Contain an arbitration agreement and class action waiver that applies to all claims brought against Vacbid in the United States and all other countries . Please read them carefully. Thank you for using Vacbid !
These Terms of Service (“Terms”) are a binding legal agreement between you and Vacbid , governing your right to use Vacbid’s websites, apps, and other applications (collectively, the “ Vacbid Platform ”) . When used in these Terms, “ Vacbid ”, “we”, “us” or “our” refers to the Vacbid entity with whom you are Contracting .
The Vacbid Platform provides an online platform that allows users (“Members, Bid Evaluators”) to post, offer, search and book services. Members who post and offer services are "Quote Evaluators" and Members who search for, book or use services are "Guests" . Offer Evaluators can enter Accommodation, Experience, Car Rental services on the Vacbid Platform or evaluate Flight, Bus, Transfer price offers made by Guests. From now on, all these activities will be referred to as the services that Proposal Evaluators enter into the platform or the proposals they evaluate. To access and use many features of the Vacbid Platform, you must register an account and keep your account information accurate. As the provider of the Vacbid Platform, Vacbid does not own, control, provide or manage any Registration or Quote Evaluator Services. Vacbid is not a party to direct contracts between Bid Evaluators and Guests or other service providers, nor is Vacbid a real estate broker, travel agent or insurer. Vacbid does not act as an agent in any capacity for any Member, Bid Evaluator or Guest.
Bid Evaluator , you are responsible for understanding and complying with all laws, rules, regulations, and agreements with third parties that apply to your Bid Evaluator Services and the bids you evaluate.
Guest Terms
1. Our mission.
Our mission is to create a world where you can travel anywhere within your budget. Offer prices for accommodation, experiences, rental cars, flights and bus transfers in line with your budget. View Bid Evaluator profiles and learn more about the service you will bid on. If you have questions, message your Proposal Evaluator.
2. Search and Book on Vacbid .
2.1 Search . You can search for Bid Evaluator Services using criteria such as the type of Service that Bid Evaluators add to the platform, travel destination, travel dates and number of guests . You can also use filters to refine your search results . Search results are based on their relevance to your search and other criteria .
. 2.2 Make an Offer . The quote you submit to the Bid Evaluator service as a result of your search is your quote for which you would like to benefit from the bid evaluator services. Your quote is evaluated by the Quote Evaluator and if your quote is accepted, your quote is approved and payment is requested from you. You must make your payments within 5 (five) days at the latest. If you do not make payment within the required time, your quote will be canceled and the next best offer will be evaluated.
2.3 Reservation Procedures. Offer evaluators complete your reservation within a reasonable time after your payment is made. After receiving your reservation information from the Offer Evaluators, you can confirm your reservation by calling the relevant property. It is entirely your responsibility to keep track of your reservation information.
2.4 Other Transactions. Proposal Evaluators handle all other processes. If a problem occurs, you can contact your Bid Evaluator.
3. Cancellations, Travel Issues, Refunds and Booking Changes.
3.1 Cancellations, Travel Issues and Refunds. Generally, if a Guest wishes to cancel a reservation, they will contact the Offer Evaluator. The Offer Evaluator cancels the reservation by contacting the representative of the booked service, travel or property. Generally speaking, when it comes to canceling a reservation, you will receive a partial refund if something beyond your control forces you to cancel your reservation. Otherwise, different services, trips and accommodations have different cancellation and refund policies. We recommend that you contact your Bid Assessor regarding this matter before making your booking.
3.2 Reservation Changes. You can make reservation changes for all services, travel and accommodations offered through our platform by contacting your Offer Evaluator. Additional payment amounts may arise due to reservation changes. If you accept, you can change your reservation by contacting your Offer Evaluator.
4. Your Responsibilities and Acceptance of Risk.
4.1 Your responsibilities. You are responsible and liable for your own acts and omissions, and are also responsible for the acts and omissions of anyone you invite to participate in or engage in any Accommodation, Experience or other Offer Evaluator Service. For example, you are responsible for leaving the accommodation in the same condition it was when you arrived. You are responsible for paying all reasonable claim amounts necessary to cover any damages incurred. You, your guest(s), or your pet(s) must act with integrity, treat others with respect, and comply with applicable laws at all times while in an Accommodation. If you are making a reservation for an additional minor guest or bringing a minor guest to the Bid Evaluator Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of such minor.
