BagHop General Terms and Conditions for Services
These General Terms and Conditions for Services for www.Baghop.net (hereinafter the “Terms and Conditions”) are a contract between you individually, (individually and collectively, “you”, “your”, “Traveler” or “User”) and Baghop LLC (hereinafter “Baghop” or “Us” or “We”) and govern your use of Baghop’s website (www.baghop.net, and any affiliated sub-domains and mobile applications and sites) (the “Website”), software, and servers and the provision by Baghop of the services described in the Website (hereinafter collectively the “Service(s)”). These Terms and Conditions also describe your rights and obligations, as well as your creation of an account by which you will access the Service, (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Website and the Service, you agree to follow and be bound by the these Terms and Conditions and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website or benefit from the Services.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
These Terms and Conditions apply to ALL transactions made on or through the Website and use of the Services. This Terms and Conditions is governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I agree”, “Create my account” or similar syntax, by accessing the Website, by establishing an account, or using the Services, whether you have read these Terms and Conditions or not. On clicking any such button you agree to these Terms of Service. You should print a copy of this Agreement for your personal records. This Agreement may be modified by Baghop effective immediately.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is “personal to you” and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
BagHop retains the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
The following terms, used with a capital letter, will be taken to have the meaning explained below:
Account: refers to the personal area of a User registered on the Website and includes their personal information.
Booking: refers to the system by which the User agrees to the use the Service in exchange for payment.
Luggage: refers to goods that a Traveler can store with the Service or which the Service can deliver to a destination specified by the Traveler.
Prices: refers to the fixed price(s) for the Services. The prices displayed on the Website include Baghop’s Service Fees
Profile: refers to the personal information entered by the User in their Account area. Personal Information is only visible to Users with whom the User’s booking has been confirmed and BagHop and its customers and suppliers, in order to provide the requested services.
Service Fees: refers to the amount to be paid by a User for the Services.
Traveler: refers to a natural person of legal age and of legal capacity who is a User of the Website and has successfully completed their registration on the Website who wishes to use the Services.
User: refers to anyone who browses or uses the Website without being identified or registered as a User. Their use of the Website is governed by these Terms and Conditions.
Baghop provides transportation for Luggage and storage of Luggage pursuant to these Terms and Conditions. The Services are described on www.baghop.net.
Prices for the Services are subject to change without notice. Baghop reserves the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time. Baghop reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Baghop shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The prices displayed on your order for a package is the price for one piece of Luggage, the storage of one piece of Luggage at the BagHop storage location closest to the Traveler’s arrival airport, during the arrival day, and the return of that piece of Luggage to the BagHop drop off area, that same day, for retrieval by the Traveler prior to boarding their departing flight that same day.
Connection and communication fees (internet) linked to the use of the Website are the responsibility of the User. Baghop is not responsible for any issues relating to any connections to Website.
Baghop will not be responsible for any errors in payment or Booking confirmation linked to a User’s input error. Services are requested on a personal basis. Account information (username and password) are personal and must not be given to third parties.
Users are reminded that their purchase will be effective as soon as their payment method is validated and confirmed. Once payment has been made, a purchase confirmation email will be sent by Baghop’s payment processor to the User in order to confirm payment and the requested Booking. This email will be sent to the email address provided in the Profile of the User concerned.
The amounts paid by you are not refundable in any circumstances, except in cases of cancellation described below or if Baghop exercises its right to cancel the Booking.
Baghop may on occasion need to interrupt the Website and Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that Baghop will not be liable for any interruption of the Service (whether intentional or not), and you understand that you will not be entitled to any refunds of fees or other compensation for interruption of service.
Likewise, you agree that in the event of loss of any of your personal or user data, we will not be liable for any purported damage or harm arising therefrom.
