SECTION A - MEMBERSHIP TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS DEMONSTRATE RIGHTS, RESPONSIBILITIES AND OBLIGATIONS.
BY JOINING WE BOCOU OR REGISTERING FOR, ACCESSING, BROWSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, AS WELL AS ANY RELEVANT NOTICES APPEARING ON THIS SITE AND/OR BEING SENT TO YOU BY NOW AND IN THE FUTURE. YOU ALSO REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS (WITHOUT ANY AMENDMENT), DO NOT REGISTER FOR, ACCESS, BROWSE OR USE THE SERVICE OR THIS SITE.
1. SCOPE OF SERVICES
1.1. Webocou.com is a private community, namely members’ fully accessible electronic platform (hereinafter “We Bocou”), operated by “WBCORP Ltd.”, a Cyprus-based corporation, seated in Limassol, National VAT number 10369188Κ. Any contact and notice addressed to We Bocou must be sent to the following post address or the following e-mail address: email@example.com.
We Bocou operates its We Bocou services from Cyprus and makes no representation that We Bocou services are compatible with specific regulations or that are available in other locations. Access to the services from other locations is at the sole responsibility of the individual having regard to compliance with local laws and regulations.
1.2. The scope of services of the community is to offer exclusively to its members, at rates applicable to them, goods and services which are open for sale to them by other third parties (suppliers and/or service providers), subject to any prior sales and booking. We Bocou does not represent or act on behalf of either any member or any third part service provider in the conclusion and/or the performance of any agreement for the provision of services / sale of goods, with which offers or other discounts relate. We Bocou is not a contractual party to any of these transactions and, therefore, retains no control over or no responsibility for their conclusion, their terms and conditions and/or their performance.
1.3. Due to the nature of the services of the community, each member accepts and acknowledges that any failure and/or lack of services offered by We Bocou for a period of time not exceeding seven (7) calendar days over any given month is an acceptable level of proper operation of the services.
2. MEMBERSHIP ELIGIBILITY – FEES – TERMINATION.
2.1 All members have to comply with the terms and conditions of use of We Bocou; otherwise We Bocou is entitled to deny, suspend, restrict or terminate service or membership.
By using the We Bocou website and services, the member represents and warrants that he/she has got full authority and capacity to conclude agreements for the sale of goods and services, and to make legal payments against them.
2.2. At the time of registration, the member has got (a) to pay the enrollment fee for becoming a member of We Bocou community and (b) to pay the applicable membership fee, at the amount corresponding to the selected tier (“Membership Fee”), (c) to nominate one (1) e-mail address, at which all communication with the community and We Bocou is going to take place. Contact with this e-mail address shall be deemed, for all purposes, adequate and full communication, unless and until the member notifies We Bocou of a new, substituting, e-mail address.
2.3. The membership term is monthly, commencing on the day of payment and lasting one (1) month (30-days’ term). The member bears and is accountable for any levies, fees, taxes levied by any third party, either public or private. The membership and the enrollment fees are applied for the purposes of administration, management and maintenance of the services to the community of its members; as a result any fees paid are not refundable for any reason whatsoever.
2.4. Membership will renew (“Membership Automatic Renewal”) automatically on the day after the completion of a 30-day period, starting on the anniversary for which the member purchased the original membership, under the condition of receipt of full payment of the applicable membership fee.
2.5. Pursuant to Membership Automatic Renewal, renewal fees will be billed automatically, on the day on which the member’s membership term is due for renewal, to the payment card which the member has authorized for payment of membership fees, for the full amount of the then current Membership Fee. In case of failure to credit full payment on the authorized payment card, a new attempt to credit full payment shall be made in the subsequent seven (7) days.
2.6. Any member is entitled not to renew its membership by giving a prior, two (2) working days’, notice to We Bocou, either by e-mail or by selection of the relevant entry on We Bocou site. Any notice received after the above time limit shall be valid for the next 30-day term.
2.7. Any member may select any other membership tier at any time during its membership, such application on change of tier has to be filed to We Bocou either by e-mail or by selection of the relevant entry on We Bocou site. In case the application is filed during any membership term:
- if the member applies for a higher tier, the membership fee applicable to the higher tier will be billed and charged to the payment card the member has authorized for payment of Membership Fees; since change of tier will take effect immediately after payment, any days not used under the initial tier, will be pro-rata added to the following 30-days’ term, based on the value of each tier,
- if the member applies for a lower tier, the membership fee applicable to the lower tier will be billed and charged to the payment card the member has authorized for payment of Membership Fees at the commencement of the following 30-days’term.
