As used in this Agreement, “www.Buckitron.com", "we," "us," and "our" shall mean Buckitron and its subsidiaries and affiliates. The Website/App offers an online platform through which individuals and companies may create a profile to connect with potential Hosts or Guests for publishing Host Services on Buckitron and to communicate and transact directly with Guests that are seeking to book such Host Services based on their individual needs and specification. However, Buckitron is not in any way involved in such transactions as it is not a party to such transactions and has no control over any element of such transactions.
This Service and the Website/App is available only to individuals above 18 years of age or registered companies. By using any of the Services and the Website/App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website/App and the Services. The terms form a legally binding agreement between you and Buckitron in relation to your use of the Website/App and/ or the Services and applies to all users of the Services, whether registered or not, on the Website/App.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website/App and/or through the Services, and you agree to be bound by such modifications or revisions. Although Buckitron may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website/App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Buckitron is a trusted community marketplace where Hosts and prospective Guests may establish relationship. In this relationship, its elements are of critical importance. As the provider of the service, Buckitron does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Buckitron an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. Buckitron is not acting as an agent in any capacity for any Member.
Buckitron shall charge service fees to Hosts and/or Guests in consideration for the use of the platform. Buckitron reserves the right to change/alter such fees anytime without any prior notice. The Service fees to use the Site and Site Services are paid solely by the Guest. When a Guest pays the Host, or when funds related to an Engagement are otherwise released to a Host after the services provided by the Host are complete, the Escrow will credit the Host Account for the full amount paid or released, and then subtract and disburse to Buckitron a service fee. Pursuant to the User Agreement, Escrow charges creators a Service Fee for each Engagement.
Payment processing services for Hosts and/or Guests on Buckitron are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a Host and/or Guest on Buckitron, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Buckitron enabling payment processing services through Stripe, you agree to provide Buckitron accurate and complete information about you and your business, and you authorize Buckitron to share it and transaction information related to your use of the payment processing services provided by Stripe.
Buckitron has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Buckitron does not endorse any Member, Listing or Host Services.
Any such description is not an endorsement, certification or guarantee by Buckitron about any Member, including Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, or communicate and interact with other Members, whether online or in person.
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information and provide the necessary documents (e.g. government issued identification); (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to firstname.lastname@example.org if you discover or otherwise suspect any security breaches related to the Services.
You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Buckitron does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Buckitron’s domain or other means of electronic communication, whether through the Website/App or another Third Party Website/App (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website/App and the Service ("Content"); and that by using the Website/App and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Buckitron be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing.
Members will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. You acknowledge and agree that Buckitron cannot and does not pre-screen or approve any Content, but that Buckitron has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Buckitron’s knowledge or for any other reason or no reason at all. Furthermore, the Website/App and Content available through the Website/App may contain links to other third party Website/App ("Third Party Website/Apps"), which are completely unrelated to Buckitron. If you link to Third Party Website/Apps, you may be subject to those Third Party Website/Apps' terms and conditions and other policies. Buckitron makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website/App, and your linking to any other Website/App is completely at your own risk and Buckitron disclaims all liability thereto.
The member shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website/App. However, by submitting any Content on the Website/App, you hereby grant to Buckitron an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website/App (and its successors').
You agree and understand that Buckitron does not undertake any verification to confirm the accuracy of any information provided by the members on the Website/App or to a Host or Guest, as the case maybe. Buckitron will not be liable to any Users/members in the event that any information provided by other members is false, incomplete, inaccurate, misleading or fraudulent.
Buckitron does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Buckitron expressly disclaims any and all liability in connection with member’s Content.
The Host acknowledges and agrees:
That he/she unequivocally declares that the property is free, clear of all levies and liens and encumbrances. That he/she will ensure that the property shall not be used for any fraudulent, unlawful or criminal activity.
That the Host shall have all the valid documents to prove his/her exclusive title to the property. To make it abundantly clear, it is stated with stress that property is not subject matter of dispute directly or indirectly or remotely. That all prospective Guests shall be informed, at the earliest, of any changes in the availability of the listing whatsoever, after being posted on the Website/App. That as a host he/she shall not offer, any Accommodation that he/she does not own or have permission to make available as a residential or other property through the Buckitron Platform As a Host they are solely responsible for determining their obligations to report, collect, remit or include in their Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes.