4.2 Your Acceptance of Risk. You acknowledge that many activities carry inherent risks and agree that you assume all risk arising from your access to and use of the Vacbid Platform and any Content to the fullest extent permitted by applicable law. Your stay at any Accommodation, participation in any Experience, use of any other Quote Evaluator services, or other interactions you have with other Members, whether in person or online, are subject to this acceptance of risk. This means that it is your responsibility to research to determine whether a Quote Evaluator Service is right for you. For example, the Proposal Evaluator Services may present risks of illness, bodily injury, disability, or death, and you freely and willingly assume these risks by choosing to participate in this Proposal Evaluator service.
Bid Evaluator Terms
5. Being a Bid Evaluator on Vacbid
5.1 Bid Evaluator . Bid Evaluators can register with Vacbid by applying for a Bid Evaluator. Offer Evaluators have the freedom to add an Accommodation, Experience, Car Rental, Flight, Bus Seats or Transfers to the Vacbid system and evaluate it as desired. The services they will add, trips, etc. Even if things do not belong to them, they can add them to Vacbid and evaluate them, but they are entirely responsible.
5.2 Making Contracts with Guests. When you accept a quote for a service added by Quote Assessors to Vacbid or when a reservation is made through the Vacbid Platform, you enter into a direct contract with the Guest and are obliged to offer the service based on the quote provided by the Guest. In addition, Vacbid is charged with the service fee and all other taxes, deductions, etc. You also agree to pay any deductions. Vacbid will deduct these deductions from guest payments unless a different agreement is reached. All agreements and terms you make with the guest must be consistent with Vacbid services and terms and must be prominently listed in the services you list.
5.3 Independence of Bid Evaluators . Your relationship with Vacbid is that you are an independent person or entity and not an employee, agent, joint venturer or partner of Vacbid . Vacbid acts as a payment collection agent. Vacbid checks whether you evaluate the offers for the services you added as a Bid Evaluator. It has the authority to transfer all the services you have added or evaluated to another Offer Evaluator if it detects that you have not evaluated the offers for your services within 24 hours or that you have not forwarded the Guest offers to the original owner of the service you offer, even if you have evaluated the offer. As a matter of fact, when such a problem is encountered, guest dissatisfaction and failure to forward the price offers given by the guests to the relevant party are considered as service sabotage by Vacbid . If an action considered as service sabotage is detected, you will not be able to receive your accumulated commissions in your Vacbid account.
6. Manage the Services You're Logged In or the Services You're a Bid Evaluator
6.1 Creating and Managing Entries. Vacbid Platform provides tools that make it easy for you to create and manage a registry. The services you add to the Vacbid Platform must contain complete and accurate information. It is your responsibility to always keep the information and images of the service you enter up to date and accurate. You can only have one record on the Vacbid Platform for the service you entered . More than one listing may cause confusion by causing Guests to submit duplicate quotes. The service added by one Proposal Evaluator cannot be added by another. Vacbid platform performs this control, but if you detect that someone else has added a service that the Bid Evaluator has added, please let us know. It will be removed as soon as possible. In this case, if the Bid Evaluators come into conflict, the service that the Bid Evaluator added previously will remain live. Other duplicate records will be deleted or the Bid Evaluator will be informed to update them. Duplicate registration in this case must be updated within 24 hours of notification.
6.2 Know Your Legal Obligations. It is your responsibility to understand and comply with all laws, rules, regulations and third-party agreements that apply to the service you have added to the Vacbid Platform or the offer you are considering. You are responsible for the processing and use of guests, bidders or members' personal data in accordance with privacy laws and these Terms.
6.3 Search Rankings . Search rankings on the Vacbid Platform are carried out with various parameters and algorithms determined by Vacbid . Vacbid may charge you a fee to stand out in the rankings . Necessary The rankings may differ between the portal and the mobile application .
6.4 Your responsibilities . You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in the provision of the Quote Evaluator service. It is your responsibility to determine the rules and requirements for your service registration. You must disclose any extra fees and charges in the listing description. However, you cannot request additional fees or expenses from Guests other than the price quote given by the Guest. Do not encourage guests to create accounts and purchase the service on another platform in violation of these terms.
6.5 Evaluating Proposals as a Team or Organization . You can work as a Proposal Evaluator as part of a team, business or other organisation . Remember that every organization and every individual is responsible and liable for the provision of the Bid Evaluation service. As a Bid Evaluator, you may wish to receive your payments to these organizations. In this case, you are obliged to notify us and provide accurate information. Even though you inform us that an organization will perform the Bid Evaluator duty, if this organization does not fulfill its Bid Evaluator duty, the responsibility is yours.
