Welcome to the user agreement (the "Agreement" or "User Agreement") for BACR Search (the "Company"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain of bacrsearchbookings.com (the "Website"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Your use of the Website constitutes your assent to these Terms. No conditions other than those set forth herein shall be binding on the Company. unless specifically agreed to in writing by the Company. If you do not agree with any part of this Agreement, please do not use the Website.
The Company may amend this Agreement at any time by posting the amended terms on the Website. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Website. This Agreement may not be otherwise amended except in a writing signed by you and InstEvent dba BACR Search.
Description of Service
The Company provides services (the "Service") via the Website to assist individuals planning events ("User" or "you") in searching for, identifying, reviewing and securing orders and reservations with participating third party event-related suppliers and service providers, including, without limitation, venues, caterers and entertainment providers that are listed on the Website ("Suppliers"). The Website acts as a venue to allow the Suppliers to sell their services at any posted rate. The Company is not a party to the actual transaction between User and Supplier. As a result, the Company has no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of Suppliers to sell items or provide services or the ability of Users to pay for such items or services. The Company does not ensure that a User or Supplier will actually complete a transaction and the Company shall not be liable for the failure to fulfill any obligation owed by User or Supplier to the other party.
Ability to Accept the User Agreement
Our Service is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 21). You represent and affirm that you are more than 21 years of age and that you do, and will, comply with these Terms and Conditions. If you are under the age of 21, you cannot use this service. If you do not qualify, please do not use our Website.
Proprietary Rights
As between you and the Company, you acknowledge that the Company and its licensors own all right, title and interest, including without limitation all patent, copyright, trade secret, trademark and other proprietary rights, in and to the Website and the Service, all software and other technology used by the Company in providing the Website and the Service, and all data and information provided by the Company through or generated in connection with the Website and the Service (collectively, "Company IP"). You shall not acquire any right, title, or interest in or to the Website, the Service or Company IP, except as expressly set forth in these Terms. Except as expressly provided for in this Section 3, you are not granted any other rights, title or interest in the Website, the Service or Company IP. In addition, the trademarks, logos and service marks displayed on the Website (collectively, the "Trademarks") are registered and common law Trademarks of the Company, its affiliates, and various third parties. Nothing contained on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the express written permission of the Company, or such other party that may own the applicable Trademarks.
Registration and Account
In order to access some features of the Website, you will have to create an account (“BACR Search Bookings Account”). You may never use anothers account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of the Company or others due to such unauthorized use. The Company will not be liable for your losses caused by any unauthorized use of your account.
Use of Website
You agree that you will only use the Website to make legitimate reservations and orders and shall not use the Website for any other purposes. You agree to only use the Website for: (1) your personal use or (2) for the purpose of making reservations or orders for an individual event or events on behalf of a person, business, company or governmental or non-profit entity by which you are employed or contracted for the purpose of planning such event(s) and for no other commercial purpose. In the event you make a reservation or place an order on behalf of another person or entity, you represent and warrant that you are authorized by that person or entity to do so. Any and all other uses, including any uses which are unlawful or in violation of these Terms and Conditions, are prohibited.
Restricted Usage Activities
By using the Website you agree that you will not:
1 - Book a reservation or place an order for the same date, time and event with more than one Supplier for the same service;
>Make speculative, false or fraudulent reservations or orders or any reservation or order in anticipation of demand or, except specifically authorized by the applicable Supplier, for purposes of re-selling the reservation;
2 - Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3 - You will not copy, distribute, sell or modify any part of the Website without BACR Search’s prior written authorization;
4 - Use or launch any automated system, software or device, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website without our express written permission;
5 -Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6 -Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
7 - Upload, post, display, transmit or otherwise make available any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
8 - Post or transmit any information or content that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition; or
9 - Disguise the origin of any content transmitted through the Website.
Failure to comply with these terms may result in the cancellation of your reservation or order and/or, subject to the terms of the Supplier"s applicable policies, forfeiture of your deposit.
Fees & Services
You authorize BACR Search to enable its third party service providers below to charge your credit card for the amount of any deposit or reservation fee (the "Deposit") required to be charged by the applicable Supplier as notified to you at the time you make your reservation. BACR Search will transmit the Deposit directly to the Supplier less the non-refundable applicable transaction service fee (the "Service Fee"), which depending on the product you use, the third party service provider either shall pay directly to, or which shall be retained by BACR Search, once you authorize your credit card payment for the reservation. In addition, you will be responsible for all charges, fees, duties, taxes and assessments arising out of any booking or reservation you make through the Website with any Supplier.
Payment Services
The Company uses third party service providers for payment services (e.g. card acceptance, merchant settlement, and related services) including Stripe, Inc. and Braintree Payment Solutions, LLC. By making use of some or all of these payment services on the Company’s website you agree to be bound by the applicable company’s terms and conditions (Braintree Payment Solutions, LLC's terms and conditions (available at https://www.braintreepayments.com/landing/gateway-terms-of-service along with its privacy policy https://www.braintreepayments.com/privacy; and Stripe, Inc.’s terms and conditions and privacy policy are available at https://stripe.com/us/terms) and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s) to the extent required to provide the Payment Services to you. Braintree Payment Solutions, LLC may also be contacted directly for payments support either by email at support@braintreepayments.com or by phone at +1 (877) 434-2894. Stripe, Inc. may be contacted for payments support through their support portal at https://support.stripe.com/
Refunds
It is the responsibility of the Supplier to communicate its refund policy to Users and to issue refunds to Users via the Site or offline. If a User desires to request a refund, User must request the refund from the Supplier. All communications or disputes regarding refunds are between the Supplier and User and The Company will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Supplier and User and The Company will not be responsible or liable in any way for chargebacks in connection with a User’s use of the Services. If you are a User and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Supplier directly. The Service Fee is non-refundable.
