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TERMS OF USE
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Thank you for visiting the 1BSF website, www.1bsf.com. These Terms of Use apply to your access to and use of this website (the “Site”), and all related products, services and content. This is a legal agreement between you and 1BSF, and should be read carefully by accessing the Site. You are indicating your acceptance of these terms of use.
You agree that any dispute with respect to these terms of use or the Site will be resolved in Toronto, Ontario, Canada, regardless of your residence or place of business.
1BSF may at any time modify (a) the Site, including eliminating or discontinuing any content on or feature of the Site, (b) any fees or charges for use of the Site, and (c) these Terms of Use. Your continued use of the Site will be conditioned upon the Terms of Use in force at the time of your use.
1. SYSTEM ERROR
In case of a system error regarding pricing of any services and products from 1BSF website, 1BSF withholds the right NOT to sell anything at the erroneous price. Once a system error has been identified, 1BSF will notify you of the right price. At the same time, 1BSF will NOT require you to purchase the erroneous item at the amended price.
2. THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on the Site are provided by third parties (the "Service Providers"), including, but not limited to the marketers, retailers, air carriers, tour operators and other suppliers providing services and products on the Site . In addition, certain software and data found on the Site are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
3. RELATIONSHIP
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and 1BSF as a result of your use of our services, including the Site. In our role as a provider of the Site and services, 1BSF acts as an independent contractor. 1BSF assists you in finding suppliers that meet your individual needs. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending items, we may consider a number of factors, including supplier availability, your preferences and any agreements. The relationships we have with suppliers may also influence the suppliers we identify and the items we recommend.
4. USE OF THE SITE
You may only use the Site to act legally, make legitimate reservations or purchases and shall not use the Site for any other purposes, including making any speculative, false or fraudulent actions. You may not use the Site in violation of, or to violate, any law, rule or regulation.
You acknowledge and agree that you will not use, nor will you permit any use of, the Site in conjunction with any of your activities or business by anyone that resides, stay or is accessing the Site from a country prohibited under Canada and U.S. export and/or the Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Site in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless 1BSF and the Service Providers for any breach of this "Use of the Site" section.
5. TERMS OF PURCHASE
Separate terms and conditions dictated by the applicable Service Provider will apply additionally to your reservation and purchase of products and services on the Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Service Provider's policies, rules and restrictions regarding availability and use of prices, products and services. You understand that any violation of any such Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, and (c) debiting your account for any costs 1BSF incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Site.
6. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to supervise all use of the Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Site is true and correct. You understand that you are responsible for all uses of the Site by you and those using your name or account. We retain the right to deny access to anyone to the Site, at any time and for any reason, including without limitation for violation of these Terms of Use.
7. NO WARRANTIES
Your use of the Site, and all materials and services provided on the Site, are at your sole risk. The Site, and all materials and services provided on the Site, are provided on an "as is" and "as available" basis.
8. DISCLAIMER REGARDING SERVICE PROVIDERS
The service providers are independent contractors and not employees or agents of 1BSF. 1BSF acts solely as a sales agent for the service providers and is not liable for the acts, errors, omissions, representations, warranties or negligence of any such service providers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. 1BSF shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majeure event or other cause beyond its direct control, and 1BSF has no responsibility for any additional expense, delays, acts or omissions of any governmental authority. The fact that 1BSF includes or offers any product or service on the Site does not mean 1BSF is endorsing or recommending such product or service.
9. LIMITATION OF LIABILITY
1BSF and the service providers assume 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 Site or the downloads of any materials, data, text, images, video or audio by the user from the Site. In no event shall 1BSF or any service provider 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 (a) any use of the Site or content found herein, (b) any failure or delay (including, but not limited to the use of or inability to use any component of the Site for reservations, ticketing or shopping), or (c) the performance or non-performance by 1BSF or any service provider, even if such party has been advised of the possibility of damages to such parties or any other party. Some states and provinces do not allow limitation of liability, so the foregoing limitation may not apply to you.
If, notwithstanding the foregoing, 1BSF or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Site or its content, the liability of each of 1BSF and Service Providers shall in no event exceed, in the aggregate, the greater of the transaction fees assessed for your transactions on the Site. In its sole discretion, in addition to any other rights or remedies available to 1BSF and without any liability whatsoever, 1BSF at any time and without notice may terminate or restrict your access to any component of the Site.
10. TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing 1BSF with any personal information through the Site for the purpose of registering on the Site, or reserving or purchasing products or services, you consent to 1BSF sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Policy.
11. INDEMNIFICATION
You shall defend and indemnify 1BSF and any Service Providers and their respective parents, subsidiaries, affiliates, and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by a third party as a result of your use of the Site.
12. COPYRIGHTS/TRADEMARKS
The trademarks, logos and service marks ("Marks"), displayed on the Site are the property of 1BSF and the Service Providers. All information and content including any software programs available on or through the Site ("Content") is protected by copyright.
