Agreement between User and Offer2book.com
Offer2book.com is owned and operated by Offer2book.com LLC ("Offer2book", or "we"). This agreement covers the terms and conditions applicable to the services available on or via the Offer2book website and application (altogether the "Site"), and describes your responsibilities, thereby limiting the liability of Offer2book and its third-party suppliers. The suppliers include the hotels, car rental companies and other suppliers that provide travel or other services via this Site (such third parties will henceforth be referred to as the "Travel Service Providers"). The Site is intended for personal, non-commercial use.
Before using any of the services on the Site, please carefully read this Agreement. By accessing or accessing any area of this Site, users ("users" or "you") agree to be legally bound and to abide by these Terms, which will constitute our agreement ("Agreement"). If you do not agree with any part of this Agreement, you must discontinue use of this Site. Offer2book reserves the right, based on sole discretion, to amend or modify this Agreement at any time by posting the amended or modified terms on this Site. We recommend that you periodically review these Terms. The amended or modified terms shall be effective from and after the date that they are posted on the Site. Any additional terms may apply when you book services or participate in sweepstakes or other promotions available on the Site.
Acceptable Use of the Website
Offer2book grants you a limited, personal, non-sub licensable, non-transferable, revocable license to access and use this Site only as explicitly allowable in this Agreement. You may only use this Site to make genuine reservations, purchases or requests to purchase the products or services offered (each, a "Request"). By using a credit card to secure a Request via this Site, you represent that you have appropriate authority to use that credit card for the Request. You accept to submit authentic information in line with your use of this Site. It is a breach of law to make a Request in a false / deceptive name or with any invalid payment method. Offer2book retains the right to cancel any hotel or car rental reservation or any other transaction that it to a reasonable extent believes to have been fraudulently made, including by any unauthorized use of a credit or debit card.
Your use of the Site does not offer you any right or license to use any of the Content on the Site. Any rights or licenses not specifically offered here are reserved. You are prohibited from using, transmitting, copying, reproducing, downloading, printing, modifying, displaying, “framing”, “mirroring”, publishing, creating derivative works from, transferring or selling the Content or any part of the Site without first getting authorization from Offer2book. You may copy, print, and/or download your transportation and lodging reservations and itineraries from the Site for personal use.
Without limiting the foregoing, and whether or not you have a commercial purpose, you agree not to:
use this Site to make any kind of speculative, fraudulent or false Requests or any Requests in anticipation of demand;
access, copy, monitor, or reproduce any Content of this Site using any robot, scraper, spider, or other automated means or manual process for any purpose without the express written permission of Offer2book;
take any action that imposes, or may impose, based on discretion, any disproportionately or unreasonable large load on our infrastructure;
deep-link to any area of this Site for any purpose, including the purchase path for services;
submit, transmit, post, upload or send any unlawful content, information or comments to or through this Site;
submit, post, deliver, transmit, upload or provide links to, any content containing material that could be deemed harmful, harassing, indecent, obscene, pornographic, violent, tortuous, abusive, profane, insulting, threatening, hateful, defamatory, false, or otherwise objectionable;
submit, post, transmit, upload or deliver any content, information or comments to this Site that infringe or violate the intellectual property of others including copyrights, patents, trademarks, laws governing trade secrets, and/or rights to privacy or publicity;
submit, post, transmit, upload or deliver any content or information that you don't have a right to make available under relevant law or contractual or fiduciary relationships;
manipulate identifiers, including by forging headers,so as to disguise the origin of any content or information that you post, transmit or deliver;
use this Site in any way that could damage, overburden, disable, impair or otherwise interfere with the usage of this Site or other users' computer equipment, or create damage, disruption or restrict the functioning of any hardware, software, or telecommunications equipment;
try to have unauthorized access to this Site, any linked website, Content, accounts, computer system, or networks linked to this Site, via hacking, password mining, or any other ways; or
get or attempt to get any Content via any means not intentionally made available via this Site, including harvesting or otherwise collecting information about others like email addresses.
Accounts, Security, Passwords
When you register, you have to provide us with current, complete, and correct information as requested by the online registration form. It is your sole responsibility to maintain the completeness and correctness of your registration data, and any loss created by your failure to do so is your sole responsibility. You agree to immediately notify Offer2book of any unauthorized use of your account. Offer2book is not liable for any loss that you may sustain from someone else using your account, either with or without your knowledge.
