BAGSORT SERVICES CORP., INCLUDING ALL OF ITS SUCCESSORS AND ASSIGNS (“BAGSORTTM”) OWNS AND OPERATES THIS WEBSITE LOCATED AT WWW.BAGSORT.COM (THIS “WEBSITE”).
THESE TERMS OF USE AND CONDITIONS (THE “TERMS & CONDITIONS”) APPLY TO ALL USERS OF THIS WEBSITE, INCLUDING SUCH MEMBERS, TRAVELERS, HOSTS WHO OFFER, ORDER AND/OR USE ANY SERVICES PROVIDED THROUGH THIS WEBSITE; AND WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY USING THIS WEBSITE, THE USERS UNCONDITIONALLY ACCEPT THESE TERMS & CONDITIONS, IF NOT, DO NOT ENTER OR USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.
THIS WEBSITE IS OFFERED AT BAGSORTTM OWN DISCRETION AND THE USERS HEREBY AGREE HAVING READ AND UNDERSTOOD THESE TERMS & CONDITIONS AND ARE BOUND BY ALL OF THEM, AS AMENDED FROM TIME TO TIME.
THE USERS FURTHER CONSENT TO THE COLLECTION AND USE OF ANY INFORMATION IN ACCORDANCE WITH BAGSORTTM PRIVACY COMMITMENT.
THESE TERMS & CONDITIONS MAY BE AMENDED OR UPDATED BY BAGSORTTM FROM TIME TO TIME WITHOUT NOTICE. ANY CHANGES WILL TAKE EFFECT IMMEDIATELY UNLESS OTHERWISE INDICATED. BY CONTINUING TO USE THIS WEBSITE AFTER THE PUBLICATION OF SUCH CHANGES, THE USERS AGREE TO COMPLY WITH THOSE CHANGES AND IT IS THEIR RESPONSIBILITY TO REVIEW THESE TERMS & CONDITIONS FOR ANY CHANGES.
THE USE OF THIS WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS & CONDITIONS SHALL SIGNIFY THE USERS’ ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE, FROM TIME TO TIME, WILL BE SUBJECT TO THESE TERMS & CONDITIONS, UNLESS STATED OTHERWISE.
THE USERS SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS & CONDITIONS.
Unless defined elsewhere in the Terms & Conditions or there is something in the subject matter or context inconsistent therewith, the following terms shall have the meaning attributed to them below, and grammatical variations shall have corresponding meanings:
BAGSORTTM is an online platform that connects Members who require the Services with Hosts in return for payment of the Service Fee and BAGSORTTM Fee. This Website allows for online advertisements for luggage storage space, offers individuals online booking and payment management services, and let Travelers and Hosts communicate and exchange information once a booking is confirmed.
The Terms & Conditions will define the relationships under which the parties accessing this Website are permitted to use and operate the Services offered on this Website.
Users understand that BAGSORTTM: (i) does not verify the credentials nor endorse any User; (ii) is not responsible for fulfillment of any Services; and (iii) assumes no responsibility and cannot be held responsible nor liable, in any way, shape or form whatsoever, for any loss, damage, defect, injury, death or expense caused by any actions or omissions of any User, Member, Traveler or Host; and (iv) makes no warranties, express or implied, with respect to such Services offered through this Website if such Services does not meet the User’s expectations for any reason whatsoever.
Users hereto agree to fully indemnify and forever save harmless BAGSORTTM from and against all liabilities, costs, damages, and expenses suffered or incurred resulting from the use of this Website or any misconduct derived out of the Services offered through this Website.
The User is solely responsible for ensuring that the Host is qualified to meet their needs and expectations.
Any disputes arising out of the Services must be settled between the Member and Host.
Users may consult the advertisements published on this Website on a free of charge basis. However, in order to access or offer the full range of Services (i.e. online booking or publishing advertisement), Users must register by creating an Account, either as Members or Hosts.