6.6 Your Acceptance of Risk . You acknowledge that Bid Reviewing carries inherent risks and agree to assume all risks arising from your access to and use of the Vacbid Platform, your provision of the Quote Reviewing Service, or any interactions you have with other Members, whether in person or online . You acknowledge that you have had the opportunity to investigate the Vacbid Platform and any laws, rules, regulations or obligations that may apply to your Registrations or Quote Evaluator Services and that you have not relied on any statements of law made by Vacbid .
7. Cancellations, Travel Issues and Reservation Changes.
7.1 Cancellations and Travel Issues . As a Bid Evaluator , you must not cancel a Guest's Reservation without a valid reason under applicable law. If such a cancellation occurs, we may incur cancellation fees and other consequences. We may also accommodate the Guest with a service of the same quality as the Service for which you are the Offer Evaluator , by seizing your accumulated payments on the Vacbid Platform or by seizing payments to which you will be entitled in the future.
7.2 Reservation Change. Bid Evaluators may make reservation changes to any service they offer. However, this reservation change is made with the consent of the Guest. Reservation cannot be changed without the guest's consent. If Bid Evaluators make a reservation change and any additional amount arises, Bid Evaluators must make this additional payment. They cannot demand it from the guest.
8. Taxes .
8.1 Bid Assessor Taxes . All applicable taxes you must pay as a Bid Assessor.
8.2 Collection and Remittance by Vacbid . In regions where Vacbid facilitates tax collection or remittance on behalf of Bid Evaluators; You authorize Vacbid to collect taxes on your behalf and send them to the tax authorities. You acknowledge and agree that we reserve the right to suspend the collection and remittance of taxes in any jurisdiction for any reason.
8.3 Tax Information . You agree that we may stop the taxes we deposit on your behalf in certain regions, request all tax-related documents from you, and issue invoices and or similar documents on your behalf for taxes.
General Terms
9. Reviews .
Following each Bid Evaluator service, Guests and Bid Evaluators have the opportunity to review each other. Comments or similar content made during this review phase are not verified by Vacbid and may be inaccurate or misleading.
10. Content .
Vacbid Platform is considered content. You are solely responsible for all content you provide, and you warrant that you own that content or are authorized to grant Vacbid the rights described in these Terms . You will be responsible and liable if any of your content infringes or violates any third party's intellectual property or privacy rights. Content may not be discriminatory, obscene, harassing, deceptive, violent or illegal, among other things. You acknowledge that Vacbid may use some tools to translate content. Vacbid does not guarantee the accuracy or quality of translations and Members are responsible for verifying the accuracy of such translations.
11. Fees .
Vacbid may charge fees ( and applicable taxes) from Bid Evaluators, Visitors , Members and all services added by Bid Evaluators and all offers they evaluate for the right to use the Vacbid Platform. Service fees are non-refundable unless otherwise stated on the Vacbid Platform. Vacbid reserves the right to change service fees at any time. When service fees are changed, they are announced on the Vacbit Platform and are valid for all reservation transactions that have not been made until then.
12. Necessary Platform Rules .
12.1 Rules . You must follow these rules and not help or encourage others to break or circumvent these rules.
12.2 Reporting Violations . If you believe that a Member, Listing or Content poses a risk of harm to a person or business or violates our standards, you should report your concerns to Vacbid . You acknowledge that we are not obligated to take action in response to any report except as required by law.
12.3 Copyright Notices . If you believe that content on the Vacbid Platform violates copyright, please first contact the Bid Evaluator who owns the content . If you cannot find a solution, please inform us with the information on which you cannot find a solution .
13. Termination, Suspension and Other Measures .
13.1 Duration . The contract between you and Vacbid reflected in these Terms comes into force when you access the Vacbid Platform and remains in force until you or we terminate the contract in accordance with these Terms.
13.2 Termination . You can terminate this agreement at any time by emailing us or deleting your account. Vacbid may terminate this agreement and your account for any reason upon prior notice via email or using other contact information you have provided for your account. Vacbid may terminate this agreement without immediate notice and stop providing access to the Vacbid Platform if you breach these terms, fail to comply with any legal terms or breach our policies, or if we reasonably believe that termination is necessary to protect Vacbid . If your accounts have been inactive for more than two years, we may terminate your accounts without notice.