BAGHOP PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON SIMPLEPRACTICE’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. Baghop does not ensure continuous, error-free, secure or virus-free operation of the Service, the Websites, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on Baghop’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
- User Requirements
- Luggage Requirements
Your Luggage must comply with all airline and Federal Aviation Administration rules and regulations applicable to your Luggage and its contents. BagHop reserves the right to refuse to accept any luggage when BagHop, LLC, in its sole discretion, determines that the luggage is unsafe, does not comply with the terms and conditions of these Terms and Conditions, does not meet the requirements of your airline or the Federal Aviation Administration standards, or for other reasons Its discretion.
Travelers must drop off their Luggage with BagHop at their airport location or reserve a pickup by BagHop at limited designated locations for return to BagHop storage at selected airports. Traveler must be an active BagHop member, have a reservation for BagHop services and Have a BagSafe℠ Tag on their luggage which matches the Tag number on the reservation AND be assigned to the Travelers Account. The electronic information provided by you for your account and which is accessible by you and by BagHop through the BagSafe℠ Tag placed on your Luggage contains provides BagHop access to personal information (such as BagSafe℠ Tag number, bagname, your name and demographic and contact information) and is the property of BagHop. You should lock and secure all Luggage before or at the time of drop off.
Baghop reserves the right to check the contents of Luggage when it is dropped off, and to refuse to transport or store the Luggage if the Luggage contents do not comply with clauses relating to the nature of belongings stored.
BagHop will take a photo of all Luggage that is dropped off, and secure any main zipper with vinyl restraints at time of acceptance and drop off. That photo will be sent to the Traveler via email or SMS message.
Should you lose your BagSafe℠ Tag registered luggage at any time or place, you should activate the BagHop support process to assist in luggage recovery by emailing BagHop at Concierge@Baghop.net. That email should include your Customer number, The BagSafe℠ Tag number(s) of the lost item(s), your lost baggage claim number from the airline or other transportation or organization last in custody of the bag; and the name of the passenger who checked the bag.
BagHop will use appropriate resources to contact the parties you identify and help to recover your bag and return it to you via the technology embedded in the Tag and the information BagHop has available from your member record.
When a piece of Luggage is located, BagHop will contact you to determine the address to use for returning the bag to you. If we cannot reach you within 24 hours, we will have the bag returned to your home address as specified in your account.
Please confirm receipt of the returned bag to BagHop via email to Concierge@Baghop.net.
- Nature Of The Belongings Stored
Luggage includes suitcases and bags of all kinds, sizes, with or without wheels, as well as foldable buggies, that a Traveler wishes to provide to Baghop, excluding the items below:
You represent and warrant to BagHop that your bags contain no substances or materials that are inherently dangerous or are banned for transport by the FAA.
The following is also prohibited:
- Single pieces of Luggage weighing over 75 pounds and Luggage with a height, width or depth of over 46 inches in any dimension
• Metal trunks (other than airline approved metal cases within acceptable dimensions and weight)
• All Handbags (and similar items) that contain important personal effects (keys, wallets, credit cards, cash, ID, etc.)
• Any individual item worth more than $1,000: watches, luxury luggage and bags, computers, tablets and similar items, musical instruments, clocks, porcelain, earthenware, ornaments and decorative objects, rugs, paintings, tapestries, furs, books, silver-plated cutlery, collections, etc.
• Any fragile items: crockery, porcelain, earthenware, etc.
• Perishable food items,
• Cigarettes, tobacco and tobacco products,
• Liquids, wines and spirits,
• Chemical, toxic or dangerous products,
• Moldy, polluted or contaminated items,
• Weapons, ammunition, explosives, combustibles and fireworks,
• Radioactive or dangerous materials,
• Combustible liquids (e.g. LPG, home heating oil, heavy oil and similar products),
• Combustible gases (such as acetylene, methane, butane and propane, hydrogen, etc.),
• Flammable liquids,
• Illegal substances,
• Living things (animals, plants or other),
• Stolen or illegally held goods or property in the course of illegal transportation or trade,
• Goods stored for commercial purposes,
• Jewelry, metals or precious gems, natural pearls, works of art,
• ID card, passport, driving license, property deeds, and other official documents, any military or Government secret or similar documents or materials, or materials subject to security clearance requirements
• Shares, securities, cash, bank cards, coins and any other form of payment.
