Last revised on March 27, 2017
The Terms are important and affect your legal rights. Please take the time to read them carefully. You must accept the Terms in order to use or access the Services (defined below). If there is a conflict between the Terms posted here and the Terms posted for a specific HelloGbye Service, the Terms posted for the specific HelloGbye Service will govern and control with respect to, and to the extent of, any inconsistency. The Terms are your contract with HelloGbye.
- INTRODUCTION. Thank you for choosing HelloGbye to plan your travel.
HelloGbye offers travel management related services, products, technologies, features, content and functions on a fully digital platform (collectively, the Services and each individually, a HelloGbye Service) by way of www.hellogbye.com, and any other websites controlled by HelloGbye (collectively, the Site), and by way of a download of the HelloGbye application which is available through the Site, or the Apple App Store (the App).
The term “you” refers to any person or user that accesses the Services using the Site or the App. In the case of a company, organization or entity establishing an account (a Small Business, and such account a Small Business Account), “you” includes the administrator and any person identified by the Small Business from time to time who accesses or use the Services, the Site or the App. The terms “you” and “your” as used in these Terms apply to both you and the Small Business, as applicable. .
The Services are offered in various jurisdictions by the HelloGbye entity noted at the bottom of these Terms, and together with their respective parent companies, affiliates or related parties are collectively referred to as HelloGbye, we, our or us). By accessing or using the Services, Site or App you are entering into a binding agreement with the HelloGbye entity at the bottom of these Terms. You acknowledge that you have read and understood these Terms, that you accept these Terms, and that you agree to be bound by them. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS, THEN YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES, THE SITE AND THE APP.
The Services includes social and interactive features, and use of these requires several technical requirements.
HELLOGBYE IS NOT: (i) A TRAVEL AGENT OR INSURER; (ii) PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND THIRD PARTY PROVIDERS (AS DEFINED BELOW); (iii) AN OWNER OR OPERATOR OF ACCOMMODATIONS OR AIRLINES; AND iv) AN AGENT OF ANY PERSON INCLUDING ANY THIRD PARTY PROVIDER.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, INFORMATION ABOUT AUTOMATIC RENEWALS AND FEES, INFORMATION ABOUT PRIVACY, A CLASS ACTION WAIVER, INFORMATION ABOUT FUTURE CHANGES TO TERMS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
In order to use the Services, you represent, warrant, covenant, confirm and acknowledge that:
(i) you are at least 18 years of age (or the age of majority where you reside);
(ii) you possess the legal authority, right and capacity to enter into this agreement, and to create a binding legal obligation for any liability you may incur as a result of your access and/or use of the Services, the Site, and/or the App;
(iii) you will access and/or use the Services, the Site, and/or the App in accordance with these Terms and will not access and/or use the Services, Site, and/or the App for any commercial, speculative, false, fraudulent, inappropriate, improper or unlawful purposes;
(iv) you will only access and/or use the Services, the Site, and/or the App to make legitimate travel management searches for yourself, or Companions (as defined herein) as permitted by these Terms;
(v) you will not: (A) publish, publically perform or display, or communicate to the public or otherwise distribute to any third party, any Content (as defined below); (B) market, sell, re-sell the Services, the Site, the App or any Content; (C) make derivative uses of the Services, the Site, the App or the Content or (D) otherwise breach the terms of any Third Party Provider applicable you;
(vi) all information supplied by you (including without limitation home or business address (which must match the current address on file with your credit card provider), contact email address, birth date, and travel documentation information) is true, accurate, correct, current and complete, and you agree to promptly update your account or Small Business Account profile information in order to keep it true, accurate, correct and current at all times;
(vii) you will safeguard your account or Small Business Account information, user name and password (collectively, ID) which allows you to access and/or use the Services, the Site and the App;
(viii) HelloGbye is not responsible to maintain your search or travel history indefinitely;
(ix) you are not listed on any government list of prohibited or restricted parties; and
(x) you are a resident in a country, state or province where the Services are available.
- MODIFICATION OF TERMS. We may make changes to the Terms including changes to Access Fees (defined below) and Membership Fees (defined below), and if we do so, we will post the revised Terms on the Site and App, or we will otherwise communicate the changes to you. Please read all notices from HelloGbye carefully. The revised version of the Terms will be effective at the time that we post it. Your continued use of the Services, the Site and/or the App will be deemed to constitute your conclusive acceptance of the revised Terms. EXCEPT AS PROVIDED IN THE BINDING ARBITRATION PROVISION BELOW, IF THE REVISED TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING THE SERVICES, THE SITE AND THE APP.
- OUR SERVICES, REGISTRATION & PAID ANNUAL SUBSCRIPTIONS. HelloGbye provides access to the Services online through the Site or the App for a fee (Access Fee). You agree that all Access Fees charged and paid by you are always non-refundable, including following any change made to or cancellation of an itinerary For an additional cost, you can make changes to an itinerary which you booked using the Services by contacting our customer service representatives as the number noted below.
To use the Services, each user must register using the Site or the App to create an account or Small Business Account. Certain features may not be available to all users. We will explain which services are available to you depending on your location when you register. You may register through the Site or the App as:
(i) basic “pay as you go” user (Basic User) whereby you must pay Access Fees to use certain Services;
(ii) a frequent traveler member (Member) with an annual membership subscription (Membership) whereby you must pay an annual membership fee (Membership Fee) continuously and monthly in advance to receive privileges provided from time to time as posted on the Site and the App, such as preferred hotel rates, no Access Fees for yourself and a limited number of Companions, and “cash-back” or other incentive programs for qualifying Members; and
(iii) an administrator for a Small Business and associated Small Business Account. If you open a Small Business Account you unconditionally represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms and that you are authorized to bind the Small Business to the Terms. A Small Business Account permits individuals within a single Small Business to register as individual Members for a Membership Fee payable by the Small Business. Terms pertaining to Small Businesses may vary from time to time.
You may choose to invite individuals, who may or not have registered with HelloGbye, to “join” your itinerary (Companions). Companions must be 18 years of age. You represent, warrant, covenant and confirm that all information supplied by you on behalf of Companions is true, accurate, current and complete. Companions may choose to register an account with HelloGbye, thereby permitting costs of itineraries to be shared (to the extent permitted by travel industry legislation and regulation) at check-out.
Any changes to privileges, features, Access Fees and Membership Fees will be posted to the Site and the App in advance of such change. Your continued use of the Services, the Site or the App after the change to privileges, features, Access Fees or Membership Fees goes into effect constitutes your agreement to such changes. If as a Member you cancel your Membership, or if your Membership is interrupted (for example, you do not make payment of your monthly membership fee) you will forfeit your eligibility to receive proceeds under the cash-back or other incentive programs, and other privileges associated with being a Member. Access Fees and Membership Fees can be paid by major credit cards then accepted by HelloGbye.
When you register for a Membership you consent to get access to the Services immediately. If you reside outside of the United States and you change your mind for any or no reason, and if you have not accessed the Services, you are entitled to a full refund of all monies paid if you request such within the “cooling-off” period provided by law in the jurisdiction of your residency (as indicated by your credit card details). Please contact us at email@example.com to request such a refund. The refund method will be determined by HelloGbye and depend upon the payment method.
- TRANSACTION, CANCEL AND CHANGE FEES. Should you choose to contact a Third Party Provider directly to perform a booking, cancellation or change to an itinerary, please note that the then in effect Third Party Provider administration fees will be charged by the Third Party Provider to your credit card. HELLOGBYE IS NOT RESPONSIBLE FOR ANY ITINERARY OR PART OF ONE THAT IS BOOKED, CANCELLED, CHANGED OR MODIFIED OUTSIDE OF THE SITE AND/OR THE APP.
