Terms of Service
LAST UPDATED: NOVEMBER 8TH, 2017
LUQL, Inc. (“LUQL,” “we,” “us,” “our”) provides its services (described below) to you through its website located at(the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
ACCESS AND USE OF THE SERVICE
The Service an online platform that connects locals who have unique knowledge of and Tours/Experience with a particular travel destination or activity (“Guides”) with Tourists seeking to receive services related to such destinations and activities (“Tourists”). Guides lead Tours/Experiences on the ground and are responsible for all the travel planning. Through the Services, Guides may create and post profiles (“Profiles”) that provide information about the Guide’s knowledge and Tours/Experience, and may make themselves available to offer certain services to tourists at a particular destination (each such service, a “Tour”). Tourists may select Guides (or may request that LUQL attempt to connect them to a Guide) to provide the Tourist with a Tour/Experience.
PLATFORM NATURE OF THE SERVICES:
LUQL makes available a platform for Tourists and Guides to meet online and arrange for Tours/Experiences. LUQL is not an operator of tours, activities or Experiences, nor is it a Guide of tours or activities, and LUQL does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. LUQL’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Guide for the purpose of accepting payments from Tourist on behalf of the Guide; and (iii) in certain instances, booking lodging accommodations on behalf of Tours as detailed below.
YOU UNDERSTAND AND AGREE THAT LUQL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUIDES AND TOURISTS, NOR IS LUQL AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN GUIDES AND TOURISTS. LUQL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS/EXPERIENCES. LUQL HAS NO CONTROL OVER THE CONDUCT OF LUQL, TOURISTS AND OTHER USERS OF THE SERVICES OR ANY TOURS/EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY TOURS/EXPERIENCES ARE AT THE GUIDE’S AND/OR TOURIST’S OWN RISK.
YOUR REGISTRATION OBLIGATIONS:
MEMBER ACCOUNT, PASSWORD AND SECURITY:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify LUQL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. LUQL will not be liable for any loss or damage arising from your failure to comply with this Section.
MODIFICATIONS TO SERVICE:
LUQL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LUQL will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that LUQL may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on LUQL’s servers on your behalf. You agree that LUQL has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that LUQL reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that LUQL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding LUQL and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your LUQL account information to ensure that your messages are not sent to the person that acquires your old number.
As a Guide, you may create Profiles that showcase your experience, activities you can lead, and the type of Tours/Experiences you can help Tourists plan. Profiles will be made publicly available via the Services, and other Members may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Tour/Experience at your request or invitation, excluding the Tourist (and the individuals the Tourist invites to the Tour/Experience, if applicable). You agree to comply with the LUQL Guide Guidelines available at.
You understand and agree that LUQL does not act as an insurer or as a contracting agent for you as a Guide. If a Tourist requests your expertise for a Tour/Experience and participates in your Tour/Experience, any agreement you enter into with such Tourist is between you and the Tourist and LUQL is not a party thereto. Notwithstanding the foregoing, LUQL serves as your limited authorized agent:
- for the purpose of accepting payments from Tourist on your behalf, and is responsible for transmitting such payments to you, subject to these Terms of Service, and
- for the purpose of booking online lodging and accommodations (“LUQL Bookings”)
You are responsible for all other bookings, including without limitation on-the-ground arrangements, tours or experiences you host, restaurants and similar bookings.
You represent and warrant that your Profile and your planning of and/or guidance on any Tour/Experience:
- will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)
- will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Tour/Experience, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties.
Please note that LUQL assumes no responsibility for any Guide’s or Tourist’s compliance with any applicable laws, rules and regulations. LUQL reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that LUQL, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
LUQL recommends that Guides and Tourists obtain appropriate insurance for their Tours/Experiences. Please review any insurance policy that you may have for your Tour/Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Tourists (and the individuals the Tourists invites to the Tour/Experience, if applicable) while participating in your Tour/Experience.
