Bookyrslf

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Bookyrslf Terms of Service

Effective: July 22, 2024

1. Acceptance of Terms; Modifications.

These Terms of Service (the "Terms") constitute a legally binding agreement between you and Bookyrslf, Inc., a company incorporated under the laws of British Columbia ("Bookyrslf," "we," "us," and "our"). These Terms govern your use of our software applications, resources, and services that enable and Providers to find each other, communicate, and arrange the provision of services. The Terms apply to all use of the Bookyrslf Service, accessed via our website at https://bookyrslf.com (including any subdomain or localized version), our mobile applications and websites, and our social media applications, along with our online or phone support offerings, or any other access point we provide.

BY CREATING AN ACCOUNT OR USING THE BOOKYRSLF SERVICE WITHOUT AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE BOOKYRSLF SERVICE.

We reserve the right to modify these Terms at any time. Such modifications will be effective immediately upon posting the revised Terms on the Bookyrslf Service. Your continued use of the Bookyrslf Service after any such changes have been posted signifies your acceptance of the updated Terms. We will make reasonable efforts to notify you of significant changes to the Terms, for example via email or through a prominent notice on our service. However, it is your responsibility to review the Terms periodically for changes.

2. Bookyrslf Service.

2.1 Nature of the Bookyrslf Service. Bookyrslf provides a multifaceted platform through a web application, mobile applications, and associated tools, which enables Guests ("Guests") and service providers ("Providers") to discover, interact, and transact with each other. The service includes emergency support, educational materials for Providers, and other resources to facilitate these interactions. Fees apply to certain services, detailed in Section 9.

2.2 Role of Bookyrslf. Bookyrslf serves as a neutral venue connecting Guests and Providers. We do not offer experiences or services directly, except for specified support functions. Bookyrslf makes no claims regarding the quality of services offered by Providers or the outcomes of any interactions. Providers operate independently, deciding themselves how to provide their services. Guests should exercise due diligence and independent judgment before engaging with Providers or Guests.

2.3 Release. You agree that Bookyrslf is not liable for any claims, injuries, loss, or harm arising from your interactions with other Guests. All activities conducted through Bookyrslf are at your sole risk, as detailed further in Section 15.

2.4 Guest-Provider Transactions. All transactions and agreements for services booked through Bookyrslf are strictly between Guests and Providers. Bookyrslf facilitates these transactions but is not a party to them. The specifics of refunds and cancellations are governed by Section 9.6.

2.5 Bookings. Transactions occur when both a Guest and Provider agree to a booking, establishing terms for services, which includes setting fees, scheduling, and cancellation policies. Bookyrslf provides the tools for creating and managing these bookings, but the acceptance of any booking is at the discretion of the receiving party.

2.6 Evaluating Providers. Guests are responsible for assessing the suitability of Providers. While Bookyrslf may provide limited screening of Providers, such as checking profiles and reviews, the accuracy and completeness of this information are not guaranteed.

2.7 Emergencies. Providers should have emergency contact information for Guests and are instructed to contact these or Bookyrslf in case of an emergency. Guests authorize Providers and Bookyrslf to make necessary medical decisions in emergency situations where they are unable to do so.

2.8 Consultation Services. Bookyrslf may offer access to third-party medical consultation services as an educational resource. These services are independent of Bookyrslf, and reliance on them should be combined with professional care.

2.9 Google Maps. Usage of Google Maps features and content through Bookyrslf is governed by Google’s terms and privacy policy. Guests agree to adhere to these terms and acknowledge that misuse of Google Maps features may result in suspension or termination from Bookyrslf.

3. Certification of Compliance with Applicable Law.

3.1 Age Requirements and Supervision for Minors. By accessing and using the Bookyrslf Service, you certify that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. Minors under the age of 18 may use the Bookyrslf Service only in the presence of a parent or legal guardian who agrees to be bound by these Terms of Service. You agree to comply with all laws, regulations, and standards applicable to your activities on and related to the Bookyrslf Service.

3.2 Responsibilities of Guests. As a Guest of the Bookyrslf Service, you commit to adhering to all relevant local, provincial, national, and international laws and regulations governing your use of the service. This includes ensuring compliance with laws affecting your interaction within the Bookyrslf community. It is your responsibility to be informed about and align with any legal requirements pertinent to your activities on the platform.