• Shipments of uncremated human remains, including, but not limited to, limbs, organs, blood, blood platelets, stem cells, or tissue;
•Explosives, firearms, flammables, tear gas, mace, pepper spray;
•Fragile, breakable, or temperature sensitive items;
•Electronic or photographic equipment
6. Registration on the Website
The Website is accessible to its Users via internet on a fixed or mobile device with a web browser.
Some of the Website’s functionalities can be used for free and without registration, whereas others require at least registration.
In order to access the Services, and especially to be able to or make a Booking, Users must register with BagHop on the Website and create an Account.
Only those who certify that they are of legal age, with the legal capacity of entering into a contract and may create an Account.
In order to become a User, the User must create an account and complete a form which may include up to all of the following items: name, surname, email address, desired password, default delivery address, Mobile Phone number, Other phone number, Home Airport, Hotel Loyalty Programs, Airline Loyalty programs, Number of Bags you want to register .
When you receive your BagSafe℠ Tag(s) you will need to Log on and link your Tag(s) to corresponding pieces of your luggage (your bag(s)). Your Customer ID and your BagSafe℠ Tag number will be used to identify you when you drop off or pick up your bags with BagHop. Each User represents and warrants that the information they provide is accurate.
The username and password are strictly personal and confidential. Any login to a personal account will be assumed to be carried out by the User. Baghop may not be held responsible for logins by third parties.
Certain information must be provided to BagHop in order for the Traveler to be able to make a Baggage Delivery or Storage reservation online.
The User also agrees to update their private profile registration information if it changes at any time. User specifically agrees that BagHop may rely on the information in the Customer Profile when serving the Customer.
7. Claims for Lost or Damaged Luggage
If your Luggage is not delivered by BagHop or if it arrives damaged, and you believe that BagHop is responsible, you must file a claim with BagHop by sending an email to Concierge@baghop.net as soon as possible after discovering any loss or damage but no later than twelve (12) hours after delivery of your bags to your hotel. The email shall identify the Customer and the Tag Number(s) for the bag(s) that are missing or damaged, your airline and flight information, your last known location and your Lost bag claim number (the PIRM) number(if applicable). If you do not report the damage or loss within the described time frame to Concierge@baghop.net you agree that BagHop has no responsibility for any such loss or damage. Verbal or other methods of reporting such a claim are agreed to be ineffective.
You hereby waive your rights and remedies to any lost or damaged Luggage (including any damage claims) if you fail to file a claim as provided herein and within the time frame described herein. Time is of the essence of the requirement to report any such claim.
You agreed that you may not claim any damages or other right to payment in the event of a delay in delivering your Luggage to you and you hereby waive any rights and remedies associated with any delay in delivering your Luggage to you.
8. Limitation of Liability/Force Majeure
BagHop, LLC AND ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, MANAGERS OR DIRECTORS’ LIABILITY, IF ANY, FOR ANY REASON UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR THE WEBSITE INCLUDING WITHOUT LIMITATION ANY LOSS, DAMAGE TO, OR DELAY IN THE DELIVERY OF LUGGAGE OR ITS CONTENTS IS LIMITED TO THE PROVEN AMOUNT OF DAMAGE OR LOSS, BUT IN NO EVENT SHALL BagHop, LLC. LIABILITY EXCEED $500 PER LUGGAGE PIECE. COMPENSATION WILL BE PAID ONLY FOR LOSS OF OR PHYSICAL DAMAGE TO LUGGAGE AT ACTUAL CASH VALUE NOT REPLACEMENT COST NOT TO EXCEED THE SPECIFIED LIMIT OF LOSS OF $500.00 PER LUGGAGE PIECE.
