Agency Partner Offer Conditions

Last update: December 13, 2019

 

By accessing to and using the misterb&b Platform, and/or by completing the booking of a Professional Lodging (as defined below), you acknowledge and agree that you are indicating that you have read, understood and agreed to be bound by these terms and conditions (“Agency Partner Offer Conditions”).

These Agency Partner Offer Conditions of services contain a binding arbitration provision and class action waiver that apply to all misterb&b Members and affect their rights. By accepting these terms, you agree to be bound by these provisions. 

These Agency Partner Offer Conditions constitute a binding legal agreement between you and misterb&b (as defined below) and to govern your access to, and use of, the misterb&b Platform in relation with the Agency Partner Offer (as defined below). Please read these terms and conditions of services carefully. Please understand that relevant provisions applicable to the access to and use of the misterb&b Platform, and any damage or claim arising from the access to or use of the misterb&b Platform is governed by the general misterb&b Terms.

The Agency Partner Offer Conditions supplement and are incorporated by reference in the general misterb&b Terms. If there is a conflict between the Agency Partner Offer Conditions and any provisions of general misterb&b Terms, the conflicting terms in these Agency Partner Offer Conditions control with respect to the Agency Partner Offer Offer. 

Capitalized terms that are not defined herein will have the same meaning given to them in the misterb&b Terms and Conditions. The term “misterb&b” is the entity you contract with by accessing to, and using the misterb&b Platform, in accordance with the introductory terms of the general misterb&b Terms.

The terms “you” and “your” refer to you as an individual. If you agree to these Agency Partner Offer Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Agency Partner Offer Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity, unless otherwise specified.

If you have any questions about the Agency Partner Offer Conditions, you can contact the misterb&b Customer Support here.

We reserve the right to any remedy, including, without limitations, account termination, if we determine or suspect you have breached any of these Agency Partner Offer Conditions. 

 

1. Presentation and scope of the Agency Partner Offer

1.1. misterb&b allows businesses that offer intermediation and/or facilitation services in the distribution and/or booking of short-term use of residential or vacation properties (“Agency Partner”) to upload on the misterb&b Platform the listings displayed on their respective platforms (“Agency Partner Listings”). In Agency Partner Listings, professional lodgings of any kind, including, without limitation, hotels, motels, apartments, beds & breakfasts (“Professional Lodging”) are advertised by their professional providers (“Professional Lodging Provider”) as available for booking by the Guests via the misterb&b Platform (“Agency Partner Offer”). For your convenience, any Agency Partner Listings on the misterb&b Platform will be marked by the label “Agency Partner” (in the description of the property rules and conditions). 

1.2. When the Guest makes a booking, the Guest enters into a contractual relationship directly with the Professional Lodging Provider. Neither the Agency Partner or misterb&b are or become a party to, or otherwise participate in, to such contractual relationship between the Guest and the Professional Lodging Provider. misterb&b disclaims all liability arising from or related to any such contractual relationship. misterb&b, in association with the Agency Partner, acts solely as an intermediary between the Guest and the Professional Lodging Provider by:

(i) transmitting the relevant data/details necessary for the completion of the booking (as described in Sections 4 and 15) to the Agency Partner (which information the Agency Partner subsequently shares with the Professional Lodging Provider);

(ii) sending the Guest a Booking Confirmation Email (as defined below) for and on behalf of the Professional Lodging Provider; and,

(iii) providing customer support services to intermediate the requests the Guests may need to pass to the Professional Lodging Provider (for example, cancellation requests). 

1.3. misterb&b does not have any relationship with the Professional Lodging Providers, and solely have a commercial relationship with the Agency Partner. The commercial relationship the Agency Partner has with the Professional Lodging Providers is governed by separate specific terms and conditions. Please note the Agency Partners do not allow non-professional parties to register on its platform; consequently all Professional Lodging Providers are professionals. In the event an Agency Partner and a Professional Lodging Provider terminate their relationship, the Agency Partner Listing will be withdrawn from the misterb&b Platform. 

1.4. Please note that each Professional Lodging Providers may have, declare applicable and/or require acceptance of their own terms and conditions and house rules for the booking, use, access and consummation of their Professional Lodgings and related services/products that may be furnished/offered on-site. 

1.5. misterb&b disclaims any and all liability related to any and all Agency Partner Listings, Professional Lodgings and related services/products that may be furnished/offered on-site. Any bookings will be made at the Guest’s own risk. Complaints or claims in respect of your booking of, and stay at a Professional Lodging (including related to the offered (special/promotion) price, policy or specific requests) are to be dealt with by the Professional Lodging Provider. 

1.6. You understand and agree that misterb&b is not an organizer or retailer of travel packages under Directive (EU) 2015/2032. Neither is misterb&b a real estate broker, a contracting agent, an insurer or a bank establishment. Furthermore, misterb&b is not an owner, operator, lessor, controller, creator, supplier, proprietor, seller, reseller, furnisher, provider or manager of any Agency Partner Listings, Professional Lodgings and related services/products that may be furnished/offered on-site. misterb&b is not acting as an agent in any capacity for any Guest or Professional Lodging Provider.