At the time of registration, Users must provide accurate personalized information using the following forms, namely:
2) Host personalized form with the following items: legal name and company details, representative’s name and surname, address, email address, country of residence, username, password; and 3) Host advertisement form with the following items: full address of storage premises, Google coordinates, opening hours, language(s) spoken, bank account details[^2], Service fees, details of storage offer advertisement, pictures of storage premises, restrictions regarding the Excluded Items and Prohibited Items, and any additional information the Host deems useful (collectively the “Host PPI”). The Member PPI and Host PPI are strictly personal and private. Members and Hosts are fully responsible for maintaining their confidentiality and all related activities occurring on this Website and must forthwith notify BAGSORTTM of any unauthorized use.
BAGSORTTM shall not be held responsible nor liable, in any way, shape or form whatsoever, for any erroneous or fraudulent information and for any losses or damages arising from the failure to comply with these Terms & Conditions.
Once the form is submitted, and if BAGSORTTM accepts the enrollment, a confirmation email will then be sent to complete the registration and to create the Account pursuant to the submitted Profile allowing the access or offer the Services according to established fees. These fees are subject to change at any time, at BAGSORTTM sole discretion, without any notice.
It is prohibited to transfer, sell, exchange, give or dispose of BAGSORTTM Account in any way, shape or form whatsoever, except in accordance with the terms and conditions that may be imposed, from time to time, at BAGSORTTM sole discretion.
Members and Hosts who access, use, and register through this Website irrevocably agree to fully and unconditionally accept all of the Terms & Conditions, which constitute a legally binding agreement. Any provision, clause, or article may only be amended or waived by BAGSORTTM and BAGSORTTM reserves the right to unilaterally modify these Terms & Conditions, in part or in whole, at any time.
If no activities are exchanged and posted on any Account for a period of TWELVE (12) consecutive months, BAGSORTTM reserves the right to cancel such Account without any notice.
Members and Hosts accept that their personal data may be: (i) used by BAGSORTTM to contact them and/or to find out about the use of this Website and thus respond to their needs; (ii) transferred to external service providers who deal with emails and newsletters in the name of and on behalf of BAGSORTTM, to its financial institution, to social entities, etc.; (iii) transferred to BAGSORTTM’s commercial partners subject to the Members and Hosts approval.
This Website is aimed at facilitating the offer and demand of the Services between Members and Hosts, and BAGSORTTM will act as a payment collector from the Traveler on behalf of the Host.
The Services will be provided by the Host for the benefit of the Traveler in consideration of the payment of the Service Fee and BAGSORTTM Fee. The Host bears sole responsibility for the adequate rendering of the Services, including the storage and return of Luggage as a depositary. The Host must therefore hold a valid multi-risk insurance policy and to inform their insurer of the type of Services to be provided through this Website, in order to receive their consent.
Members and Hosts obligations’ are further described as follows:
Travelers and Hosts who elect to enter into a storage contract acknowledge and agree that such dealings are solely between themselves and further confirm that BAGSORTTM shall not: (i) be considered as a party to any storage contract between Travelers and Hosts; and (ii) have any responsibility for any liabilities, costs, losses, damages, and expenses that may incur as a result of any such dealings.
**BAGSORTTM WILL NEVER AND DOES NOT ACCEPT ANY KIND OF LIABILITY WHATSOEVER AS A CONTRACTING PARTY TO THE STORAGE CONTRACT IN ANY CIRCUMSTANCES WHATSOEVER, AND WILL NEVER ACT AS AN AGENT, BROKER OR INSURER FOR EITHER THE TRAVELERS OR HOSTS. **
HOSTS SHALL PROTECT BAGSORTTM AGAINST ANY COMPLAINT FROM TRAVELERS REGARDING THE RENDERING OF THESE SERVICES FROM THE TRAVELER.
Nevertheless, BAGSORTTM role includes, namely: (i) disseminating advertisement published by Hosts; (ii) connecting Travelers with Hosts; (iii) enabling online booking arrangement for Members; (iv) facilitating the exchange and communication of information between Travelers and Hosts once the online booking is confirmed; (v) providing secure platform for Travelers for payment of Service Fees and BAGSORTTM Fees, and allocate the collected Service Fee to the Hosts; (vi) offering Travelers with BAGSORTTM insurance coverage for Luggage storage only.
