|
Terms
& Conditions of Use
Please read the following Terms and Conditions closely before using our Web
site (the "Site"). By accessing, browsing, and using this
Site, you acknowledge that you have read, understood and agree to
comply with the terms and conditions stated here. If you do not
agree with any part of these Terms and Conditions, YOU MUST NOT
USE THIS SITE.
GoBundle.com, Inc. may at any time modify these Terms and Conditions
and your continued use of this Site will be conditioned upon the
terms and conditions in force at the time of your use. Section A
of these Terms and Conditions applies to all products and services
available through the Site. Section B of these Terms and Conditions
applies specifically to Airline Travel, Hotel Reservation, Car Rental
Services, Cruise Reservation, and Vacation Packages. Section C of
these Terms and Conditions applies to the GoBundle.co’s Golden Bundi
Club.
Travel Service
Disclosures
For California Residents:
GoBundle.com is in
partnership and outsource the travel fulfillment to Deluxe Holidays
which is a registered Seller of Travel in the State of California
(2042517-40). Registration as a Seller of Travel does not constitute
approval by the State of California. California law requires certain
Sellers of Travel to have a trust account or bond. Deluxe Holidays
has many letter of credits held by ARC and airlines in the amount
of $450.000.
Section A
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including
the information, data, software, photographs, graphs, video, typefaces,
graphics, music, sounds, images, illustrations, maps, designs, icons,
written and other material and compilations (collectively, "Content")
are intellectual property and copyrighted works of GoBundle.com
and/or various third party providers ("Providers"). Reproductions
or storage of content retrieved from this Site, in all forms, media
and technologies now existing or hereafter developed, is subject
to the U.S. Copyright Act of 1976, Title 17 of the United States
Code.
Corporate Identification and Trademarks
"GoBundle", “GoBundle.com," “Maximize your buying power!” and
any and all other marks appearing on this Site are trademarks of
GoBundle.com, Inc. ("Trademarks"). You may not use, copy,
reproduce, republish, upload, post, transmit distribute or modify
the Trademarks in any way, including in advertising or publicity
pertaining to distribution of materials on this Site, without GoBundle.com's
prior written consent. The use of Trademarks on any other web site
or network computer environment is prohibited. GoBundle.com prohibits
the use of Trademarks as a "hot" link on or to any other
Web site unless establishment of such a link is approved by GoBundle
in writing in advance.
Use Restriction
This Site is intended for personal, noncommercial use. You may only use this
Site to make legitimate requests to purchase the products or services
offered (each, a "Request") and shall not use this Site
to make any speculative, false or fraudulent Requests or any Requests
in anticipation of demand. You represent that you are of sufficient
legal age to create binding legal obligations for any liability
you may incur as a result of your use of this Site. You agree to
promptly update your membership information (if applicable) in order
to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with
an invalid credit card. Please be aware that even if you do not
give us your real name, your Web browser transmits a unique Internet
address to us that can be used by law enforcement officials to identify
you. Fraudulent users will be prosecuted to the fullest extent of
the law.
Permission is granted to electronically copy and print in hard copy
portions of this Site for the sole purpose of using this Site as
a shopping resource. Any other use of materials on this Site, including
reproduction for a purpose other than that noted above, such as
the modification, distribution or republication, without GoBundle.com's
prior written consent is prohibited.
Email
We encourage you to share your comments and questions with us, but we may
not be able to respond to all of them. Please note that we assume
no responsibility for reviewing unsolicited ideas for our business
(like product or advertising ideas) and will not incur any liability
as a result of any similarities between those ideas and materials
that may appear in future GoBundle.com’s programs. Also, please
remember that you are responsible for whatever material you submit,
and that you, and not GoBundle.com, have full responsibility for
any message that you send, including its reliability, originality,
and copyright. Please do not reveal trade secrets or other confidential
information in your messages. Any and all rights to materials and
ideas submitted to us become the exclusive property of GoBundle.com.
By sending us a message, you agree to have it along with your name
posted for public viewing both here and in other GoBundle.com’s
promotional and advertising materials without compensation.
Privacy
You confirm that you have read the GoBundle.com’s Privacy
Policy, the terms of which are incorporated herein,
and agree that the terms of such policy are reasonable and satisfactory
to you. You consent to the use of your personal information by GoBundle.com
and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in the GoBundle.com’s
Privacy Policy.