13.3 Member Violations . If you breach these Terms and any of our other terms , violate any applicable laws, regulations or third party rights, or if Vacbid believes it is reasonably necessary to protect Vacbid , Members or third parties; Vacbid may, with or without prior notice:
For minor violations or in other appropriate cases as determined by Vacbid in its sole discretion, you will be notified of the action Vacbid intends to take and given the opportunity to resolve the problem. You may object to actions taken by us under this Section by contacting us by email. If a Reservation is canceled pursuant to this Section, the amount we refund or otherwise provide to the Guest and any other costs we incur as a result of the cancellation will be deducted from your commissions and any further commissions you earn thereafter.
13.4 Legal Powers . Vacbid may take any action it determines is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described in Section 13.3 above .
13.5 Effect of Termination . If you are a Bid Evaluator and you terminate your Vacbid account, all of your content will be transferred to another bid evaluator and your payments, if any, will be made to our newly appointed Bid Evaluator. If you terminate your account as a Guest, all confirmed reservations will be automatically canceled and any refund will be subject to the terms of the Reservation's cancellation policy. Once this agreement is terminated, you will not have the right to request restoration of your account or any of your Content . If your access to or use of the Vacbid Platform is limited, or if your Vacbid account has been suspended or this agreement has been terminated by us, you may not open a new account or access or use the Vacbid Platform through someone else's account.
13.6 Survival . The portions of these Terms that by their nature survive termination shall survive termination of this agreement , including Sections 2 through 26.
14. Amendment .
Vacbid may change these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Vacbid Platform and update the “Last Updated” date at the top of these Terms. Additionally, we will notify you on our platform of any material changes at least 30 days before the effective date. If you do not agree to the amended Terms, you may terminate this Agreement immediately as provided in these Terms. If you do not terminate your Agreement before the effective date of the revised Terms , your continued access to or use of the Vacbid Platform will constitute acceptance of the revised Terms.
15. Resolution of Complaints and Damage Claims.
You can contact your Bid Evaluator with any complaints . In case of any damage claim, please contact the Guest directly. As Vacbid, we do not accept notifications and responsibilities regarding damage claims or assume any liability.
16. Role of Vacbid.
We provide the service of offering quotes to our valued members for empty rooms of accommodation establishments, empty dates of experiences, idle rental cars, empty seats of planes and buses, and empty parts of transfers. While providing this service, our Quote Evaluators forward your price offers to the business from which you will receive the relevant service and host you . We receive your payments securely and deliver them securely to the relevant service providers and Offer Evaluators. We ensure the security of the operation of the Vacbid Platform, ensuring that you receive quality service in line with your budget, more safely and more cheaply. Vacbid does not act as any agent.
17. Member Accounts.
To access and use many features of the Vacbid Platform, you must register an account. Registration is only permitted for legal entities, partnerships and natural persons aged 18 or over. You represent and warrant that you are not a person or entity barred from using the Vacbid Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current and complete information during registration and keep your account information up to date. You cannot open more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and you may not disclose your credentials to any third party . You are responsible and liable for activities that occur through your account, and you must notify Vacbid immediately if you suspect that your credentials have been lost, stolen, or your account has been otherwise compromised . If and to the extent permitted by applicable law, we may ask you to provide identification or other information, conduct checks designed to help verify your identity or background, and screen you against third parties, but we have no obligation to do so.
18. Disclaimer of Warranties.
The Vacbid Platform and all Content “as is” without warranty of any kind and disclaim all warranties, express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Bid Evaluator, Bid Evaluator Service, Listing or third party; We do not guarantee the performance or uninterruption of the Vacbid Platform; andWe do not guarantee that verification, identity or background checks performed on Lists or Members (if any) will detect past abuse or prevent future abuse. Any reference to a Member or Registration being “verified” indicates only that the Member or their Registration or Vacbid has completed the relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the fullest extent permitted by law. If you have legal rights or warranties that we cannot disclaim, the duration of such legally required rights or warranties will be limited to the maximum extent permitted by law.
19. Limitations of Liability .
Neither Vacbid ( including its affiliates and personnel ) nor any party involved in creating, producing or providing the Vacbid Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or losses. will not be responsible for any damages incurred as a result. We accept no liability. We do not accept any liability.
20. Compensation .
We do not accept any compensation for any transaction or similar situation contained within the Vacbid Platform.
21. Administrations .
You can only become a party with our official address in the country we serve. You can only apply to our official address and the country where we are officially established.
22. Governing Law and Venue .
You can only apply to the judicial bodies at our official address in the Country where we are established.