2.8. We Bocou reserves the right to review and change the Membership Fee at any time. Changed fees are only applicable upon renewal or upon return to membership, subject to prior notice to members either by announcement on the community’s site or by e-mail to the members.
2.9. In case of termination / exclusion (ban) of membership or membership expiry for a period exceeding ninety (90) calendar days, ex-members are required to pay the enrolment fee for return to membership.
2.10. We Bocou reserves the right, at any time and at its sole discretion, to exclude and de-register, with a prior prompt, at least 5- calendar days’ notice, any member from the community, in case We Bocou receives a complaint from another member that there has been:
- a defamatory, or libelous, scandalous, abusive, obscene, discriminatory, or otherwise unlawful statement against the complaining member,
- harassing or unreasonably disturbing actions against the complaining member
- unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, or any other type of solicitation to the complaining member,
- alleged copyright infringement.
In all above cases: (a) a notice shall be given to the registered member’s e-mail, (b) the complaint shall be held at the disposal of the excluded member for its perusal for a period of three (3) months (c) any membership fee shall be refunded (not the registration fee), pro-rata if paid for any given period of time, only if the excluded member proves that the complaint is incorrect or fake.
Any excluded and de-registered member may not be invited to enroll again, at another member’s invitation, and may not enroll in any other way with the community, unless with We Bocou prior written consent.
2.11. Any member may not have more than one membership account, nor may he/she open an alternative account if its membership is suspended, restricted or terminated for any reason. Members may not share, sell, trade or transfer the membership account to another person, nor may accept an invitation for or use an account that was not originally their own. If an account violates these conditions, the account will be terminated immediately.
2.12. Any member may, at any time, request We Bocou that he/she withdraws from the community. Its request shall be complied with by We Bocou within five (5) calendar days, and the member shall be deleted from any lists available to other members and We Bocou’s membership databases (but not from any third party databases and/or any databases existent for fiscal or any other legal purposes). In this case, the membership fee paid for a given period of time shall not be refunded to this member, as We Bocou uses membership fees for the performance of its services to the community of its members. After the member’s withdrawal, We Bocou’s databases shall hold the member’s data to the extent required by law (fiscal purposes etc.)
3. CONDITIONS OF USE OF SERVICE
3.1 We Bocou provides a platform and environment for connecting with members and sharing information. If members enter into agreements with other members through We Bocou, We Bocou is not a contracting party to these agreements and cannot be held liable or accountable regarding these agreements.
3.2. We Bocou retains no responsibility for any refusal of third parties, including service providers, to provide services to any member on grounds that are relevant to the member and/or for which the member is accountable, and/or on grounds that do not relate to the conditions of We Bocou membership.
3.3. The communication platform and chatroom are not part of any services offered by We Bocou and any temporary or permanent failure of operation of the communication platform and chatroom do not constitute failure or lack of performance on behalf of We Bocou. By accessing the communication platform and chatroom, members accept and acknowledge application of the communication platform’s (pusher.com) terms and conditions.
3.4. Members are not allowed to use the platform and the chatroom for communicating, publishing and publicating personal information, namely information not to be found on the public domain, regarding members or any other third parties. We Bocou is not responsible for any kind of communication between members, and is not capable of controlling exchange of this information. The only purpose of the communication platform and the chatroom is to enchance its members’ social relationships; as a result We Bocou cannot be held liable for the context of any information exchanged between members. Nonetheless, in case We Bocou receives a member’s or third party’s complaint about the information communicated and/or publicated by one of its members, We Bocou shall act pursuant to article 2.10. hereof.
3.5. Members are not allowed to use the platform and the chatroom for communicating and publicating any kind of advice regarding financial services, investment products and services, monetary tools, health-, medical- and national defense- related products and services. Any such communication shall be made against We Bocou’s permission and this member shall be liable for any loss or damage incurred either to any other member and third party or to We Bocou.
3.6. We Bocou has not got any control over the content exchanged and posted by its members and, as a result, We Bocou may only intervene, subject to the communication platform’s terms and conditions, after a clear complaint is filed with We Bocou, communicated to We Bocou either by post or by e-mail, as described in Article 2.10. herein. We Bocou does not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted or generated by members, nor does it endorse any opinions expressed by members.
3.7. Pursuant to the above, We Bocou reserves the right, at its sole discretion, to remove any content posted by any member:
- for reasons including, but not limited to, that the content is considered unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or
- because it may infringe or violate any third party’s intellectual property, privacy or other rights, or
- for reasons that the content is considered to be unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, or any other type of solicitation to other members, and/or considered harassing or unreasonably disturbing to any other member
3.8. Without prejudice to the above, each member is solely responsible for and assumes all liability regarding any information or content this member or this member’s account posts, transmits, publishes, or otherwise makes available to We Bocou.