BAGSORTTM believes that this Website and the Services offered should contribute to and be consistent with the experience that BAGSORTTM strives to offer. The below guidelines are not intended to serve as legal advice, and adherence does not necessarily imply legal compliance. Furthermore, these guidelines apply to all information, data, text, comments, suggestions, opinions, photographs, images, graphics, video, messages or other materials or media (the “User Content”), whether publicly or privately uploaded, submitted, posted, shared, displayed, emailed, transmitted or otherwise made available through this Website, by Users which fall under their sole responsibility. Under no circumstances will BAGSORTTM be liable, in any way, shape or form whatsoever, for any errors or omissions, or for any losses or damages of any kind incurred as a result of the viewing or using of such User Content.
BAGSORTTM does not control nor actively monitor User Content and, as such, does not guarantee its accuracy, integrity or quality. All submitted User Content will be published on this Website without being checked, verified or revised by BAGSORTTM for its accuracy, misrepresentation, false, fraudulent or misleading claims or content. Therefore, User Content must be redacted in clear and concise matter.
The truth, validity and accuracy of User Content are solely the responsibility of their authors and are not the responsibility of BAGSORTTM in any circumstances. However, BAGSORTTM reserves the right to randomly verify the User Content at its own absolute discretion.
Users acknowledge that by using this Website, they may be exposed to materials that are offensive, indecent or objectionable. Any false, misleading, erroneous, or inaccurate User Content may lead to its removal or the discontinuance of the Account associated with such party, without any compensation.
User Content may not, in any way, shape or form whatsoever, imply any type, recommendation or partnership with BAGSORTTM. Those who link to BAGSORTTM branded content (including pages, groups, events, or connect sites) may make limited reference to BAGSORTTM in the advertising text.
BAGSORTTM grant all Users a limited, royalty-free, non-assignable, non-exclusive, non-transferable, revocable, worldwide license to use this Website, and download, install and use any associated application (the “Apps”) on a mobile device.
Users acknowledge and confirm that this Website and all related information and materials are the property of BAGSORTTM and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Use must be in compliance with all applicable local, provincial, state, national, and international laws, rules and regulations.
Users own and retain all rights in and are solely responsible for their own User Content. However, submitting, posting, displaying, uploading, sharing, emailing, transmitting or otherwise making available the User Content on or through this Website, Users grant BAGSORTTM an unlimited, royalty-free, non-exclusive, transferable, sublicensable, irrevocable, worldwide license to use, store, display, reproduce, copy, modify, transmit, distribute, create related derivative solely for the purposes of operating, developing, providing, and using this Website.
Any BAGSORTTM Apps is licensed to Users and not sold. Nothing in these Terms & Conditions gives the Users the right to use BAGSORTTM names, trademarks, logos, domain names, and other distinctive brand features without BAGSORTTM prior written consent. Users shall not attempt to override or circumvent any of the usage rules or restrictions on this Website. Any future release, update, or other addition to functionality of this Website or any derivative application shall be subject to these Terms & Conditions.
When the Traveler finds a suitable Host storage location, BAGSORTTM will allow the Traveler to choose the drop-off and pick-up times and pay the Service Fee and BAGSORTTM Fee as indicated in the chosen advertisement.
Once the online booking is completed, an email confirmation will be sent to both the Traveler and Host at their respective email address provided in their Account with a detailed booking summary.
The payment of the Service Fee and BAGSORTTM Fee will be processed automatically using the credit card information provided in the Traveler’s Account.
The Host authorises BAGSORTTM to collect the Service Fees[^3] and to retain a portion of the said fees as commission for each transaction completed through this Website. The commission amounts to FIFTY (**50%) PERCENT **of the transaction amount, exclusive of Harmonized Sales Tax (HST) and of BAGSORTTM Fee.
The Host acknowledges that the Service Fees for all Services rendered will be transferred to the bank account associated with the Host on a monthly basis, save and except the Service Fees associated with the ongoing Services will be paid on the next payment schedule.
Once the booking and payment are confirmed, the Traveler and Host may directly connect with each other using BAGSORTTM internal messaging system to exchange any further information.