PLEASE NOTE THAT IN ADDITION TO ANY APPLICABLE ACCESS FEE OR THIRD PARTY PROVIDER ADMINISTRATION FEE, AIRLINE PROVIDERS, HOTELS AND OTHER TRAVEL SERVICE PROVIDERS MAY CHARGE FEES UNDER THEIR CANCELLATION AND/OR CHANGE POLICIES.
In the event that you do not show for the first night of a hotel reservation and plan to check-in for subsequent nights in your reservation, we recommend that you confirm the reservation changes with the hotel no later than the date of the first night of the reservation to prevent cancellation of your reservation and ensuing cancellation fees.
- FREE TRIALS FOLLOWED BY AUTOMATIC CHARGING. From time to time, we may offer trials of Memberships for a specified period without payment or at a reduced rate (Trial). HelloGbye reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
Trials will require that you to provide your payment details to start the Trial. AT THE END OF A TRIAL, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE MEMBERSHIP ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE MEMBERSHIP THROUGH YOUR HELLOGBYE ACCOUNT OR SMALL BUSINESS ACCOUNT SUBSCRIPTION PAGE OR TERMINATE YOUR HELLOGBYE ACCOUNT BEFORE THE END OF THE TRIAL.
IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE MEMBERSHIP THROUGH YOUR HELLOGBYE ACCOUNT OR SMALL BUSINESS ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR HELLOGBYE ACCOUNT OR SMALL BUSINESS ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. MEMBERSHIPS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, HELLOGBYE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR MEMBERSHIP. PRIVILEGES SUCH AS CASH-BACK ARE SUBJECT TO FORFEITURE ON CANCELLATION OF YOUR PAID SUBSCRIPTION.
- TRY FEATURE. HelloGbye may provide from time to time a “try” feature permitting visitors to perform a limited amount of travel management searches. Anonymous visitors will not have the ability to purchase any travel related or entertainment services and the use of the Site or the App by such persons remains subject to these Terms.
- TRANSMISSION OF PERSONAL AND PROPRIETARY INFORMATION OVER BORDERS. You further acknowledge and agree that by providing HelloGbye and Third Party Providers with any and all personal or proprietary personal information you consent to the transmission of the personal and proprietary information over international borders as necessary in accordance with HelloGbye and Third Party Provider standard business practices.
- DESIGNATING ANOTHER INDIVIDUAL TO MAKE RESERVATIONS ON YOUR BEHALF. While you may designate another individual, or service approved by us, to manage your travel itinerary and purchase travel related or entertainment services on your own behalf from Third Party Providers, you are responsible for all activities that occur with the use of your ID including without limitation any costs or charges incurred.
HelloGbye and Third Party Providers may rely on the authority of anyone accessing the Site or the App using your ID without further investigation by HelloGbye or Third Party Providers and in no event will HelloGbye or Third Party Providers be held liable to you for any claims, expense, liabilities, loss or damage resulting from or arising out of (i) any action or inaction of HelloGbye under this provision; (ii) any unauthorized access to your account or Small Business Account; (iii) unauthorized use of your ID; or (iv) any compromise of the confidentiality of your ID or personal information.
- SECURITY BREACHES. You agree to notify HelloGbye immediately of any disclosure or unauthorized use of your ID or any other breach of security at firstname.lastname@example.org. It is entirely your responsibility to maintain the confidentiality of your ID. HelloGbye reserves the right in its discretion to take any and all action as it deems necessary or reasonable to maintain the security of the Site, the App and your ID, including terminating your account or Small Business Account, locking you out of your account or Small Business Account, changing your password, or requesting information to authorize transactions on your account or Small Business Account. While we take prudent steps to protect your ID, the Site and the App, we cannot be and are not responsible to protect your ID or your other information outside of the Site or the App.
For more information regarding the information we collect from you and how we use it, please consult our Privacy Statement.
- ADDITIONAL TERMS OF THIRD PARTY PROVIDERS. Additional terms will apply when you book and/or purchase any travel related or in-city content or service from any third party person or entity, including fulfillment providers, airlines, hotels and any other person who assists us in providing the HelloGbye Service, the Site or the App (collectively, in these terms Third Party Providers), and apply when you provide credit card information and/or travel document information to HelloGbye vault providers.
(i) Content. Use of Services, the Site, and/or the App include access to content such as information, data, software, products, services, photographs, graphs, video, typefaces, third party brand features, graphics, music, sounds, images, illustrations, videos, maps, designs, icons, opinions, advice, written and other material, and price and availability of travel related services, made available by Third Party Providers (collectively, Content).
YOU UNDERSTAND THAT A THIRD PARTY PROVIDER MAY HAVE THEIR OWN TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES. YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF BOOKING AND PURCHASE OF CONTENT IMPOSED BY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, PAYMENT OF ALL AMOUNTS WHEN DUE AND COMPLIANCE WITH THIRD PARTY PROVIDER RULES AND RESTRICTIONS REGARDING AVAILABILITY AND USE OF FARES, PRODUCTS OR SERVICES, REFUNDS, AND CHANGE FEES. Third Party Providers may charge additional fees and impose additional terms for which you are responsible, such as requiring you to present a credit card or cash deposit upon check-in or requiring you to sign their liability waiver prior to participating in the services and/or activities they offer.
(ii) Violation of Content Rules and Restrictions. You agree that any violation of any Third Party Provider’s rules and restrictions with regards to Content may result in cancellation of your bookings and purchases, in your being denied access to the applicable products or services, in your forfeiting any monies paid for such bookings, and/or in your credit card being debited for any costs incurred as a result of such violation.
(iv) No Endorsement of Third Party Providers or Content. The use by HelloGbye of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any Third Party Provider, and the availability of specific Content, should not be construed as an endorsement or sponsorship of any such Third Party Provider.
(v) Independent Contractors. Third Party Providers are independent contractors and not agents, representatives, partners or employees of HelloGbye. HelloGbye is not liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any such Third Party Providers or any respective officer, director, employee, agent or representative thereof or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. HelloGbye does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to, Content (including pricing, features, conditions or availability of accommodations or automobiles, as the case may be, and/or travel, photographs, list of hotel amenities, general product descriptions, etc.)
(vi) Privacy. You agree that through the use of the Services the Site and/or the App, HelloGbye will share personal information provided or made available by you with Third Party Providers that we are reasonably required to share in order to facilitate the transactions you request. HelloGbye is not liable for: (i) any breach of applicable privacy laws by Third Party Providers with respect to any of your data that we share with them; or (ii) the advertent or inadvertent release of your data by a Third Party Provider to any other person.
- NON-COMMERCIAL USE. Services, the Site and the App are intended for personal, non-commercial use only. Basic Users, Members, organizations, companies and/or businesses may not access and/or use the Services, Site, App or Content in connection with any commercial endeavors, such as (i) advertising, contacting or soliciting any Basic User or Member to buy or sell any products or services, with the exception of pursuant to any Referral Program (defined below); or (ii) soliciting others to attend social functions or networking for commercial purposes; or (iii) assisting, enabling, facilitating or otherwise permitting anyone who is not a Basic User or Member to access and/or use the Services, Site, App and/or the Content for any purpose.
- SUSPENSION AND TERMINATION OF ACCESS AND/OR MEMBERSHIP. Membership is automatically renewed annually unless otherwise terminated in accordance with these Terms.
You may terminate your Membership at any time, and any Membership Fee already paid by you will be forfeited without compensation and any privileges such as cash-back will be forfeited without further writing to you.
