Terms of Service

BOOKBETTERDIRECT TERMS OF USE

Last updated 20 July 2021 – see also our privacy policy

These Terms of Use (“ Terms ”) constitute a legally binding agreement between you and BookBetterDirect (“ BBD ”, “ the Company ”, “ us ”, “ we ” and “ our ”). These Terms of Use together with our Privacy Policy available at https://bookbetterdirect.com/privacy-policy/ (“ Privacy Policy ”) and Guidelines, collectively the (“ Agreement ”) govern your use of our site (“ Website ”), the desktop and mobile browser add-on extensions (each, a “ Extension ”) and apps (each, a “ App ”) and the web service API (the “ API ” and together with BBD Extensions and BBD Apps, the “Product ”) as well as our online forums and community platforms (“ Platform ” and together with the Products, the “Services ”).

INTRODUCTION

• By downloading, installing, accessing or using the BBD Services you hereby agree to be bound by this Agreement. If you do not agree, do not install or use any BBD Product or access the Platform or Website. By accessing or using the Product, you hereby agree to abide by this Agreement and the Privacy Policies, incorporated herein by reference (collectively the “Agreement“). If you do not agree to abide by this Agreement, please do not access or use the Product or Service.
• If you are accessing the BBD Services and/or installing and using the BBD Website and/or API and/or the BBD Extension and/or the BBD App on behalf of your employer, you represent and warrant that you have the authority to bind your employer to these Terms, which are deemed an agreement between your employer and BBD. We reserve the right, at our discretion, to revise or update this Agreement at any time. Any material change will be effective five (5) days following posting the revised terms on the applicable website or by sending a notification through the Product. The last revision will be reflected in the “Last modified” heading. Your continued use of the Product thereafter means you consent to such changes and you agree to be bound by them. Please make sure to review our Terms and the Privacy Policy periodically.
• You represent and warrant that you are at least 13 years of age and of legal competence to enter into this Agreement. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand.

SCOPE OF SERVICE

The BBD Services enables you to join the BookBetterDirect movement. As a traveller we assist you to easily find direct booking advantages and direct booking links. As an accommodation we assist you to actively promote direct booking advantages. The BBD Services will help travellers to make informed decisions while browsing the web.

GRANT OF LICENSE

Subject to the terms herein, we hereby grant you a personal, limited, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable license (“License“) to download, install and use the Product and Service on your personal device that you own or control. We reserve all right, title and interest not expressly granted herein under this License to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the License granted to you under the Agreement, and any attempt to sublicense, assign, or transfer any part of your rights under the Agreement is void.
You may not attempt to access the Service or Product by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Service or Product. You agree not to disrupt, disable, overburden, damage, modify or interfere with the Service, the Product or otherwise impair or degrade its performance in any way. You agree not to impede or interfere with others’ use of the Service or the Product. You further agree not to alter or tamper with any information or materials on or associated with the Service or the Product.
You agree that you and/or any third party on your behalf shall not: (i) sublicense, redistribute, sell, lease, lend or rent the Product; (ii) make the Product available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Product; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Product or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Product or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Product; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Product; (vii) use the communications systems provided by the Product to send unauthorized or unsolicited commercial communications; (viii) use our name, logo or trademarks without our prior written consent; or (ix) use the Product to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. ANY USE OF THE SERVICES OR PRODUCT NOT SPECIFICALLY PERMITTED UNDER THESE TERMS ARE STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.