23. Dispute Resolution and Arbitration Agreement .
23.1 Application . This Arbitration Agreement will only be entered into for you if your country of residence or incorporation is located in the Country or official address of Vacbid . If your residence or establishment is in a different country, arbitration will be held in the Country determined by Vacbid .
23.2 Dispute Resolution Process Overview . Vacbid is committed to participating in a consumer-friendly dispute resolution process. For this purpose, you must first resolve your dispute with the Bid Evaluator from whom you receive the service. If it is not resolved later, you can resolve it by contacting us via e-mail, even though we are not a party to it.
23.3 Dispute Resolution and Notification Before Mandatory Arbitration . At least 30 days before initiating arbitration, you and Vacbid agree to notify the other party of the dispute in writing and attempt to negotiate in good faith an informal resolution. You must email your notice of dispute to Vacbid's service representative. Vacbid will send notice of the dispute to the email address associated with your Vacbid account. A notice of dispute must include: the name of the party and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then can either party initiate arbitration by submitting a written Demand for Arbitration to the arbitral tribunal and providing a copy to the other party. No matter what, first try to find a solution and arbitration with your Offer Evaluator regarding the service you received.
23.4 Arbitration Agreement . You and Vacbid shall agree that any dispute, claim or controversy arising out of or relating to these Terms or their applicability, breach, termination, validity, enforcement or interpretation, or any use of the Vacbid Platform, the Quote Evaluation Services or any Content shall be resolved by binding individual arbitration ( It will be resolved through the “Arbitration Agreement”) . If there is a dispute about whether this Arbitration Agreement is enforceable or applies to our Dispute, you and Vacbid agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement . You and Vacbid agree that the following causes of action and/or claims for relief are exclusions to the Arbitration Agreement and that judicial proceedings shall be instituted in a court of competent jurisdiction: any claim or assertion that a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights are actual or cause of action alleging threatened infringement, misappropriation or infringement; any claim or cause of action seeking immediate injunctive relief based on exigent circumstances (e.g., imminent danger or the commission of a crime, hacking, cyberattack) ; or a request for relief from public injunction; or any individual allegation of sexual assault or sexual harassment arising from your use of the Vacbid Platform or Host Services. You and Vacbid agree that public injunctive relief shall survive the arbitration of all arbitrable claims, remedies, or causes of action and shall be stayed pending the outcome of the arbitration.
23.6 Arbitration Rules and Governing Law . The person seeking arbitration must know that he/she will meet certain requirements under applicable law. The arbitration shall take place in such state or country as Vacbid may designate. When choosing a country, the country where Vacbid's official address is located will be taken into account.
23.7 Arbitration Hearing/Venue . In order to make arbitration most convenient for you , Vacbid agrees that any required arbitration hearings may be conducted at your option: by telephone or video conference. If the amount in dispute is $5,000 or less, the parties agree to proceed only by submitting documents to the arbitrator.
23.8 Attorney Fees and Expenses . Either party may request that the arbitrator award attorneys' fees and costs by proving that the other party has asserted a claim, cross-claim, or defense that is factually or legally unfounded, bad faith, or abusive, or shall be assessed to the fullest extent permitted by applicable law.
23.9 Arbitrator's Decision . The arbitrator's decision shall contain the essential findings and conclusions on which the arbitrator based the decision. Judgment on the arbitration award may be entered in any court of appropriate jurisdiction. The arbitrator may award any relief permitted by law, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the plaintiff's individual claim.
23.10 Waiver of Jury Trial . You and Vacbid acknowledge and agree that we each waive the right to a trial by jury with respect to any arbitrable Disputes.
23.11 No Class Action or Representative Action . You and Vacbid acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any class action, class arbitration, private attorney general action, or any other class proceeding. Unless agreed to in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of a class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph with respect to any claim, cause of action, or requested relief, then such claim, cause of action, or requested relief shall be terminated solely by such claim, cause of action, or claimed relief. The requested remedy shall be severed from this agreement and submitted to a competent court for arbitration. In the event of a claim, cause of action, or requested relief being severed pursuant to this paragraph, you and we agree that any non-arbitrable claim, cause of action, or requested relief shall be stayed until all non-arbitrable claims, causes of action, or requested relief have arisen. The case and the requested remedies are decided by the arbitrator.
