LocalYoo Local Attraction Ltd (“LocalYoo”, or “us”, “our”, “we”) provides an Internet platform which allows users to list, discover and book unique and personalized tips and experiences around the world (the “Site”). These Terms of Service (“Terms”) govern your access and use of the Site. “You” means a user of the Site, whether as a Traveler or as an Expert (as defined below).
Use of Site
LocalYoo allows you to access and use the Site subject to these Terms for your own personal use. LocalYoo may, in its sole discretion and at any time, modify or discontinue providing the Site or any part thereof without notice. LocalYoo also reserves the right to modify its payment terms with reasonable prior notice.
Use of and access to the Site is void where prohibited by law. By using the Site, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Site and (d) your use of the Site does not violate any applicable law or regulation or any obligation.
You may register to use LocalYoo by registering an account or connecting through Facebook (or another social media account as permitted by LocalYoo). By registering through a Facebook account or other social media account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of Facebook or the other applicable social media account. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. LocalYoo will not be liable for any losses or damage arising from unauthorized use of the Site, and you agree to indemnify and hold LocalYoo harmless for any improper or illegal use of the Site, and any charges and taxes incurred, unless you have notified us via e-mail at firstname.lastname@example.org that your account have been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
LocalYoo reserves the right to require Experts to provide additional information as requested by LocalYoo. LocalYoo reserves the right to refuse to allow any individual or entity to join the Site as an Expert, at any time or for any reason.
Termination of Account
We may terminate your use of the Site if you let someone use your account inappropriately, or if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin LocalYoo again without our express permission
Furthermore, you agree that LocalYoo may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any User Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, including travelers, other users or the business interests of LocalYoo.
If LocalYoo believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your LocalYoo account at any time and for any reason by sending an email to email@example.com. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to LocalYoo and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Definitions: In these Terms, (a) an “Expert” means an individual or entity providing any information or advice or providing an offer for any service through the Site; (b) a “Traveler” means an individual or entity requesting any information, advice or service on the Site; and (c) “Information” means any information, advice or offer for service made available through the Site.
Travelers: If you post any request for Information on the Site, you agree to provide a reasonably fair and accurate description of the Information requested, with sufficient detail to allow an Expert understand what kind of information you are requesting. If you purchase a service through the Site, the Expert may communicate to you additional terms through the messaging service of the Site regarding such service, and you agree to abide by any such terms.
Experts: If you offer to provide any Information through the Site, you represent and warrant that such Information is to the best of your knowledge accurate in all material respects. If you offer to provide any services through the Site, you represent and warrant that you are qualified to provide such services, and that you will provide such services at a high industry standard. In addition, you further represent and warrant that any description of your services is accurate in all material respects. Any violation of these requirements may result in the immediate termination of your account. LocalYoo will not hesitate to take additional legal action where appropriate. You shall confirm any acceptance of your offers to provide Information within 48 hours of the provision of the acceptance by a Traveler. Failure to confirm any such acceptance shall result in the automatic retroactive rescission of the acceptance. If you offer to provide a service through the Site, and wish to communicate any additional terms to a Traveler, you may do so through the messaging service of the Site.
Payment: Payments in respect of Information provided by Experts must be made through the Site, according to the payment methods provided by LocalYoo. Unless the parties expressly agree otherwise, Travelers shall provide their payment information together with any request for Information through the Site. Travelers will only be charged if the applicable Expert approves the request for Information, and confirms that it shall provide such Information, within 48 hours. LocalYoo will not transfer any payments to the applicable payee prior to the provision of the applicable Information. LocalYoo may further retain amounts paid hereunder for up to 21 days subsequent to the provision of Information, before transferring such amounts to the applicable payee, to ensure that Information and services are provided to the reasonable satisfaction of the applicable user. LocalYoo may use subcontractors to provide payment processing services, and all payments shall be subject to the applicable terms and conditions of such subcontractors. LocalYoo shall retain a commission of 20% on each payment made through the Site.