The Traveler may extend or renew the Luggage storage duration over the time period indicated in the initial online booking, all of which subject to the initiation of a new transaction and the completion of a new storage contract between the parties via this Website.
Traveler may drop-off any Luggage for storage, save and except such Prohibited Items. However, Excluded Items may be subject to specific terms and conditions imposed by the Host whereby placing the Luggage in specific area within the premises that can be locked by the Traveler.
Once the Luggage is dropped at the Host premises, the Traveler will receive an electronic confirmation receipt containing all relevant information. At the time of Luggage drop-off, the risk of damages to the Luggage rest with the Host. Such risk will transfer back to the Traveler once the Luggage is collected from the Host premises.
The Traveler acknowledges and confirms that, namely: (i) the Excluded Items are not covered by any type of insurance coverage either by BAGSORTTM or the Host, and any damage or loss of such items is at the Traveler’s own risk and responsibility; and (ii) if the Host become aware that any stored Luggage contains any Prohibited Items or any Excluded Items without it knowledge, It is entitled to destroy, remove or hand over such items to local authorities while storing the remaining goods at the Travelers’ own cost.
The foregoing obligations shall be without any liability to BAGSORTTM or the Host
The drop-off and pick-up of Luggage must take place at the Host premises and at the times indicated in the online booking.
The Traveler is advised to and the Host has the right to take pictures of the Luggage and it content and may further refuse to collect the Luggage if it comprises Excluded Items and/or Prohibited Items.
At the pick-up time:
The Host is obligated to inform the Traveler and BAGSORTTM as soon as possible of any loss, damage or theft that may have occurred to the stored Luggage. Even if BAGSORTTM is not a party in the storage contract, BAGSORTTM will strive to help the parties to resolve any disputes amicably.
For any disputes related to the Luggage not being returned to the Traveler, BAGSORTTM will investigate the matter and may open a claim with its insurer. The Host will nonetheless assume full liability attributable to the non-return of Luggage.
In the event of continuous disputes with a Host, BAGSORTTM reserves the right to, namely: (i) delete the Host's Account; (ii) suspend all Service Fees payment to the Host; (iii) cancel any other ongoing bookings; and (iv) set-off all Service Fees for the damages incurred by the Traveler and BAGSORTTM, all without prejudice to any other action that could be taken by the Traveler or BAGSORTTM against the Host.
BAGSORTTM has taken out an insurance policy (the “BAGSORTTM insurance”) for Travelers who have a confirmed booking on this Website. BAGSORTTM insurance covers the material value of the goods stored and includes basic coverage for Luggage storage only, including coverage for material damage to the Luggage and its contents, breakage, loss/destruction, and theft that may occur during storage, to the exclusion of all other incidents, up to a maximum of THREE THOUSAND DOLLARS CAD, including Harmonized Sales Tax (HST), and the Luggage price.
Subject to SEVENTY-TWO (72) hours timeframe from the Luggage return time indicated in the confirmed online booking summary, the Traveler or Host must inform BAGSORTTM immediately via email to support@bagsort.com specifying the damage suffered.
When making payments through this Website, the Traveler acknowledges and accepts the following payment terms and conditions which may be changed, updated or modified, in whole or in part, at any time without notice.
When the Traveler confirms a transaction through this Website, the Traveler agrees to pay all amounts specified, including all applicable taxes and BAGSORTTM strongly advises to make sure that all details are accurate. The Traveler is responsible for the account security and acknowledges and understands that any amount placed through its Account will be charged.
The Traveler hereby authorizes BAGSORTTM to collect and store the required information related to the chosen payment instrument, along with other information related to the transaction. When making a payment, the Traveler further authorizes BAGSORTTM and the payment processor service chosen by BAGSORTTM to charge the amount in accordance with the payment instrument designated for the transaction. BAGSORTTM may obtain pre-approval from the card issuer for an amount corresponding to the Traveler’s transaction amount and shall charge the provided credit or debit card at the time of purchase or shortly after the purchase.
For any transaction cancellation before completion, the pre-approval may result in funds being temporarily unavailable. For any credit card payment resulting in an overdraft or other fees charged, the Traveler assumes full responsibility for such fees.