3.9. Without prejudice to the above, We Bocou reserves all its rights to exclude / ban any member acting in violation of We Bocou terms and conditions from the membership community or from the membership platform and chatroom; in both cases any fees paid are not refundable.
3.10. We Bocou reserves all its rights against any member acting illegally either against We Bocou itself or any of the other members or any other third parties, while having access or making use of We Bocou services, and/or the platform and/or chatroom.
ANY REGISTERED MEMBER AGREES TO INDEMNIFY, SAVE, AND HOLD WE BOCOU, ITS AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS AND ITS THIRD-PARTY SUPPLIERS, LICENSORS, PARTNERS AND THEIR AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES AND AGENTS, HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF THIS MEMBER’S USE OR MISUSE OF WE BOCOU SERVICES, ANY VIOLATION BY THIS MEMBER OF THESE TERMS, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY THIS MEMBER HEREIN.. We Bocou reserves the right, at the member’s expense, to assume the exclusive defense and control of any matter for which this member is required and obliged to indemnify We Bocou and its third-party suppliers, licensors and partners.
Any such member agrees to cooperate with We Bocou’s defense of these claims. We Bocou will notify the member of any such claim, action, or proceeding as soon as practically possible upon becoming aware of it.
3.12. Personal profiles
The member agrees that, by using We Bocou community and any of We Bocou services, a profile is going to be created for himself/herself. The member’s profile may be presented to other members with whom the member share common interests, as determined by profile information entered by this member. Nonetheless, members are under no obligation to contact, connect with or communicate with other members whose profiles are displayed to them.
It is expressly agreed to by any member that, by participation to We Bocou community, that We Bocou, its service providers and assignees, as well as dedicated payment instruments, shall hold, collect and use personal data of its members regarding the member’s goods and services preferences, transactions, requests and communication profile for the purposes of fulfillment of its undertakings and contractual obligations as well as marketing purposes.
We Bocou shall not hold, collect or use any personal data relevant to any member’s origin, health, sexual life, religious and political beliefs. We Bocou shall not, at any time, make any attempt to establish any member’s personal appearance, unless already communicated to We Bocou, save to the extent obligated by law.
3.14. Any member is entitled to have access to the data held by We Bocou and its designated data collector and user, after submitting a clear request to We Bocou (e-mail: firstname.lastname@example.org), in which case We Bocou or its designated collector and user, after having established the member’s identity details, shall give full access to such information. Such member may request that its data are modified in order either to delete any data the member decides that he/she wishes not to be held by We Bocou, or to modify any data that the member proves to be inaccurate; any such deletion and/or modification shall be effected to the extent permitted by applicable law.
4. MEMBERSHIP CARD.
4.1. After registration and within fifteen (15) working days, each member is supplied with a Membership Card. Each member is required to use its Membership Card in conjunction with valid photo identification in order to verify its identity if requested. Membership Cards are valid only during the duration of membership term and remain valid upon renewal. The cost of replacement of Membership Card is fifteen (15) Euros.
4.2. The member accepts and acknowledges that he/she is personally responsible for any charges, including taxes and incidentals, or payments that may or may not be mandatory in order to redeem member points and/or to get any benefits and offers in any applicable jurisdiction.
4.3. Each tier of Membership is governed by its own terms and policies, as displayed on We Bocou website.
4.4. Any points awarded, gift cards or other benefits to members are valid until the 31/12 of the year in which they are awarded, otherwise they will be forfeited. Special terms and conditions by third party providers shall supersede.
5. SOFTWARE AND CONTENT DOWNLOADS - OWNERSHIP; PROPRIETARY RIGHTS
5.1. Except with We Bocou’s prior, written consent, any member may not, directly or indirectly, use We Bocou’s names, trademarks, service marks.
We Bocou and its licensors may make certain software and other content available to its members for download (for a fee or otherwise) from the We Bocou services. All such software or other content that any member downloads shall be subject to the terms and conditions included with such software or content or otherwise presented to the member at the time of download.
5.2. Services are operated by We Bocou. All materials, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the We Bocou services provided by We Bocou (collectively, the “Materials”) are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials used or included in the services are the property of We Bocou and/or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to We Bocou or its affiliates and/or third-party licensors. Any member is not allowed and any member agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. For the avoidance of doubt, any and all derivative works, for the creation of which any Material has been used, are Materials and are operated exclusively by We Bocou and are owned by its licensors.