3.3 Responsibilities of Providers. As a provider on the Bookyrslf Service, you are responsible for conducting your sessions and interactions in strict adherence to all applicable local, provincial, national, and international laws. This includes obtaining all necessary licenses, adhering to safety regulations, and meeting industry standards relevant to your offered services. Acceptance of these Terms of Service confirms your commitment to uphold legal and ethical standards in your professional conduct on the platform.

3.4 Mutual Acknowledgement. Both Guests and Providers recognize that Bookyrslf is a facilitator and is not responsible for verifying or ensuring individual compliance with these laws and regulations. Each member of the Bookyrslf community—whether Guest or Provider—bears the full responsibility for understanding and adhering to the legal standards applicable to their participation on the platform. Failure to comply with these legal obligations may lead to the suspension or termination of your access to Bookyrslf services.

4. Use of the Bookyrslf Service; Suspension.

4.1 Your Conduct on the Bookyrslf Service. As a Guest of Bookyrslf, you are expected to uphold the following standards to ensure a positive and respectful environment:

  • Respect and Courtesy: Engage with all Guests and providers respectfully, courteously, and professionally.
  • Accuracy of Information: Ensure all information in your profile and communications is accurate and truthful.
  • Compliance with Policies: Adhere to all Bookyrslf policies, guidelines, and procedures, including privacy and payment policies, and service or cancellation guidelines.
  • Prohibited Activities: Refrain from unlawful, misleading, malicious, discriminatory, or harassing behaviors. Avoid spam, misinformation, and any actions that infringe on others' rights.
  • Intellectual Property: Respect the intellectual property rights of others. Do not share or post content that infringes on third-party rights.
  • Privacy and Confidentiality: Maintain the confidentiality of other Guests' personal information unless you have their explicit consent to share it.
  • Non-Circumvention: Use Bookyrslf’s provided channels for all bookings, communications, and transactions to uphold the integrity of the platform and its fee structure.
  • Feedback and Reporting: Provide constructive feedback and report any issues, concerns, or policy violations to help maintain the platform's integrity and safety.

4.2 Suspension and Termination. Bookyrslf reserves the right to suspend or terminate access to the service if:

  • Inappropriate Conduct: Your behavior is deemed inappropriate, unsafe, dishonest, or breaches our terms.
  • Platform Protection: It is necessary to protect the integrity of Bookyrslf, its Guests, or the public.

You may also suspend or terminate your use of Bookyrslf at any time for any reason. To deactivate your account, please contact us directly. Note that deactivation does not exempt you from fulfilling any outstanding payment obligations.

5. Registration; Account Security.

5.1 Account Creation. To access certain features of Bookyrslf, you must register and create an account. You are required to provide a username, password, and complete a Guest profile. When registering, you must provide accurate and up-to-date information. It is your responsibility to update your information should it change.

5.2 Account Integrity. You agree to:

  • Not impersonate another person or create an account for anyone other than yourself without permission.
  • Not create more than one personal account.
  • Not create another account if we disable your original account, unless you have our written permission to do so.

5.3 Security of Your Account. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us at [contact email/phone] if you become aware of or suspect any unauthorized use of your account or any other breach of security.

5.4 Compliance with Terms. By creating an account, you agree to comply with these Terms and acknowledge that your account may be terminated if you violate them.

6. Privacy.

6.1 Privacy Practices. Your privacy is important to us. All personal information collected and used from the Bookyrslf platform is governed by our Privacy Statement. This includes information collected through your use of Bookyrslf, as well as through any communications related to our service offerings.

6.2 Acknowledgment. By accessing or using Bookyrslf, you acknowledge that you have read, understand, and agree to the terms of our Privacy Statement. You also consent to the collection, use, and sharing of your personal data in accordance with this statement.

6.3 Updates to Privacy Practices. We may update our Privacy Statement from time to time. When we make changes, we will revise the date at the top of the statement. We encourage you to review the Privacy Statement periodically to stay informed about our practices and how we are protecting your information.

7. Your Content.

7.1 Content Submission. Bookyrslf allows you to submit or upload content, including text, photographs, images, videos, and reviews to your profile or in connection with promotional campaigns. Providers may create profile pages with photographs and details of their services, and transmit photos of Guests participating in these services. Guests can submit reviews of Providers.