The Traveler is also responsible for any loss or damage suffered by BAGSORTTM as a result from payment defaults, including but not limited to, insufficient funds, closure of bank account. A service charge of FIFTY (\$50.00) DOLLARS CAD will be applied for each payment default and BAGSORTTM reserves the right to cancel or suspend the Traveler’s Account.
For safety and privacy measures, BAGSORTTM can act to reduce potential risks by:
The Traveler and Host unconditionally agree not to:
The Traveler and Host further agree not to access this Website and/or Services in a manner that utilizes the resources of the said Website and/or Services more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
**
An email cancellation confirmation will be sent to both the Traveler and Host detailing subject terms and conditions of cancellation.
Subject to the compliance with their respective obligations under the storage contract, if the cancellation is due to the non-compliance of the Terms & Conditions by the:
Any refund will be completed within FIFTEEN (15) days from the time of cancellation.
Even if a Luggage was dropped off and stored, the Traveler or Host may still terminate the confirmed online booking if, namely: (i) the other party is in default of its continuous obligations or fails to comply with the Terms & Conditions; (ii) the Luggage contains Excluded Items and/or Prohibited Items without the knowledge of the Host at the drop-off time; (iii) the payment of the Service Fee and BAGSORTTM Fee are canceled or reversed; (iv) the storage premises are in a inadequate condition.
The Host further agrees to indemnify and save harmless BAGSORTTM from any and all claims or demands under the Income Tax Act (Canada), and/or under any other statute, federal or provincial, for or in respect of any failure to withhold income taxes, sale taxes, or any other deductions, from all or any part of the said revenues and any interests, fines, penalties or other charges of any kind whatsoever relating thereto and any costs or expenses incurred in defending such claims and demands.
BAGSORTTM may not be held responsible under any circumstances whatsoever for the Host's failure to comply with its country of residence statutory tax provision related to any undeclared income or failure to withhold obligations.
In order to improve this Website performance and the overall experience, to enhance the quality of Services, to facilitate the enrollment procedure, and to ensure the accurateness of the advertisements, the Traveler is invited to objectively evaluate the Services, by submitting the ratings, comments, suggestions, and opinions (the “Feedback”), as soon after they are rendered by the Host.
The Traveler acknowledges that the submitted Feedback may be made public and shared with the Host, under their respective Profiles. The Host may disagree with the Feedback by writing to BAGSORTTM explaining the reasons of its disagreement. BAGSORTTM reserves the right to investigate with the Traveler, change or delete the Feedback at its own absolute discretion.
The Traveler agrees that: (i) BAGSORTTM is not subject to any confidentiality obligations in respect to the Feedback; (ii) the Feedback is not confidential or proprietary information of the Traveler or any third-party having all necessary rights to disclose the Feedback to BAGSORTTM; (iii) BAGSORTTM may freely use, reproduce, publicize, license, distribute, and otherwise commercialize the Feedback; and (iv) is not entitled to receive any compensation or reimbursement of any kind from BAGSORTTM or any Host in this Website.
This Website is accessible 24 hours a day, 7 days a week. BAGSORTTM may alter, suspend or discontinue this Website at any time and for any reason or no reason, without notice. This Website may be unavailable from time to time due to possible breakdowns, maintenance, malfunction of computer or network equipment, force majeure, events out of BAGSORTTM control or other reasons or tasks necessary related to the correct functionalities of this Website. Therefore, access to this Website may be restricted for some time without any compensation of any kind.
BAGSORTTM does not offer any guarantees of continuous service, but rather subject to an obligation of means in this respect.
This Website may be linked to other websites that are not owned or controlled by BAGSORTTM. BAGSORTTM is not responsible for the content of any linked websites. Any third-party websites are subject to the terms and conditions of those websites and Users are responsible for getting acquainted with those terms and conditions and complying with them. The presence on this Website of a link to any non-BAGSORTTM websites does not imply that BAGSORTTM endorses or accepts any responsibility for the content or use of such websites, and BAGSORTTM is hereby released from all liabilities, costs, losses, damages, and expenses that may arise from the use of such websites or receipt of services from any such websites.
