Terms of service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Bōde Platform, you agree to comply with and be bound by these Terms.
Last Updated: April 7, 2022
Thank you for using Bōde!
These Terms constitute a legally binding agreement ("Agreement") between you and Bōde (as defined below) governing your access to and use of the Bōde website, including any subdomains thereof, and any other websites through which Bōde makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Bōde Services"). The Site, Application and Bōde Services together are hereinafter collectively referred to as the “Bōde Platform”.
When these Terms mention “Bōde,” “we,” “us,” or “our,” it refers to the Bōde company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
1. Scope of Bōde Services
- 1.1. The Bōde Platform is an online marketplace that enables registered users (“Account Holders”) to publish Seller Listings on the Bōde Platform (“Listings”) and to communicate and transact directly with Account Holders that are seeking to make offers on Seller Listings (Account Holders using Listings are “Buyers”).
- 1.2. As the provider of the Bōde Platform, Bōde does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Sellers alone are responsible for the creation of their Listings. When Account Holders negotiate a contract to transfer ownership of a home, they are entering into a contract directly with each other. Bōde is not and does not become a party to or other participant in any contractual relationship between Account Holders.
- 1.3. Bōde has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Account Content or (iii) the performance or conduct of any Account or third party. Bōde does not endorse any Account or Listing Service. Any references to an Account being "verified" (or similar language) only indicate that the Account has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Bōde about any Account, including of the Account's identity or background or whether the Account is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to view a home or communicate and interact with other Account Holders, whether online or in person.
- 1.4. If you choose to use the Bōde Platform as a Seller or Co-Seller (as defined below), your relationship with Bōde is limited to a brokerage relationship and not an employee, agent, joint venture or partner of Bōde for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Bōde. Bōde does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion whether to List on the Bōde Platform.
- 1.5. To promote the Bōde Platform and to increase the exposure of Listings to potential Buyers, Listings and other Account Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Account Holders who speak different languages, Listings and other Account Content may be translated, in whole or in part, into other languages. Bōde cannot guarantee the accuracy or quality of such translations and Account Holders are responsible for reviewing and verifying the accuracy of such translations. The Bōde Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
- 1.6. The Bōde Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Bōde is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Bōde of such Third-Party Services.
- 1.7. Due to the nature of the Internet, Bōde cannot guarantee the continuous and uninterrupted availability and accessibility of the Bōde Platform. Bōde may restrict the availability of the Bōde Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Bōde Platform. Bōde may improve, enhance and modify the Bōde Platform and introduce new Bōde Services from time to time.
2. Eligibility, Using the Bōde Platform, Account Verification
- 2.1. In order to access and use the Bōde Platform or register a Bōde Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of Alberta, British Columbia or Ontario and able to enter into legally binding contracts.
- 2.2. Bōde may make access to and use of the Bōde Platform, or certain areas or features of the Bōde Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or an Account’s booking and cancellation history.
- 2.3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Account’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Account Holders to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Account Holders, (ii) screen Account Holders against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify an Account, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
- 2.4. The access to or use of certain areas and features of the Bōde Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Bōde Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Bōde Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
- Bōde reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Bōde Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Bōde Platform will constitute acceptance of the revised Terms.
4. Account Registration
- 4.1. You must register an account ("Bōde Account") to access and use certain features of the Bōde Platform, such as publishing or viewing a Listing. If you are registering an Bōde Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
- 4.2. You may register a Bōde Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Bōde Account and your SNS Account at any time, by accessing the "Settings" section of the Bōde Platform.
- 4.3. You must provide accurate, current and complete information during the registration process and keep your Bōde Account and information up-to-date at all times.
- 4.4. You are permitted to add additional Bōde accounts. You may not assign or otherwise transfer your Bōde Account to another party.
- 4.5. You are responsible for maintaining the confidentiality and security of your Bōde Account credentials and may not disclose your credentials to any third party. You must immediately notify Bōde if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Bōde Account. You are liable for any and all activities conducted through your Bōde Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
- 5.1. Bōde may, at its sole discretion, enable Account Holders to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Bōde Platform ("Account Content"); and (ii) access and view Account Content and any content that Bōde itself makes available on or through the Bōde Platform, including proprietary Bōde content and any content licensed or authorized for use by or through Bōde from a third party ("Bōde Content" and together with Account Content, "Collective Content").
- 5.2. The Bōde Platform, Bōde Content, and Account Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada. You acknowledge and agree that the Bōde Platform and Bōde Content, including all associated intellectual property rights, are the exclusive property of Bōde and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bōde Platform, Bōde Content or Account Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Bōde used on or in connection with the Bōde Platform and Bōde Content are trademarks or registered trademarks of Bōde in Canada. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Bōde Platform, Bōde Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- 5.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Bōde Platform or Collective Content, except to the extent you are the legal owner of certain Account Content or 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 Bōde or its licensors, except for the licenses and rights expressly granted in these Terms.