We retain the right in our sole discretion, with or without cause, and with or without prior written notice, to suspend, revoke and/or terminate any Membership, or to suspend, revoke and/or terminate access by anyone to Services, the Site, and/or the App without prior notice or compensation. If this occurs, you are prohibited from using any Services, and in the case of a Member, any Membership Fee already paid by you and any privileges such as cash-back will be forfeited without compensation to you. If we believe you may have conducted any inappropriate, improper or fraudulent activity, HelloGbye in its discretion may take legal action against you and you may be liable for monetary losses to HelloGbye, including litigation costs (including attorneys’ fees) and damages.
In the event that your access to Services, the Site or the App is suspended, revoked and/or terminated, or your Membership is suspended, revoked and/or terminated, you will still be bound by your obligations under these Terms, and the Terms shall survive and continue in full force and effect, including without limitation, Feedback, the warranties made by you, and the disclaimers and limitations of liability. HelloGbye is not liable to you or to any third party for any termination or suspension of your Membership or Basic User status. HelloGbye will have no obligation to maintain any of your ID, or your search or itinerary history.
If you do not login to your account or Small Business Account for two or more years, we may disable your account or Small Business Account and terminate this agreement without notice to you.
HelloGbye may suspend or terminate any cash-back or incentive program or your eligibility to participate in a program at any time for any reason in its sole discretion. HelloGbye will not grant any further cash-back or incentive after the suspension or termination of a program, but any cash-back or incentive already received will not be affected by the suspension or termination.
Without limiting any other terms of these Terms and subject to applicable law, all cash-back or other applicable incentive is forfeited without compensation to you if your Membership is terminated, revoked or suspended for any reason, or if HelloGbye discontinues providing the Site, the App, the Services, or any such program for any reason.
Without limiting any other terms of these Terms and subject to applicable law, all Referral Rewards are forfeited without compensation to you if your Membership is terminated, revoked or suspended for any reason, or if HelloGbye discontinues providing the Site, the App, the Services, or the Referral Program for any reason at any time.
- PRIVACY STATEMENT. You confirm that you have read our Privacy Statement, the terms of which are incorporated herein, and that you agree that the terms of the Privacy Statement are reasonable and satisfactory to you. You consent to the use of your Personal Information (defined below) by HelloGbye and/or its Third Party Providers in accordance with the terms of, and for the purposes set forth, in the Privacy Statement, and the terms of our Third Party Providers’ privacy policies. To the extent permitted by law, HelloGbye makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. HelloGbye will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Statement because of a security breach or technical malfunction. In these Terms, Personal Information means and includes any information about an identifiable individual, such as your name, e-mail address, mailing addresses, credit card information, gender, date of birth and any other information that you provide through the use of the Services, the Site or the App.
- PAYMENT INFORMATION AND TAXES. You are responsible for all sales tax, value added tax, goods and services tax, transient occupancy tax, excise tax, tourist or other visitor tax, accommodation or lodging tax, fees (such as convention center fees) that we or Third Party Providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, provincial, federal and national indirect or other withholding and personal or corporate income tax (collectively, Taxes) arising in connection with Access Fees, Member Fees or out of the use of the Services, the Site, the App and Third Party Provider travel related or entertainment services.
The tax recovery charges on prepaid hotel transactions are a recovery of the estimated Taxes that must be paid to the hotel supplier for Taxes due on the hotel’s rental rate for the room. The Third Party Providers may charge you for certain charges, including Taxes, and the hotel suppliers are responsible for remitting applicable Taxes to the applicable taxing jurisdictions. HelloGbye does not act as co-vendor with the Third Party Providers or hotel suppliers. Taxability and the appropriate tax rate vary greatly by location. The actual Tax amounts paid to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by you.
You agree that your credit card will be charged by Third Party Providers for the total purchase price of any travel related or entertainment services including all applicable Taxes.
You acknowledge that except with respect to tax obligations on the amounts of Access Fees and Membership Fees, HelloGbye does not collect Taxes for remittance to applicable taxing authorities.
- INTELLECTUAL PROPERTY AND COPYRIGHT. You acknowledge that all Services, the Site, and the App, and any other intellectual property rights related to each, including the infrastructure, technologies, and software used in or by the Services on the Site or in the App to provide, arrange, compile and present Content (collectively the Software), Feedback (defined below), and any files, technologies, features, functions and images incorporated in or generated by the Software, and data accompanying the Software that may be made available as part of the Services, the Site and/or the App (collectively the HelloGbye IP), are proprietary to HelloGbye.
The HelloGbye IP is the intellectual property and copyrighted work of HelloGbye. Reproduction, re-engineering, modification, transmission, creating of derivative works from, making use of, copying, distributing, publishing, selling, licensing, creating derivative work of, or storage of the HelloGbye IP, in any form, without the prior written consent of HelloGbye or the owner of such intellectual property or proprietary rights as the case may be, is prohibited.
If you are aware of an infringement of our HelloGbye brand or HelloGbye IP, please let us know by e-mail at email@example.com.
Except as otherwise provided herein, all rights to and in HelloGbye IP is hereby expressly reserved.
- Trademark Notice. All HelloGbye trademarks, service marks, trade names, logos, domain names, and any other features of the HelloGbye brand are the sole property of HelloGbye (HelloGbye Brand Features). Other product and company names identified on the Site and the App may be the trademarks, service marks, trade names, logos, domain names and other features of a Third Party Provider brand (Third Party Brand Features). You are prohibited from using HelloGbye Brand Features and Third Party Brand Features for any purpose, whether for commercial or non-commercial use, including, but not limited to, use as meta tags on other pages or sites on the World Wide Web without the written permission of HelloGbye or the applicable Third Party Provider.
- CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
(i) a clear identification of the copyrighted work that you claim was infringed;
(ii) a clear identification of the material that you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site or the App, such as a link to the infringing material;
(iii) your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
(iv) a statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”; and
(v) a statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to the Services, the Site or the App should be sent to us by e-mail at firstname.lastname@example.org.
We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
- PATENT NOTICES. One or more patents owned by HelloGbye may apply to the Services. Portions of the Services operate under one or more licenses, including the license of one or more patents. Other patents may be pending.
- MODIFICATIONS TO SERVICES. HelloGbye reserves the right in its discretion at any time to modify, improve, discontinue or suspend, temporarily or permanently, the Services (or any part thereof) or your access to the Site and/or the App, with or without notice. Notwithstanding the foregoing, HelloGbye always retains full and complete title and all intellectual property rights to the HelloGbye IP.
You agree that HelloGbye is not liable to you or to any third party for any modification, suspension or discontinuance of the Services, the Site and/or the App.
- Acceptable Use/License. You may only use the Services, the Site and the App to make proper, lawful, and legitimate travel related or entertainment searches. It is a violation of law to book and/or purchase travel related or entertainment services in a false name or with an invalid method of payment. Fraudulent users will be prosecuted to the fullest extent of the law.
HelloGbye software applications are licensed, not sold, to you for use strictly in accordance with these Terms, and HelloGbye retains ownership of all copies of the App and all other HelloGbye software applications even after installation on your personal computers, mobile handsets, tablets and/or other relevant devices (Devices). HelloGbye grants you a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to access and/or make non-commercial use of the Services, the Site and the App, only as expressly permitted by these Terms (License). The License shall remain in effect until and unless terminated by you or HelloGbye. Except for this License, we do not grant to you and you shall not obtain any other rights or license with respect to the Services, the HelloGbye IP, the Site or the App. Any rights or license not expressly granted herein are expressly reserved.
