intended to fully compensate the Service Provider or Third Party Provider for the events, services or goods provided. After you have attend in an event or received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Service Provider or Third Party Provider.
SERVICES PROVIDED “AS AVAILABLE” AND “AS IS." BABOOLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE EVENTS OR SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BABOOLY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.
ALSO, BABOOLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION IN ADDITION TO THAT, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
EVEN IF BABOOLY HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOLLOWING DAMAGES, BABOOLY 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.
BABOOLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BABOOLY HAS BEEN ADVISED OF THE POSSIBILITY. BABOOLY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BABOOLY'S REASONABLE CONTROL. IN NO EVENT SHALL BABOOLY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS ($500).
You agree to hold and indemnify Babooly and its officers, employees, directors, and agents harmless from any and all claims, losses, liabilities, demands, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Babooly's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You agree that any controversy, claim or dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Babooly, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trade secrets, trademarks, patents or other intellectual property rights. You acknowledge and agree that you and Babooly are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Furthermore, unless both you and Babooly agree otherwise in writing, the arbitrator cannot consolidate the claims of more than one person. Otherwise, it cannot be governed by any form of class or representative procedure. If this particular paragraph is held unenforceable, the whole of this "Dispute resolution" section is deemed void. Except as prescribed in the preceding paragraph, this "Dispute resolution" section will continue to terminate this agreement.
Choice of Law
These Terms are governed by and construed by the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
Intellectual Property Infringement
Claims of copyright or Intellectual Property Infringement should be sent to Babooly's designated agent. Please visit Babooly 's web page at babooly.com for the designated address and additional information.
Babooly may give general notice about the service. You may use an email to your account's email address, or a written notification sent by a prepaid post to your address in the first class mail or your account. This kind of notification deemed to be given at the expiry of 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or 12 hours after transmission (if sent by e-mail). You may give notice to Babooly, with such notice deemed given when received by Babooly, at any time by first class mail or pre-paid post to Babooly.
You may not assign these Terms without Babooly's prior written approval. Babooly may assign these Terms without your consent to (i) a subsidiary or affiliate; (ii) a successor by merger or (iii) an acquirer of Babooly's equity, business or assets. Any steps in violation of this section shall be invalid. No joint venture, employment, partnership, or agency relationship exists between you, Babooly or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these terms is retained to be void or unenforceable, such provision shall be struck, and the remaining provisions shall be applied to the fullest under the law. Babooly 's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Babooly in writing.