Offer2book solely retains the right to modify, suspend, or terminate this Site and/or any aspect thereof, including any service or product available via the Site, and/or your profile, account password, or use of the Site, at any time for any reason whatsoever with or without notice to you. If termination occurs, you will still be bound by your obligations in pursuant this Agreement and any other terms, including the warranties made by you, and by the disclaimers and limitations of liability. Also, Offer2book shall not be liable to you or any third-party for any termination of your access to this Site.
Links to Other Websites and Services
This Site includes links to outside services and resources. Any concerns as regards such services or resources should be directed to the precise outside service or resource provider. The presence of a link to a third-party site doesn't constitute or suggest Offer2book’s endorsement or recommendation of the third-party, or of its content, products or services. If you choose to access any third-party site, you do so at your own risk.
User Comments, Feedback, and Other Submissions
Certain portions of the Site may permit you to submit, post, transmit or upload content created by you, such as photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social media networks (including Offer2book branded Facebook, Twitter, Instagram or similar channel) and discussion forums, and/or communications with other Site users ("User Submissions"). User Submissions also include content you post on your own social media pages that you give Offer2book permission to use; or example, by your posting of a hashtag that Offer2book is promoting or by any other indication of your acceptance of this Agreement.
You agree that you will not submit any User Submission that: (a) contains material that is copyrighted, protected by trade secret, or otherwise subject to any other proprietary rights (including, without limitation, trademark rights or privacy and publicity rights) unless you are the owner of such rights or have express permission from the owner to post such material; (b) contains any material that, infringes upon, violates, or misappropriates the rights of any person or entity, or violates any applicable laws; (c) is unlawful, defamatory, libellous, obscene threatening, pornographic, profane, harassing, indecent, violent, abusive, hateful, false, racially or ethnically offensive, supports conduct that would be deemed a criminal offense, leads rise to civil liability, violates any law, or is otherwise inappropriate; (d) includes advertisements or solicitations of any funds, products, or services; (e) is a communication by a user impersonating another user; (f) includes personal information, like messages which distinguish an individual’s names, telephone numbers, account numbers, social security numbers, and/or addresses; or (g) could be considered bulk unsolicited communications.
By submitting, uploading, transmitting, posting, modifying or otherwise providing any User Submission to Offer2book via the Site, social media, or otherwise, whether solicited or unsolicited, you agree that you are conferring on Offer2book a royalty-free, worldwide, fully paid, perpetual, non-exclusive, irrevocable, unrestricted, sub-licensable, transferable license to use, copy, broadcast, reproduce, publish, print, transmit, display, perform, make derivative works from, translate, modify, adapt, exhibit, distribute, disseminate and otherwise exploit (altogether, "Use") such User Submission for any purpose, including for advertising, marketing and promotional purposes, in any media, now or henceforth known, even if this Agreement is later modified or terminated.
You represent and warrant that the Use of the User Submission by Offer2book will not infringe upon, violate or misappropriate the intellectual property, publicity, privacy, statutory, contractual, personal or other rights of any person or entity, or violate any applicable law. You agree to obtain all necessary rights for the Use by Offer2book of User Submission, including written releases of all rights of privacy and publicity from all individuals included in any way in a User Submission.
Offer2book reserves the right to monitor, review, alter, edit, refuse to post, or remove any User Submission. You agree that Offer2book does not have any obligation to use or respond to any User Submission. Offer2book has no control over whether User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Offer2book expressly disclaims any and all responsibility for User Submissions..
You agree to defend and indemnify Offer2book and any Covered Parties that are involved in creating, promoting, sponsoring, or otherwise making available the Site and its Content from and against any claims, causes of action, losses, demands, recoveries, damages, penalties, fines, or other costs or expenses of any sorts (including reasonable legal and accounting fees) that result from any User Submission that you made or any Use of a User Submission by Offer2book.
Offer2book tries to publish and ensure correct prices and information for its services on the site. Travel Service Providers send us the price, availability and other information regarding these services. In the event that a service is listed or sent to us at an incorrect price or with incorrect information owing to typographical error or other error in pricing or service information from a Travel Service Providers, we have the right to refuse or cancel any Requests placed for such service, whether or not the order has been approved and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is cancelled because of incorrect hotel, or car provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
All bookings done on the Site is non-refundable, unchangeable and non-transferable. If a User places an offer to any hotel or car rental and the offer becomes accepted, the user cannot have a change of mind because the hotel secret price is no longer secret to such a user. Thus, all sales are final.