- 5.4. Subject to your compliance with these Terms, Bōde grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) (if available) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Bōde Platform and accessible to you, solely for your personal and non-commercial use.
- 5.6. You are solely responsible for all Account Content that you make available on or through the Bōde Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Account Content that you make available on or through the Bōde Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bōde the rights in and to such Account Content, as contemplated under these Terms; and (ii) neither the Account Content nor your posting, uploading, publication, submission or transmittal of the Account Content or Bōde's use of the Account Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- 5.7. You will not post, upload, publish, submit or transmit any Account Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) solicitation, discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances.
6. Ratings and Reviews
- 6.1. Within a certain timeframe after completing a booking, Sellers can leave a review (“Review”) and submit a star rating (“Rating”) about the viewing experience. Ratings or Reviews reflect the opinions of individual Account Holders and do not reflect the opinion of Bōde. Ratings and Reviews are not verified by Bōde for accuracy and may be incorrect or misleading.
- 6.2. Ratings and Reviews by Buyers and Sellers must be accurate and may not contain any offensive or defamatory language.
- 6.3. Account Holders are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Account.
7. Damage during Viewings, Disputes between Account Holders
- 7.1. As a Buyer, you are responsible for leaving the Viewing (including any personal or other property located at the Viewing) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Viewing, excluding the Seller (and the individuals the Seller invites to the Viewing, if applicable).
- 7.2. Entering a Seller's property and participating in a Viewing is entirely at the risk and responsibility of the Buyer. Bōde makes no representation or warranty that the Seller has any insurance that covers a Buyer's occupancy on the Seller's property or that any insurance of the Seller is sufficient to satisfy any claim made by a Buyer. In no circumstances shall Bōde have any liability or exposure whatsoever with respect to Buyer's occupancy on the Seller's property or the Buyer's participation in a Viewing, and the Buyer specifically waives and disclaims any rights the Buyer has or may have as against Bōde for any such claim, loss or damages.
8. Prohibited Activities
8.1. You are solely responsible for compliance with any and all laws, rules,
regulations, and Tax obligations that may apply to your use of the Bōde Platform. In
connection with your use of the Bōde Platform, you will not and will not assist or
enable others to:
- A. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- B. use the Bōde Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Bōde endorsement, partnership or otherwise misleads others as to your affiliation with Bōde;
- D. use the Bōde Platform in connection with the distribution of unsolicited commercial messages ("spam");
- E. offer, as a Seller, any Viewing that you do not yourself own or have permission to make available as a residential or other property through the Bōde Platform;
- F. contact another Account for any purpose other than asking a question related to your Account's use of the Bōde Platform, including, but not limited to, recruiting or otherwise soliciting any Account to join third-party services, applications or websites, without our prior written approval;
- G. use the Bōde Platform to request, make or accept a booking independent of the Bōde Platform, to circumvent any Service Fees or for any other reason;
- H. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- I. use, display, mirror or frame the Bōde Platform or Collective Content, or any individual element within the Bōde Platform, Bōde's name, any Bōde trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Bōde Platform, without Bōde's express written consent;
- J. dilute, tarnish or otherwise harm the Bōde brand in any way, including through unauthorized use of Collective Content, registering and/or using Bōde or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Bōde domains, trademarks, taglines, promotional campaigns or Collective Content;
- K. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Bōde Platform for any purpose;
- L. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Bōde or any of Bōde's providers or any other third party to protect the Bōde Platform;
- M. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Bōde Platform;
- N. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Bōde Platform;
- O. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- 8.2. You acknowledge that Bōde has no obligation to monitor the access to or use of the Bōde Platform by any Account or to review, disable access to, or edit any Account Content, but has the right to do so to (i) operate, secure and improve the Bōde Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Account Holders’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Account Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Account Holders agree to cooperate with and assist Bōde in good faith, and to provide Bōde with such information and take such actions as may be reasonably requested by Bōde with respect to any investigation undertaken by Bōde or a representative of Bōde regarding the use or abuse of the Bōde Platform.
- 8.3. If you feel that any Account you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bōde by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
9. Termination, Suspension and other Measures
- 9.1. The terms of the Bōde Listing Agreement with mutual commitments by Bōde and the Seller supersede the following measures that apply to all account holders.
- 9.2. You may terminate your account at any time through your Bōde Profile.
- 9.3. Without limiting our rights specified below, Bōde may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
- 9.4. Bōde may immediately, without notice, terminate this Agreement and/or stop providing access to the Bōde Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Bōde believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bōde, its Account Holders, or third parties (for example in the case of fraudulent behavior of an Account).