No Warranties
Unless a Provider has agreed otherwise, all products, services, advice, merchandise
and information available through this Site are provided on an "as
is," "as available" basis without warranties of any
kind, either expressed or implied, other than those imposed by law,
including but not limited to, warranties of title or implied warranties
of merchantability or fitness for a particular purpose. Without
limiting the above, no warranty or guarantee is made (i) regarding
the acceptance of any Request, (ii) that a User will receive the
lowest available price for goods and/or services available through
this Site, (iii) regarding the availability of products and/or services
through this Site or, where applicable, at any participating retailer
or retailer location, (iv) that use of this Site and all software,
products or services associated with this Site will be error free,
(v) regarding the results that may be obtained from the use of this
Site, (vi) regarding the completeness, accuracy, reliability or
quality of any information content, data, service, advice or merchandise
provided or available through this Site, or (vii) regarding the
performance or non-performance of this Site including, but not limited
to, any performance or non-performance in connection with or as
a consequence of the passage of time. You expressly agree that the
use of this Site is at your sole risk.
General Limitation of Liability
IN NO EVENT SHALL GOBUNDLE.COM or GOBUNDLE.COM, INC., INCLUDING THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR
PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE
FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT,
DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE,
WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS
SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS
SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Further, the Covered Parties accept no responsibilities for any
damage and/or delay due to Provider cancellations, shortages, sickness,
pilferage, labor disputes, machinery breakdown, quarantine, government
restraints, weather or causes beyond the Covered Parties' control.
No responsibility is accepted for any additional expense, omissions,
delays, re-routing or acts of any governmental authority. No Covered
Party shall be responsible for any Provider's breach of any warranty
including, but not limited to, implied warranties of fitness for
a particular purpose or of merchantability, nor shall any Covered
Party be responsible for any other wrongdoing of a Provider (including
any liability in tort), as to any products and/or services available
through this Site. No Covered Party shall be responsible for any
Provider's failure to comply with these Terms and Conditions nor
for any Provider's failure to comply with applicable federal, state
and local law including, without limitation, laws governing the
sale, warranty, and return of perishables.
If, notwithstanding the above, a Covered Party is found liable for
any loss or damage relating to the use of this Site, User agrees
that the liability of any such party shall in no event exceed the
fee or charge to the User assessed by GoBundle.com for making a
Request.
Some states, to the extent their law might be deemed to apply notwithstanding
the selection of California law as described below, do not allow
the limitation of liability, so the foregoing limitations might
not apply to you.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party
("Third Party"), you are responsible for any error in
the accuracy of information provided in connection with such use.
In addition, you must inform the Third Party of all Terms and Conditions
applicable to all products or services acquired through this Site
including all rules and restrictions applicable thereto.
Each User using this Site for or on behalf of a Third Party agrees
to indemnify and hold each Covered Party harmless from and against
any and all liabilities, losses, damages, suits and claims (including
the costs of defense), relating to the Third Party's or the User's
failure to fulfill any of its obligations as described above. User
is directly responsible for any Request submitted including related
fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered
to a Covered Party in connection with your use of this Site (collectively,
"Comments"), shall be and remain the exclusive property
of GoBundle.com and may be used by a Covered Party in any medium
and for any purpose worldwide without obtaining your specific consent.
For example, your Comments could be used on this Site and in radio,
television and print advertisements. Your first name, first initial
of your last name, and town and state may be used with any Comments
you submit. No Covered Party is under any obligation to maintain
your Comments (and the use of your first name and first initial
of your last name with any comments) in confidence, to pay to you
any compensation for any Comments submitted, or to respond to any
of your Comments. You agree that you will be solely responsible
for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources,
any concerns regarding such services or resources should be directed
to the particular outside service or resource provider. None of
the Covered Parties guarantees or warrants the accuracy or completeness
of the information or content included on the Web sites of these
outside services and resources. The outside services and resources
are in no way related to GoBundle.com or GoBundle.com, Inc., and
are neither their employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at
any time, without notice and for any reason.