In addition to the conditions provided in the Terms, you agree at all times: (i) not to access, monitor or copy any Content or any HelloGbye IP using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of HelloGbye and any applicable Third Party Provider; (ii) not to violate the restrictions in any robot exclusion headers on the Site or the App or bypass or circumvent other measures employed to prevent or limit access to the Site, the App or the Services; (iii) not to take any action that imposes, or may impose, in the discretion of HelloGbye, an unreasonable or disproportionately large load on the HelloGbye infrastructure; and (iii) not to deep-link to any portion of the Site or the App (including the purchase path for any travel related or entertainment services) for any purpose.
Without limiting the foregoing, you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, the HelloGbye IP, the Site, the App or the Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HelloGbye or its licensors, except for the rights and licenses expressly granted in these Terms.
You agree to not deliver any unlawful (according to local, state, provincial, federal, or international law or regulation) postings to or through the Services, the Site, and/or the App, or any postings which advocate illegal activity; deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable; deliver or provide links to any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; deliver or provide links to any postings containing defamatory, false or libelous material.
You agree to not deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships; manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver; use the Services, the Site, and/or the App in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Services, the Site, and/or the App or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment; attempt to gain unauthorized access to the Services, the Site, and/or the App, any related website, other accounts or Small Business Accounts, computer system, or networks connected to the Services, the Site, and/or the App, through hacking, password mining, or any other means; or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, the Site, and/or the App, including harvesting or otherwise collecting information about others such as email addresses, “frame”, “mirror” or otherwise incorporate any part of the Services into any other website, mobile App, product or service without our prior written authorization.
- RIGHTS YOU GRANT US. In consideration for the rights granted to you under these Terms, you grant us the right to allow HelloGbye to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services, and to provide advertising and other information to you.
- DISCLAIMER OF WARRANTIES. IF YOU CHOOSE TO USE THE SERVICES, THE SITE OR THE APP, OR PARTICIPATE IN THE CASH-BACK OR ANY OTHER INCENTIVE PROGRAM OR THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT. HELLOGBYE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF, OR THE CONTENT INCLUDED IN, ACCESSED BY OR ON, THE SERVICES, THE SITE, AND/OR THE APP OR ANY THIRD PARTY PROVIDER SITE. TO THE FULLEST EXTENT PERMISSIBLE, HELLOGBYE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, FITNESS, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. HELLOGBYE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES, THE SITE, AND/OR THE APP WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SITE, AND/OR THE APP AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. HELLOGBYE DOES NOT WARRANT, ENDORSE OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, SECURITY, OR TIMELINESS OF CONTENT OF ANY KIND FOR ANY PURPOSE.
HELLOGBYE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY MECHANICAL, ELECTRONIC OR COMMUNICATION FAILURE OR DEGRADATION, SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, THEFT, DELAYS, DELETIONS, UNAUTHORIZED ACCESS, SOFTWARE, FAILED INTERNET CONNECTIONS, SERVICE DISRUPTIONS WITH THIRD PARTY PROVIDERS, FAILURE OR INABILITY OF HELLOGYBE TO ACCESS CONTENT, INTERRUPTIONS IN THE TRANSMISSION OF BOOKINGS OR PURCHASES, OR RECEIPT OF TRAVEL DOCUMENTS, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE, OR ANY TECHNICAL PROBLEMS DUE TO TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE OR COMBINATION THEREOF.
IN ADDITION, HELLOGBYE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR THIRD PARTY PROVIDER ON OR THROUGH THE HELLOGBYE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT HELLOGBYE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICES. AS WITH ANY PURCHASE OF PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM HELLOGBYE SHALL CRATE ANY WARRANTY ON BEHALF OF HELLOGBYE IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE: (I) REGARDING THE ACCEPTANCE OR FULFILLMENT OF ANY TRAVEL RELATED OR ENTERTAINMENT BOOKING OR PURCHASE; (II) THAT A HELLOGBYE USER’S TRAVEL RELATED, IN-CITY CONTENT OR ENTERTAINMENT SEARCHES WILL RESULT IN THE LOWEST AVAILABLE PRICE; (III) REGARDING THE AVAILABILITY OF CONTENT; AND/OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE SITE AND/OR THE APP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HELLOGBYE, THE USE OF THE SERVICES, THE SITE, OR THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, THE SITE, LINKED SITES, AND/OR THE APP. YOU UNDERSTAND THAT HELLOGBYE DOES NOT MAKE ANY ATTEMPT TO VERIFY STATEMENTS OF PERSONS ACCESSING OR USING THE SITE, THE APP OR LINKED SITES, OR OF THIRD PARTY PROVIDERS, AND HELLOGBYE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SUCH PERSONS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS INCLUDING THE SAFE-GUARDING OF YOUR PERSONAL INFORMATION.
IF YOU ARE DISSATISFIED WITH THE CONTENT, THE SITE, THE APP OR ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF HELLOGBYE IN DELIVERING THE SERVICES, OR OPERATING THE SITE OR APP, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST HELLOGBYE IS TO DISCONTINUE YOUR ACCESS TO AND/OR USE OF, THE SERVICES, THE SITE AND THE APP.
The provisions of these Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of the HelloGbye.
- NO AGENCY RELATIONSHIP. HelloGbye does not agree to act as, and is not, your agent or fiduciary in providing any Services. No joint venture, partnership or employment is created between you and HelloGbye and, no joint venture, partnership or employment is created between HelloGbye and Third Party Providers.
- GENERAL LIMITATION OF LIABILITY. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF: (I) YOUR ACCESS TO AND USE OF THE SERVICES, THE SITE AND/OR THE APP; (II) ANY SUPPORT PROVIDED TO YOU; (III) YOUR BOOKING OR PURCHASE OF TRAVEL RELATED OR ENTERTAINMENT SERVICES FROM THIRD PARTY PROVIDERS; (IV) YOUR PARTICIPATION IN ANY CASH-BACK OR OTHER INCENTIVE PROGRAM; (V) YOUR PARTICIPATION IN ANY REFERRAL PROGRAM; AND (VI) ANY CONTACT YOU HAVE WITH OTHER PERSONS ON THE SITE, APP OR LINKED SITES, WHETHER IN PERSON OR ONLINE, REMAINS SOLELY WITH YOU.
NONE OF HELLOGBYE, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS, SUCCESSORS, ASSIGNS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE SERVICES, THE SITE, AND/OR APP, CASH-BACK, INCENTIVE AND/OR REFERRAL PROGRAMS (COLLECTIVELY THE COVERED PARTIES) WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, FOR GREATER CERTAINTY, ANY DAMAGES FOR, OR CAUSED BY HELLOGBYE OR THIRD PARTY PROVIDERS:
(i) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;
(ii) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, OR PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, THE SITE AND/OR THE APP;
(iii) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS (INCLUDING YOUR ID);
(iv) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE;
(v) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR THE APP OR IN ANY INFORMATION, HELLOGBYE IP, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE APP INCLUDING PRICING ERRORS;
(vi) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, THE SITE, THE APP AND/OR THIRD PARTY PROVIDERS;
(vii) ANY PROPERTY DAMAGE OR SYSTEM FAILURE, INCLUDING DAMAGE TO YOUR DEVICES, TELECOMMUNICATIONS EQUIPMENT OR DEVICE, OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES, THE SITE, THE APP, ANY SITE TO WHICH THE SITE OR APP PROVIDES HYPERLINKS AND/OR ANY THIRD PARTY PROVIDERS;
(viii) THE COST OF SUBSTITUTE CONTENT, PRODUCTS OR SERVICES;
(ix) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OR INABILITY TO USE THE SERVICES, THE SITE AND/OR THE APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER HELLOGBYE USERS OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF SERVICES, THE SITE AND/OR THE APP, OR YOUR PARTICIPATION IN ANY CASH-BACK OR REFERRAL PROGRAM; AND
(x) DAMAGES OTHERWISE ARISING OUT OF ACCESS TO AND/OR THE USE OF THE SERVICES, THE SITE, AND/OR THE APP, OR ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES BROUGHT TO THE ATTENTION OF HELLOGBYE USERS THROUGH THE SERVICES, THE SITE, AND/OR THE APP.