5.3. By posting or submitting content or information on the We Bocou website, each member automatically grants We Bocou a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on this website.
6. OTHER SITES, PRODUCTS AND SERVICES; LINKS.
6.1. We Bocou services may include links or references to other websites or services that are provided solely as a convenience to Members (“Other Sites”). We Bocou does not endorse any such Other Sites or the information, materials, products, or services contained on or accessible through Other Sites.
Access and use of Other Sites, including the information, materials, products, and services that are available through Other Sites is solely at the member’s own risk and responsibility. Access and use of Other Sites requires the member’s acceptance and acknowledgment of these Other Sites’ terms and conditions.
7. DISCLAIMERS; NO WARRANTIES.
7.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE BOCOU AND ITS AFFILIATES, PARTNERS, LICENSEES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE AND THE MEMBER’S USE THEREOF. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY THE MEMBER EITHER FROM WE BOCOU OR THROUGH THE WE BOCOU SERVICES OR COMMUNITY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
THE MEMBER ACKNOWLEDGES THAT WE BOCOU AS USED IN THIS ARTICLE 7 AND IN ANY PART OF THESE TERMS, MEANS AND INCLUDES THE CORPORATION THAT USES THE WE BOCOU TRADEMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSEES, LICENSORS AND SUBCONTRACTORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS.
7.2.“As is” and “As available” and “With All Faults.” THE MEMBER EXPRESSLY AGREES THAT USE OF WE BOCOU SERVICES IS AT ITS SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, MEMBER CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
7.3Content. WE BOCOU, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, MEMBER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
7.4 Accuracy. WE BOCOU, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
7.5 Harm to the Member’s Computer. EACH MEMBER UNDERSTANDS AND EXPRESSLY AGREES THAT IT USES, ACCESSES, DOWNLOADS, OR OTHERWISE OBTAINS INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT ITS OWN DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY (INCLUDING THE COMPUTER SYSTEM) OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
8. LIMITATION OF LIABILITY AND DAMAGES.
8.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BOCOU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM THE MEMBER’S USE OF OR THE MEMBER’S INABILITY TO USE THE SERVICES OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH WE BOCOU, EVEN IF WE BOCOU, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS OR ANY AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE LIKELYHOOD OF SUCH DAMAGES. WE BOCOU’ LIABILITY, AND THE LIABILITY OF ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS, IF ANY, WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8.2 Limitation of Damages. IN NO EVENT WILL WE BOCOU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO THE MEMBER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE MEMBER’S USE OF THE SERVICE OR ITS INTERACTION WITH OTHER SERVICE MEMBERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT OF THE MEMBERSHIP FEE APPLIED ON A ANNUAL BASIS.
8.3.Other Sites. THESE LIMITATIONS OF LIABILITY, IF SUCH LIABILITY WERE PROVEN TO ARISE FOR WE BOCU, ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE MEMBER BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WE BOCOU AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY THIRD PARTY SITES.
8.4. Basis of the Bargain. THE MEMBER ACKNOWLEDGES AND EXPRESSLY AGREES THAT WE BOCOU HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE MEMBER AND WE BOCOU INCLUDING AND ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE MEMBER AND WE BOCOU.
8.5. Limitations by Applicable Law. THE MEMBER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
9. AMENDMENT OF THE TERMS OF SERVICE AND THE WEBSITE.
9.1 We Bocou reserves the right, at its sole discretion, to change, modify, add, suspend, terminate or remove parts of these Terms of Service at any time.
We Bocou reserves the right to make changes to the Website or the We Bocou services at any given time, to add charges for its services or for particular features, to modify any fees or services, as well as to change and/or remove offers and benefits. For any changes in the We Bocou services, charges, fees or offers and benefits, a prior 2-calendar days’ notification shall be given to all members e-mail addresses or on We Bocou website.
9.2. Unless the member opposes to the notified changes aforementioned within the period stipulated above by email or registered mail to the addresses stated in Article 1 hereof, all changes will be deemed accepted by the member upon expiry of the period stipulated above. Should the members’ opposition result in We Bocou no longer being able to render its services at the level acceptable to We Bocou, We Bocou may terminate the member’s account and refund to this member, pro-rata, any membership fee this member has already paid for a given period, unless the notified changes are required for legal conformity or technical reasons. In the latter case, the member’s account shall be terminated and no membership fee shall be refunded to such member.