While BAGSORTTM encourages this Website to be linked to other third-party websites, however it does not wish to be linked to or from any third-party websites that contains, posts or transmits: (i) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of BAGSORTTM; (ii) any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person; (iii) material that exploits people under the age of 18 in a sexual or violent manner; (iv) instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (v) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.
BAGSORTTM reserves the right to prohibit or refuse to accept any link to this Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
In no event shall any reference to any third-party websites be construed as an approval or endorsement by BAGSORTTM of such third-party’s goods or services.
All right, title, and interest relating to all elements accessible on this Website, including but not limited to, text, photographs, images, icons, maps, sounds, videos, software and databases, are and will remain BAGSORTTM exclusive property which are protected by intellectual property rights, such as copyright law, trademark law, patent law, and other private rights, all of which limited by any rights held by third parties.
Any violation or infringement of any BAGSORTTM intellectual property rights may lead to prosecution
The BAGSORTTM Logo and trade-names are registered trademarks of BAGSORT SERVICES CORP. Users cannot use or display, in any manner whatsoever BAGSORTTM trade-name(s), trademark(s), service-mark(s), logo(s), design(s), brand feature(s), domain name(s), and other distinctive feature(s), without BAGSORTTM prior written consent and permission.
Except as expressly authorized in writing by BAGSORTTM, Users agree not to use, modify, copy, adapt, alienate, sell, reproduce, represent, create derivative works, transmit, distribute or publish, in any way, shape or for, in any format and by any means, all or part of this Website and its content, and in the case of usage other than that intended by this Website.
Travelers may print the information available on this Website through the requested Services for strictly personal use. The reproduction of the entirety of the information and data contained on this Website and/or within the Services requested is forbidden.
Users may wish to use and reference BAGSORTTM names, trademarks, logos, domain names, and other distinctive brand features in their own respective Internet websites and social networks. The following standards govern the visibility and are intended to ensure the uniform use, legibility, visual prominence and display of BAGSORTTM name, image, logo, and design (the “BAGSORTTM Logo”) according to advertising materials provided by BAGSORTTM.
The use of BAGSORTTM Logo in conjunction with, including but not limited to, any ads, activities, projects, offers, promotions by any Users, Travelers, and Hosts, or any partner, individual, enterprise or organization that has not received BAGSORTTM written authorization is strictly prohibited.
For further clarity, BAGSORTTM Logo includes:
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Download File If Users wish to make use of BAGSORTTM Logo, please download the referenced file, and not the above-captioned image. The downloadable model must always be used as such, regardless of the format or the field of application and must not be altered in any way, shape or form whatsoever, except for reformatting.
Users’ DOs and DONTs are as follows:
BAGSORTTM is committed to protecting private information. BAGSORTTM will collect and use information to administer this Website, to communicate information and offers, to understand and analyse needs and preferences, to market the Services to meet those needs. BAGSORTTM Privacy Policy details and information are also available at /.
Information sent or received over the Internet is generally unsecure. Users acknowledge and are aware of the characteristics and limits of the Internet, particularly of its technical performance and response times for consulting, checking or transferring data and of the risks linked to communication security.
BAGSORTTM cannot and does not: (i) make any representations or warranties concerning security of any communication to or from this Website or regarding the interception by third-parties of personal or other information, and (ii) accept any responsibility for any damage, including the loss of content or information, linked to the use of or the inability to use this Website.
BAGSORTTM TRIES TO KEEP THIS WEBSITE IN A BUG-FREE AND SAFE ENVIRONMENT, BUT ANY USE OF THIS WEBSITE IS AT THE USERS’ OWN DISCRETION AND RISK AND BAGSORTTM DOES NOT GUARANTEE THAT THIS WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGES CAUSED TO THEIR OWN COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS RESULTING FROM UPLOADING, SUBMITTING, POSTING, SHARING, DISPLAYING, EMAILING, TRANSMITTING OR OTHERWISE MADE AVAILABLE ANY SUCH MATERIAL THROUGH THIS WEBSITE. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
BAGSORTTM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY SERVICES ADVERTISED OR OFFERED BY ANY HOSTS THROUGH THIS WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THIS WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THIS WEBSITE, AND BAGSORTTM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT TRAVELERS MAY ENTER INTO WITH HOSTS AND IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENTS, INFORMATION OR DATA OF HOSTS WEBSITES, AND USERS HEREBY RELEASE BAGSORTTM, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE.