1.7. misterb&b does not and cannot control over, neither guarantee (i) the truth or accuracy of any Agency Partner Listings, and associated Guest Reviews and Notation, (ii) the performance or conduct of any Professional Lodging Provider, any individual present at the Professional Lodging Member or any third party and (iii) the existence, quality, suitability to your needs or expectations, safety or legality of any Agency Partner Listings, Professional Lodgings and related services/products that may be furnished/offered on-site.

1.8. misterb&b does not endorse any Agency Partner Listings, Professional Lodging Providers, Professional Lodgings 

and related services/products that may be furnished/offered on-site in any way. Any references to any Agency Partner Listings, Professional Lodgings or Professional Lodging Providers as being verified or of meeting any quality standards may indicate that a relevant verification process has been completed by the relevant Professional Lodging Provider or the Agency Partner and does not represent anything else. Any such references are not an endorsement, certification or guarantee by misterb&b for the accuracy, suitability, safety or trustworthiness of the referenced, including, without limitation, of any Professional Lodgings and Professional Lodging Providers. Any such description or references are only intended to be useful information for you to evaluate when you make a decision on the misterb&b Platform. 

1.9. misterb&b recommends you always exercise due diligence and care when deciding to have any interaction and to engage in any transaction with any Professional Lodging Provider. misterb&b is not responsible for any damage or harm resulting from your interactions with the Professional Lodging or the Professional Lodging Provider.  

1.10. Please note that misterb&b assumes no responsibility for a Professional Lodging Provider’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Laws may regulate or restrict the operation of hotel/lodging business, the ability to rent tourist accommodations for short time periods and/or the online advertising of rentals. Professional Lodging Providers are solely responsible for complying with such laws and respecting your and third party’s rights. 

 

2. Access to and usage of the misterb&b Platform in connection with Agency Partner Listing

2.1. By accessing or using the misterb&b Platform, you represent and warrant that you are eighteen (18) years old or older and have the legal capacity and authority to enter into a contract. Any access to or use of the misterb&b Platform by anyone under eighteen (18) years old is expressly prohibited.

2.2. When using the misterb&b Platform in connection with the Agency Partner Offer, it is solely to be used to enable Guest to view Agency Partner Listings and book Professional Lodgings.  

2.3. You may view Agency Partner Listings as an unregistered visitor to the misterb&b Platform. However, to complete the booking of any Professional Lodging, you may whether (i) register to the misterb&b Platform by creating a misterb&b Account, or (ii) indicate few information (such as your name and your email address) as necessary to complete the booking without registering to the misterb&b Platform.

2.4. misterb&b may make access to and use of the misterb&b Platform, or certain areas or features of the misterb&b Platform, subject to certain conditions or requirements, such as completing a verification or identification process, meeting specific eligibility criteria or a Guest’s history of booking and cancellation.

2.5. In contacting the misterb&b Customer Support for any issues related to the booking of an Agency Partner Listing, you will be required to provide the confirmation number and pin code enshrined in the Booking Confirmation Email. 

 

3. Agency Partner Listings

3.1. The Agency Partner Listings disclose information, textual and visual description of the Profesionnal Lodgings and related services/products that may be furnished/offered on-site, as provided to the Agency Partner by the Professional Lodging Providers, in accordance with specific separate terms and conditions. The information, textual and visual description so obtained by the Agency Partner are transmitted, in an unaltered manner, to misterb&b. 

3.2. The placement and ranking of Agency Partner Listings in search results on the misterb&b Platform may vary and depend on a variety of factors, such as, without limitation, Guest search parameters and preferences, price and calendar availability, customer service and cancellation history, Guest Reviews and Notations, etc. Please see below section 8 for further information on the ranking.

3.3. misterb&b cannot and will not verify any Agency Partner Listings in any manner. Therefore, misterb&b will not verify if, and cannot guarantee that all information, textual and visual description is accurate, complete or correct, nor can misterb&b be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of the misterb&b Platform or otherwise), any inaccurate, misleading or untrue information, textual and visual descriptions or any non-deliveries or non-provisions of information, textual and visual descriptions. 

3.4. Each Professional Lodging Provider remains responsible at all times for the accuracy, completeness and correctness of the information (including, without limitation, the rates, fees, prices, policies, conditions and availability) the Professional Lodging Provider provides and that is displayed on the misterb&b Platform. 

3.5. The publication of an Agency Partner Listing on the misterb&b Platform does not constitute and should not be regarded as a recommendation or endorsement by misterb&b of the quality, service level, qualification or (star) rating of any Professional Lodging Providers and Professional Lodgings (or its facilities, venue, vehicles, main or ancillary services or products) made available

3.6. misterb&b reserves the right, at any time and without prior notice, to remove or disable access to any Agency Partner Listing if the Agency Partner Listing or the Professional Lodging listed, is found to be in violation of these Agency Partner Offer Conditions, any applicable laws (such as tourism laws requiring tourist services advertisements to include specific descriptive information and/or registration, certificate or license numbers) or otherwise harmful to the misterb&b Platform and its reputation. 

3.7. The Agency Partner Listings may contain links to third-party websites or resources. Such third-party websites and resources may be subject to different terms and conditions and privacy practices. misterb&b is not responsible or liable for, neither endorsed or guarantee the availability or accuracy of such third-party websites and resources, or their content, products, or related services. You will need to make your own independent judgment regarding your interaction with these third-party websites and resources.