YOU AGREE THE LIMITATIONS OF LIABILITY CONTAINED HERE APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY LEGAL THEORY, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; AND
FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED BY HELLOGBYE FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, SUSPENSION, TERMINATION OR NON-PERFORMANCE OF THE SERVICES, THE SITE AND/OR THE APP, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, ACTS OF TERRORISM OR CAUSES BEYOND THE COVERED PARTIES’ CONTROL.
NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, REROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION.
THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS, REPRESENTATIVES OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY PROVIDER, OR FOR ANY INJURY, DAMAGE, DEATH, EXPENSE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER, INCLUDING AN ACT OF NEGLIGENCE, A BREACH OF IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, OR THE DEFAULT OR WRONGDOING (INCLUDING ANY LIABILITY IN TORT) OF A THIRD PARTY PROVIDER AND/OR CONTENT, SERVICES AND/OR PRODUCTS AVAILABLE IN ANY WAY THROUGH SERVICES, THE SITE, AND/OR THE APP. NO COVERED PARTY IS RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THESE TERMS NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL AND/OR LOCAL LAW.
YOU AGREE THAT HELLOGBYE WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY PROVIDER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN THE EVENT OF NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION OF A THIRD PARTY PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE IS TOWARD SUCH THIRD PARTY PROVIDER AND NOT TOWARD US.
THE COVERED PARTIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
If, notwithstanding the above, a Covered Party is found liable to you for any loss or damage relating to the access to or use of the Services, the Site and/or the App, you agree that the liability of any such party shall in no event exceed the greater of the amount of the Membership Fee and Access Fee paid by you in the immediately preceding 12 months or the applicable itinerary in the case of a Pay Per Use User and $100. Some provinces/states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of applicable law described below, do not allow the limitation of liability and IN THESE JURISDICTIONS, HELLOGBYE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitation of liability reflects the allocation of risk between the parties and you agree it survives the termination of these Terms for any reason. The limitations specified in this section will survive and will apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of HelloGbye and its successors and assigns.
Nothing in these Terms removes or limits HelloGbye’s liability for fraud, fraudulent misrepresentation and if required by applicable law, gross negligence.
- INDEMNIFICATION. You agree to defend, hold harmless and indemnify the Covered Parties from and against any claims, liabilities, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including legal and accounting costs, arising out of or in any way connected with: (i) your access to or use of the Services, the Site or the App; (ii) your violation of these Terms: (iii) your violation of any law or the rights of a third party; (iv) your use of the Services, the Site, and/or the App in violation of these Terms; (v) your interaction with any HelloGbye user, any user content, or your purchasing or booking of travel related or entertainment services, or (vi) your participation in cash-back or Referral Programs. HelloGbye reserves the right in its discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HelloGbye in connection therewith.
- EXPORT CONTROL AND RESTRICTED COUNTRIES. You may not use, export, re-export, import, or transfer the Services except as authorized herein and by applicable law, including the laws of the jurisdiction in which you obtained your license to use the Services. You represent and warrant that you have not, and covenant that you will not, use the Services, the Site, and/or the App, for any purpose prohibited by law.
Without limiting the foregoing, by using or accessing Services, the Site, the App, you represent and warrant that you are not listed on any government list of prohibited or restricted parties.
- NO THIRD PARTY BENEFICIARY. By agreeing to these Terms, HelloGbye does not intend to bestow any benefit to any third party, and performance under these Terms does not create any rights in anyone as a third party beneficiary of these Terms.
- USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS. All comments, feedback, suggestions, ideas, photographs, or reviews disclosed, submitted or offered to HelloGbye in connection with your access to and/or use of the Services, the Site, the App or Content (collectively Feedback), shall be and shall remain the exclusive property of HelloGbye and may be used by HelloGbye in any medium, subject to our Privacy Statement. You hereby grant HelloGbye a non-exclusive, perpetual, transferable, irrevocable, unconditional and full sub-licensable right to use, refer to, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and refer to such Feedback throughout the world in any media, including those known or hereafter devised without payment to you. HelloGbye may choose to use your first name, first initial of your last name, and the name of your town, city, state or province in connection with your Feedback. HelloGbye reserves the right in its discretion to provide your Feedback to its Third Party Providers or other third parties. You further grant HelloGbye the right to pursue at law any person or entity that violates your or HelloGbye’s rights in the Feedback. You acknowledge and agree that Feedback is non-proprietary and non-confidential. You expressly waive any and all “moral rights” and other similar rights (including rights of attribution or integrity) that may subsist in your Feedback and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Feedback by us or any third party. We take no responsibility and assume no liability for any Feedback posted or submitted by you. We have no obligation to post your Feedback, and we reserve the absolute discretion to determine which Feedback are published as part of the Services or through the Site or the App.
The information and opinions expressed in Feedback through the Services or on the Site or through the App are not necessarily those of HelloGbye or its providers, advertisers, sponsors, affiliated or related entities, and HelloGbye makes no representations or warranties regarding any Feedback. HelloGbye does not represent or guarantee the truthfulness, accuracy, or reliability of any Feedback or determine whether the Feedback violates the rights of others. You acknowledge that any reliance on material posted by other HelloGbye users will be at your own risk. HelloGbye is not under any obligation to maintain your Feedback (and the use of your first name and first initial of your last name with any Feedback) in confidence or to keep any of your Feedback available on the Site or through the App or any other platform used to provide the Services or other site or pages maintained by HelloGbye, to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree you will be solely responsible for the content of any Feedback you make.
- LINKS TO OTHER WEB SITES. To the extent that the Site and App contain links to outside services and resources, or to the extent that Third Party Providers or other third party websites link to the Site and App, HelloGbye does not monitor or control and has no discretion to alter or update the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the Content uploaded, displayed, or distributed, or products or services available on these sites. If you access any Third Party Provider or third party site you do so at your own risk. The presence of a link to a Third Party Provider site or other third party site does not constitute or imply HelloGbye’s endorsement, sponsorship, association or recommendation of the Third Party Provider, third party or of the Content, products or services contained on, or available through, any such Third Party Provider or third party site.
- ELECTRONIC NOTIFICATION. By accessing or using the Services, the Site or the App you consent to have this agreement and all notices provided to you in electronic form, and all communications to you may be received by you by way of communications posted on the Site or the App or by way of electronic messages.
- HYPERLINKS. Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or the App, or frame the Site or App, or any web page or material herein, nor may any entity hyperlink any aspect of the Site or App in an email for any purposes without the express written permission of HelloGbye.
- INTERNATIONAL TRAVEL: HAZARDS, PASSPORTS, VISAS, DISINSECTION AND HEALTH. BY PERMITTING THE SEARCH OF TRAVEL RELATED OR ENTERTAINMENT SERVICES, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY PARTICULAR AREA IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY DESTINATIONS. HelloGbye urges passengers to review travel prohibitions, warnings, announcements and advisories issued by all applicable governments prior to booking and purchasing travel to international destinations.
At HelloGbye, we have no special knowledge or expertise regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, consult with the relevant governments, consulates or embassies prior to booking travel to international destinations. Requirements may change and you should check for up-to-date information before booking and departure. HelloGbye accepts no liability if you are refused entry onto a flight, train or cruise or into any country for any reason, including due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, train or ship, even if you do not leave the aircraft, airport, train station, ship or port, as the case may be. You may incur additional expenses if you are denied entry.