IN NO EVENT WILL BAGHOP, LLC. , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR YOUR PERSONAL OR ANY USER DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. EVEN IF YOU HAVE ADVISED BAGHOP OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY STATED ABOVE, THE MAXIMUM AMOUNT YOU ARE ENTITLED TO RECOVER IS THE AMOUNT PAID TO BAGHOP FOR ITS SERVICES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Baghop, LLC. SHALL NOT BE LIABLE FOR ANY CONCEALED LOSS OR DAMAGE. Baghop, LLC. IS NOT RESPONSIBLE FOR DAMAGES LOSSES OR DELAYS RESULTING FROM EVENTS BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: YOUR UNAVAILABILITY AT TIME OF DELIVERY OR THE FAILURE OR REFUSAL OF A PERSON TO ACCEPT DELIVERY OF THE LUGGAGE; ACTS OF GOD; ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; CRIMINAL ACTS OF THIRD PARTIES; WORK STOPPAGES OR OTHER LABOR DISPUTES; WAR, MILITARY ACTIONS OR POLICE ACTIONS; ACTS OF TERRORISM; CIVIL COMMOTIONS; OR DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA AND NATURAL DISASTERS.
9. Booking, Luggage Return
After booking, you will be informed by email at the address provided in your Account with a detailed summary of the confirmed Booking and payment will be taken automatically.
You will not be able to drop off your luggage to BagHop for Delivery to your Hotel or for Day storage unless you have successfully created an Account on the Website, and created a paid Delivery or Storage reservation. An account or a reservation can also be created at the time of drop off at the BagHop drop off area in the Traveler’s arrival airport, and a BagSafe℠ Tag can be affixed to travelers bag there, at that same time.
Services reserved by Customer with BagHop will only be performed for BagSafe℠ registered luggage belonging to you that are dropped off with BagHop by you directly, at the applicable BagHop airport dropoff location, or by hotel employees at specific designated hotels, for BagHop pickup for delivery to BagHop Storage at your departure airport at select airports.
Booking Summary and Luggage return
BagHop will take a photo of the Luggage when you drop it off with BagHop, and again when it is delivered to your hotel. This hotel drop off photo will be sent to you by email or SMS as you prefer.
A Booking summary will also be sent by Baghop to the Traveler and to BagHop, and includes the following information: Date of Luggage drop-off, BagSafe℠ Tag number(s) of bag(s) dropped off, , location of hotel delivery premises, the price of the service and the total price for all reserved services for this luggage. BagHop may ask the Customer for a valid Government recognized ID to confirm that the BagSafe℠ Tag(s) dropped off belong to the BagHop registered Customer.
BagHop reserves the right to require identification prior to releasing Luggage.
10. Booking cancellation – Termination
Cancellation by Traveler with Refund to the Traveler
Up to the departure of your flight, the Traveler may cancel their reservation and will be refunded the amount paid online for this Booking.
No cancellation will be accepted after the departure of your flight stated in the Booking. All other cancellations by you will be non-refundable.
Cancellation by Baghop:
Baghop may cancel a Booking at any time. In such a case, you will be refunded the entire amount paid online for this Booking and will be able to carry out a new Booking. You agree that in the event Baghop cancels a Booking then Baghop will have no liability for such cancellation.
To cancel a confirmed Booking, the Traveler must email BagHop at email@example.com and notify BagHop of the cancellation including in that email the Customer ID, BagSafe℠ Tag, and the date of the reserved arrival date. Once the cancellation is confirmed, a notification will be sent via email.
The refund of the amounts due to you, where you are entitled to refund pursuant to the terms herein, will be carried out within a maximum of 15 days from the time of cancellation.
Termination Due to Your Breach or Non-Compliance
– In the event of a Traveler’s non-compliance with their commitments and/or with these Terms and Conditions, they will not be refunded by Baghop for the terminated Booking.
– In the event of a User’s non-compliance with their commitments and/or these Terms and Conditions, Baghop reserves the right to delete their Account.