LUQL does not endorse any Tours/Experiences. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from LUQL with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings or Trips made by you. This limitation shall not apply to any claim by a Guide against LUQL regarding (i) the remittance of payments received from a Tourist by LUQL on behalf of a Guide or (ii) the failure of LUQL to book a LUQL Booking for which the Tourist provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
CONDITIONS OF USE
BOOKINGS AND FINANCIAL TERMS FOR GUIDES:
1. GUIDES (Users who lead activities). Except in the case of a Pre-Approved Event (as defined below), if you are a Guide and a booking is requested for your Tour/Experience via the Services, you will be required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by LUQL in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of a Tour/Experience within the specified timeframe, any amounts collected by LUQL for the requested booking will be refunded to the applicable Tourist’s credit card and any pre-authorization of such credit card will be released. You may be able to create a Listing that is pre-scheduled for a specific time and date, where the Tourist’s booking may be automatically confirmed (a “Pre-Approved Event”). When a booking is requested via the Services, we may share with you the first and last name of the Tourist who has requested the booking and a link to the Tourist’s LUQL Account profile page.
The fees displayed in each Tour Listing are comprised of the Tour/Experience Fees (defined below). Where applicable, Taxes may be charged in addition to the Experience Fees but it is generally expected to be included in the price per person displayed. The Tour/Experience Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Tourist solely relating to a Guide’s Experience are the “Experience Fees”. Please note that it is the Guide and not LUQL which determines the Experience Fees. LUQL charges a fee to Guides of ten percent (10%) of applicable Tour/Experience Total Fees which include Operational Fees as well as the “Credit Card Fees”/Transaction Fees. LUQL will collect the Total Fees at the time of booking confirmation (i.e. when the Guide confirms the booking within the specified timeframe) and will initiate payment of the Tour/Experience Fees (less LUQL’s Guide Fees (defined below)) to the Guide within 48 hours of when the Tourist arrives at the applicable Experience (except to the extent that a refund is due to the Tourist). However, please note that we will not be responsible for delays in remitting Tour/Experience Fees, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations.
Based on the amount of work the Guide foresee investing in curating and hosting the itinerary for the travel Tour/Experience (“Itinerary”), they should confirm that their price per person margins (“Service Fee”) will return a profit. While setting the Service Fee is at the Guide’s discretion, LUQL has some suggested pricing available at. LUQL takes a ten percent (10%) Operational Fee and Credit Card/Transaction Fee from the Guide’s specified Tour/Experience on every successful transaction between the Tourist and Guide.
The Tourist may communicate with the Guide until both parties are satisfied with the Itinerary and the expectations for the Tour/Expectations are understood and accepted. Once the Guide and the Tourist have agreed on the Itinerary for the Tour/Experience, the Tourist should book the Tour/Experience for the available dates at the listed price. If there are changes discussed between the Guide and the Tourist that require LUQL’s assistance, the Guide is expected to contact LUQL’s support email (firstname.lastname@example.org).
Guides are also responsible for estimating the costs of all Experience expenses, for informing LUQL of the LUQL Bookings along with the applicable contact and booking information, and for booking all other Itinerary items. Guides are solely responsible for all the Guide-booked Itinerary items and is expected to have accounted for the expenses in the price per person listed in their specific tours. LUQL does not and are not responsible for any expenses incurred by the Guide and their tours/expenses. The Guides are fully responsible for managing, financing, and budgeting all the expenses to run their Tours/Expenses.
After a Tourist has booked the Tour/Experience, the Guide cannot request for additional costs for the Tourist to attend it. In the event that actual prices per person for bookings have increased since the listed price and believe that the Guide themselves cannot absorb the monetary change, Guides must contact the LUQL Support team immediately (email@example.com) to resolve a solution. There is an expectation for the Guide such that the listed price for the Tour/Experience they are offering is well-thought out and certain. In certain cases, we may contact the Tourist informing them of the price increase and requesting their permission to add the additional cost to the total fees charged to the Tourist. If no agreed solution is determined, a full refund will be initiated by LUQL to the Tourist.
Each Guide hereby appoints LUQL as the Guide’s limited agent solely for the purpose of collecting payments made by Tourists on behalf of the Guide. Each Guide agrees that payment made by a Tourist to LUQL shall be considered the same as a payment made directly to the Guide (after the ten percent Operational Fee and Credit Card/Transaction Fee has been applied) and the Guide will make the Tour/Experience available to Tourist in the agreed upon manner as if the Guide has received the payment. In accepting appointment as the limited authorized agent of the Guide, LUQL assumes no liability for any acts or omissions of the Guide.