Disinsection is permitted under international law in order to protect public health, agriculture and the environment. Some individuals may experience transient discomfort following aircraft disinsection by aerosol application. Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, that you obtain the recommended inoculations, that you take all recommended medication before, during and after travel, and that you follow all medical advice in relation to your travel.
- TRAVELLING WITH A DISABILITY. At HelloGbye we have no special knowledge regarding the suitability of any booking or purchase for persons with disabilities. For information concerning the travel related or entertainment services suitability for persons with disabilities, please contact the Third Party Provider directly.
- HOTEL RATINGS. Hotel ratings which form part of Content and which are displayed on the Site and App are intended as general guidelines and have been supplied by Third Party Providers. HelloGbye does not guarantee the accuracy, correctness or applicability of the ratings, and further, makes not representation or warranty as to the accuracy or suitability thereof. HelloGbye makes no guarantees about the availability of specific products and travel related or entertainment services, and makes no guarantee about the health and safety conditions that you may encounter.
- CURRENCY, EXCHANGE RATES AND BANK CHARGES. All fees charged hereunder, including Membership Fees and Access fees, will be charged in currency of your residency as per your credit card details. Purchases of travel related or entertainment services are charged by Third Party Providers in the currency shown upon checkout. If you make a purchase using a credit card, please be aware that, due to the constant fluctuation in exchange rates, the charge to your credit card may differ based on the exchange rate at the time you make your booking versus the rate at the time the charge is reflected on your card. Also, in the event that your credit account is credited, you will be refunded the amount in the currency initially charged and HelloGbye and the Third Party Providers will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.
Some bank and credit card companies charge their account holders a transaction fee when the card issuer and the “merchant location” are in different countries. In addition, non-bank financial service providers may charge a transaction fee. Any transaction fee is determined solely by the bank or other agency processing the transaction. Please contact your bank or non-bank financial service provider if you have any questions about these fees or any exchange rate applied.
- CHOICE OF LAW. Unless otherwise required by a mandatory law, the Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice of conflicts of law principles. Further, you and HelloGbye agree to the jurisdiction of the courts listed below to resolve any dispute, claim or controversy that arises in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with them).
Country Choice of Law:
Jurisdiction: Canada: laws of the Province of Ontario, exclusive to the Courts of Ontario, Canada
Jurisdiction: United States: State of Delaware, United States, exclusive to the State and Federal Courts of Delaware.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HELLOGBYE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and HelloGbye agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- ARBITRATION: If you are located in, are based in, have offices in, or do business in a jurisdiction in which this discussion of arbitration is enforceable, the following mandatory arbitration provisions apply to you. You and HelloGbye agree that any dispute, claim, or controversy between you and HelloGbye arising in connection with or relating in any way to these Terms or to your relationship with HelloGbye as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual arbitration. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in a court and the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provision will survive termination of the Terms. Notwithstanding the above, you and HelloGbye agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, provincial or local agencies here such actions are available; (iii) seek injunctive relieve in a court of law; or (iv) to file suite in a court of law to address intellectual property infringement claims.
- ARBITRATION RULES: Either you or we may start arbitration proceedings. Any arbitration between you and HelloGbye will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) then in force (ICC Rules) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Terms, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law, the law to be applied in any arbitration shall be the law of the State of Delaware, United States, without regard to choice of conflict of law principles.
- ARBITRATION FILING: Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
- ARBITRATION NOTICE, PROCESS: A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail, or in the event that we do not have a current physical address on file for you, by electronic mail (Notice). HelloGbye’s administrative office for Notice is 214 King Street West, Suite 400, Toronto, Ontario M5H 3S6 attention: Legal. The notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (Demand). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or HelloGbye may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HelloGbye shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favour, HelloGbye shall pay you (iii) the amount awarded by the arbitrator, if any; (iv) the last written settlement amount offered by HelloGbye in settlement of the dispute prior to the arbitrator’s award; or (v) USD$1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor HelloGbye shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
- ARBITRATION MODIFICATIONS: In the event that HelloGbye makes any future change to this arbitration provision (other than an address change for Notice purposes), you may reject any such change by sending us written notice within 30 days of the change to HelloGbye’s address for Notice, in which case your account or Small Business Account with HelloGbye will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
- ARBITRATION ENFORCEABILITY: If the class action waiver in the Terms is found to be unenforceable in arbitration or if any part of Sections 41, 42, 43, 44, 45 or 46 are found to be invalid or unenforceable, the entirety of this Sections 41, 42, 43, 44, 45 and 46 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 40 shall govern any action arising out of or related to the Terms.
- INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to us as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we are entitled as a matter of right to injunctive relief from any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, without having to post a bond or other security.
- APPLE, INC. If you have downloaded the App from the Apple, Inc. (Apple) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and HelloGbye only, not with Apple, and Apple is not responsible for the Services and the Content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or our possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (iv) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any U.S. Government list of prohibited or restricted parties.
- GENERAL. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services, the Site, and/or the App or the information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, that provision is hereby severed from these Terms and will not affect the validity, legality and enforceability of the remaining provisions. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of HelloGbye. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you access the Services, Site, and/or the App from outside of Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and HelloGbye with respect to your use of and access to the Services, the Site, the App, the cash-back program, and the Referral Program. A printed version of these Terms and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please note, however, that other aspects of your use of the Services, Site and App may be governed by additional agreements. When you are presented with features or functions you may be presented with related additional agreement, and you may have the opportunity to agree to additional terms. Some of those additional terms are listed on the Site. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
You may not assign, transfer or sub-license these Terms or your agreement with us, by operation of law or otherwise, without HelloGbye’s prior written consent which may be withheld. Any attempt by you to assign or transfer these Terms or your agreement with us without our consent will be null and of no effect. HelloGbye may assign or transfer these Terms and its agreement with you, at its sole discretion, without restriction. Subject to the forgoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
There are no rights of survivorship and non-transferability of rights under these Terms. Any rights not expressly granted herein are reserved. Where either party is granted the right to use its discretion in respect of these Terms, it is reasonable for such party to act solely in its own best business interests.
These Services are ongoing in nature and commence on the date you agree to these Terms. The Services will cease on the date these Terms are terminated for any reason.
- LANGUAGE. The parties hereto have agreed that this agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
- INTERPRETATION. In these Terms: (i) words denoting the singular include the plural and vice versa; (ii) all usage of the word “including” means “including, without limitation”; (iii) the division of these Terms into separate sections, subsections and the insertion of headings is for convenience only and does not affect the construction or interpretation of these Terms; (iv) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (v) you and HelloGbye agree that these Terms will not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms.
- FULFILLMENT AND OFFLINE CUSTOMER SERVICE SUPPORT. Our third party travel related service and entertainment fulfillment party is:
Flight Network Inc. 2947 Portland Drive, Oakville, Ontario L6H 5S4 #3392505 1-844-209-3405
Huntington Travel, operating as Flight Network c/o 2947 Portland Drive, Oakville, Ontario L6H 5S4 #33392505 1-844-209-3405
- NEWFOUNDLAND AND LABRADOR, AND CALIFORNIA If you are resident in Newfoundland and Labrador, these Terms will not prevail over any oral representations given to you by us that have the intent or effect of inducing you to enter into these Terms.
If you are a resident of California, you may have the agreements pertaining to your use of the Site and App provided electronically by requesting such at email@example.com. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of consumer Services of the California Department of Consumer Affairs in writing at 1625N Market Blvd, Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. HelloGbye, LLC’s registration number pursuant to the Californian Seller of Travel Program is 2122766-70. Registration as a seller of travel does not constitute approval by the State of California. Transactions with HelloGbye, LLC are not covered by the Travel Consumer Restitution Fund.