 

4. Booking of Professional Lodging

4.1. By booking a Professional Lodging, you, as a Guest, agree to pay to the Professional Lodging Provider the relevant total amount as indicated during the booking process and in accordance with the relevant payment policy, including any applicable fees and taxes (“Booking Price”). 

4.2. You are not authorized to use your misterb&b Account, including, without limitation, to complete the booking of any Professional Lodging on behalf or for the personal benefit of any other person than you. 

4.3. You, as a Guest, can decide to book a Professional Lodging advertised as available on the misterb&b Platform by following the respective booking process. The Booking Price, as indicated by the Professional Lodging Provider, will be displayed to you before you complete a booking.

4.4. You should carefully review the description of any Agency Partner Listings you intend to book to ensure you (and any additional Guests you are booking for) meet any minimum age, proficiency, fitness or other requirements. At your sole discretion you may want to inform the Professional Lodging Provider of any medical or physical conditions, or other circumstances that may impact your and any additional Guest’s ability to stay at a Professional Lodging. 

4.5. By booking a Professional Lodging, you agree and understand that you enter into a legally binding agreement with the Professional Lodging Provider. misterb&b is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

4.6. By booking a Professional Lodging, you agree and understand that you may be subject to any additional terms, conditions and requirements. You agree and accept any additional terms, conditions and requirements imposed by the Professional Lodging Provider that may apply to your booking and you stay at the Professional Lodging. Such additional terms and conditions may be, without limitation, the applicable cancellation, modification, (pre)payment, no-show and refund policies, the terms and conditions applicable for the use of services or pr offered on-site at the Professional Lodging, and any house rules and restrictions specified in the Agency Partner Listing. In case of any doubt or question related to the access to, interpretation or application of such additional terms and conditions, please refer to the Professional Lodging Provider directly. 

4.7. In order to duly complete and secure your booking of a Professional Lodging, you need to provide misterb&b with correct and accurate personal data, including, without limitation, your correct email address. misterb&b is not responsible or liable for, and have no obligation to verify, any wrong, misspelled or inaccurate personal data/details, including, without limitation, your email address, phone number or credit card number. 

4.8. By booking of a Professional Lodging, you agree to receive:

(i) an email confirmation of your booking for and on behalf of the Professional Lodging Provider, containing a confirmation number and a pin code that you must save carefully (“Booking Confirmation Email”). You will also find in this Booking Confirmation Email, without limitation,  the booking details (e.g. check/out date, room type and number of rooms), hotel details (e.g. name, address, telephone number and accepted credit cards) and the policies applicable to your booking and stay at the Professional Lodging (e.g. prepayment, cancellation and no-show policies);

(ii) an email which misterb&b may send you shortly prior to your arrival date, giving you information on the destination relevant to your booking;

(iii) an email which we may send to you promptly after your stay in a Professional Lodging, to inviting you to describe your experience by providing a Guest Review and a Notation (“Experience Review Email”). 

4.9. You, as a Guest, may not bring any additional individuals to the Professional Lodging unless such individual was added by you (i) as an additional guest during the booking process on the misterb&b Platform, or (ii) using any process provided by the Professional Lodging Provider to add any person after the booking is completed. You are required to ensure that every additional guest is made aware of and agrees to these Agency Partner Offer Conditions and any terms, conditions and requirements imposed by the Professional Lodging Provider as specified in the Agency Partner Listing, in the Booking Confirmation Email and in any further communications. 

4.10. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your stay at a Professional Lodging and the use of/participation in the related services/products that may be furnished/offered on-site (such as minimum legal drinking age).

4.11. Please note, that as a Member, the loyalty program misterb&b offers (as referred in the misterb&b Referral Program) does not apply to the booking of Agency Partner Listings. 

 

5. Financial provisions

5.1. General conditions

5.1.1. When booking an Agency Partner Listing, unless indicated otherwise, the intermediation services offered by misterb&b is free of charge for the Guest.

5.1.2. The prices are set by the Professional Lodging Providers solely. All prices for booking are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently in the Agency Partner Listing or the Booking Confirmation Email. Applicable fees and taxes (including, without limitation, sales/occupancy taxes) may be charged by the Professional Lodging Provider in the event of a no-show or cancellation.

5.1.3. As a Guest, you agree to pay the Booking Price to the Professional Lodging Provider, in the time and manner prescribed in the applicable payment policy decided solely by the Professional Lodging Provider. As a Guest, you understand that you may also be charged by the Professional Lodging Provider, and required to pay, relevant local taxes, levies and fees, if applicable, insofar not included in the Booking Price.

5.1.4. In the event the Professional Lodging Provider did not mention any mandatory fee, or any optional fee for a product/service you thought were included in the booking you made, misterb&b is not responsible for the lack of information and the price difference. The Professional Lodging Provider acts and transacts with you as a professional and shall be liable for any failure to provide common and/or mandatory price information.

5.1.5. Please note that neither the misterb&b Travel Credits and the misterb&b Gift Cards can be used as Payment Method for the booking of Agency Partner Listings. 

5.1.6. The currency conversion is for information purposes only and should not be relied upon as accurate and updated in real time. Actual rates may vary.

5.2. Payment/prepayment policy and process

5.2.1. misterb&b strongly recommends that you read the (pre)payment policy of the Professional Lodging Provider carefully prior to booking, and please remember to make further payments on time as may be required for the relevant booking.