7.2 License to Use Your Content. By submitting content, you grant Bookyrslf a non-exclusive, worldwide, royalty-free license to use, display, modify, reproduce, and distribute your content in connection with operating and promoting Bookyrslf. This license extends to our affiliates and trusted third parties we work with. The rights you grant in this license are for the limited purpose of operating and providing our services, improving Bookyrslf, and developing new ones. This license continues even if you stop using our services, but some services may offer you ways to access and remove content that was provided to those services.

7.3 Personal Rights. If your content includes personal elements like your name, voice, image, or likeness, you grant Bookyrslf the right to use them as part of the services, and you waive any claims of privacy, publicity, or other rights of a similar nature, except where not permitted by law.

7.4 Representations and Warranties. You represent and warrant that:

  • You own the content posted by you on Bookyrslf or otherwise have the right to grant the license set forth in this section.
  • Your content does not violate privacy, publicity, copyright, or other rights of any third party.
  • Your content complies with all applicable laws and regulations.

7.5 Content Moderation. Bookyrslf reserves the right, but not the obligation, to monitor and manage submissions to the platform. We can remove or edit submissions at our sole discretion without prior notice. You are solely responsible for maintaining backup copies of any content you post on Bookyrslf.

7.6 Reviews. Guests may provide public or private reviews. Please note that private reviews may still be accessible to third parties as permitted by our Privacy Policy and applicable law. Bookyrslf does not commit to maintaining or storing reviews indefinitely and is not liable for any claims related to the management or deletion of reviews.

8. Phone, Text and Mobile Communications.

8.1 Consent to Receive Communications. By using Bookyrslf, you consent to receive communications from us, which may include text messages, emails, and in-app notifications. These communications can encompass updates, promotional offers, service-related announcements, and other information pertinent to your account or use of the platform.

8.2 Text Messages and Mobile Communications.

  • Consent to Text Messages: By providing your phone number and opting in, you agree to receive SMS or MMS messages on your mobile device for the purposes outlined above. Standard message and data rates may apply as determined by your mobile carrier.
  • Automated Messages: You acknowledge that some text messages sent to you may be automated. Consent to receive text messages is not a condition for using Bookyrslf and its services.

8.3 Opt-Out Options.

  • Text Messages: You may opt-out of receiving text messages at any time by following the opt-out instructions provided in the message or by contacting our support team.
  • Emails and Other Communications: You can manage your preferences for other communications such as emails through settings provided in these communications or your account settings on Bookyrslf.

8.4 Updating Contact Information. You are responsible for maintaining accurate contact information in your account settings, including your phone number and email address. Keeping your contact details current ensures you receive all important communications from Bookyrslf without delay.

9. Fees & Payment.

9.1 Currency. All fees, deductibles, and other payments referenced on Bookyrslf are listed and payable in the local currency.

9.2 Fees for Guests. Guests may book experiences and services from Providers by completing a booking as described in Section 2.5. Upon accepting a booking, you, as a Guest, agree to pay the total amount indicated, which includes service fees payable to Bookyrslf. The Provider is responsible for performing the services, not Bookyrslf. All fees include applicable taxes where required by law.

9.3 Fees for Providers. Providers agree to provide services by accepting a booking as described in Section 2.5. You must confirm the booking before it expires. Once confirmed by both parties, the agreed price in the booking must be honored. Bookyrslf facilitates the transaction, collecting payment from the Guest at the time of booking and disbursing it to the Provider’s account 48 hours after the service is completed, subject to any holds under Section 9.7. Fees for Providers are calculated as a percentage of the fees a Guest agrees to pay and are exclusive of applicable taxes if a valid tax identification number is provided.

9.4 Service Fees. We charge service fees for facilitating transactions on Bookyrslf, detailed in the provided link. These are calculated as a percentage of the fees paid by a Guest to a Provider and are collected at each booking.

9.5 Payment Processing. Payment processing services on Bookyrslf are provided by Stripe, subject to the Stripe Services Agreement and the Stripe Connected Account Agreement ("Stripe Terms"). By using payment processing services through Bookyrslf, you agree to be bound by the Stripe Terms, and you authorize Bookyrslf to share transaction information with Stripe as necessary.

9.6 Cancellations & Refunds. Guests must follow the cancellation notice requirements specified in their booking terms. Fees may apply depending on the cancellation timing, outlined in the service agreement at the time of booking. Refunds are processed according to Bookyrslf’s refund policies, with options for rescheduling to avoid or reduce cancellation fees. Providers who cancel bookings may face penalties affecting their platform rating and could be subject to fees based on the cancellation's timing and frequency.