23.12 Divisibility . Except as provided in Section 23.11, if any part of this Arbitration Agreement is deemed illegal or unenforceable, that provision shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
23.13 Changes to Arbitration Agreement . If Vacbid changes this Section 23 after the date you last accepted these Terms, you may reject such change by sending us written notice ( including email ) within 30 days of the effective date of the change. However, rejecting a new amendment will not revoke or modify your prior consent to any prior agreement between you and Vacbid to arbitrate any Dispute; this will remain valid and enforceable with respect to any Dispute.
23.14 Survival . These terms will survive any termination of the Terms and will continue to apply even if you stop using the Vacbid Platform or terminate your Vacbid account.
24. Rest of the World Dispute Resolution, Venue and Forum, and Governing Law . If you are acting as an individual consumer and the mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial to you, these provisions will apply regardless of the choice of law of the Country in which Vacbir has its official address. As an individual consumer, you may bring any legal action related to these Terms before the competent court of your place of residence or the competent court of Vacbid's place of business in the country where its official address is located. If Vacbid wishes to enforce any of its rights against you as a consumer, we may only do so in the courts in the jurisdiction in which you reside. If you operate as a business, you agree to submit to the exclusive jurisdiction of the courts of the Country of Vacbid official address.
25. Miscellaneous .
25.1 Other Terms Incorporated by Reference . In the Terms, Vacbid may publish policies and additional terms in addition to these terms. You are deemed to have accepted all published additional terms and policies and they form part of your agreement with Vacbid .
25.2 Interpretation of These Terms . These Terms, to the extent they may be supplemented by additional terms, conditions, policies, guidelines, standards and in-product descriptions, constitute the entire agreement between Vacbid and you regarding your access or use thereof. It supersedes any prior oral or written agreements or understandings between you and the Vacbid Platform and Vacbid . These Terms do not and are not intended to confer any rights or remedies on anyone other than you and Vacbid . Unless otherwise stated by Vacbid , if any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed void and shall not affect the validity and enforceability of any remaining provisions. Wherever the word “will” is used in these Terms, it indicates an obligation with the same meaning as “shall”.
25.3 No Waiver . Vacbid's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to any other remedies available under these Terms or permitted under law.
2 5.4 Assignment . You may not transfer, transfer or assign this agreement or your rights and obligations under this agreement without Vacbid's prior written consent. Vacbid may transfer, transfer or assign this agreement and the rights and obligations under this agreement, at its sole discretion, without restriction and without prior notice.
25.5 Notice . Unless otherwise stated, any notices or other communications to Members permitted or required under this agreement will be provided electronically and will be provided by Vacbid via email, Vacbid Platform notification, messaging service or other communication methods we enable.
25.6 Third Party Services . Necessary The Platform may contain links to third-party websites, applications, services or resources that are subject to different terms and privacy practices . Vacbid is not responsible or liable for any aspect of such Third Party Services, and any links to such Third Party Services do not imply an endorsement.
25.7 Google Terms . Some translations on the Vacbid Platform are powered by Google. Google disclaims all warranties, express or implied, regarding the translations, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement . Some areas of the Vacbid Platform implement Google Maps/Earth mapping services, including Google Maps APIs . Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service .
25.8 Apple Terms . Apple App to Our Application If you access or download from the Store , you agree to Apple's Licensed Application End User License Agreement .
25.9 Vacbid Platform Content . Content made available through the Vacbid Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You agree that all intellectual property rights in such Content are the exclusive property of Vacbid and/or its licensors and that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, publish or otherwise use any Content accessed through the Vacbid Platform, except to the extent that you You cannot exploit it. Subject to your compliance with these Terms, Vacbid grants you the right to download and use the App on your personal devices ; and grants you the right to access and view Content made available on or through the Vacbid Platform solely for your personal, non-commercial use.
25.11 Force Majeure . Vacbid shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including , but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire . Floods, accidents, epidemics or diseases, strikes or shortages in transportation facilities, fuel, energy, labor or materials are force majeure . Vacbid does not accept any liability in these cases.
25.12 Emails and SMS . You will receive administrative communications from us using the email address or other contact information you provided for your Vacbid account. Signing up for additional email subscription programs will not affect the frequency of these administrative emails; however, you should expect to receive additional emails specific to the program(s) you have subscribed to. You may also receive promotional emails from us. There is no charge for these promotional emails, but third-party data charges may apply. You can control whether you receive promotional emails by using the notification preferences in your account settings. Please note that if you disable certain communication settings or do not have a Vacbid account, you will not be able to benefit from certain promotions .
25.13 Contact Us . If you have any questions about these Terms, please email us .