SPECIFICALLY, BUT WITHOUT LIMITATION, BAGSORTTM DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED; OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAGSORTTM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL BAGSORTTM, OR ITS AFFILIATES NOR ANY OF ITS RESPECTIVE OFFICERS OR DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER AND HOWEVER SUFFERED OR CAUSED, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OR ANY DAMAGES FOR LOSS OF INCOME OR PROFITS WHATSOEVER (WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, RELATED TO THE USE OF THIS WEBSITE) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; (III) ERRORS, MISTAKES, OR INACCURACIES IN THE INFORMATION, DATA, TEXT, COMMENTS, SUGGESTIONS, OPINIONS, PHOTOGRAPHS, IMAGES, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS OR MEDIA ON THIS WEBSITE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO THE USE OF THIS WEBSITE AND/OR THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THIS WEBSITE; OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THIS WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THIS WEBSITE.
THESE LIMITATIONS SHALL APPLY EVEN IF BAGSORTTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USERS SHALL INDEMNIFY AND HOLD BAGSORTTM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS: (I) FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF INFORMATION, DATA, TEXT, COMMENTS, SUGGESTIONS, OPINIONS, PHOTOGRAPHS, IMAGES, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS OR MEDIA UPLOADED, SUBMITTED, POSTED, SHARED, DISPLAYED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE; (II) FROM SUCH USERS, TRAVELERS, AND HOSTS USE OF THIS WEBSITE; (III) FROM ANY VIOLATION BY SUCH USERS, TRAVELERS, AND HOSTS OF THESE TERMS & CONDITIONS OR OF ANY THIRD-PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY; AND (IV) FOR ANY LOSSES OR DAMAGES INCURRED IN CONNECTION WITH THE USE OF THIS WEBSITE AND/OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE GREATER OF ONE HUNDRED (\$100.00) DOLLARS CAD OR THE AGGREGATE OF THE SERVICE FEES AND BAGSORTTM FEES PAID FOR A SPECIFIC TRANSACTION.
THIS LIMITATION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BAGSORTTM HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, THEN IN SUCH CASES, THE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If for any reason whatsoever part of the Terms & Conditions, or the application thereof to any person or circumstance, is to any extent held or rendered invalid, unlawful, void, unenforceable or illegal, then such part: (i) is deemed to be independent of the remainder provisions of the Terms & Conditions and to be severable and divisible therefrom, and its invalidity, unenforceability and illegality does not affect, impair or invalidate the remainder of provisions of the Terms & Conditions or any part thereof; and (ii) the balance of the Terms & Conditions continue to be applicable to and enforceable to the fullest extent permitted by law against any person and circumstances other than those as to which is has been held or rendered invalid, unenforceable or illegal.
The silence, failure, or delay by BAGSORTTM in exercising any right, power or privilege hereunder shall under no circumstances be interpreted or construed as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude BAGSORTTM from future exercise of any of its right, power or privilege. Any waiver of any right, power or privilege by BAGSORTTM must be in writing and shall only apply to the specific instance identified in such writing.
Users agree that any cause of action that may arise out of or related to this Website must commence within TWO (2) years after the cause of action accrues, otherwise such cause of action shall be permanently barred.
BAGSORTTM may, under certain circumstances and without prior notice, immediately terminate the Users, Travelers, and Hosts ability to access this Website or portions thereof for such cause, including but not limited to: (i) breaches or violations of the Terms & Conditions of use or any other agreement that may have entered to with BAGSORTTM; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to this Website (or any part thereof); (iv) unexpected technical, security or legal issues or problems; and (v) participation, directly or indirectly, in fraudulent or illegal activities, all of which shall occur without any possible refund or compensation of any kind, without prejudice to any action and/or complaint and/or compensation and/or remedy to be carried out by BAGSORTTM.
