Terms of Service
1- OWNERSHIP OF SITE; AGREEMENT TO TERMS OF SERVICE
These Terms and Conditions of Service (the "Terms of Service") apply to the Luxe Bag Rental website located at www.luxebagrental.ca (the "Site"). The Site is the property of Luxe Bag Rental ("Luxe Bag Rental", "we," "us," or "our"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Luxe Bag Rental reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Luxe Bag Rental grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Luxe Bag Rental, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Luxe Bag Rental's express prior written consent.
You may use information on Luxe Bag Rental products and services (such as data or product sheets, blog or news articles, and similar materials) purposely made available by Luxe Bag Rental for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
3- YOUR USE OF THE SITE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Luxe Bag Rental reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Luxe Bag Rental server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Luxe Bag Rental, including any Luxe Bag Rental account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Luxe Bag Rental's systems or networks, or any systems or networks connected to the Site or to Luxe Bag Rental.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Luxe Bag Rental on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Luxe Bag Rental or others.
4- RENTALS; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to rentals and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Luxe Bag Rental's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Luxe Bag Rental may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Luxe Bag Rental makes no commitment to update the materials on the Site with respect to such products and services.
5- ACCOUNTS, PASSWORDS AND SECURITY
The services offered on or through the Site require you to open an account (including setting up a Luxe Bag Rental ID and password). You must provide the following information at the time of account creation: (i) username and password, and (ii) a valid e-mail address, and (iii) your address (for shipping and billing or credit checks, and (iv) your method of payment. Luxe Bag Rental will occasionally perform credit and/or background checks on customer accounts to determine eligibility for the Services.
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Luxe Bag Rental immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Luxe Bag Rental or any other user of or visitor to the Site due to someone else using your Luxe Bag Rental ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Luxe Bag Rental ID, password or account at any time without the express permission and consent of the holder of that Luxe Bag Rental ID, password or account. Luxe Bag Rental cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You are required to keep your account contact information, including your shipping address and your e-mail up-to-date so that Luxe Bag Rental can contact you regarding your account. You are also responsible for whitelisting “luxebagrental.ca” with your email provider so that Luxe Bag Rental communications do not end up in your spam/junk mail folder.
Luxe Bag Rental reserves the right to close a customer’s account at any time at Luxe Bag Rental's sole discretion.
7- LINKS TO OTHER SITES AND TO THE LUXE BAG RENTAL SITE
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Luxe Bag Rental's control, and Luxe Bag Rental is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Please be aware that we are not responsible for the content or privacy practices, of Linked Sties. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of Linked Sites. You should evaluate the security and trustworthiness of any Linked Sites yourself and will need to make your own independent judgment regarding your interaction with these Linked Sites. Luxe Bag Rental does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to Linked Sites of personal information. Nor for any transactions, operations, exchanges or contracts between our customers and any Linked Sites.
8- DISCLAIMER OF WARRANTY
LUXE BAG RENTAL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LUXE BAG RENTAL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LUXE BAG RENTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUXE BAG RENTAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LUXE BAG RENTAL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LUXE BAG RENTAL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Luxe Bag Rental reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9- LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Luxe Bag Rental be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Luxe Bag Rental has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Service, Luxe Bag Rental is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Luxe Bag Rental's liability shall in no event exceed the the total of any rental or similar fees paid by you with respect to any service or feature of or on the Site. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Luxe Bag Rental, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Luxe Bag Rental by any third party due to or arising out of or in connection with your use of the Site.
11- VIOLATION OF THESE TERMS
Luxe Bag Rental may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Luxe Bag Rental's rights or property, or the rights or property of visitors to or users of the Services, including Luxe Bag Rental's customers. Luxe Bag Rental reserves the right at all times to disclose any information that Luxe Bag Rental deems necessary to comply with any applicable law, regulation, legal process or governmental request. Luxe Bag Rental also may disclose your information when Luxe Bag Rental determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Luxe Bag Rental may preserve any transmittal or communication by you with Luxe Bag Rental through the Services, and may also disclose such data if required to do so by law or Luxe Bag Rental determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Luxe Bag Rental, its employees, users of the Services, and the public.
You agree that Luxe Bag Rental may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services.
You agree that Luxe Bag Rental may, in its sole discretion and without prior notice, terminate your access to the Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Services, or (4) unexpected technical issues or problems.
If Luxe Bag Rental does take any legal action against you as a result of your violation of these Terms, Luxe Bag Rental will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Luxe Bag Rental. You agree that Luxe Bag Rental will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.
12- GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of Calgary without regard to its conflicts of laws provisions. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Luxe Bag Rental and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canada export laws and regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Luxe Bag Rental with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Luxe Bag Rental with respect to such use are hereby superseded and cancelled. Luxe Bag Rental's failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Luxe Bag Rental of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Luxe Bag Rental and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
14- FEEDBACK AND INFORMATION
Any feedback you provide at this Site shall be deemed to be non-confidential. Luxe Bag Rental shall be free to use such information on an unrestricted basis.