Credit Card Usage
All Purchase Requests must be submitted with a major credit card unless otherwise
expressly stated. Debit cards are NOT acceptable.
Miscellaneous
The captions in these Terms and Conditions are only for convenience, and do
not, in any way, limit or otherwise define the terms and provisions
of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays
in responding to a Request caused by an incorrect email address
provided by you or other technical problems beyond their control.
Entire Agreement
These Terms and Conditions, together with those incorporated herein or referred
to herein constitute the entire agreement between you and each Covered
Party relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written) regarding
the subject matter, and may not be amended or modified except in
writing or by making such amendments or modifications available
on this Site.
Governing Law
The internal laws of the State of California shall govern the performance
of these Terms and Conditions, without regard to such state's conflicts
of laws principles.
Section B
Travel Services
Travel Service Limitation of Liability
GoBundle.com is acting solely as a booking agent for airlines, hotels or other
travel service providers (collectively, "Travel Suppliers")
in selling travel services, or in accepting reservations or bookings
for such services to be provided to you. GoBundle.com does not assume
liability for any injury, damage, death, loss, accident or delay
due to any fault, act of negligence, omission or default of a Travel
Supplier, or by an act of God. Further, no responsibilities are
accepted for any damage and/or delay due to sickness, pilferage,
labor disputes, machinery breakdown, quarantine, government restraints,
weather or other causes. No responsibility is accepted for any additional
expense, omissions, delays, re-routing or acts of any governmental
authority or entity other than GoBundle.com. The contract of carriage
in use by a Travel Supplier, when issued, shall be between the Travel
Supplier and the passenger.
Airline Ticket Restrictions
Airline tickets available through this Site are subject to the published conditions
of carriage and rules of the applicable airline. The following restrictions
will apply:
- All ticket purchases are final and cannot be cancelled, refunded, exchanged
or transferred. International ticket purchased may be cancelled,
refunded, exchanged with airlines penalty and service fees subject
to airlines’ policies.
- All online reservation booked with more than one airlines in the
same PNR are subject to Gobundle.com’s approval and validity.
- Upgrades, standbys and use of frequent flyer miles may not be
permitted;
- Flight times and routes are selected by GoBundle.com in advance;
- Seat assignments will be made at the airport on the day of departure;
and
- Tickets will not be sold to unaccompanied minors age 17 and under.
Tickets may be purchased for minors age 17 and under; however,
they must be accompanied by an adult when traveling.
- Delivery of ticket by either normal or express mail is based on
the delivery policies and charges.
Hotel Reservation Restrictions
Hotel reservations available through this Site are subject to the published
conditions of carriage and rules of the applicable hotel. The following
restrictions will apply:
- All bookings are final and cannot be changed;
- Reservations cannot be cancelled, refunded, exchanged or transferred
to other individuals;
- All rooms are booked as double-occupancy and non-smoking (subject
to availability);
- The maximum number of rooms that can be booked at one time is
four;
- Bookings made through GoBundle.com may not be eligible for hotel
reward or club programs; and
- GoBundle.com's minimum age requirement for checking into a hotel
is 21.
Car Rental Restrictions
Car rental reservations available through this Site are subject to the published
conditions of carriage and rules of the applicable car rental company.
The following restrictions will apply:
- All bookings are final and cannot be changed;
- Reservations cannot be cancelled, refunded, exchanged or transferred
to other individuals;
- All vehicles must be picked up and dropped off at the same location;
- Reservations made through GoBundle.com are not eligible for express
service, car rental loyalty programs or frequent flyer miles;
- GoBundle.com's minimum age requirement for renting a car is 21;
and
- At the time of pick-up, all drivers must present a valid driver's
license and a credit card in their name (with a minimum available
credit of $100). Debit cards are NOT acceptable.
Payment
If a User submits a GoBundle.com Request for airline tickets, hotel
rooms or other services, the User agrees that all taxes, charges,
surcharges, shipping/handling and GoBundle.com Request resubmission
or other fees will automatically be charged to the credit card submitted
by the User. Such amounts will be posted on this Site.
For Oregon Residents:
Transportation, lodging and all other services are sold to you by
GoBundle.com on a nonrefundable basis. If you cancel any service
for any reason, sums paid by you for such service will not be refunded.