- CONTACT INFORMATION. If you have any questions or concerns with regards to account-related, Small Business Account-related and payment-related questions, please contact us at firstname.lastname@example.org, or write to us at the address of our contracting entity noted below. We will use reasonable endeavours to respond to all queries within a reasonable time frame but we make no guarantees or warranties of any kind that any queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
HelloGbye Canada LP
214 King St. W, Suite 400
Canada M5H 3S6
Attention: Privacy Officer email@example.com
United States and outside Canada:
c/o 214 King St W, Suite 400
Canada M5H 3S6
Attention: Privacy Officer firstname.lastname@example.org
Thank you for reading our terms.
HelloGbye Privacy Statement
Updated June 19, 2017
HelloGbye, LLC and HelloGbye Canada LP (collectively, we, our, us or
HelloGbye) respects your personal privacy and is committed to adhering to
federal, state and provincial privacy laws and industry guidelines in order
to protect you and your identity.
This privacy statement (Privacy Statement) describes how we collect, use
and disclose the personal information that you provide to us when you visit
or use our websites, online applications and mobile applications
(collectively, Site). The Privacy Statement does not apply to our third
party provider sites that may be accessible from here. When we provide our
products or services to you, we may also give you specific additional
details about how we use your personal information.
Your use of our Site indicates your acceptance of this Privacy Statement
and your consent to how we collect, use and disclose personal information.
PLEASE BE SURE TO READ THIS PRIVACY STATEMENT BEFORE USING THE SITE OR
SUBMITTING INFORMATION TO US.
This Privacy Statement is not a contract and does not create any legal
rights or obligations. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT,
PLEASE DO NOT USE THE SITE OR ANY SERVICES AVAILABLE ON OR ACCESSED THROUGH
INFORMATION HELLOGBYE COLLECTS FROM YOU
Like many websites, we actively collect information from our users and
visitors by asking specific questions, by permitting you to communicate
directly with us, and through your interactions with us on social media
websites and other websites and applications. Some of the information that
you submit during the registration process or while searching or booking a
travel itinerary can be used to identify you as an individual or any other
person (collectively personal information) including without limitation,
your identity and contact information, travel documentation/details, habits
and preferences, frequent traveler and loyalty program information, and
payment or billing information.
As concerns credit card data, when adding your credit card information to
your profile, you are entering your credit card information into designated
payment fields that are hosted by a gateway and data vault operated by a
third party provider (Gateway). The credit card data that you provide is
encrypted and transmitted to the Gateway and a reference token (Token) is
returned to HelloGbye. No credit card data is stored with HelloGbye. The
Token is subsequently passed back to the Gateway who releases your credit
card information to payment processors when a transaction is completed by
you with Third Party Providers (defined below) or when fees are payable.
The Gateway will retain your credit card data and the address tied to that
HelloGbye account, we will request the deletion of your credit card data
stored in the Gateway.
HelloGbye does not have control over the privacy policies applied by Third
Party Providers which we define as those not affiliated with HelloGbye who
provide travel related services, in-city content or services, and persons
who assist us in providing our products and services to you, and includes
without limitation the Gateway. Third Party Provider sites that are linked
to from the Site are not under the control of HelloGbye and we are not
responsible for their content or privacy policies. If you would like
that party directly, and we encourage you to do so.
As you navigate through our Site, certain information can be passively
collected (that is, gathered without you actively providing the
information) using various technologies and means, such as navigational
data collection. Like most websites, we track IP addresses and precise
geolocation, we use both session and persistent cookies, and we assign
Internet tags. Our system also automatically gathers information about the
areas that you visit on this Site and collects operational information
about the technology that you use, such as your browser, type of computer,
operating systems, Internet service providers and the domain name of the
website from which you linked to our Site. This information helps us to
update and improve the Site. We also use this information for security
purposes to detect and to block security breaches.
USING INFORMATION THAT HELLOGBYE COLLECTS
We use and store your personal information to:
- communicate with you about our products, services, collaborations and partnerships, including for marketing, service review solicitation, and promotional purposes;
- deliver our services to you, including as follows:
– recognize you and verify your identity when you return to our Site;
– provide search results and other personalized content, including information about services offered by Third Party Providers;
– facilitate the processing of your requests of us or with Third Party Providers in accordance with your authorizations;
– communicate with you about your transactions, requests, any travel related services including in-city content and/or services;
– learn more about you and your preferences so that we can customize your experience;
– respond to your requests;
– update you about new features and benefits;
– use the location of your mobile device for location-based services that you may request or be interested in;
– obtain your feedback on products and services;
– send or provide you with promotions and offers, and analyze whether our promotions and offers are effective, including determining whether you may be interested in new products or services;
- reward you as part of any reward or recognition program;
- resolve or attempt to resolve disputes and collect fees for our services and other amounts owing to us;
- meet our legal, regulatory, risk management, fraud prevention and security requirements;
- maintain our business and transaction records for reasonable periods;
- address problems with, and improve our Site and services;
- respond to your inquiries and to send you administrative communications;
- analyze user and visitor behavior and activity;
- conduct research and measurement activities;
- send you personalized emails or secure electronic messages;
- meet insurance, audit, and processing requirements;
- manage fraud and security risk; and
- otherwise with your consent or as permitted or required by law.
In addition, we may de-identify and/or aggregate any personal information
we collect, so that the information is no longer personally identifiable or
attributable to you. We may use and share such information without
INFORMATION WE DISCLOSE
We may disclose your personal information to our subsidiaries, affiliates,
parent companies and to unaffiliated third parties (including Third Party
Providers) in connection with the purposes described in this Privacy
Statement as follows:
Providing Services. In order to process transactions that you request, we
will disclose your personal information to Third Party Providers in
accordance with your authorizations.
Service Providers. We may transfer personal information to service
providers that perform services on our behalf, for example marketing,
feedback/review, information technology and/or data hosting, analytics,
travel fulfilment services or processing services. Some of these service
providers or affiliates may be located in Canada, and the United States,
but we may also use service providers that are located outside of Canada
and the United States. Your personal information may be collected, used,
disclosed, stored and processed outside of Canada and the United States for
the purposes described in this Privacy Statement. We take reasonable
measures to ensure that personal information that may be processed by these
service providers on our behalf is protected and not used or disclosed for
purposes other than as directed by us, subject to legal requirements in
Canada, the United States and other foreign countries applicable to our
affiliates, agents and service providers (for example lawful requirements
to disclose personal information to government authorities in those
countries). Our service providers are required to limit their use of your
personal information for the purposes and in the manner we have instructed
them. We also require them to commit to keep your personal information
confidential and to secure it in a manner that is consistent with this
Business Transactions. We may use your personal information and disclose it
to parties connected with the contemplated or actual financing,
securitization, insurance, sale, lease, merger, amalgamation, assignment or
any other type of acquisition, financing, disposal or transfer of all or
part of our business, assets or shares or those of our subsidiaries,
affiliates or parent companies, for purposes related to the evaluation and
performance of these transactions, including: (i) permitting such parties
to evaluate and determine whether to proceed or continue with the
transaction, and (ii) fulfilling reporting, inspection or audit
requirements or obligations to such parties. Successors and assigns of
HelloGbye and/or our business or assets may use and disclose your personal
information for similar purposes as described in this Privacy Statement.