The Guest acknowledges and agrees:
That the property shall not be used for any kind of fraudulent, unlawful or criminal activity. If the Guest has chosen any property and later does not wish to proceed with it, the Host shall be informed accordingly at the earliest.
Guest acknowledges obligation to confirm with Host that property has valid relevant documents.
That Guest shall not use the services with any negative intentions. You also agree to pay the applicable Host Fee and any applicable Taxes If the Guest or Host fail to comply with any of these terms Buckitron reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the Website/App.
When you send an e-mail or chat electronically with Buckitron, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Buckitron provides to you electronically satisfy legal requirements that such communications be in writing.
By accepting the terms and conditions contained herein, every member hereby agrees and gives consent to Buckitron to communicate via phone calls, SMS, email and such other means as Buckitron may deem fit. Buckitron will contact users/members when they do not participate in the reputation system. Members are expected to rate each other and leave their comments on the Website/App. Buckitron may contact its members, if requested by one of the users/members, if they are violating some of the regulations or if they are suspicious of identity fraud.
Generally, a User Account will be considered active until they deactivate or delete it. Buckitron takes steps to verify the credentials and company status of its members. We do not guarantee that the Website/App or any content contained on the Website/App will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended.
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Buckitron or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Buckitron will not be liable on account of any inaccuracy of information on this web Website/App. It is the responsibility of the visitor to further research the information on the Website/App. The user undertakes not to duplicate, download publish, modify and distribute material on Buckitron unless specifically authorized by Buckitron in this regard.
As a Guest, in cases where accommodation is offered as part of the listing or the listing itself is the accommodation, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any additional guest member (if applicable). As an abundant caution it is clarified Guests cannot invite people to stay in the listing’s accommodation unless:
Any and all contents and services (including advertising) within Buckitron that are not owned by Buckitron are "third party content and services." Buckitron acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition and without limiting the generality of the foregoing, Buckitron may include links to Website/Apps operated by third parties, including advertisers and other content providers. Those Website/Apps may collect data or solicit personal information from you. Buckitron does not control such Website/Apps, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Website/Apps may collect.
This Website/App and all content forming part of the Website/App, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the United States.
You acknowledge and agree that Buckitron owns, controls or is licensed all legal right, title and interest in and related to the Website/App, including all intellectual property rights. You may not:
The information presented on or through the Website/App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/App, or by anyone who may be informed of any of its contents.
NEITHER BUCKITRON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BUCKITRON PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE BUCKITRON PLATFORM. IN NO EVENT SHALL BUCKITRON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUCKITRON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BUCKITRON SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY BUCKITRON FROM ITS FACILITIES IN UNITED STATES. BUCKITRON MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. BUCKITRON IS NOT A PARTY TO ANY AGREEMENT BETWEEN A HOST AND GUEST AND WILL NOT BE LIABLE TO EITHER THE HOST OR THE GUEST. FURTHERMORE, BUCKITRON SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF: A FALSE, MISLEADING, INACCURATE OR INCOMPLETE INFORMATION BEING PROVIDED BY A MEMBER; ANY FAILURE TO MAKE PAYMENT TO THE HOST; ANY FRAUD, FRAUDULENT MISREPRESENTATION OR BREACH OF DUTY OR BREACH OF ANY OF THESE CONDITIONS BY A HOST OR GUEST BEFORE, LISTING THE PROPERTY.
YOUR USE OF THE WEBSITE/APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP IS AT YOUR OWN RISK. THE WEBSITE/APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE/APP. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE/APP WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE/APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE/APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE/APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE PUBLIC AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF BUCKITRON AND BUCKITRON CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Buckitron reserves the right, in its sole discretion to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Buckitron, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Buckitron or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Buckitron shall not provide any refunds or be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Courts of United Sates, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Florida. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the province of Florida, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in Florida, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at email@example.com.