Taxes: Experts shall ensure that all payment amounts set forth herein shall be inclusive of all applicable taxes, including VAT or sales, use or excise taxes. Experts shall be responsible for all taxes and government charges on amounts received by them through the Site, and LocalYoo shall not have any responsibility in respect thereof. You shall not withhold or deduct any amounts from payments made hereunder, except as required by applicable law or regulation. If you are required by applicable law or regulation to withhold or deduct any amounts from payments made hereunder, you shall make payment of additional amounts, as required to ensure that the recipient hereunder of any payments shall receive the full amount due as if no such withholding or deduction was made. LocalYoo will not make payment of any interest on amounts retained by LocalYoo prior to payment to a user according to these Terms.
Complaints: LocalYoo provides a full money-back guarantee if you are not satisfied by any Information or services provided by an expert hereunder, according to the terms set forth herein. Please direct any complaints regarding Experts or Travelers to firstname.lastname@example.org within 48 hours from the day of the activity or the day the information was provided by the Expert. LocalYoo will make reasonable commercial efforts to investigate any complaint in the first 7 day period after receiving such complaint as set forth above. If during said seven day period LocalYoo determines that such complaint is justified, and that the Information was not provided or that the Information did not satisfy the warranties made hereunder, LocalYoo may in its reasonable discretion not make payment of paid amounts to the applicable Expert and instead refund amounts actually paid to the applicable Traveler. All Experts agree to accept LocalYoo’s determination of whether any Information or activity was provided or was provided in accordance with these Terms, and hereby waive any and all claims against LocalYoo regarding any such determination.
Cancellation Policy: Travelers will only be charged if the applicable Expert approves the request for Information, and confirms that it shall provide such Information, within 48 hours. Travelers may cancel any request for Information subject to payment of the following charges, which shall be automatically deducted from Travelers payment hereunder: (a) if the cancellation is made at least seven days prior to the scheduled time of the activity, the Traveler shall not be charged, (b) if the cancellation is made less than seven days but more than 48 hours prior to the scheduled time of the activity, the Travelers shall be charged 50% of the agreed amount, and (c) if the cancellation is made less than 48 hours prior to the scheduled time of the activity, the Travelers shall be charged 100% of the agreed amount. If the provision of any services by an Expert depends on the weather, and inclement weather interferes with the agreed activity, the Traveler should notify LocalYoo by sending an email to email@example.com within 48 hours of the time that the activity was supposed to begin. The parties may agree to reschedule the activity but if the parties do not succeed in agreeing on an alternative time, all applicable amounts shall be refunded to the applicable Traveler. “Inclement weather” is deemed to have “interfered” with an activity if such activity is typically undertaken by the Expert in specific weather, and intemperate weather during the initially agreed time of the activity would cause the activity to be materially uncomfortable for the participants.
LocalYoo cannot and does not take any responsibility or liability in respect of the actions, errors or omissions of any users. LocalYoo will make efforts to investigate the background or history of any Travelers or Experts. Notwithstanding the foregoing, LocalYoo is not generally affiliated with any Expert or Traveler and, as such, cannot take responsibility for the actions or omissions of any Expert or Traveler. AS SUCH, YOUR INTERACTION WITH ANY OTHER USER, INCLUDING, WITHOUT LIMITATION, DURING COMMUNICATIONS, MEETINGS, AGREEMENTS OR OTHER DEALINGS, INCLUDING IN THE CONTEXT OF PROVIDING OR RECEIVING ANY INFORMATION OR SERVICE, OR NEGOTIATING TERMS FOR THE SAME, IS AT YOUR OWN RISK.
LocalYoo and its licensors own the Site, including all worldwide intellectual property rights in the Site, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or any User Content (as defined below) appearing in the Site without LocalYoo’s prior written consent. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of LocalYoo or any third party.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site; (b) circumvent, disable, or otherwise interfere with security-or access-related features of the Site or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (d) harvest, collect or mine information about users of the Site; or (e) use or access another user’s account or password.