LUQL requires all Tourist to acknowledge and accept a waiver before booking a Tour/Experience from any Guides. LUQL strongly encourages Guides to develop, print, and request their own waivers for their Tour/Experience to be signed individually by the Tourist prior to starting the specific Tour/Experience that they have booked.
Please note that LUQL does not currently charge fees for the creation of Profiles. However, you acknowledge and agree that LUQL reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Profiles. LUQL will provide notice of any such fees via the Services prior to implementing such fees.
Payment processing services on LUQL such as the transactions between a Guide and a Tourist are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Guide on LUQL, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of LUQL enabling payment processing services through Stripe, you agree to provide LUQL accurate and complete information about you and your business, and you authorize LUQL to share it and transaction information related to your use of the payment processing services provided by Stripe.
BOOKINGS AND FEES FOR TOURISTS:
Tourists that wish to request the assistance of a Guide via the Services should provide the necessary information to LUQL regarding the Tourist’s desired experiences, preferences and budget. LUQL will endeavor to match the Tourist with a Guide with a Tour/Experience in the Tourist’s desired areas, and will connect the Tourist with a Guide in the event LUQL finds a match. Tourist may also directly contact Guide with a request. The Guide should propose a Tour/Experience itinerary after which the Tour and the Guide should continue to communicate to finalize the itinerary. Once the itinerary is finalized, the Guide will either:
- confirm the Tourist’s reservation request for a guided experience or
- send the Tourist the final proposed booking and price quote for curating the Experience (“Itinerary”), which the Tourist may confirm or reject.
Please note LUQL does not now but reserves the right to charge a non-refundable service fee (“LUQL Service Fee”) on top of the price quote.
For certain Tours/Experiences, the Guide is responsible for booking hotels and other lodging and accommodations that may be booked online and all other bookings (“Guide Bookings”). As part of the Booking, Tourists may be required to enter into an agreement (including releases) with the Guide, and the Tourist agrees to accept any terms, conditions, rules and restrictions associated with the Itinerary imposed by the Guide. Tourist acknowledges and agrees that LUQL is not a party to any agreement between the Tourist and Guide, and that, with the exception of its payment obligations and obligations related to LUQL Bookings hereunder, LUQL disclaims all liability arising from or related to any such agreements. Tourist acknowledges and agrees that, notwithstanding the fact that LUQL is not a party to any agreements between Tourist and the Guide, LUQL acts as the Guide’s payment agent for the limited purpose of accepting payments from Tourist on behalf of the Guide. Upon Tourist’s payment of amounts to LUQL which are due to the Guide, Guide’s payment obligation to the Guide for such amounts is extinguished, and LUQL is responsible for remitting such amounts, less LUQL’s fees and commissions, to the Guide. In the event that LUQL does not remit any such amounts to a Guide, such Guide will have recourse only against LUQL. However, please note that we will not be responsible for delays in remitting payment, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations and LUQL cannot be held liable for these delays.
Please note that the actual amount charged by third parties for various items in the Itinerary may differ from the price quoted in the Booking, as prices may fluctuate before each booking is confirmed. If the actual prices are higher than the Total Fees, the Guide will contact you to request your permission prior to booking.
CANCELLATIONS AND REFUNDS:
1. GUIDES (User who plan and lead activities). These terms and conditions govern the LUQL Tourist Refund Policy (the “Tourist Refund Policy”) available to Tourist who book and pay for a Tour/Experience listed by the Guide through the LUQL platform (the “Site” and “Mobile Application”) and suffer a Travel Issue and the obligations of the Guide associated with the Tourist Refund Policy.
A “Travel Issue” means any one of the following:
- The Guide of the Tour/Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Tour/Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the Tourist with the reasonable ability to access the Tour/Experience (e.g., by allowing the Tourist access to the space in which the Tour/Experience will happen or begin if applicable).
- The description of the Tour/Experience in the listing on the Site is materially inaccurate with respect to (i) the duration of the Tour/Experience, (ii) the content of the Tour/Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Tour/Experience. c) During the Tourist’s Tour/Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Tour/Experience, in LUQL judgment.
