These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.bookmylimo.com (the “Website”) and the Service and (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website and the Service.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR SERVICE.
Your contracting partner is Bookmylimo SPRL, a private limited liability company established in Belgium, having its offices at Rue aux Fleurs 45C, 1380 Ohain, Belgium, registered at the «Banque carrefour d’entreprises» under number 0503.793.551 (“Bookmylimo”).
Bookmylimo offers information and a means to obtain transportation services offered by third party transportation providers, drivers or vehicle operators (the “Transportation Provider”). These services can be obtained by means of your use of the website (“the Site”). All services provided by Bookmylimo to you by means of your use of the website are hereafter referred to as the “Service”.
HOW IS A CONTRACT CONCLUDED BETWEEN BOOKMYLIMO AND YOU?
By using the Service, you enter into a contract with Bookmylimo (the “Contract”). In order to be able to use the Site or Service, you first need to sign up with Bookmylimo. When signing up, you are obligated to provide Bookmylimo with your personal information and mobile telephone number. Upon successful completion of your signing up with Bookmylimo, Bookmylimo will provide you with a personal account, accessible for you with a password of your choice.
You have to be 18 years of age or older to use the Service. If you esider in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that ifyou are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to,these User Terms and register for the Service.
HOW TO USE THE SITE AND THE SERVICE
The Site allows you to send a request for transportation service to a Transportation Provider. The Transportation Provider has sole and complete discretion to accept or reject each request for transportation service. If the Transportation Provider accepts a request, Bookmylimo notifies you and provides information regarding the Transportation Provider and the ability to contact the Transportation Provider by telephone.
Bookmylimo shall procure reasonable efforts to bring you into contact with a Transportation Provider in order to obtain transportation service, subject to the availability of Transportation Providers at the moment of your request for transportation services.
For the avoidance of doubt: Bookmylimo itself does not provide transportation services, and Bookmylimo is not a transportation carrier. It is up to the Transportation Provider to offer transportation services, which may be requested through the use of the website and/or the Service. Bookmylimo only acts as intermediary between you and the Transportation Provider. The provision of the transportation services by the Transportation Provider to you is therefore subject to the agreement (to be) entered into between you and the Transportation Provider. Bookmylimoshall never be a party to such agreement.
YOUR USE OF THE SERVICE
You warrant that the information you provide to Bookmylimo is accurateand complete. Bookmylimo is entitled at all times to verify the information that you have provided and to refuse the Service without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you have used the correct navigator or if you download the wrong version. Bookmylimo reserves the right to terminate the Service should you be using the Servicewith an incompatible or unauthorized device.
By using the Website or the Service, you further agree that:
Bookmylimo reserves the right to immediately terminate the Serviceand the use of the Site should you not comply with any of the above rules.
The use of the Site and the Service is free of charge. Bookmylimo reserves the right to introduce a fee for the use of the Site and/or the Service. If Bookmylimo decides to introduce such a fee, Bookmylimo shall inform you accordingly and allow you to either continue or terminate the Contract.
The rates that apply for the transportation services by the Transportation Provider can be found on the Website. These may be modified or updated by Bookmylimo from time to time. It is your own responsibility to remain informed about the current rates for the transportation services.
Prices are indicated in Euros, taxes included, on the Site. The orders will be paid in Euros, regardless of the place where the order has been requested or where the service will take place.
According to the royal decree, November 18th 2002, excluding certain contracts on distance of lodging, transportation, catering and leisure services, the field of application of the articles 79 and 80 of theLaw of July 14, 1991 on Trade Practices and Consumer Information and Protection (consolidated as of 1994), you do not have the opting out right, as per article 47 of the Law of April 6, 2010 - Law on Market Practices and Consumer Protection.
Bookmylimo shall charge you for the transportation services provided to you by the Transportation Provider on behalf of the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that Bookmylimo may charge your credit card account (through our payment processor, see below) as provided by you when registering for the
Service for the transportation services including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment ofall fees and for providing Bookmylimo with a valid credit card account (through our payment processor, see below) for payment of all fees at all times. Any payment made is non-‐refundable.
Bookmylimo uses a third-‐party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the PaymentProcessor and your credit card issuer in addition to these User Terms. Bookmylimo is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Bookmylimo will obtain certain transaction details, which Bookmylimo will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Site or Service, you agree that you shall defend, indemnify and hold Bookmylimo, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of orin connection with:
The information, recommendations and/or services provided to you on or through the Website and the Service is for general information purposes only and does not constitute advice. Bookmylimo will reasonably keep the Website and its contents correct and up to date but does not guaranteethat (the contents of) the Website is free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.