5.2.2. Each Professional Lodging Provider solely decides of the applicable payment policy for the payment of the Booking Price due to the Professional Lodging Provider for the booking of the Professional Lodging, and related services/products that may be furnished/offered on-site. Certain Professional Lodging Providers may require down payments or (wholly or partly) prepayments, and/or offer alternative options for the timing and manner of payment.

5.2.3. Where applicable and available, certain Professional Lodging Providers may offer the opportunity to complete the payment of the Booking Price (in whole or partly and as required under the (pre)payment policy of the Professional Lodging Provider) to the Professional Lodging Provider during the booking process by means of secure online payment (to the extent offered and supported by your bank).

5.2.4. For the Booking Price, certain rates and special offers, please note that Professional Lodging Providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the booking. Please check the booking details of for any such conditions prior to making your booking. You agree that you will not hold misterb&b, nor Agency Partner, liable or responsible for any authorized, (allegedly) unauthorized or wrong charge by the Professional Lodging Provider and not (re)claim any amount for any valid or authorized charge by the Professional Lodging Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

5.2.5. You understand and agree that misterb&b does not provide any payment services in connection with the Agency Partner Offer. As a Guest, you may be offered or required, by the Professional Lodging Provider, to complete a payment process as part of your booking. You understand and agree that misterb&b does not play any role in such payment process. misterb&b may solely collect and transmit, to the Agency Partner, your credit card information to facilitate your participation in the payment process decided by the Professional Lodging. In such event, you understand and agree that you are required to provide correct credit card details. If you do not provide correct credit card details, you may be required to correct these details within a delay of thirty-five (35) hours after receiving a notification by misterb&b. You understand and agree that the failure to provide correct credit card details before the expiration of this delay will result in the cancellation of your booking. 

5.2.6. The payment process you will be offered or required to complete may incorporate or link to third-party payment processors websites or resources. Such websites or resources are subject to different terms and conditions and privacy policies and the Guest should review them independently. Your access to or use of certain payment services provided by third-party payment processors may be subject to, or require you to accept, additional terms and conditions and privacy policies. misterb&b is not responsible for, and has not control on the third party payment processors, the accuracy of the information provided by such third party payment processors, the availability, the delays, harmful acts and omissions in the provision of their payment services. You understand and agree that the completion of any payment processes may trigger additional fees chared by any third party payment processors involved in the relevant payment process. 

5.2.7. Late payments, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for the Guest’s own risk and account and the Guest shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Professional Lodging Provider agrees or allows it otherwise in accordance with its cancellation, refund and/or (pre)payment policies. 

5.2.8. misterb&b denies any liability and responsibility in connection with such payment process, including, without limitation any damages, technical issues and consequences arising out of your completion of the payment process. 

 

6. Delayed arrival, cancellation, modification and refund

6.1. Delayed arrival

If you have a late arrival or the your date of arrival will be different from the original check-in date of your booking, make sure to (timely/promptly) communicate this with the Professional Lodging Provider so they know when to expect you to avoid cancellation of your booking or charge of no-show fees. 

6.2. Cancellation and modification by the Guest

6.2.1. By completing a booking with a Professional Lodging Provider, you accept and agree to the relevant cancellation, modification and no-show policy of that Professional Lodging Provider (as specified in the Agency Partner Listing). The cancellation, modification and no-show policies of each Professional Lodging Provider is made available on the misterb&b Platform on the Agency Partner Listing, during the reservation procedure and in the Booking Confirmation Email. Please read the cancellation, (pre)payment and no-show policy of the Professional Lodging Provider carefully prior to making your booking. 

6.2.2. Cancellation, modification and refund policies may vary per segment, product or service for each booking. You, as Guest, will only be entitled to a refund from the Professional Lodging Provider, if any and in accordance with the relevant refund policy of the Professional Lodging Provider. Please carefully read the fine print and important information in your reservation confirmation for additional policies as may be applied by the Professional Lodging Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). 

6.2.3. As a Guest, you understand and agree to pay any Booking Price difference, additional fees and/or taxes related to the modification of the booking you made.

6.2.4. To process a cancellation or modification of your Agency Partner Listing booking in a valid manner, you should revert to the Booking Confirmation Email and follow the instructions therein. You shall process the cancellation via the misterb&b Platform by: 

(i) Selecting the confirmed booking through your misterb&b Account and clicking on the appropriate cancellation button;

(ii) reaching the misterb&b Customer Support to process the cancellation on your behalf; in such occasion, you will be required to confirm by writing your will to cancel the booking and your acknowledgement of the terms of the applicable Professional Lodging Provider’s cancellation policy and its consequences for you.

6.2.5. Please note that certain rates, fees or special offers may not be eligible for cancellation, modification or refund. In particular, without limitation, applicable city/tourist taxes may still be charged by the Professional Lodging Provider in the event of a no-show or charged cancellation.

6.2.6. Any issues or damages related to the interpretation and application of the refund policy of the Professional Lodging Provider is an issue or damage strictly related to the Guest and Professional Lodging Provider, and any claim by the Guest regarding the interpretation and application of the applicable refund policy should be directed to the Professional Lodging Provider. misterb&b shall not be held liable for any issues or damages arising out of the interpretation and application of the refund policies decided by the Professional Lodging Providers. 