13. GENERAL
These Terms of Use will be governed by and construed in accordance with the Laws of the Province of Ontario, without regard to conflict of law provisions. If any provision of these Terms of Use is held or deemed invalid, unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
You agree that any dispute with respect to these terms of use or the Site will be resolved in Toronto, Ontario, Canada, regardless of your residence or place of business.
1BSF may at any time modify (a) the Site, including eliminating or discontinuing any content on or feature of the Site, (b) any fees or charges for use of the Site, and (c) these Terms of Use. Your continued use of the Site will be conditioned upon the Terms of Use in force at the time of your use.
1. SYSTEM ERROR
In case of a system error regarding pricing of any services and products from 1BSF website, 1BSF withholds the right NOT to sell anything at the erroneous price. Once a system error has been identified, 1BSF will notify you of the right price. At the same time, 1BSF will NOT require you to purchase the erroneous item at the amended price.
2. THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on the Site are provided by third parties (the "Service Providers"), including, but not limited to the marketers, retailers, air carriers, tour operators and other suppliers providing services and products on the Site . In addition, certain software and data found on the Site are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
3. RELATIONSHIP
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and 1BSF as a result of your use of our services, including the Site. In our role as a provider of the Site and services, 1BSF acts as an independent contractor. 1BSF assists you in finding suppliers that meet your individual needs. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending items, we may consider a number of factors, including supplier availability, your preferences and any agreements. The relationships we have with suppliers may also influence the suppliers we identify and the items we recommend.
4. USE OF THE SITE
You may only use the Site to act legally, make legitimate reservations or purchases and shall not use the Site for any other purposes, including making any speculative, false or fraudulent actions. You may not use the Site in violation of, or to violate, any law, rule or regulation.
You acknowledge and agree that you will not use, nor will you permit any use of, the Site in conjunction with any of your activities or business by anyone that resides, stay or is accessing the Site from a country prohibited under Canada and U.S. export and/or the Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Site in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless 1BSF and the Service Providers for any breach of this "Use of the Site" section.
5. TERMS OF PURCHASE
Separate terms and conditions dictated by the applicable Service Provider will apply additionally to your reservation and purchase of products and services on the Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Service Provider's policies, rules and restrictions regarding availability and use of prices, products and services. You understand that any violation of any such Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, and (c) debiting your account for any costs 1BSF incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Site.
6. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to supervise all use of the Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Site is true and correct. You understand that you are responsible for all uses of the Site by you and those using your name or account. We retain the right to deny access to anyone to the Site, at any time and for any reason, including without limitation for violation of these Terms of Use.
7. NO WARRANTIES
Your use of the Site, and all materials and services provided on the Site, are at your sole risk. The Site, and all materials and services provided on the Site, are provided on an "as is" and "as available" basis.
8. DISCLAIMER REGARDING SERVICE PROVIDERS
The service providers are independent contractors and not employees or agents of 1BSF. 1BSF acts solely as a sales agent for the service providers and is not liable for the acts, errors, omissions, representations, warranties or negligence of any such service providers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. 1BSF shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majeure event or other cause beyond its direct control, and 1BSF has no responsibility for any additional expense, delays, acts or omissions of any governmental authority. The fact that 1BSF includes or offers any product or service on the Site does not mean 1BSF is endorsing or recommending such product or service.
9. LIMITATION OF LIABILITY
1BSF and the service providers assume 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 Site or the downloads of any materials, data, text, images, video or audio by the user from the Site. In no event shall 1BSF or any service provider 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 (a) any use of the Site or content found herein, (b) any failure or delay (including, but not limited to the use of or inability to use any component of the Site for reservations, ticketing or shopping), or (c) the performance or non-performance by 1BSF or any service provider, even if such party has been advised of the possibility of damages to such parties or any other party. Some states and provinces do not allow limitation of liability, so the foregoing limitation may not apply to you.
If, notwithstanding the foregoing, 1BSF or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Site or its content, the liability of each of 1BSF and Service Providers shall in no event exceed, in the aggregate, the greater of the transaction fees assessed for your transactions on the Site. In its sole discretion, in addition to any other rights or remedies available to 1BSF and without any liability whatsoever, 1BSF at any time and without notice may terminate or restrict your access to any component of the Site.
10. TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing 1BSF with any personal information through the Site for the purpose of registering on the Site, or reserving or purchasing products or services, you consent to 1BSF sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Policy.
11. INDEMNIFICATION
You shall defend and indemnify 1BSF and any Service Providers and their respective parents, subsidiaries, affiliates, and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by a third party as a result of your use of the Site.
12. COPYRIGHTS/TRADEMARKS
The trademarks, logos and service marks ("Marks"), displayed on the Site are the property of 1BSF and the Service Providers. All information and content including any software programs available on or through the Site ("Content") is protected by copyright.
13. GENERAL
These Terms of Use will be governed by and construed in accordance with the Laws of the Province of Ontario, without regard to conflict of law provisions. If any provision of these Terms of Use is held or deemed invalid, unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: Thu. March 18 2021.