Travel Service Providers
You agree to abide by the terms of purchase enforced by any Travel Service Provider, whether that Travel Service Provider is selected by you or by Offer2book, including payment of all amounts when due and in compliance with the Travel Service Provider's rules and restrictions concerning availability and use of fares, goods, or services. You agree that any violation of any such Travel Service Provider's terms of purchase may lead to the cancellation of your reservation(s) or purchase(s), in your being denied access to any hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Offer2book debiting your account for any costs Offer2book sustains because of such violation. You shall be entirely responsible for all charges, taxes, fees, duties, and assessments resulting from the use of this Site.
You acknowledge that we will not be liable for any damage, injury, claim, loss, or any punitive, special, exemplary, consequential, indirect, or incidental damages of any sort, which results from or is in any way related to the performance or non-performance of any Travel Service Provider. In the event of non-performance resulting from bankruptcy, insolvency, dissolution, liquidation or reorganization of a Travel Service Provider, you accept that your sole recourse shall be toward such Travel Service Provider and not toward us.
Disclaimer of Warranties
All content contained within or available via this Site are provided to you on an "as is," basis. Offer2book makes no representations or warranties of any sort, either express or implied, as to the operation of this Site or the information, content or materials contained on this Site. To the highest extent allowable, Offer2book disclaims all representations and warranties, including the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Offer2book does not warrant or make any form of representations that this Site will operate uninterrupted or error-free, that defects will be fixed, or that this Site and/or its servers will be free of viruses and/or other harmful components. Offer2book does not warrant or make any form of representations about suitability, accuracy, availability, reliability, completeness, or timeliness of any material of any sort included within this Site for any purpose, including software, goods, services, information, text and associated graphics content.
Without restricting the foregoing, no warranty or guarantee is made (i) on the acceptance of any request, (ii) that a user will get the lowest available price for goods and/or services available via this Site, (iii) on the availability of products and/or services via this Site or, where applicable, at any participating retailer or retailer location, or (iv) on the results that may be attained from the use of this Site.
Limitation of Liability
To the extent permitted by relevant law, in no event shall Offer2book, including its respective officers, employees, directors, representatives, parents, subsidiaries, affiliates, suppliers, distributors, agents, licensors, or others involved in creating, promoting, sponsoring, or otherwise making available the Site and its contents (altogether the "Covered Parties"), be liable to any person or entity for any direct, indirect, compensatory, punitive, incidental, special, exemplary, or consequential damages or any damages , including: (i) loss of goodwill and/or profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies on the Site or any information, software, goods, services, and associated graphics obtained via the Site; (vi) any transactions entered into via this Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Site or any Site to which it provides hyperlinks; or (viii) damages otherwise resulting from the use of the Site, any delay or inability to use the Site, or any information, goods, or services obtained via the Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, negligence, tort, strict liability or otherwise, even if a Covered Party has been advised of the possibility of such damages.
The travel service providers are independent contractors and not employees or agents of the Covered Parties. To the extent authorized by law, the Covered Parties do not take on any liability or for any injury, death, damage, accident, loss or delay owing to an act or omission of a Travel Service Provider and do not accept responsibility for any damage and/or delay owing to sickness, pilferage, bankruptcy, labour disputes, machinery breakdown, quarantine, weather, government restraints, terrorism or causes beyond the Covered Parties' control.
No Covered Party shall be responsible for any Travel Service Provider's violation of warranty, nor for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available via this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to abide by = this Agreement or with applicable federal, state, provincial and local law.
To the extent not prohibited by relevant law, if, despite the above, a Covered Party is found liable for any loss or damage regarding the use of this Site, user agrees the liability of any such party shall in no event exceed the total charge to the user assessed by Offer2book for making a Request.
You agree to defend and indemnify Offer2book and the Covered Parties from and against all claims, demands, causes of action, recoveries, damages, losses, penalties, fines or other costs or expenses of any sort including to reasonable legal and accounting fees, brought (i) by you in excess of the liability specified above; or (ii) by third parties as a result of:
your violation of this Agreement; or
your breach of any law or the rights of a third party.
Disputes and Arbitration
If any aspect of this Agreement is determined to be unenforceable or invalid, such aspect shall nevertheless be enforced to the highest extent permitted by relevant law, and such determination shall not affect the enforceability and validity of any other remaining provisions.