USER-GENERATED CONTENT

In providing the Services, we do not recommend any single website or web service. The website ratings provided in connection with the Services may not be accurate as they are based on subjective evaluations by the users as detailed herein. We make no representations or warranties about the suitability, reliability, and accuracy of such ratings. The user-generated content ( “UGC” ), refers to a wide variety of media content that is produced, submitted and uploaded by you and/or our other users to the Platform and Website, as opposed to content created by us. The UGC shall include, without limitation, comments, posts, opinions and feedback provided, written and submitted by you and any other users of the BBD community which enable us to process the rating regarding the safety of specific sites. You hereby undertake and agree that the UGC uploaded by you shall not violate any applicable law, including but not limited to, content that contains defamatory material, content that infringes third party intellectual property rights, content that infringes the right to privacy, content with racist or hate speech or content that infringes any other third party’s rights. You may not submit any UGC that: is misleading or that is part of a scam; is age-restricted or content that contains nudity or other sexual materials; is shared for sadistic effect or to encourage violence or dangerous activity; encourages the use of drugs, is related to alcohol consumption, dating or other mature content (including advertisements); is disrespectful towards someone, or humiliates, harasses, bullies or hurts someone; includes unauthorized commercial communications (such as spam); includes personal information about you or any third party; contains viruses or other malicious code; or facilitates or encourages any violations of this Agreement. In addition, you may not use the UGC to impact our rating or services and/or to mislead users.
By submitting, posting, or displaying UGC through the BBD Services, you give BBD the right to view, use, publicize, display, distribute and share such UGC as a part of the BBD Services. We do not control, monitor, or have any detailed knowledge of the UGC and other information presented and received through the use of the BBD Services. Therefore, you may be exposed to information that is erroneous, indecent or otherwise objectionable. BBD is not and shall not be liable for UGC and other information spread or delivered through or in connection with the BBD Services. You agree that you shall bear all risks associated with the use of such information.
If we believe, in our sole discretion, or we discover, that the UGC provided, displayed and published by you violates the foregoing terms, we will have the sole and absolute right to remove, delete and ban such content or information, and we may also remove your account from our Platform. You acknowledge that we have no responsibility or liability to monitor the UGC.

PURCHASES

The BBD Services, other than the premium version of the BBD Website, the premium version of the BBD Extension and the (future) BBD API collectively (“ Premium Packages ”), are currently provided free of charge for your personal use.
If you choose to purchase a license to the Premium Packages for your personal or business use, you will need to provide payment information in order to complete the transaction. We use the tools and services provided by Stripe or Paypal to process transactions on our behalf. Stripe’s & Paypal privacy policy are available on their websites. You agree to review and be bound by such terms and privacy policy in the event you make any payment with respect to the Services. BBD will notify you in accordance with the notification terms under these Terms in the event different or additional payment processing providers are used by BBD to process payments for any BBD Services.
The license fees for the Premium Packages are charged on a monthly basis, such that you will have access for one (1) month following the date of each payment of such fees. All payments are non-refundable. Once you purchase access to the Premium Package, your monthly license will renew automatically and your selected payment method will be charged the applicable fees, unless you cancel your license using the BBD dashboard, in which case you will lose access to the Premium Packages, as applicable, at the end of the applicable month. Please note that regardless of the payment method used to purchase your Premium Package, we do not see or receive your full payment information at any point, as payments for our Premium Plans are fully processed by the third-parties listed above.

BBD reserves the right to adjust the fees for each of the Premium Packages products at any time and/or to begin charging fees for any other BBD Services. If you have already purchased access to any BBD Services, any such change will be effective upon the later of: (a) ten (10) days following posting a notice regarding the updated fees on the applicable website or sending notice by email or through the BBD Services; and (b) the effective date of such change specified in any such notice. If you choose not to cancel your access to the applicable BBD Services prior to the effective date of the change, you will be charged the updated fee at the billing cycle immediately following such effective date.

ADDITIONAL OBLIGATIONS AND RESTRICTIONS

You hereby acknowledge and agree that any and all information provided by you, either during Registration (if applicable and as defined and specified in our Privacy Policy or within the Services (i.e., the UGC) is accurate and up to date. The Services or the UGC may not be used in any way which is harmful or otherwise offensive which will harm BBD’s reputation or other users of the BBD Services and Services, or any third parties thereof. BBD reserves the right to deny access to anyone to the BBD Services and Services at any time and for any reason, including, but not limited to, for violation of this Agreement.

PRIVACY

We are committed to the protection of the privacy of our users, and therefore we collect, use and store user data solely for the purposes, and in accordance with the terms, set forth in our Privacy Policy.