6.3. Cancellation and modification by the Professional Lodging Provider

In the event your booking is cancelled or modified by the Professional Lodging Provider, you, as a Guest, are only entitled to refund and/or compensation by the Professional Lodging Provider, if any, in accordance with the applicable cancellation and refund policies of the Professional Lodging Provider.

 

6.4. Cancellation by misterb&b/Agency Partner

6.4.1. In the event, you, as a Guest, have (i) clearly, seriously or repeatedly violated these Agency Partner Offer Conditions, any other misterb&b policies, or clearly violated any applicable laws or third-party rights ; or if misterb&b (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such action is reasonably necessary to prevent illegal activity and/or significant harm to misterb&b or third-parties, you understand and agree misterb&b may contact the Professional Lodging Provider, in its sole discretion, to require cancellation of your booking. Consequently, misterb&b will promptly notify the appropriate Guest of such cancellation.

6.4.2. In the event of a cancellation by misterb&b or the Agency Partner, you shall not be entitled to any refund or any compensation by misterb&b neither by the Agency Partner. You agree not to hold misterb&b, neither the Agency Partner, liable for any liability or responsibility for the consequences of the cancellation of your booking. 

 

7. Disputes and claims with the Professional Lodging Providers

If you have a dispute with a Professional Lodging Provider, related to the interpretation or the execution of its obligations under applicable laws or in connection with the legally binding agreement you have with the Professional Lodging Provider (to which misterb&b is not a party), you must resolve the dispute directly with the Professional Lodging Provider.

 

8. Ranking of the Agency Partner Listings on the misterb&b Platform

8.1. The manner the Agency Partner Listings will appear in the search results on the Site and Application will be based on a complex ever-changing and evolving system. This system will mix both misterb&b’s and the Agency Partner’s ranking algorithms, considering a multitude of criteria, in order to match online searches and Professional Lodgings in an optimal way. Therefore, please note that the actual ranking will be will be different for each visitor of the misterb&b Platform and for each search

8.2. The misterb&b’s ranking algorithm will prioritize the misterb&b Listings (created on the misterb&b Platform by the misterb&b Members themselves) over the Agency Partner Listings. In displaying the Agency Partner Listings in a given location, the misterb&b’s ranking algorithm will prioritize the Agency Partner Listings located in the LGBT/LGBT-friendly areas over the Agency Partner Listings located outside of such areas. 

8.3. The Agency Partner’s ranking algorithm will influence the ranking of the Agency Partner Listings in display on the misterb&b Platform, according to the criteria described in the Agency Partner’s terms and conditions, as may be amended from time to time (inter alia, the popularity of a Professional Lodging, customer service history, certain booking-related data such as the number of bookings, cancellations, conversion rate, overbookings, availability, and the browsing activities of the visitor). Please also note that the following criteria are taken into account by the Agency Partner’s ranking algorithm to boost the ranking of the Agency Partner Listings: (i) the on-time payment of the commission due by the Professional Lodging Provider to the Agency Partner will also influence its ranking; and (ii) the participation of the Professional Lodging Provider in the Agency Partner’s preferred partnership program (the preferred Professional Lodging Provider are marked with a thumbs-up symbol), for which the Professional Lodging pays a high commission to the Agency Partner and has to meet predefined quality standards.

8.4. A visitor of the misterb&b Platform can take full control on the display of the search results by using search filters. For instance, a visitor of the misterb&b Platform can choose to rank Agency Partner Listings on the basis of lowest price first, Notations and Guest Reviews scores, accommodation types, etc.

 

9. Stars Rating, Guest Reviews and Notations

9.1. General conditions

9.1.1. The Star Rating, Guest Reviews, Notations (as defined below) are only intended to provide description for you to make any determination, such as evaluating with whom you transact. You understand such Star Ratings, Guest Reviews and Notations (i) are not an endorsement, certification or otherwise guarantee by misterb&b about any Professional Lodgings or Professional Lodging Providers, including, without limitation, its quality, identity, background or future conduct, (ii) neither do they represent the opinion of misterb&b. 

9.1.2. As a provider of interactive services, misterb&b does not control the content, accuracy, suitability or legality of any Star Ratings, Guest Reviews and Notations on the misterb&b Platform.

9.1.3. The publication of Star Ratings, Guest Reviews and Notations on the misterb&b Platform is automatic and not subject to prior review or scrutiny by misterb&b. 

9.2. Star Ratings

9.2.1. Depending on local regulations, star ratings are either determined by the Professional Lodging Providers themselves, or else assigned by an independent third-party organization (“Star Rating”). The star ratings are not determined by the Agency Partner neither misterb&b, and are provided by the Professional Lodging Provider.

9.2.2. As a Guest, you understand that the Star Rating is only a representation of how the accommodation compares to the local legal requirements (if applicable) or, if not regulated, the sectoral and/or local industry standards in terms of price, facilities, and available services (these requirements and standards vary between countries and organizations).

 

9.3. Guest Reviews and Notations

9.3.1. At the end of Guest’s stay at a Professional Lodging, the Guest receives an Experience Review Email. On reception of this notification, the Guests have the option, not the obligation, (i) to post a review about their respective experiences regarding such stay or participation (“Guest Review”) and (ii) to grade such experiences (“Notation”).