Bookmylimo shall not be liable for any damages resulting from the use of(or inability to use) the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Bookmylimo.
Bookmylimo shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Bookmylimo's aggregate liability shall in no event exceed an amount of EUR 500 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provide.
The quality of the transportation services requested through the use of the Site or the Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you. Bookmylimo under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should therefore be submitted to the Transportation Provider.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Bookmylimo Content” means Content owned or used by Bookmylimo, its affiliates or licensors and made available through the Website or Service, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service.
“Collective Content” means, collectively, Bookmylimo Content and User Content.
Subject to your compliance with these User Terms, Bookmylimo grants you a limited, non-‐exclusive, non-‐ transferable license:
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Bookmylimo. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bookmylimo or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
By completing an order as part of an e-‐shopping transaction on the Website www.bookmylimo.com , you hereby accept that Bookmylimo uses your personal data in accordance with the Belgian law of 8 December 1992 on Privacy Protection in relation to theProcessing of Personal Data.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service. User Content will be deemed non-‐confidential and non-‐ proprietary. Accordingly, Bookmylimo shall have the non-‐exclusive, royalty-‐free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that Bookmylimo only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Bookmylimo shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Bookmylimobe under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Bookmylimo.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy thework of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and
does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Bookmylimo, its affiliates and licensorsindemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Bookmylimo or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website or the Service.
Bookmylimo reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Bookmylimo believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Bookmylimo.
You agree to promptly notify Bookmylimo in writing of any User Content, which breaches these User Terms. You agree to provide to Bookmylimo sufficient information to enable Bookmylimo to investigate whether such User Content breaches these User Terms. Bookmylimo agrees to make good faith efforts to investigate such complaint and shall take such action as Bookmylimo in its sole discretion decides. However, Bookmylimo does not warrant or represent that itwill block or remove (in whole or in part) such user Content.
Bookmylimo respects copyright law and expects its users to do the same. It is Bookmylimo'spolicy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Bookmylimo's Copyright Policy at https://www.bookmylimo.com/legal/copyright, for further information.
INTELLECTUAL PROPERTY OWNERSHIP
Bookmylimo alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service.
All the texts, remarks, reviews, illustrations and pictures reproduced on our Website arecopyrighted. Any copy, reproduction, duplication of any of the contents on the Website or the online catalogue of Bookmylimo is prohibited.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Service, or any intellectual property rights owned by Bookmylimo. Bookmylimo's name, logo, and the product names associated with the Website and Service are trademarks of Bookmylimo, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, and participate in promotions of third parties. These links take you off the Website and the Service and are beyond Bookmylimo's control.
During use of the Website and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Service. These links take you off the Website and the Service and are beyond Bookmylimo's control.
Bookmylimo is not responsible and cannot be held liable for the content and activities of these websites.
You therefore visit or access these websites entirely at your own risk.
TERM AND TERMINATION OF THE CONTRACT
The Contract between Bookmylimo and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion ofyour account, thus disabling the use by you of the Service. You can close your useraccount at any time by following the instructions on Bookmylimo's website.
Bookmylimo is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the account and the Service) if you:
- violate or breach any term of these User Terms, or
- in the opinion of Bookmylimo, misuse the Website or the Service. Bookmylimo is not obliged to give notice of the termination of the Contract in advance. After termination Bookmylimo will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
Bookmylimo reserves the right, at its sole discretion, to modify or replace any of heset User Terms, or change, suspend, or discontinue the Service or Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service or via email. Bookmylimo may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Bookmylimo may give notice by means of ageneral notice on the Website or the Service, or by electronic mail to your email address on record in Bookmylimo's account information, or by written communication sent by regular mail to your address on record in Bookmylimo's account information.
You may not assign your rights under these User Terms without prior written approval of Bookmylimo.
PRIVACY AND COOKIE NOTICE
Bookmylimo collects and processes the personal data of the visitors of the Website and users of the Service according to the Privacy and Cookie Notice.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of Belgium. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, or the Service (collectively, “Disputes”) will be settled exclusively by the
competent court in Brussels, Belgium, unless you notify Bookmylimo within one month after Bookmylimo invoking its right pursuant to this provision to commence court proceedings in Brussels, Belgium, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The French text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the French text and a translation into a foreign language, the French text shall prevail.