9.7 Payment Holds. Bookyrslf may place holds on payments to Providers under suspicion of fraudulent activity or for protection against potential liabilities. These holds are subject to review and resolution in line with Bookyrslf’s policies.

9.8 Authorization to Charge. You authorize Bookyrslf to charge your payment method for fees incurred as they become due. If payments cannot be processed, service provision may be affected. All fees are generally non-refundable except as explicitly stated in these Terms.

9.9 Taxes. You are responsible for all applicable taxes resulting from your transactions on Bookyrslf, excluding taxes on Bookyrslf’s income. In some jurisdictions, Bookyrslf may be required to collect taxes from you.

10. Copyright Infringement.

10.1 Notice and Takedown Procedure. Bookyrslf respects the intellectual property rights of others and expects Guestss of the platform to do the same. We will respond to clear notices of alleged copyright infringement in compliance with the Canadian Copyright Act.

10.2 Reporting Copyright Infringement. If you believe in good faith that your copyright has been infringed by content hosted on Bookyrslf, please provide our designated agent with the following information in writing:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Your name, address, telephone number, and email address so that we may contact you if necessary.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

10.3 Consequences of Infringement. Upon receiving a proper notice of copyright infringement, Bookyrslf will take appropriate action, which may include removing or disabling access to the allegedly infringing content. We will also notify the uploader of the infringement claim and may, at our discretion, terminate the accounts of repeat infringers in accordance with applicable law.

10.4 Counter-Notification. If you believe that the material you posted was removed by mistake or misidentification, you can send us a counter notification with evidence supporting your claim. The counter-notification should include your name, address, telephone number, a statement of consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is outside of Canada, for any judicial district in which Bookyrslf may be found, and a statement that you will accept service of process from the person who provided the original infringement notification or an agent of such person.

11. Third Party Services, Links.

11.1 Links to Third-Party Websites. Bookyrslf may contain links to third-party websites or resources. You acknowledge and agree that Bookyrslf is not responsible or liable for:

  • The availability or accuracy of such websites or resources.
  • The content, products, or services on or available from such websites or resources.

11.2 No Endorsement. Links to third-party websites or resources do not imply Bookyrslf’s endorsement of such websites or resources, or the content, products, or services available from them. You engage with any such links at your own risk and discretion.

11.3 Assumption of Risk. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites or resources. Bookyrslf does not guarantee that the third-party content is free from errors, viruses, or other harmful components and disclaims all liability related to your access to, use of, or transactions with such third parties.

12. Indemnity.

12.1 Indemnification Obligation. You agree to defend, indemnify, and hold harmless Bookyrslf, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your interactions with other Guests of Bookyrslf, whether online or offline;
  • Any breach of these Terms by you, including without limitation your warranties and obligations;
  • Any dispute or issue between you and any other Guest of Bookyrslf;
  • Your misrepresentations, fraudulent actions, or violations of applicable laws;
  • Any property damage or personal injury to third parties caused by your actions while using Bookyrslf;
  • The content, data, or information that you submit, post, transmit, or make available through the Bookyrslf platform.

12.2 Cooperation in Defense. You agree to cooperate fully with Bookyrslf in the defense of any claim that is the subject of your obligations under this section.

12.3 Control of Defense. Bookyrslf reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bookyrslf’s defense of such claim. You will not, in any event, settle any claim without the prior written consent of Bookyrslf.

13. Intellectual Property.

13.1 Ownership of Intellectual Property. Bookyrslf and its licensors retain all rights, title, and interest in and to the Bookyrslf platform, including any and all technology, software, and electronic documentation, as well as all content provided on Bookyrslf, except for the content that you legally own ("Your Content"). This encompasses all intellectual property rights and proprietary rights associated with the platform and its content. No rights are granted to you hereunder other than as expressly set forth herein.

13.2 Bookyrslf Trademarks. Bookyrslf owns all rights in and to its trademarks, service marks, brand names, and logos (the “Bookyrslf Marks”). If you are a Provider, subject to these Terms, Bookyrslf grants you a limited, revocable, non-exclusive, non-transferable license to use the Bookyrslf Marks solely in the form provided or approved by Bookyrslf, including for use on promotional materials or other marketing efforts specifically authorized in writing by Bookyrslf. This license is contingent upon you remaining in good standing on the platform. The rights to use the Bookyrslf Marks terminate immediately if your status as a Provider in good standing ceases, whether due to your own actions or if Bookyrslf suspends or terminates your rights to use the platform. Bookyrslf reserves the right to revoke this license at any time, at its sole discretion. All goodwill generated from the use of the Bookyrslf Marks will accrue solely to Bookyrslf.