9.3.2. You understand neither the author of a Guest Review and Notation nor misterb&b benefit from any compensation or reward for the publication of the Guest Review or Notation. 

9.3.3. The Guest Reviews and Notations can only be submitted within a limited period of twenty-eight (28) days after reception the Experience Review Email. You cannot modify a Guest Review or a Notation after you provide it. misterb&b reserves the right to adjust, refuse, or remove Guest Reviews at its sole discretion insofar it violates misterb&b Content Policy and the Content guidelines in the general misterb&b Terms.

9.3.4. Please note that the general Notation displayed on an Agency Partner Listing is calculated by averaging the Notations provided by the Guests who stayed in the relevant Professional Lodging, with the notation displayed on the corresponding listing on the Agency Partner platform. 

9.3.5. The Guest Reviews are displayed via the Site and Application in reverse chronological order (from the most recent to the oldest). 

 

10. Data Privacy

10.1. The collection, use and processing of personal information in connection with your access to and use of the misterb&b Platform in connection with the Agency Partner Offer is governed by misterb&b Privacy Policy. 

10.2. Please note that we collect, compile and share data necessary to the process of your booking with the Agency Partner, including your name, telephone number, credit card information, date of arrival, number of nights, room type, room rate and special requests if any. By booking a Professional Lodging on the misterb&b Platform, you understand and agree that (i) misterb&b shares the data/information necessary for processing your booking to the Agency Partner; and (ii) the Agency Partner will subsequently share this information to the relevant Professional Lodging Provider. The Agency Partner will collect, use and process your data in accordance with the Agency Partner Privacy Statement (as may be amended from time to time). 

 

11. Disclaimers

The misterb&b Platform is provided “as is” without warranty of any kind, either express or implied. misterb&b is not responsible, and explicitly disclaims any liability for the use, validity, quality, suitability, fitness, and due disclosure of any Agency Partner Listings and Professional Lodgings and explicitly disclaims any representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, quiet enjoyment, non-infringement or fitness for a particular purpose. misterb&b makes no warranty that the misterb&b Platform, the Agency Partner Listings, Professional Lodgings or the Professional Lodging Providers will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis. 

By using the misterb&b Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Professional Lodging Providers or other third parties will be limited to a claim against the particular Professional Lodging Providers or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from misterb&b with respect to such actions or omissions. 

You assume the risk of staying at a Professional Lodging, using or participating in the products/services that are offered/rendered on-site and using any of the facilities or objects you find in the Professional Lodging. misterb&b disclaims all liability for any accidents at a Professional Lodging, including, without limitation, lifelong injuries, drowning and deaths. You agree that the Professional Lodging and related products/services that are offered/furnished on-site, listed by the Professional Lodging Provider, may carry inherent risk, including, without limitation, property damage, risk of illness, bodily injury, disability or death, and you freely and voluntarily choose to assume those risks. 

Any actual or potential agreement or transaction between a Guest and a Professional Lodging Provider; the quality, condition, safety or legality of the Professional Lodging and related products/services offered/furnished on-site; the truth or accuracy of the Agency Partner Listings, Guest Reviews and Notations, or the ability of a Professional Lodging Provider to contract for the booking of a Professional Lodging and related products/services that are offered/furnished on-site, are not the responsability of misterb&b but solely the responsibility of the parties of the agreement executed for the booking of the Professional Lodging.

misterb&b makes no representations or warranties as to, neither has it any control over, the conduct of any Professional Lodging Providers, Professional Lodging Provider’s team, individuals present at the Professional Lodging and third parties. misterb&b explicitly disclaims all liability for any acts or omissions of any Professional Lodging Providers, Professional Lodging Provider’s team, individuals present at the Professional Lodging and third parties, including, without limitation, for sexual or other assault, moral or physical harassment, discrimination and/or physical aggression. You solely are responsible, and agree to take reasonable precautions, for all of your communications and interactions with any persons with whom you communicate or interact as a result of your acces to and use of the misterb&b Platform, particularly if you decide to meet out of the misterb&b Platform or in person. 

Whether or not the Professional Lodging Provider has charged you for your booking, you agree and acknowledge that the Professional Lodging Provider is at all times responsible for the collection, withholding, remittance, and payment to the relevant authorities of the applicable taxes due on the total amount of the Booking Price and other relevant fees you might be charged. misterb&b is not liable or responsible for the collection, withholding, remittance, and payment to the relevant authorities of the applicable taxes due on the total amount of the Booking Price and other relevant fees you might be charged. misterb&b does not act as the merchant of record for any Professional Lodging Provider.  

You agree that you have had whatever opportunity you deem necessary to investigate the misterb&b Services, laws, rules, or regulations that may be applicable to the Agency Partner Listings, Professional Lodgings and the products/services offered/rendered on-site that you book as a Guest. You agree you are not relying upon any statement of law or fact made by misterb&b relating to an Agency Partner Listing. No advice or information, whether oral or written, obtained from misterb&b or through the misterb&b Platform, will create any warranty not expressly made herein.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

12. Limitation of liability

12.1. Unless your country of residence is a Member State of the European Union, subject to the limitations set out in these Agency Partner Offer Conditions and to the extent permitted by law, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the misterb&b Platform, your booking of any Agency Partner Listings, your stay at any Professional Lodgings and your use or participation in the products/services that are offered/rendered on-site or any contacts you have with any Professional Lodging Providers, Professional Lodging Provider’s team or any other individual present at the Professional Lodging, whether in person or online remains, remains with you.

misterb&b will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of misterb&b's obligations in respect to the Services, up to an aggregate amount of the aggregate cost of your booking as set out in the Booking Confirmation Email (whether for one event or series of connected events), or one hundred U.S. dollars (USD 100), if no such payments have been made, as applicable.