- 9.5. In addition, Bōde may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Bōde Account registration, Listing process or thereafter, (iv) you and/or your Listings or Seller Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received complaints about your performance or conduct, (vi) Bōde believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bōde, its Account Holders, or third parties.
- 9.6. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Bōde and an opportunity to resolve the issue to Bōde's reasonable satisfaction.
- 9.7. When this Agreement has been terminated, you are not entitled to a restoration of your Bōde Account or any of your Account Content. If your access to or use of the Bōde Platform has been limited or your Bōde Account has been suspended or this Agreement has been terminated by us, you may not register a new Bōde Account or access and use the Bōde Platform through a Bōde Account of another Account.
- If you choose to use the Bōde Platform or Collective Content, you do so voluntarily and at your sole risk. The Bōde Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
- You agree that you have had whatever opportunity you deem necessary to investigate the Bōde Services, laws, rules, or regulations that may be applicable to your use of the Bōde Platform and that you are not relying upon any statement of law or fact made by Bōde. If we choose to conduct identity verification or background checks on any Account, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by an Account or guarantee that an Account will not engage in misconduct in the future.
- You agree that use of the Bōde Platform may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Bōde Platform services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Seller Services. If you are bringing a minor to a viewing, you are solely responsible for the supervision of that minor throughout the duration of the viewing to the maximum extent permitted by law, you agree to release and hold harmless Bōde from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the viewing or in any way related to the Bōde platform.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Bōde Platform and Collective Content, your publishing or booking of any viewing via the Bōde Platform, or any other interaction you have with other Account Holders whether in person or online remains with you. Neither Bōde nor any other party involved in creating, producing, or delivering the Bōde Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Bōde Platform or Collective Content, (iii) from any communications, interactions or meetings with other Account Holders or other persons with whom you communicate, interact or meet with as a result of your use of the Bōde Platform, or (iv) from your publishing or booking of a viewing or showing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Bōde has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- To the maximum extent permitted by applicable law, you agree to release, defend (at Bōde’s option), indemnify, and hold Bōde and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Bōde Platform or any Bōde Services, (iii) your interaction with any Account, or Viewing, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your breach of any laws, regulations or third party rights.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Bōde Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Bōde Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
14. Applicable Law and Jurisdiction
15. Customer Acknowledgement as Defined by the Real Estate Council of Alberta for Alberta Customers
- 15.1. By agreeing to the Bōde terms of service, you acknowledge that we will not act as your agent.
- 15.2. You have read and understood the options provided to you as described in the Real Estate Council of Alberta’s Consumer Relationships Guide (Guide) . You have decided not to have an agent represent you. This means you will not have the services that go with agency. You understand that:
- A. we have no agency obligations to you, especially fiduciary ones. In a fiduciary relationship you rely on someone to act in your best interests.
- B. we cannot use your judgement on your behalf, give you advice or act in your best interests.
16. Commission Payments for Buyer Representation
16.1. The Bōde model allows for payment to a buyer agent under contract in the event that:
- A. The Bōde seller has elected to pay buyer agent commission. In this circumstance, money would be transferred to the buy side brokerage upon closing and transfer of title as per normal course and industry standards.
- B. The Bōde seller has not elected to pay buyer commission. In this event, the buyer’s agent would pursue payment of commissions directly from the buyer per the terms of a Buyer Brokerage Agreement.
- 17.1. REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.
- 17.2. The information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy.
- 17.3. The Bōde website is operated by a brokerage who is a member of The Canadian Real Estate Association.
- 17.4. The listing content on this website is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website.
18. For Users Utilizing Edmonton, Alberta VOW Data
- 18.2. That all data obtained from the VOW is intended only for the Registrant’s personal, non-commercial use;
- 18.3. That the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;
- 18.4. That the Registrant will not copy, redistribute or retransmit any of the data or information provided;
- 18.5. That the Registrant acknowledges Cooperative ownership of and the validity of the copyright in the MLS® System database
19. General Provisions
- 19.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Bōde and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Bōde and you in relation to the access to and use of the Bōde Platform.
- 19.2. No joint venture, partnership, employment, or agency relationship exists between you and Bōde as a result of this Agreement or your use of the Bōde Platform.
19.3. These Terms do not and are not intended to confer any rights or remedies upon
any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- 19.4. Bōde’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
- 19.5. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Bōde's prior written consent. Bōde may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
- 19.6. Unless specified otherwise, any notices or other communications to Account Holders permitted or required under this Agreement, will be provided electronically and given by Bōde via email, Bōde Platform notification, or messaging service (including SMS).
- 19.7. If you have any questions about these Terms please submit a form in the “Contact Us” section of the Bōde Platform.