11. Personal data
Users agree and accept that their personal data:
– may be used by Baghop to contact them and/or to find out about the use of the Website and thus respond to the needs of its Users,
– may be transferred to external service providers (e.g. delivery Hotel and BagHop’s payment processing partner).
12. Intellectual property
Baghop, LLC is the owner of any and all copyrights relating to all elements of the Website and associated websites and of all pages and documents published there by Baghop. All the elements accessible on the Website, including text, photographs, images, icons, maps, sounds, videos, software and databases, are also protected by intellectual and industrial property rights and other private rights or relevant usage rights held by Baghop, limited by any rights held by third parties.
Access to the Website does not entitle Users to any right over the intellectual property rights relating to the Website and the associated web pages, which remain the exclusive property of Baghop. Any violation of copyright may lead to prosecution.
Baghop does not authorize any use of its Site, services or data, other than that offered on the Website. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt or use in any way, in any format and by any means, all or part of the Website without prior written authorization from the Company, in the case of usage other than that intended by the Website.
Nevertheless, the User can reproduce and print the information to which they have access through their requested Services for strictly personal use. However, the reproduction of the entirety of the information and data contained on the Website and/or within the services requested is forbidden, as is the uploading of this information to the internet.
It is strictly forbidden for the User to copy this information and data in order to publish, spread or sell it in any way, and/or to violate the rights, directly or indirectly, held by Baghop, by other Users or by third parties in any way.
It is forbidden for any legal person, or for any physical person acting on behalf of a legal person, to contact Users, or to retrieve part or all of the Website’s database, or even to use the Website. This prohibition applies particularly, but not exclusively, to practices such as scrapping or the use of robots in order to extract or reproduce any element of the Website, including the range of products or services offered there, especially for commercial ends. Baghop reserves the right to delete the account concerned immediately, without any possibility of refund or compensation,
You agree to defend, indemnify and hold harmless Baghop, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you of these Terms and Conditions, including without limitation your representations and warranties relating to your data, User Data; (ii) your use of the Service and Website, or (iii) your acts, omissions or use of the Service, including without limitation your negligent, noncompliant, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
14. Legal Relationship Between You and Baghop; No Third Party Beneficiaries
You acknowledge that your participation in the Service, including your creation or uploading of an Account, does not make you a Baghop employee and that you do not expect to be, and will not be, compensated by Baghop for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by these Terms and Conditions. There are no third party beneficiaries, intended or implied, under this Terms and Conditions.
15. Survival of Terms After Termination
The following terms will survive any termination of this Agreement: Sections 6, 7 and 9 through 17.
16. Dispute Resolution Dispute: has the broadest meaning possible and means any dispute, action, or other controversy between you and Baghop relating to the Website or the Service, any transaction or relationship between you and Baghop resulting from your use of the Website Service, communications between you and Baghop, or this Terms and Conditions whether in contract, warranty, tort, laws, or regulations
In the event of a Dispute between you and Baghop (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Fairfax County Virginia. In the event that there is any Dispute between you and Baghop that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state courts located in the Fairfax County Virginia, and federal courts located in Alexandria, Virginia. You agree that this Agreement and the relationship between you and Baghop shall be governed by the Federal Arbitration Act and the laws of the Commonwealth of Virginia without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
17. Assignment of Terms and Conditions and Account
You may not assign this Terms and Conditions or your Account without our prior written consent. You may not transfer or sublicense any licenses granted by Baghop in this Terms and Conditions without our prior written consent. We may assign this Terms and Conditions, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Terms and Conditions.
18. Integration, Interpretation of Section Headings and Severability
These Terms and Conditions and the policies referenced in this Terms and Conditions sets forth the entire agreement and understanding between you and Baghop with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. Baghop reserves the right to modify this Terms and Conditions at any time upon notification to you as provided in Section 18. If any future change is unacceptable to you, you should discontinue using the Service. Your continued use of the Service will always indicate your acceptance of this agreement and any changes to it.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Terms and Conditions, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Terms and Conditions. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Terms and Conditions. If any provision of this Terms and Conditions shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.