Cancellation
If you are unable to keep an order or reservation that you make through the Website, you must cancel your order or reservation in accordance with the applicable Supplier’s cancellation policy. Unless otherwise specified at the time you make the reservation for such Supplier, the Supplier’s cancellation policy is 7 days prior to the reservation. In the event you cancel your order or reservation in accordance with the applicable Supplier’s cancellation policy, your Deposit will be refunded to you, minus the non-refundable Service Fee., provided however that in this case, the Company in its sole discretion may permit you to apply the amount of the non-refundable Service Fee as a credit toward a future booking if made in the subsequent Sixty (60) days. In the event you cancel your order or reservation in violation of the applicable Supplier’s cancellation policy, your Deposit will be non-refundable.
User Submissions
At BACR Search’s invitation, you may submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Suppliers, other Users and other third parties (each, a "Submission").
Ownership
By submitting, posting or displaying content on or through the Website, you grant the Company a worldwide, perpetual, non-exclusive, royalty-free and fully sub-licensable license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such content on services of the Company, Suppliers and Company affiliates and/or third party providers and distributors, including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of the content. The Company reserves the right to syndicate content submitted, posted or displayed by you on or through the Website and use that content in connection with any of the services offered by the Company.
Restricted User Submissions
You will not:
1 - Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant the Company all of the license rights granted herein;
2 - Publish falsehoods or misrepresentations that could damage the Company or any third party; or
3 - Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Monitoring of User Submissions
The Company has the right (but not the obligation) to from time to time monitor and review any information transmitted or received through the Website and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information the Company deems inappropriate or in violation of these Terms.
Liability
The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions.
Links to Other Sites
The Website may contain links to websites operated by parties other than the Company and which are provided solely as a convenience to you and not as an endorsement by the Company. The Company is not responsible for the content of any other web sites. If you decide to access other web sites, you do so at your own risk.
Breach
Without limiting other remedies, the Company may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) the Company is unable to verify or authenticate any information you provide to us; or (c) the Company believes that your actions may cause financial loss or legal liability for you, our users or us.
Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without the Company’s prior written consent. The Company reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
Privacy
Personal information you provide to the Company through the Website is governed by the Company’s Privacy Policy, the terms of which are incorporated herein. You agree that you have read the Privacy Policy and agree that its terms are reasonable. You consent to the use of your personal information by the Company, Suppliers and/or the Company’s third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.
Exclusion of Warranty
THE COMPANY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, CONTENT, INFORMATION, PROGRAMS, PRODUCTS AND MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liability
THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR ORDERS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE COMPANY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICE, THE WEBSITE OR WEBSITE CONTENT. THE COMPANY IS NEITHER AN AGENT NOR IS AFFILIATED WITH ANY SUPPLIER WITH WHICH A USER MAKES A RESERVATION OR PLACES AN ORDER. ASIDE FROM THE SERVICE PROVIDED ON THE WEBSITE, THE COMPANY IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER"S USE OF A SUPPLIER. If, notwithstanding the foregoing, the Company or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Website or its content, the liability of the Company and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the Supplier Reservation Fee for reserving a Supplier, or (b) US $100.00 whichever is lower. In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys" fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Disputes
These Terms and Conditions shall be governed by the laws of the state of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Manhattan, the state of New York, United States of America, in all questions and controversies arising out of your use of the Website and these Terms and Conditions. If the Company takes any action to enforce these Terms and Conditions, the Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, to which such parties may be entitled. You acknowledge that a violation or attempted violation of these Terms and Conditions will cause irreparable damage to the Company for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled to an injunction restraining such violation or attempted violation of these Terms and Conditions by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including without limitation reasonable attorneys" fees. You agree that no bond or other security shall be required in connection with such injunction.
General
Your acceptance of these Terms and Conditions and your use of the Website do not create a joint venture, partnership, employment, or agency relationship with the Company. You may not assign, delegate, or transfer your rights or obligations under these Terms and Conditions; however the Company may assign, delegate or transfer its rights hereunder without your consent, including, but not limited to, an assignment in connection with a sale or other change of control of the Company. If the Company fails to act with respect to your breach or anyone else's breach on any occasion, the Company is not waiving its right to act with respect to future or similar breaches. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings in these Terms and Conditions are for your convenience and reference; they do not limit or affect the interpretation of these Terms and Conditions. These Terms and Conditions, together with those items made a part of these Terms and Conditions and incorporated by reference, make up the entire agreement between you and the Company relating to your use of the Website, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Website.
Contact
If you have any questions on these Terms and Conditions you can contact BACR Search by mail, e-mail or phone.
1 - By Mail: 123 some street, some city, state FL
2 - By E-mail: info@bacrsearchbookings.com
3 - By Phone: 1-123-456-789
(c) 2018 Stayker 