13.3 Feedback and Improvements. You agree to grant Bookyrslf a perpetual, irrevocable, royalty-free license to use and incorporate into Bookyrslf any feedback, suggestions, or ideas for enhancement that you provide, without any obligation of compensation. This includes the right to further develop, market, and otherwise exploit such feedback in any manner, at Bookyrslf’s sole discretion.

13.4 Protection of Intellectual Property. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Bookyrslf or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You are also prohibited from using any robot, spider, other automatic devices, or manual process to monitor or copy any content from the platform.

14. Warranty Disclaimer for the Bookyrslf Service.

14.1 General Disclaimer. The information and materials provided on the Bookyrslf platform, including text, graphics, links, and other items, are offered on an "as is” and "as available” basis. Bookyrslf does not guarantee the accuracy, completeness, or timeliness of the materials or information on services or any other aspects of its website.

14.2 Content Provided by Guests. Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through Bookyrslf, but not directly by Bookyrslf, are those of their respective authors. These authors are solely responsible for such content. Bookyrslf does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any details posted by Guests or endorses any opinions expressed by Guestss.

14.3 No Implied Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOKYRSLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE BOOKYRSLF SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Bookyrslf does not warrant that the services will be secure, uninterrupted, free from computer viruses or other harmful components, error-free, or that defects will be corrected.

14.4 No Endorsement of Providers. Bookyrslf makes no representation or warranty regarding the suitability, reliability, timeliness, or accuracy of the services provided by any provider featured on the platform, whether express or implied. Guests are encouraged to independently verify the credentials and reviews of any providers they intend to engage with.

14.5 Limitation of Liability. In no event shall Bookyrslf be liable for any indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Bookyrslf platform, with the delay or inability to use the Bookyrslf platform or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Bookyrslf platform, or otherwise arising out of the use of the Bookyrslf platform, whether based on contract, tort, negligence, strict liability, or otherwise.

15. Limitation of Liability.

15.1 Exclusion of Certain Types of Damages. To the fullest extent permitted under applicable law, Bookyrslf will not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data, or goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, Bookyrslf. This includes, without limitation, damages related to any information received from Bookyrslf, removal of your profile or content from Bookyrslf, any suspension or termination of your access to Bookyrslf, or any errors, omissions, interruptions, or other inaccuracies in Bookyrslf's services. This limitation of liability applies even if Bookyrslf has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15.2 Cap on Liability. Except as prohibited by law, Bookyrslf’s total liability to you or any third party arising out of or related to Bookyrslf or these Terms shall not exceed the greater of (a) the total amounts paid by you to Bookyrslf during the twelve months prior to the event giving rise to the liability, or (b) 100 Canadian Dollars (CAD $100). This cap on liability applies regardless of the basis of the liability (whether contract, tort, statute, fraud, misrepresentation, or any other legal theory) and even if Bookyrslf has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

15.3 No Liability for Actions by Third Parties. Bookyrslf is not liable for actions taken by third parties, including other Guests of Bookyrslf, that are outside of Bookyrslf’s reasonable control. This includes any direct, indirect, incidental, special, consequential or exemplary damages resulting from your interactions with other Guests of Bookyrslf, both online and offline. This limitation applies to all claims, losses, and damages of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed, arising out of or in any way connected with such interactions.

15.4 Dispute with Other Guests. If you have a dispute with one or more Guests, you release Bookyrslf (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

16. Arbitration Agreement and Class Action Waiver.

16.1 Arbitration Agreement. This section governs the resolution of disputes between you and Bookyrslf. Except as provided in Section 16.5, all disputes arising under these Terms, with the exception of certain excluded claims, shall be resolved by binding arbitration in British Columbia, Canada. Excluded claims include those suitable for small claims court, claims initiated by Bookyrslf related to violations of Section 4.1, cases seeking urgent injunctive relief for intellectual property misuse, and any claims deemed unfit for arbitration by an arbitrator.

16.2 Agreement to Arbitrate. By agreeing to these Terms, you accept that disputes (other than Excluded Claims) will be resolved through arbitration, not in court. Arbitration will be conducted under the rules of the Vancouver International Arbitration Centre (VanIAC). The process will be held in English and determined by a single arbitrator in a cost-effective and timely manner. Details of the VanIAC rules can be found on their website.

