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Terms & Conditions

• (a) satisfy a legal basis in order to make available any BoutiqueHomes Personal Data to us to process for the Permitted Purposes;
• (b) ensure that Customers are made aware, via your privacy policy and by any other
  appropriate means, that their personal data shall be shared with us for the Permitted Purposes;
• (c) direct Customers to our privacy policy for more information about our handling of their personal data
• (d) Ensure that the customer signs the terms and conditions of BoutiqueHomes and of the house booked.
• (e) Ensure the signed terms & conditions of the house booked and BoutiqueHomes are sent back to [email protected]
  

Our responsibilities

(a) process BoutiqueHomes Personal Data in connection only with a Permitted Purpose;

(b) not divulge the whole or any part of the BoutiqueHomes Personal Data to any person, except in connection with a Permitted Purpose;

Customers and Third-Parties

You acknowledge that we:

(a) may send emails to Customers relating to Bookings;

(b) sign customers up to our newsletter

15. Data security
(a) maintain appropriate technical and organizational measures to protect the personal data they each process against a personal data breach; and

(b) in the event of a confirmed personal data breach within systems under that party’s possession or control, promptly notify the other party if the personal data breach (i) affects BoutiqueHomes Personal Data that is also processed by the other party under this Agreement;

17. Customer Cards

15.10 In the event a Customer Card is used to make Bookings:

(a) you represent and warrant that the use of such Customer Card is authorized by the Customer. Each Booking made using the Customer Card shall be deemed by us to have been authorized by the Customer;

(b) for each Booking you shall transmit all necessary payment and card information to enable us to process the payment through the Customer Card; and

(c) you shall not save or store any Customer Card details in the BoutiqueHomes Website.

18. Intellectual Property
Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, non- transferable, revocable, royalty-free license to use the BoutiqueHomes Website for the purposes of providing the marketing services contemplated under and to the extent permitted by this Agreement. You acknowledge that we own and retain all right, title and interest in and to the BoutiqueHomes Website.

19. Term and Termination
17.1 This Agreement shall commence on the Effective Date and shall continue indefinitely until terminated by either party in accordance with the terms of this Agreement (the Term).

Either party may terminate this Agreement:

• (a) at any time upon not less than 30 days’ written notice; or
• (b) immediately in the event we notify you of a change pursuant to clause 29.12 and you notify us that you object to the changes in accordance with clause 29.12.
  
  

We may terminate this Agreement immediately (or on the expiry of such other period as we may specify) upon written notice any time:

20. Confidentiality 

Each party shall keep the other’s Confidential Information confidential and shall not:

(a) use such Confidential Information except for the purposes of this Agreement; or

(b) disclose such Confidential Information (in whole or in part) to any third party, except to its Representatives, sub-contractors, professional advisors and Group Members, each of whom has a need to know the Confidential Information in connection with this Agreement and provided that it shall procure that such persons comply with these confidentiality obligations.

21. Insurance
During the Term you shall maintain, with a reputable insurer, the requisite insurance coverage as required by all applicable law and as is necessary to meet your obligations under this Agreement. Such insurance shall include coverage for commercial general liability and professional liability at limits not less than an amount equivalent to the annual Commissions paid to you under this Agreement. Upon request you shall provide us with copies of your insurance policy.

22. Compliance
You shall permit and/or shall procure that we are permitted access to, and/or provided copies of, such of your, your subcontractors' and your Representatives’ records, systems, premises, personnel and information to the extent necessary for the purpose of:

(a) verifying your compliance with this Agreement;

(b) investigating where we reasonably suspect, or have been notified of, a material breach of this Agreement, a potential or actual personal data breach, fraud and/or a breach of law; or

(c) fulfilling any request by a regulatory body of a competent jurisdiction. 

DISCLAIMER OF WARRANTIES

MATTER RELATING TO THE BH SERVICE.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.

Except as otherwise indicated in the Terms of Service, You may give notice to BH by writing:

Boutique Life Inc.

110 E 25th St,

New York, NY 10010

+1 201 588 5435

Should you wish to pursue your Claim after the Resolution Deadline, it shall be resolved by binding arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving New York County, New York, provided that each party waives any right to a jury trial.

For any claim where the total amount of the award sought is $10,000 or less, you may bring such claim in the Small Claims Court of Los Angeles County Superior Court. All other claims will be subject to binding arbitration before the AAA in New York City, New York. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving New York County, New York.

Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of Boutique Life Inc.’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Boutique Life Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

To the fullest extent permitted by law, the controlling language for these Terms of Service is English.

 
(viii) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Boutique Life Inc..

26. For Residents of Quebec / Pour les résidents du Québec
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

27. International Users
BH makes no representation that materials on this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with BH, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall BH be deemed liable under any laws other than the United States; (iv) his or her participation is governed by California law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

California Residents

Pursuant to California Civil Code section 1789.3, BH provides the following information:

28. General
The Terms of Service constitute the entire agreement between you and BH and governs your use of the Service, superseding any prior agreements between you and BH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of BH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without BH's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. BH may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

29. Force Majeure
Subject to clause 26.2, neither party shall be liable to the other for any failure or delay in the performance of its obligations under this Agreement (save in respect of any obligation to pay any amounts due and payable) to the extent that such failure or delay arises due to reasons beyond such party's reasonable control, provided always that the affected party promptly notifies the other of the cause and likely duration of the failure or delay and takes all reasonable steps to overcome the failure or delay as soon as possible. For the avoidance of doubt, hotel overbookings shall not be considered a force majeure event

30. Copyright / DMCA
COPYRIGHTS AND COPYRIGHT AGENTS (Digital Millennium Copyright Act)

BH respects the intellectual property of others, and we ask our users to do the same. BH will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BH the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your DMCA notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We reserve the right to send a copy of any such notice to a third party that may publish and/or annotates it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.



31. Notices