Legal and Regulatory Requirements. We may disclose your personal
information as necessary to meet legal, regulatory, insurance, audit, and
security requirements, and as otherwise with your consent or as permitted
or required by law. This may include lawful requirements to disclose
personal information to government authorities in Canada, the United States
and in foreign countries. Government authorities in Canada, the United
States and in foreign countries may, without your consent (or our consent),
communicate information to other authorities, including police forces.
Please note that the U.S. Transportation Security Administration (TSA)
requires that you provide your full name, date of birth, and gender. You
may also provide your Redress Number, if available. Failure to provide your
full name, date of birth, and gender may result in denial of transport or
denial of authority to enter the boarding area. TSA may share information
you provide with law enforcement or intelligence agencies or others subject
to its own policies and practices. For more information on TSA privacy
policies, please see the TSA website of www.tsa.gov. As well, please note that
Public Safety Canada and Transport Canada have similar requirements.
Special cases. We may disclose your personal information as necessary to
respond to an emergency or otherwise protect the safety, rights, property
or security of HelloGbye, users of our Site, third parties, and the public,
such as in response to a physical threat to you or others.
By providing your personal information to us, you consent to our
collection, use, storage, and disclosure of your personal information in
accordance with this Privacy Statement. In addition, from time to time and
where appropriate, we may request your specific authorization or consent
for the collection, use, storage, and disclosure of your personal
information for the purposes specified in our request.
You may withdraw your consent to our collection, use, storage, and
disclosure of personal information at any time, subject to contractual and
legal restrictions and reasonable notice. However, if you withdraw your
consent to certain uses of your personal information, we may no longer be
able to provide certain of our products or services. Please be aware that
where we have provided or are providing services to you, your consent will
be valid for so long as necessary to fulfil the purposes described in this
Privacy Statement or otherwise at the time of collection, and you may not
be permitted to withdraw consent to certain necessary uses and disclosures
(for example, but not limited to, maintaining reasonable business and
transaction records, disclosures to US, Canadian and foreign government
entities as required to comply with laws). Subject to the above limitation,
you may withdraw your consent by contacting us as described under the
heading Your Choices.
We may also be required or permitted under statute or regulation to
collect, use, store, or disclose personal information without your consent,
for example to comply with a court order, to comply with local or federal
regulations or a legally permitted inquiry by a government agency, or to
collect a debt owed to us.
If you wish to withdraw your consent as described above under the heading
Your Consent, you may do so by contacting us at email@example.com or by amending
your account settings on the Site. If you do not wish us to collect
cookies are being sent. In addition, you may unsubscribe from receiving
promotional emails from us at any time by simply clicking the “unsubscribe”
link provided at the bottom of every promotional email from us. Please
allow 10 business days for your updated preferences to take effect.
We and our service providers may use browser tracking cookies (or cookies),
log files, web beacons, and other similar mechanisms to passively collect
information about your use of our Site. Cookies are small text files that
are placed on the hard disk of a computer by a website. Cookies are
uniquely assigned to you, and can only be read by a website or web server
that issued the cookie to you. “Log files” record certain information when
you visit a Site (which may include your internet protocol (IP) address and
type of operating system and web browser). “Web beacons” are transparent
electronic images placed in the web code that collect non-personal data
while visiting a web site. We may use similar technologies in connection
with our mobile applications.
With your consent and in order to improve your experience on our Site, we
you when you return to our Site; keep track of activity on our Site and
remember what items you have clicked on or viewed; study and analyze how
you navigate through our Site so that we can improve the design, content
and function of our Site; and customize the message, content and delivery
of online advertisements and e-mails that reflect how you navigate to and
through our Site based on your online behavior. We may hire third party
providers to assist us in the collection and analysis of this information,
but we do not disclose your personal information to these third party
browser. If you decide to turn off or block cookies, our website might not
We, our service providers and our business partners may collect information
about your activities on our Site for use in providing you with content and
advertising tailored to you on our Site and elsewhere online. Some of our
service providers and business partners may collect information about your
online activities over time and across third-party websites and mobile
applications for these purposes. The information collected for these
purposes may include details about the particular content you view and
actions you take on our Site. Because there is not yet a consensus on how
companies should respond to web browser-based do-not-track (DNT)
mechanisms, we do not respond to web browser-based DNT signals at this
time. However, some of our service providers and business partners that
collect information about your activities on our Site may be members of
organizations or programs that provide choices to individuals regarding the
use of their browsing behavior for purposes of targeted advertising. For
example, you may opt out of receiving targeted advertising through members
of the Network Advertising Initiative by clicking here or the Digital
Advertising Alliance by clicking here. Canadian users may opt
out of receiving targeted advertising through members of the Digital
Advertising Alliance of Canada by clicking here. Please note that we
also may work with companies that offer their own opt-out mechanisms and
may not participate in the opt-out mechanisms that we linked above.
We have in place certain physical, electronic, technological, and
organizational safeguards designed to assist us in protecting the security
and privacy of your personal information against loss, theft, and
unauthorized access, disclosure, copying, use or modification. However,
while we try to create secure and reliable Site for users and visitors, the
confidentiality of any communication or material transmitted to or from the
Site, or via e-mail cannot be guaranteed. Also, the safety and security of
your information also depends on you. Protect your password and please
notify us promptly if you believe your password security has been breached.
Remember to log off of this Site before you leave your computer.
LINKS TO OTHER SITES AND ONLINE CONTENT
We may provide links to and from other websites or online content that are
operated by third parties and Third Party Providers. These third parties
and Third Party Providers operate independently of us and may have
established their own privacy and security policies. Any personal
information you provide to these third parties and Third Party Providers
you to review these policies before providing any personal information to
any party other than HelloGbye. This Privacy Statement does not apply to
websites or online content other that HelloGbye’s Site, and we are not
responsible for the content or practices of any linked websites.
Children’s Online Privacy Protection
If you are under the age of majority in the state or province where you
reside, please do not submit any personal information through our Site
without the express consent and participation of your parent or guardian.
We do not knowingly solicit data online from, or market online to children.
Access and Correction
We may establish and maintain a file of your personal information for the
purposes described in this Privacy Statement, which will be located at our
administrative offices located at 214 King Street West, Suite 400, Toronto,
Ontario Canada M5H 3S6.
If you wish to request access or correction of your personal information in
our custody or control, you may modify your account on-line or you may
write to the mailing address provided above, attention Privacy Officer.
Your right to access or correct your personal information is subject to
applicable legal restrictions. To protect your privacy and security, we may
require additional information to verify your identity when requesting
access or correction.
We will retain your personal information as long as your HelloGbye account
is active, needed to provide you services or is necessary to fulfill the
purposes of this Privacy Statement. At any time you can delete your
HelloGbye account, but you should be aware that it is not technologically
possible to remove each and every record of the information you have
provided to HelloGbye. We will also retain your personal information as
necessary to comply with legal obligations, resolve disputes, and enforce
CHANGES TO HELLOGBYE’S PRIVACY STATEMENT
We may make changes to this Privacy Statement and if we do so, we will post
an updated version on our website at www.hellogbye.com and
www.hellogbye.ca, and within our mobile application. We recommend that you
review the current version of our privacy statement from time to time. IF
WE MAKE CHANGES TO THIS PRIVACY STATEMENT, INCLUDING MATERIAL CHANGES, WE
WILL UPDATE THE EFFECTIVE DATE THAT APPEARS AT THE TOP OF THIS PAGE. Your
continued use of the Site following the posting of the revised Privacy
Statement means that you accept and agree to the terms of the revised
If you have any questions about this Privacy Statement or our privacy
practices generally, please feel free to contact us at firstname.lastname@example.org,
or call us at (416) 848-1741 or (844) 435-5657
If you contact us about your personal information, we will respond to your
request within a reasonable time and at no cost to you.