THE TOURIST REFUND POLICY.
If you are a Tourist and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site and/or Mobile Application, as determined by LUQL in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Tour/Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Tour/Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Tour/Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of LUQL with respect to the Tourist Refund Policy, including without limitation the size of any refund, shall be final and binding on the Tourists and Guides.
CONDITIONS TO CLAIM A TRAVEL ISSUE.
Only a Tourist may submit a claim for a Travel Issue. If you are a Tourist, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
- You must report the Travel Issue to LUQL in writing (firstname.lastname@example.org) or via telephone and provide us with information (including evidence) about the Tour/Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
- You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
- You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so).
MINIMUM QUALITY STANDARDS, GUIDE RESPONSIBILITIES AND REIMBURSEMENT TO TOURIST.
If you are a Guide, you are responsible for ensuring that the Tours/Experiences you list on the Site and Mobile Application meet minimum quality standards regarding adequacy of the description on the Site, Mobile Application, safety, health, and do not present a Tourist with Travel Issues. Throughout the Tour/Experience, Guides should be available in order to try, in good faith, to resolve Tourist issues.
If you are a Guide, and if (i) LUQL determines that a Tourist has suffered a Travel Issue related to a Tour/Experience listed by you and (ii) LUQL either reimburses that Tourist any amount up to the amount paid by the Tourist through the Site and/or Mobile Application for the Tour/Experience or provides an alternative Tour/Experience to the Tourist, you agree to reimburse LUQL up to the amount paid by LUQL within 30 days of LUQL’s request. All determinations of LUQL with respect to the Tourist Refund Policy, including without limitation the size of any refund to the Tourist, shall be final and binding on the Tourists and Guides. You also agree that in order for you to reimburse LUQL up to the amount paid by LUQL, LUQL may off-set or reduce any amounts owed by LUQL to you by this amount. If the Tourist is rescheduled to an alternative Tour/Experience, you may lose part or all of the Tour/Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Tourist to the alternative Experience.
The rights of the Tourists under the Tourist Refund Policy supersede the cancellation policy that otherwise applies to a particular Tour/Experience. If you dispute the Travel Issue you may notify us in writing (email@example.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Tourist prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of LUQL with respect to the Travel Issue shall be final and binding on the Tourists and Guides regardless of your submission of a dispute against such Travel Issue. In the event of one or more
Travel Issues, LUQL, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.
(a) No Assignment/No Insurance. This Tourist Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Tourist, and the Tourist has not paid any premium in respect of the Tourist Refund Policy. The benefits provided under this Tourist Refund Policy are not assignable or transferable by you. (b) Modification or Termination. LUQL reserves the right to modify or terminate this Tourist Refund Policy, at any time, in its sole discretion, and without prior notice. (c) If LUQL modifies this Tourist Refund Policy, we will post the modification on the Site or provide you with notice of the modification and LUQL will continue to process all claims for Travel Issues made prior to the effective date of the modification. (d) Entire Agreement and Definitions. This Tourist Refund Policy constitutes the entire and exclusive understanding and agreement between LUQL and you regarding the Tourist Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between LUQL and you regarding the Tourist Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the LUQL Terms of Service. Controlling Law. This Tourist Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America and Canada, without regard to its conflict-of-law provisions. (e) Limitation of Liability. IN NO EVENT WILL LUQL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LUQL POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY LUQL FROM THE TOURIST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A TOUR/EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A GUIDE OR TOURIST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
LUQL will endeavor to refund Tourist the fees paid for any Itinerary items that have not yet been booked, minus the Service Fee. Fees for Itinerary items that have already been booked are non-refundable.
If the Guide does not make the itinerary items (which are non-refundable) that have already been booked clear to LUQL, LUQL will refund all (100%) the amount of the tour listing price that the Tourist have paid to the Tourist when they request a cancellation (time limitations apply).
Whenever possible LUQL will connect Tourist to an alternate Guide who can fulfill request. If not, LUQL will refund the Total Fees for such booking to the applicable Tourist within a commercially reasonable time of the cancellation.
CANCELLATION DUE TO OUTSIDE FACTORS.
