1. These Terms & Conditions set out the entire agreement between the Applicants, Shortlisted Applicants, Grantees and the Promoter with respect to the Booking Cares Fund.
2. These Terms & Conditions apply to the entire legal relation between the Applicant and the Promoter in relation to the Booking Cares Fund. The Applicant accepts that the Promoter's decisions shall be final and binding in all respects relating to the Booking Cares Fund.
3. The Selected Applicants and Grantees are entirely responsible for assessing and paying all applicable federal, provincial, state and local taxes in any respect of the Booking Cares Fund including as to any share of the Fund received, if any, including any income or withholding taxes, both in the country or countries of their business and in the country where the grant is allocated/ paid. In the event that the Promoter is or may reasonably become obliged to pay any withholding tax in relation to the Applicant, the Promoter is entitled to deduct such tax from a grant.
4. These Terms & Conditions prevail in the event of any conflict or inconsistency with any other communications, including promotional materials.
5. The Promoter is not responsible for:
a. entries or other communications which are misdirected, lost, delayed, damaged or corrupted during delivery to or from the Promoter due to any computer malfunction, virus, bug, delay, erroneous or any other reason whatsoever;
b. lost, interrupted or unavailable network, server, telecommunications, Internet Service Provider (ISP), website, or other connections;
c. computer hardware or software malfunctions, failures or difficulties;
d. any incorrect or inaccurate information, whether caused by human error, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Booking Cares Fund;
e. for injury or damage to Applicants' or to any other person's computer related to or resulting from participating in the Booking Cares Fund or downloading materials from or use of the Booking Cares Fund website; or;
f. other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Booking Cares Fund including, without limitation, errors or difficulties which may occur in connection with the administration of the processing of applications, the judging process, the announcement of the selected or in any related materials.
6. Persons who tamper with or abuse any aspect of the Booking Cares Fund or any linked website or who are in violation of these Terms & Conditions, as solely determined by the Promoter, are liable to be disqualified and all associated entries will be void.
7. The Promoter reserves the right (i) at its sole discretion to suspend, modify or terminate the Selection Process at any time and for any reason, (ii) at its sole discretion to amend these terms and conditions at any time, and (iii) to withdraw of the Booking Cares Fund if it cannot be operated as envisaged, or cannot be operated as envisaged without disproportionate expense.
8. Applying with the Booking Cares Fund is at the Applicant’s own risk. Any advice, coaching, mentoring etc given by or on behalf of the Promoter and in the context of the Booking Cares Fund is provided free of charge. The consequences of following up (or not) any such advice are solely for the Applicant’s account.
9. Applicants, by participating, agree that to the extent permissible under applicable law and unless in case of willful conduct of severe negligence of the management of the Promoter, the Promoter, its parent, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, "Released Parties") will have no liability whatsoever for, and shall be held harmless by Applicants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, business or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the grant or participation in activities related to the Booking Cares Fund including the Selection Process.
10. The Applicant shall indemnify the Promoter from any and all claims, liabilities, costs and expenses arising in any way from a breach of the Applicant's obligations, warranties or representations under these Terms & Conditions or in any way given as part of the Booking Cares Fund. Any breach entitles the Promoter to full repayment of any grant paid.
11. Neither the participation in the Booking Cares Fund nor the granting of any funding constitutes any form of influence, control or participation in the Applicant’s business. The Booking Cares Fund explicitly is not intended to constitute a distribution, agency, labor, instruction, joint venture, or cooperation agreement between the Applicant and the Promoter.
12. These Terms & Conditions, as well as the entire legal relationship between the Applicant and the promoter as far as it relates the Booking Cares Fund shall be solely governed by the laws of the Netherlands. Any conflict arising from or in relation to these Terms & Conditions and/ or the Booking Cares Fund shall be brought to the exclusive jurisdiction of the courts of the Netherlands.
13. The Promoter is entitled to transfer it rights and obligations from these Terms & Conditions and any other rights and obligation in relation to the Booking Cares Fund, as well as the contract itself, to third parties.