Termination may be made by BAGSORTTM in its sole absolute discretion and BAGSORTTM shall not be liable for such access termination to this Website or for the removal of any of the information, data, text, comments, suggestions, opinions, photographs, images, graphics, video, messages or other materials or media uploaded, submitted, posted, shared, displayed, emailed, transmitted or otherwise made available through this Website. Any termination shall be in addition to any and all other rights and remedies that BAGSORTTM may have.
Users, Travelers, and Hosts may not assign any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without the prior written consent of BAGSORTTM.
BAGSORTTM may assign any rights or licenses granted hereunder, at any time without notice.
All representations, warranties, conditions and indemnities made under the Terms & Conditions shall survive the termination such Terms & Conditions. Unless otherwise explicitly identified as terminating elsewhere, all licenses granted hereunder shall survive their termination. All payment obligations incurred prior to the termination shall survive their termination.
The Terms & Conditions, together with others BAGSORTTM policy, as the case may be, constitute the entire agreement between the Users, Travelers, and Hosts and BAGSORTTM pertaining to the parties relating to this Website and all related activities, and supersede all prior and contemporaneous agreements, understandings, negotiations, discussions, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.
The Terms & Conditions shall not be modified except in writing by a new posting issued by BAGSORTTM. Except as expressly contained herein, there are no conditions, representations, warranties, express or implied, statutory or otherwise.
The Terms & Conditions shall be governed by and construed in accordance with the laws in force in Canada and the Province of Ontario, and shall be treated in all respects as an Ontario contract, without regard to or application of its conflict of law provisions or the state, province or country of residence. The Users, Travelers, and Hosts must submit to the jurisdiction of the courts of Ontario with respect to any dispute, claim or other matter arising hereunder and the courts of Ontario shall have the exclusive jurisdiction with respect to any such dispute, claim or other matter. The Users, Travelers, and Hosts consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum that it may now or hereafter have to the venue of any legal proceeding arising out of or relating to the Terms & Conditions.
Unless otherwise stated, all notices, demands, requests, consents and approvals which may or are required to be given or made pursuant to any provision of the Terms & Conditions shall be in writing and shall be either personally delivered, sent by registered mail, postage prepaid, except during a real or before an anticipated mail strike in Canada, or sent by telex, telecopier or similar method of recorded communication, charges prepaid (confirmed on the same or following day by registered mail). Any notice given by: (i) personal delivery shall be deemed to have been received on the date of delivery; (ii) registered mail shall be deemed to have been received on the fourth business day after which it was so mailed; and (iii) telex, telecopier or similar method of recorded communication shall be deemed to have been received on the next business day following the date of its transmission. Any notice given shall be sent to the mailing address provided in the Account.
The divisions of these Terms& Conditions and headings included herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Notwithstanding any rule or maxim of construction to the contrary, any ambiguity or uncertainty will not be construed against BAGSORTTM hereto by reason of the authorship of any of the provisions hereof.
The parties hereto have required that this Agreement and all documents or notices relating to this Agreement be drafted in the English language. Les parties aux présentes ont exigé que le présent acte et tout autre acte, document ou avis afférent ou ancillaire aux présentes soient rédigés en anglais.
BAGSORTTM agrees to deal with any complaint via email on the following email address: support@bagsort.com and will reply as quickly as possible.
No complaint of any kind will be accepted more than SEVENTY-TWO (72) hours after the Luggage return time indicated in the confirmed online booking summary.
For any question concerning this Website, please contact the Customer Care Service at info@bagsort.com.
The terms we, us, our, and Bagsort Services Corp hereinafter referred to as BAGSORTTM.
© 2019 BAGSORT SERVICES CORP.
Last Updated: 13 June 2019
[^1]: The Member must be EIGHTEEN (18) years and older with the legal capacity to enter into a contract. [^2]: By providing bank account details, the Host acknowledges and understands that an electronic wallet will be created at BAGSORTTM payment partner platform which allows BAGSORTTM to transfer the Service Fees to bank account associated with the Host. [^3]: Service Fees will be held in trust by BAGSORTTM for the benefit of the Host.