10. GOVERNING LAW – DISPUTE RESOLUTION - MISCELLANEOUS
10.1.Governing Law. The terms of Service and Use (SECTION A and B) (herein referred to as “Terms”) and the agreements related to them, as well as any disputes arising in relation or in connection with the above, will be governed by and construed in accordance with the laws of Cyprus, without giving effect to any principles of conflicts of law.
10.2.Resolution of disputes - Jurisdiction. Any dispute arising out or in connection with the membership relationship under these Terms, and/or the provision of services by We Bocou, and/or in connection with these terms and conditions, shall be referred to and finally and bindingly determined by the competent courts of Nicosia, Cyprus.
10.3.Alternative Dispute Resolution. Any dispute arising out or in connection with the membership relationship under these Terms, and/or the provision of services by We Bocou, and/or in connection with these terms and conditions, may be referred by the member, if acting as a consumer, to the Alternative Dispute Resolution Authority for Consumer Disputes, which, in the case of Cyprus, is the Authority of Consumer Protection at http://www.consumer.gov.cy/mcit/; WeBocou and the member, acting as consumer, may choose an accredited Alternative Dispute Resolution Body, the list of which may be found in aforementioned site, to resolve any dispute at the time it has arisen.
10.4.Waiver. The failure of We Bocou to exercise or enforce any right or provision either in accordance with these Terms or vested to it by law, will not constitute a waiver of such right or provision.
10.5.Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
10.6.Survival. Upon termination of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
SECTION B -
Use of the Membership Offers /Benefits is governed by following terms and conditions as well as any particular terms included in the Offers /Discounts which prevail in case of any conflict with the following terms:
1. Offers – Benefits
1.1. We Bocou has concluded special agreements with service providers and suppliers in order to get the offers / benefits available to its members. We Bocou undertakes no responsibility whatsoever towards any member in case any offers or discounts, as notified on We Bocou website, are not available to any member or are in any way different at the time the member requests any notified offer or discount from any provider/supplier.
1.2. We Bocou does not represent any availability in third party providers/ suppliers. Moreover, it does not represent or makes any warranty that the member shall be accepted for services or for sale of goods by any third party provider / supplier.
1.3. Any member is exclusively responsible for compliance with terms and conditions of service or sale applicable by any third party provider/supplier’s policy.
We Bocou has not checked the information announced by the third party provider/supplier to the members on We Bocou website. It is the member’s responsibility to establish the accuracy of information and descriptions included in third party content.
1.4. In case there exists any rejection of offer or benefit by third party providers / suppliers, the member has got to contact We Bocou as soon as practicably possible and always reserve its rights in writing or by any durable medium towards them if the members receives any goods and/or services in the meantime. We Bocou undertakes no responsibility and liability towards the member, in case the member has not reserved its right to make use of its membership applicable special terms.
1.5. Offers and benefits are not redeemable in cash. Moreover, any vouchers that are part of the membership scheme, as well as redemption of points, may not be refunded or exchanged with money. Vouchers may not be used for previously purchased or previously booked/ reserved services or goods.
1.6. Offers and benefits may not be transferred, and are void if purchased, sold or bartered.
1.7. Offers and benefits may only be redeemed during the term of validity of membership. The possession of the membership card itself does not prove or indicate validity of membership.
1.8. Application of offers and benefits requires that the member informs the service provider and/or supplier that it intends to make use of the membership offers or benefits, specifying the offer/benefit, at the time of booking and/or registration – welcoming to the facility, which ever the earliest, and before making its order/booking.
1.9. The member has got to show to the service provider/supplier its membership card whenever it is requested to do so by such provider/supplier, as well as any identification documentation bearing a photo.
1.10. Each offer/benefit may not be used in conjunction either with any other offer/benefit, generally applicable to the service provider/supplier, or with any other offer/benefit of the Community applicable to its members.
1.11. Offers and benefits are not applicable on taxes, levies or any other third party mandatory charges.
2. Food and drink services
2.1. Offers and benefits may be used for one (1) final billing per visit of the facility.
2.2. Offers / benefits are applied on the standard menu / catalogue rates, as quoted by the facility provider itself.
2.3. Offers/benefits are available to members only if they are served on a sitting table basis; otherwise, third party providers are entitled to charge according to their standard pricing policy.
3. Excluded days – Excluded discounts
3.1. Third party service providers / suppliers may exclude specific days during which offers / benefits are not applicable, as announced either on the provider’s / supplier’s website or on We Bocou website.
3.2. Hotels.com’ exclusions’ list, including any excluded discounts and/or benefits, is available at https://uk.hotels.com/page/hotel-exclusions-emea/?pos=HCOM_UK&locale=en_GB