Neither misterb&b nor any of misterb&b’s officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, producing, or delivering the misterb&b Platform will be liable for

(i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;

(ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Professional Lodging Provider and of the Professional Lodging as made available on the misterb&b Platform;

(iii) related services/products that are furnished/offered on-site by the Professional Lodging Provider or any other business partners;

(iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of the misterb&b Platform; or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Professional Lodging Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose services or products are (directly or indirectly) made available, offered, or promoted on or through the misterb&b Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond misterb&b’s control.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between misterb&b and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

12.2. If your country of residence is a Member State of the European Union, misterb&b is liable under statutory provisions for assumption of guarantees or any other strict liability, or in the case of a culpable injury to life, limb, or health by misterb&b, its legal representatives, directors, or other vicarious agents. misterb&b is liable for any negligent breaches of essential contractual obligations by misterb&b, its legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of misterb&b in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of misterb&b is excluded.

 

13. Indemnification

You agree to indemnify, defend and hold SFO84, Inc. and its affiliates and subsidiaries, including, but not limited to, Pinklab360, and their officers, directors, employees and agents, harmless from and against any and all costs, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) Your violation of these Agency Partner Offer Conditions;

(ii) Your access to or use of the misterb&b Platform in connection with the Agency Partner Offer, by any person using your user name and/or password;

(iii) Your provision of any content (such as, without limitation, Guest Review and Notations) or your reliance on the content of any Agency Partner Listings;

(iv) Your interaction with any Professional Lodging Provider (including the team of the Professional Lodging Provider);

(v) Your dispute with any Professional Lodging Provider (including the team of the Professional Lodging Provider) or connected with your booking of a Professional Lodging;

(vi) your stay at a Professional Lodging, your use of or participation in the related services/products that are furnished/offered on-site, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a stay at a Professional Lodging, use of or participation in the related services/products that are furnished/offered on-site. 

 

14. Dispute Resolution and Binding Arbitration Provision 

14.1. This Dispute Resolution and Binding Arbitration Provision shall apply if (i) you are a resident of the United States of America; or (ii) you are not a resident of the United States but bring any claim against misterb&b in the United States of America (to the extent not in conflict with the section “Applicable law and jurisdiction” below). 

14.2. Definition. As used in this Dispute Resolution and Binding Arbitration Provision, the term “misterb&b” refers to SFO84, Inc., including its subsidiaries and agents. The terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the misterb&b Platform. The term “Claims” means all claims, disputes, or controversies between you and misterb&b of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the misterb&b. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Dispute Resolution and Binding Arbitration Provision.

14.3. Informal Efforts to Resolve Dispute. If a dispute arises between you and misterb&b, you should first attempt to resolve it by contacting the misterb&b Customer Support by email or by sending the details of your complaint, including your contact information for a response, to the SFO84, Inc. address as listed in the introduction of these Agency Partner Offer Conditions. misterb&b will attempt in good faith to resolve all Claims submitted this way in a timely manner after being notified of such Claims. 

14.4. Agreement to Arbitrate. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and these Agency Partner Offer Conditions as a court would. Any arbitration under this agreement will take place on an invidivual basis; class arbitrations and class actions and private attorney general actions are not permitted.

14.5.  Right to Opt Out. If you do not wish to be bound by this Dispute Resolution and Binding Arbitration Provision, you must notify misterb&b in writing within thirty (30) days from the date that you first accept or have access to these Agency Partner Offer Conditions by mailing or faxing an opt-out request to the misterb&b Customer Support listed below. Your written notification must include your name, address, the email address you used to register with misterb&b or to complete the Professional Lodging booking, and a clear statement that you do not wish to resolve disputes with misterb&b through arbitration. Your decision to opt out of this Dispute Resolution and Binding Arbitration Provision will have no adverse effect on your relationship with misterb&b or the delivery of Site, Application and/or Services to you by misterb&b. If you have previously notified misterb&b of your decision to opt out of arbitration, you do not need to do so again.

14.6. Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”), which limits the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the U.S. Federal Rules of Civil Procedure, misterb&b agrees to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration. 

14.7. Arbitration Rules. The arbitration will be conducted by the JAMS under its rules if you are a resident of the United States; if your use of the Site, Application and/or Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States or a Member State of the European Union, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and misterb&b agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and misterb&b agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Dispute Resolution and Binding Arbitration Provision, this Dispute Resolution and Binding Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial lawyer with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and misterb&b cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at https://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

14.8. Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at https://www.jamsadr.com

14.9. Time restriction. You must file a complaint with JAMS or a permitted court within one (1) year of the date of the occurrence of the event or facts giving rise to a Claim, or you waive the right to pursue any Claim based upon such event, facts or dispute. 