INTELLECTUAL PROPERTY

All patents, trademarks, service marks, product names, and trade names of the Company appearing on or through the Service or the Product are exclusively owned by the Company. All other trademarks, service marks, product names, copyrights and logos appearing on or through the Service or Product are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent. The Company is the exclusive owner of the Product and any software component or technology incorporated therein. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All content included in the Product and the Service is the property of the Company or its respective licensors or content suppliers and is protected by United States and international copyright laws.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE BBD SERVICES AND UGC, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE BBD SERVICESAND UGC ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BBD BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, OR FOR DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE BBD SERVICES OR UGC, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE BBD SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE BBD SERVICES AND DISABLE THE BBD PRODUCT(S) AND, IF APPLICABLE, CANCEL YOUR LICENSE TO THE BBD API AND/OR BBD EXTENSION PREMIUM PACKAGE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BBD, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS AND LICENSORS ARISING OUT OF YOUR USE OF THE BBD SERVICES, THE SERVICES OR UGC.
The Company of this website assumes no warranty for the permanent availability of the offer. Reasons for a non-pollutability of the offer may be: overload of the telephone network, disturbances in the Internet, maintenance work on the server, conversion of the software and so on. The Company continues to assume no liability for damage or consequential damage caused directly or indirectly by the server. Liability and claims for damages are limited to the amount of the order value. THE COMPANY ASSUMES NO LIABILITY FOR THE ACCURACY AND COMPLETENESS OF THE PUBLISHED OFFERS. NO LIABILITY WILL BE ACCEPTED FOR DAMAGES OF ANY KIND IN CONNECTION WITH AGREEMENTS, BOOKINGS OR OTHER CONTRACTUAL RELATIONSHIPS RESULTING FROM THE PUBLICATION. The Company has no influence on “foreign content” and does not endorse these contents. The Company has no knowledge of illegal or offensive content on the linked pages of third party providers. If unlawful or offensive content is contained on the linked pages of third-party providers, the Company expressly dissociates himself from this content.

INDEMNIFICATION

You agree to indemnify and hold BBD and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the BBD Services or the UGC, or to any matter governed by this Agreement. You are solely responsible for your actions when using the BBD Services and UGC.

SUPPORT, UPDATES AND UPGRADES

The availability and functionality of the BBD Services depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. BBD does not warrant that the BBD Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from unauthorized access. We reserve the right to add additional features to the BBD Services or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of the BBD Services. Additionally, we shall have no obligation to provide support or maintenance for the BBD Services under this Agreement. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for all or some BBD Products. In order to enhance and further develop the BBD Services we may automatically download and install updates and upgrades from time to time. These updates and upgrades are designed solely to improve the BBD Services, provide enhanced functionalities or embed new modules and versions. To the extent provided by BBD, you hereby agree to receive such updates and upgrades as part of your use of the BBD Services. In the event we believe that such updates or upgrades shall materially affect your use of the BBD Services or Services, we will use our reasonable efforts to notify you.

TERMINATION AND SERVICE INTERRUPTIONS

At any time, you may stop to use the BBD Services by uninstalling or disabling the BBD Product(s) through your browser’s settings or ceasing to access the Platform and, if applicable, cancelling your access to the BBD Premium Packages using the BBD dashboard. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the BBD Services; or (ii) terminate this Agreement and your use of the BBD Services with or without cause, and shall not be liable to you or any third party for any of the foregoing. BBD does not assume any responsibility with respect to, or in connection with, the termination of the BBD Services or this Agreement. If your access to the BBD API is terminated or suspended with or without cause, you will not incur further license fees unless your access is reactivated. This Agreement will automatically terminate if you fail to comply with this Agreement and the BBD Guidelines. Upon any termination, you agree to stop using the BBD Services and uninstall the all BBD Products.
The following Sections will survive termination of these Terms and/or the Agreement and/or your use of the BBD Services: Proprietary Rights and Restrictions; User-Generated Content; Disclaimer of Warranties and Limitation of Liability; Indemnification; Termination; Amendments; Governing Law; and Entire Agreement, Severability, Agency, Assignment and Header.

You acknowledge that: (i) your access to and use of the BBD Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Product or Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall be entitled, without any liability to you, to suspend access to any portion or all of the Product or Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Product or Services; or (b) in the event that we determine that the Product or the Services are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Services Interruptions“).
The availability and functionality of the Product and Services depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. The Company does not warrant that the Product or Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the Product and Services or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of the Product or Services.

GOVERNING LAW

This Terms of Use shall be governed by the laws of the registered offices which can be either the Federal Republic of Austria or laws of the United Kingdom. If you have no place of jurisdiction in Austria or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms of Use take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices.
For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
Any cause of action you might have relating to the Service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.

ENTIRE AGREEMENT, SEVERABILITY, AGENCY, ASSIGNMENT AND HEADERS

This Agreement constitutes the entire agreement between you and the Company, and supersedes any prior agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein. The Company expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. The Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

AMENDMENTS

BBD reserves the right, with or without notice to you, to amend, modify, update or make changes to this Agreement in its sole discretion. Continued use or access to the BBD Services, or any part thereof, constitutes your acceptance of such changes. The date of the last amendments shall be reflected in the “Last Modified” heading in these Terms.

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