<>>For Washington
Residents:
If transportation or other services are canceled by a participating
airline, all sums paid to such airline for services not performed
will be refunded to the User by GoBundle.com within 30 days of receipt
of the funds from the airline with which the services were arranged,
or if the funds were not sent to the airline, the funds shall be
refunded within 14 days after cancellation to the User unless the
User requests the airline or GoBundle.com apply the money to another
travel product and/or date.
Section C
GoBundle.com Sweepstakes and Golden Bundi Club
Acknowledgement & Acceptance
By enrolling as a member in the GoBundle.com Sweepstakes and Golden
Bundi Club loyalty (the "Program"), you agree that you
have read and understand this Member Agreement (the "Agreement")
and that by enrolling in the Program you agree to conform to and
be bound by this Agreement. Please read the Agreement carefully.
The Program
The Program rewards our frequent customers for purchasing products on our
Site. Registered customers receive rewards for each purchase made
on the Site and for specific activities as promoted on the Site
(the "Bundi"). The Bundi can be redeemed for special services
and discounts on future purchases as determined by GoBundle.com
(the "Rewards"). GoBundle.com is the sole administrator
of the Program.
Eligibility for Program
The Program is open only to individual, natural persons who are legal United
States residents 18 years or older and who access the Internet from
the United States. The Program is limited to one member account
per person. Any duplicate accounts will be subject to cancellation.
Employees of GoBundle.com may participate in the Program, subject
to GoBundle.com's employee policies. You must have Internet access
and an email address to be eligible to receive the privileges and
benefits of membership in the Program.
GoBundle.com is not responsible for any credits or debits made to
Golden Bundi Club by someone else who uses your password. You are
responsible for providing GoBundle.com with your current email address,
postal mail address, password, user name and other account information.
GoBundle.com is not responsible for any misdirected mail or email
or incomplete or unauthorized transactions made in your account.
Important: The following provisions form the basis of
the Program. These provisions are intended to protect you, the member
of the Program, and GoBundle.com. Your participation in the Program
will be governed by these provisions, and by making a purchase on
GoBundle.com you acknowledge that you have read and understood the
terms of the Program. Further information/clarification can be obtained
by contacting GoBundle.com, but the Program Rules (as defined below) cannot be superseded or changed
except in writing from GoBundle.com.
General Conditions
A Program membership and its benefits are offered at the discretion of GoBundle.com,
and GoBundle.com has the right to terminate the Program, or to change
the Program Rules, regulations, benefits, conditions of participation,
or reward levels, in whole or in part, at any time with or without
notice, even though such changes may affect the value of Bundi already
accumulated. GoBundle.com may, among other things, withdraw, limit,
modify or cancel any Reward; increase the number of Bundi required
for any Reward; modify or regulate the transferability of Bundi,
Rewards or other benefits. Members, in accumulating Bundi or Sweepstakes,
may not rely upon the continued availability of any Reward.
Participation in the Program is subject to any terms and conditions,
rules, regulations, policies and procedures ("Program Rules")
that GoBundle.com may, in its sole discretion, adopt from time to
time. Any failure to follow Program Rules, any abuse of Program
privileges, any conduct detrimental to the interests of GoBundle.com,
or any misrepresentation of any information furnished to GoBundle.com
or its affiliates by any member or anyone else acting on the member's
behalf may result in the termination of his or her membership and
the immediate cancellation of accrued Bundi or other Rewards or
benefits.
Each member shall be responsible for remaining knowledgeable as to the Program
Rules and as to the amount of Bundi in his or her account.
Prohibition of Reward Dollars Barter
or Sale
The accumulation and redemption of Bundi are subject to specific Program Rules
enacted by GoBundle.com. Each member is responsible for reading
those Program Rules in order to understand his or her rights and
responsibilities under the Program. No accumulated Bundi or Rewards
earned or granted under the Program may be transferred or assigned
except as expressly permitted by GoBundle.com in writing in advance.
The
sale or barter of any Bundi, Rewards or other benefits other than
by GoBundle.com is expressly prohibited. Any Bundi, Rewards or other benefits transferred,
assigned or sold in violation of the Program Rules, in addition
to exposing the member to the penalties otherwise associated with
violations of the Program Rules, may be confiscated or cancelled.