14.10. Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Dispute Resolution and Binding Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you. The arbitration can only decide Claim(s) between you and us and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of these Agency Partner Offer Conditions will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

14.11. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against misterb&b and issues you an award that is greater in monetary value than the last written settlement offer made by misterb&b to you before written submissions are made to the arbitrator, then misterb&b will (i) pay you one hundred and fifty percent (150%) of your arbitration damages award, up to one thousand U.S. dollars (USD$1,000)  over and above your damages award; and (ii) pay your reasonable attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Site, Application and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and misterb&b waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.

14.12. Confidentiality. You and misterb&b shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Dispute Resolution and Binding Arbitration Provision and, with the exception of disclosure to your or misterb&b’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

14.13. Continuing Obligation to Arbitrate; Severability. This Dispute Resolution and Binding Arbitration Provision shall survive termination of your access to or use of any Site, Application and/or Services and these Agency Partner Offer Conditions. If any portion of this Dispute Resolution and Binding Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Dispute Resolution and Binding Arbitration Provision.

misterb&b Customer Support contact:

SFO84, Inc., d.b.a. misterb&b
ATTN: LEGAL/ARBITRATION
584 Castro Street
94114 San Francisco, CA, USA
https://misterbandb.zendesk.com/hc/en-us 

 

15. Applicable law and jurisdiction

15.1. If you are a resident of the United States, these Agency Partner Offer Conditions are governed by the substantive and procedural laws of the State of California and United States federal law, without regard to its conflicts of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Dispute Resolution and Binding Arbitration Provision must be brought before state or federal court in San Francisco, California, unless you and misterb&b both agree to some other location. You and misterb&b both consent to venue and personal jurisdiction in San Francisco, California.

15.2. If you are a consumer and habitually reside in a Member State of the European Union, you agree that French law will govern these Agency Partner Offer Conditions and any dispute arising out of these Agency Partner Offer Conditions will be brought before a competent court of such Member State. In all other cases, meaning if you are acting as a business or if you are not a resident of the European Union and the United States, you agree that French law will govern these Agency Partner Offer Conditions and any dispute arising out of these Agency Partner Offer Conditions will be brought before French courts.

15.3. Before bringing any dispute against Pinklab360 to court, you, as a user, shall use free mediation with a consumption mediator before any trial. For this, you must write a complaint to Pinklab360, prerequisite to the admissibility of the request for mediation. Failing amicable agreement, the dispute will be brought before the competent jurisdiction as outlined above. Mediator contact information is available on the website http://www.mtv.travel/. 

 

16. Modifications of the Agency Partner Offer 

16.1. misterb&b reserves the right to modify these Agency Partner Offer Conditions at any time in accordance with this provision. If misterb&b modifies these Agency Partner Offer Conditions, misterb&b will post the modified Agency Partner Offer Conditions on the Site and Application and change accordingly the date of update at the beginning of these Agency Partner Offer Conditions. misterb&b will notify you the modification by email at least thirty (30) days before the date they become effective.

16.2. If you disagree with the modified Agency Partner Offer Conditions, you may terminate these Agency Partner Offer Conditions with immediate effect. misterb&b will inform you about your right to terminate these Agency Partner Offer Conditions in the email notifying the Agency Partner Offer Conditions modifications. In the absence of termination of the modified Agency Partner Offer Conditions before the date they become effective, your continued access to and use of the misterb&b Platform will indicate that you agree to be bound by the modified Agency Partner Offer Conditions.

 

17. Miscellaneous

17.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Agency Partner Offer Conditions constitute the entire agreement between misterb&b and you regarding the access to and use of the misterb&b Platform in connection with Agency Partner Listings. These Agency Partner Offer Conditions supersede any and all prior oral or written understandings or agreements between misterb&b and you in relation to your access to and use of the misterb&b Platform in connection with Agency Partner Listings. 

17.2. The failure of misterb&b to enforce any right or provision of these Agency Partner Offer Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of misterb&b.

17.3. These Agency Partner Offer Conditions do not and are not intended to confer any rights or remedies upon any person other than the parties to these Agency Partner Offer Conditions. Except as expressly set forth in these Agency Partner Offer Conditions, the exercise by either party of any of its remedies under these Agency Partner Offer Conditions will be without prejudice to its other remedies under these Agency Partner Offer Conditions or otherwise.

17.4. If for any reason, any provision of these Agency Partner Offer Conditions are held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Agency Partner Offer Conditions will remain in full force and effect.

17.5. You may not assign, transfer or delegate these Agency Partner Offer Conditions, by operation of law or otherwise, without misterb&b’s prior written consent. Any attempt by you to assign or transfer these Agency Partner Offer Conditions, without such consent, will be null and of no effect. misterb&b may assign, transfer or delegate these Agency Partner Offer Conditions, at its sole discretion, without restriction.

17.6. Unless specified otherwise, any notices or other communications permitted or required under these Agency Partner Offer Conditions will be provided by misterb&b electronically via writing and given by misterb&b (i) via email (in each case to the last electronic address that you provided on your misterb&b Account or to complete the booking of a Professional Lodging, in the event you are not a misterb&b Member), or (ii) by posting on the Site or on the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

17.7. Captions, section headings, and numbers have been set forth in these Agency Partner Offer Conditions for convenience only and are not to be used in construing these Agency Partner Offer Conditions.