Auction Site User Agreement
This is a legal agreement between you, the user, and The Last Minute Club
Inc.
- GENERAL USE PROVISIONS
This site is provided only as a venue for bidders The Last Minute Club
in conjunction with its Third Party Providers will provide best efforts
on fulfilling the offerings.
- INTELLECTUAL PROPERTY
All materials provided on this Website, including but not limited to information,
documents, products, logos, graphics, images, auctions, and services are
the wholly owned and copyrighted work of The Last Minute Club Inc. and/or
its Third Party Providers. None of the materials posted herein may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including but not limited to electronic, mechanical,
photocopying, recording, or other means, without the prior express written
permission of The Last Minute Club Inc. or the appropriate Third Party Provider.
You may not "mirror" any materials contained on this Website on
any other server or site without The Last Minute Club Inc.'s prior written
consent. In order to register on this site you must provide your true name
and a valid email address.
- BIDDING
Bidding on an item indicates your intent to purchase that item and is considered
a legally binding contract between yourself and The Last Minute Club Inc.
. Bids cannot be cancelled once they are submitted. Upon receiving notification
that you are the winning bidder you are obligated to purchase the item. The
Last Minute Club Inc. may, at its sole discretion, release the names of the
winning bidders. The winning bidders agree to participate in reasonable promotional
activities for The Last Minute Club Inc.
- REGISTRATION
By registering on this site, you agree that The Last Minute
Club Inc. may contact you for similar products and promotions. In no event
will The Last Minute Club Inc. release your personal information to any third
parties except to fulfill your request and to process promotional offerings
as part of The Last Minute Club.
- MEMBERSHIP FEE
You agree to pay the current Last Minute Club Membership fee incurred if you are the winning
bidder from your use of this Website.
All fees incurred in connection with this Website are non-refundable.
- DENIAL OF SERVICE
The Last Minute Club Inc. reserves the right to refuse service to anyone for
any reason. This right will be exercised when it becomes evident a user is
in some way abusing the system.
- FREE SEAT OFFERS
Free seat offers are not applicable in conjunction with any trips won within the Last Minute Club auctions.
- AUCTION PAYMENT
Payment for auctions must be made by either credit card or MBNA points only. No cash payments are accepted for auctions won.
- TERMS OF SERVICE
This comprises the entire agreement between the User and The Last Minute Club
Inc. and supersedes all other agreements. By registering and participating
as a user you are indicating your consent to be bound by this agreement.
- The Last Minute Club will safeguard your information and only
disclose it to third parties for the sole purposes of providing the products
and services you are purchasing or to contact you with regards to products
or services that may be of interest to you. The Last Minute Club may advertise
winning bids. However, bidders will only be identified by their Nicknames.
- DISCLAIMER
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY
ON AN "AS IS" BASIS. The Last Minute Club Inc. HEREBY DISCLAIMS
ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION.
YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES
ARE SUFFICIENT FOR YOUR PURPOSES. The Last Minute Club Inc. DOES NOT MAKE
ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED
ON THE WEBSITE. Please refer to the Third Party Provider's Brochure for Terms
and Conditions. All products are for the date and duration as identified
and are not transferable, refundable or alterable.
- LIMITATION OF LIABILITY
The Last Minute Club Inc. and its Third Party Providers SHALL NOT BE LIABLE
FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING ITEMS
ON THIS WEBSITE. IN NO EVENT SHALL The Last Minute Club Inc. BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF
The Last Minute Club Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. YOU AGREE TO HOLD The Last Minute Club Inc. HARMLESS FROM,
AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST The Last Minute
Club Inc. , ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
IMPORTANT INFORMATION BEFORE YOU BEGIN BIDDING.
This auction site is for
current Last Minute Club members only. If you are not a member of the Last
Minute Club, or if your membership has expired, you may bid, but you will receive
a call or email from The Last Minute Club Inc. asking you to join or renew
your membership. If as a non-member, or expired member, you bid - and win an
auction - the current membership plus GST will be added to the invoice
along with the price of your trip.
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