16.3 Class Action Waiver. You and Bookyrslf agree that disputes will be arbitrated on an individual basis only. Class arbitrations, class actions, and any other representative actions are not permitted. The arbitrator may not consolidate claims of different parties into one proceeding.

16.4 Costs. Each party will bear their own costs in the arbitration, and the arbitrator will not have the authority to award attorneys' fees unless a claim is determined to be frivolous.

16.5 Pre-Arbitration Dispute Resolution. At Bookyrslf, we prioritize resolving disputes amicably and efficiently, aiming to avoid the formalities of arbitration whenever possible. Before initiating arbitration, you must contact us with a detailed description of your complaint and the remedy you seek,allowing us an opportunity to resolve it collaboratively. We encourage resolving disputes amicably when possible.

16.6 Confidentiality. You and Bookyrslf agree that any arbitration proceedings or negotiated resolution will remain confidential. 16.7 Changes to Arbitration Terms. Bookyrslf may modify these arbitration terms, but such changes will not apply to disputes that arose before the effective date of the changes. If Bookyrslf decides to remove the arbitration agreement from these Terms, the removal will be effective 30 days after posting on our website.

16.8 Enforcement. If any part of this arbitration agreement is found to be unenforceable, the remaining sections will remain in effect.

17. Governing Law and Jurisdiction.

17.1 General. Any dispute between you and Bookyrslf will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You and Bookyrslf agree that any action or proceeding arising out of or related to this Agreement will be brought in the courts of the Province of British Columbia, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts.

17.2 International Guests. For Guests residing in the European Economic Area (EEA), United Kingdom, or other regions outside Canada, the laws of your residence country may also apply to some extent as required by local laws. Any dispute that arises between you and Bookyrslf that is not subject to arbitration as detailed in Section 16, or where arbitration is prohibited by local laws, must be resolved in your local courts unless otherwise agreed by both parties.

17.3 Alternative Dispute Resolution for European Guests. If you are a consumer residing in the European Economic Area, you may have the option to use the European Online Dispute Resolution (ODR) platform provided by the European Commission at http://ec.europa.eu/consumers/odr to submit disputes for online resolution, aiming to facilitate an amicable settlement.

17.4 Modification and Enforcement of Terms. If any part of this Section 17 is found to be unenforceable or invalid, such unenforceability or invalidity will not render this Section 17 as a whole unenforceable or invalid, and, in such cases, the provision will be changed and interpreted to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.

18. Class Action Waiver.

18.1 Individual Basis Only. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. THIS INCLUDES ANY CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS.

18.2 Court and Arbitration Proceedings. UNLESS BOTH YOU AND BOOKYRSLF AGREE OTHERWISE:

  • Neither the courts nor any arbitrator may consolidate or join more than one person's or party's claims.
  • No court or arbitration proceedings may preside over any form of a consolidated, representative, or class proceeding.
  • A court or arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
  • Any relief awarded cannot affect other Bookyrslf Guests or extend beyond the individual claim.

18.3 Enforcement. If a court or arbitrator decides that any part of this section is invalid or unenforceable, the other parts of this section shall still apply. If the entire Class Action Waiver is found to be invalid or unenforceable, then the entirety of Section 18 will be null and void.

19. Force Majeure.

Bookyrslf shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control. This includes, but is not limited to, acts of God, natural disasters, war, terrorism, governmental actions, pandemics, and other similar events. In such cases, Bookyrslf reserves the right to modify its standard cancellation policies as described in Section 9.6 and may, at its discretion, issue refunds or credits that may differ from a Provider's selected cancellation policy.

20. Miscellaneous.

This agreement does not create any partnership, joint venture, employment, or agency relationship between you and Bookyrslf. Neither party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other, except as expressly authorized in writing or as explicitly provided in these Terms.

These Terms are non-exclusive and allow Providers to offer their services through other channels and third parties. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision, and such invalid or unenforceable provision shall be modified to the extent necessary to render it valid and enforceable, reflecting as closely as possible the original intentions of the parties.

These Terms are binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. The obligations and duties under these Terms shall continue even after termination of your relationship with Bookyrslf.

For any questions or concerns regarding these Terms or services provided by Bookyrslf, please contact the Bookyrslf Help Center.