Certain Tours/Experiences may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Guide has the discretion as to whether Outside Factors will prevent the Tour/Experience from taking place. As a Guide, if you need to cancel a Tour/Experience due to Outside Factors, you must contact the Tourist and LUQL (at firstname.lastname@example.org) as early as possible. Subject to the Tourist’s consent, the Guide and the Tourist may choose to reschedule the Tour/Experience for another date. If the Tour/Experience cannot be rescheduled, the Tourist and the Guide should contact LUQL so we may assist in finding a replacement Tour/Experience. For clarity, in the event the alternative Tour/Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Tour/Experience is of a lower price, you may be entitled to a partial refund for the difference. As a Tourist, if you have contacted LUQL as provided above and LUQL is unable to find you a replacement Tour/Experience, LUQL may refund the Total Fees for such booking to the applicable Tourist within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. LUQL cannot and does not offer tax-related advice to any users of the Services. Additionally, please note that each Guide is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes within Itineraries.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by LUQL. LUQL reserves the right to investigate, change, and take appropriate legal action against anyone who, in LUQL’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of LUQL, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose LUQL or its users to any harm or liability of any type;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
- Offer, as a Guide, any Tours/Experiences that you do not yourself have permission to provide (without limiting the foregoing, you will not list Tours/Experiences as a Guide if you are serving in the capacity of an agent for a third party);
- Offer, as a Guide, any Tour/Experience that may not be provided pursuant to the terms and conditions of an agreement with a third party;
- Contact a Guide for any purpose other than asking a question related to a booking, such Guide’s Experiences or Profiles;
- Contact a Tourist for any purpose other than asking a question related to a booking or such Tourist’s use of the Services;
- When acting as a Tourist or otherwise, recruit or otherwise solicit any Guide or other user of the Services to join third party services or websites that are competitive to LUQL, without LUQL’s prior written approval;
- Use the Services to find a Guide or Tourist and then complete a booking of a Tour/Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to LUQL’s provision of the Services; or
- As a Guide, submit any Profile or Itinerary with a false or misleading price information.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS:
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
APPLE-ENABLED SOFTWARE APPLICATIONS:
LUQL offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- LUQL and you acknowledge that these Terms of Service are concluded between LUQL and you only, and not with Apple, and that as between LUQL and Apple, LUQL, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be LUQL’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- LUQL and you acknowledge that LUQL, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between LUQL and Apple, LUQL, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to LUQL as follows: email@example.com or (905) 920-6689.
LUQL and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
SERVICE CONTENT, SOFTWARE AND TRADEMARKS:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by LUQL, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of LUQL, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by LUQL.
The LUQL name and logos are trademarks and service marks of LUQL (collectively the “LUQL Trademarks”). Other LUQL, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LUQL. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LUQL Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of LUQL Trademarks will inure to our exclusive benefit.
THIRD PARTY MATERIAL:
Under no circumstances will LUQL be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that LUQL does not have a duty to pre-screen content, but that LUQL and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, LUQL and its designees will have the right to remove any content that violates these Terms of Service or is deemed by LUQL, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
USER CONTENT TRANSMITTED THROUGH THE SERVICE:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant LUQL and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to LUQL are non-confidential and LUQL will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that LUQL may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LUQL, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THIRD PARTY WEBSITES:
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. LUQL has no control over such sites and resources and LUQL is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that LUQL will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that LUQL is not liable for any loss or claim that you may have against any such third party.
SOCIAL NETWORKING SERVICES:
In addition, LUQL is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, LUQL is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. LUQL enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
INDEMNITY AND RELEASE:
You agree to release, indemnify and hold LUQL and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUQL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LUQL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUQL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LUQL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL LUQL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LUQL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At LUQL’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California or Toronto, Ontario, Canada before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that LUQL, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if LUQL believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. LUQL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that LUQL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LUQL will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and LUQL will have no liability or responsibility with respect thereto. LUQL reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and LUQL and govern your use of the Service, superseding any prior agreements between you and LUQL with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and LUQL agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of LUQL to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of LUQL, but LUQL may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
NOTICE FOR CALIFORNIA USERS:
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at LUQL, Inc.: (905) 920-6689.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.