Account Information
Only individual persons are eligible for Program membership, and each member
may maintain only one account. Duplicate accounts will be subject
to cancellation. Only the member named on the account will be entitled
to access personal account information.
Bundi do not constitute property of the member. Bundi do not have
any cash value. Neither accrued Bundi nor Sweepstakes are transferrable
(i) upon death, (ii) as part of a domestic relations matter, or
(iii) otherwise by operation of law.
If GoBundle.com denies a member an accrual or benefit, liability
will be limited to the equivalent of that accrual or benefit.
Bundi Accrual
Only members of the Program are eligible to accrue Bundi or redeem such Bundi
for Rewards in the Program.
Currently Bundi can be redeemed for limited and specified discounts
on purchases that qualify under the Program. GoBundle.com expressly
reserves the right to establish additional means of accruing Bundi
or redeeming such Bundi, to delete any or all of the means currently
recognized, or to exclude specific types of transactions, reservations
or tickets from qualification under the Program.
Any claims for Bundi or Rewards by the member and proof of accrual
must be received by GoBundle.com within 12 months of the date such
Bundi was claimed to have been earned.
Redemption of Bundi
All Bundi shall be maintained in the member's account until they are redeemed
or until they expire, whichever occurs first based on suppliers’
terms and conditions
Rewards Information
The Rewards structure is subject to modification, cancellation or limitation
at GoBundle.com's discretion, with or without notice. The number
of Bundi required to redeem Rewards may be substantially increased,
any Reward may be withdrawn, and restrictions on any Reward or its
redemption may be imposed at any time. The accumulation of Bundi
does not entitle Program members to any vested rights with respect
to any awards or Program benefits.
Disclaimer of Warranties
GoBundle.com disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, operability or availability
of information or material in the Program. GoBundle.com disclaims
any responsibility for the deletion, failure to store, misdelivery
or untimely delivery of any information or material. GoBundle.com
disclaims any responsibility for any harm resulting from downloading
or accessing any information or material through the Program.
THE PROGRAM IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, GOBUNDLE.COM DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PROGRAM.
TO THE FULLEST EXTENT PERMITTED BY LAW, GOBUNDLE.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
THROUGH THE PROGRAM OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
PROGRAM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD
OF SUCH MATERIAL.
Limitation of Liability
IN NO EVENT SHALL GOBUNDLE.COM BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES
INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES),
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION
WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY OR DECISION BY GOBUNDLE.COM
IN ADMINISTERING THE PROGRAM; (III) TECHNICAL FAILURES, WHETHER
MECHANICAL OR CAUSED BY HUMAN ERROR; OR (IV) THE PURCHASE, USE OR
MISUSE OF ANY MERCHANDISE, PRODUCTS OR SERVICES OF MERCHANTS OR
REDEMPTION SUPPLIERS, EVEN IF GOBUNDLE.COM, OR REPRESENTATIVES THEREOF,
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.
In some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you.
Under no circumstances shall GoBundle.com be held liable for any
delay or failure in performance resulting directly or indirectly
from acts of nature, forces or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance
of third parties, or loss of or fluctuations in heat, light or air
conditioning.
Termination and Modification of GoBundle.com’s
Sweepstakes & Golden Bundi Club Rewards
In the event that GoBundle.com determines in its sole discretion to terminate
the sweepstakes and Golden Bundi Club Rewards, you will have ninety
(90) days from the date you are notified of the termination to accumulate
and redeem your rewards. Posting of this Agreement on the Site constitutes
adequate notice to you of any such changes or modifications, and
it is your responsibility to check the Agreement periodically. GoBundle.com
reserves the right to terminate any member if GoBundle.com, in its
sole judgment, determines that he or she is acting in violation
of this Agreement or has taken or is taking actions that have the
potential to interfere with the normal operation of the sweepstakes
and Golden Bundi Rewards. GoBundle.com further reserves the right
to seek any and all remedies against anyone who interferes with
the Program or any aspect of the Site.
The Program and all claims thereunder
shall be governed by the internal laws of the state of California,
without regard to such state's conflicts of laws principles. The
Program is subject to all federal, state and local laws and shall
be void where prohibited.
|