Last Updated: June, 6th 2013
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH GUIDES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR EXPERIENCES (DEFINED BELOW) AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH EXPERIENCES. YOU UNDERSTAND AND AGREE THAT LOOKALS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUIDES AND TRAVELERS, NOR IS LOOKALS AN AGENT OR INSURER. LOOKALS HAS NO CONTROL OVER THE CONDUCT OF GUIDES, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Lookals Content” means all Content that Lookals makes available through the Services, including any Content licensed from a third party, but excluding Member Content. “Collective Content” means Member Content and Lookals Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Guide” means a Member who creates a Listing via the Services. “Listing” means an Experience that is listed by a Guide as available for rental via the Services. “Member” means a person who completes Lookals’s account registration process, including, but not limited to Guides and Travelers, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “Traveler” means a Member who requests a booking of an Experience via the Services, or a Member who participates in an Experience and is not the Guide for such Experience.
Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of theServices, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Lookals reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of an Experience. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Services can be used to facilitate the listing and booking of tours and activities (“Experiences”). Such Experiences are included in Listings on the Services by Guides. You may view Listings as an unregistered visitor to the Services; however, if you wish to book an Experience or create a Listing, you must first register to create a Lookals Account (defined below).
As stated above, Lookals makes available a platform or marketplace with related technology for Travelers and Guides to meet online and arrange for bookings of Experiences. Lookals is not an operator of tours, activities or other Experiences, nor is it a provider of tours, activities or other Experiences and Lookals does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. Lookals’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Guide for the purpose of accepting payments from Travelers on behalf of the Guide.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EXPERIENCES. LOOKALS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. LOOKALS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EXPERIENCES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
In order to access certain features of the Services, and to book an Experience or create a Listing, you must register to create an account (“Lookals Account”) and become a Member. You may register to join the Services directly via the Site or Application or as otherwise described in this section.
You may also be able to register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your Lookals Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Lookals through the Services; or (ii) allowing Lookals to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Lookals and/or grant Lookals access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Lookals to pay any fees or making Lookals subject to any usage limitations imposed by such third party service providers. By granting Lookals access to any Third Party Accounts, you understand that Lookals may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Services via your Lookals Account and Lookals Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Lookals Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Lookals’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Lookals Account and your Third Party Accounts, at any time, by accessing the “Profile” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Lookals makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Lookals is not responsible for any SNS Content.
We will create your Lookals Account and your Lookals Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Lookals Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Lookals reserves the right to suspend or terminate your Lookals Account and your access to theServices if you create more than one (1) Lookals Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Lookals Account, whether or not you have authorized such activities or actions. You will immediately notify Lookals of any unauthorized use of your Lookals Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Experience to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Experience and pricing and related rules and financial terms. Listings will be made publicly available via the Services. Other Members will be able to book your Experience via the Services based upon the information provided in your Listing. You understand and agree that once a Traveler requests a booking of your Experience, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, an Experience in a Listing you post (i) 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) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Experience included in a Listing you post, 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 Lookals assumes no responsibility for a Guide’s compliance with any applicable laws, rules and regulations. Lookals reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Lookals, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that Lookals does not act as an insurer or as a contracting agent for you as a Guide. If a Traveler requests a booking of your Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and Lookals is not a party thereto. Notwithstanding the foregoing, Lookals serves as the limited authorized agent of the Guide for the purpose of accepting payments from Travelers on behalf of the Guide and is responsible for transmitting such payments to the Guide, subject to these Terms. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Experience. Any Member wishing to book Experiences included in Listings with such requirements must meet these requirements.
If you are a Guide, Lookals may make certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Experience. You acknowledge and agree that, as a Guide, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Experience, if applicable.) Lookals recommends that Guides obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your 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 Travelers (and the individuals the Traveler invites to the Experience, if applicable) while participating in your Experience.
Lookals does not endorse any Members or any Experiences. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’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 Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Lookals with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Guide against Lookals regarding the remittance of payments received from a Traveler by Lookals on behalf of a Guide, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
Bookings and Financial Terms for Guides
Except in the case of a Pre-Approved Event (as defined below), if you are a Guide and a booking is requested for your 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 Lookals 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 an Experience within the specified timeframe, any amounts collected by Lookals for the requested booking will be refunded to the applicable Traveler’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 Traveler’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 Traveler who has requested the booking and a link to the Traveler’s Lookals Account profile page.
The fees displayed in each Listing are comprised of the Experience Fees (defined below) and the Traveler Fees (defined below). Where applicable, Taxes may be charged in addition to the Experience Fees and Traveler Fees. The Experience Fees, the Traveler Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Traveler solely relating to a Guide’s Experience are the “Experience Fees”. Please note that it is the Guide and not Lookals which determines the Experience Fees. Lookals charges a fee to Travelers of three percent (3%) of applicable Experience Fees which are the “Traveler Fees”. The Traveler Fees are added to the Experience Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Lookals 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 Experience Fees (less Lookals’s Guide Fees (defined below)) to the Guide within 24 hours of when the Traveler arrives at the applicable Experience (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, currency, location, etc.
Appointment of Lookals as Payment Agent for Guide
Each Guide hereby appoints Lookals as the Guide’s limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Guide. Each Guide agrees that payment made by a Traveler to Lookals shall be considered the same as a payment made directly to the Guide and the Guide will make the Experience available to Traveler in the agreed upon manner as if the Guide has received the Experience Fees. Each Guide agrees that, Lookals may (i) permit the Traveler to cancel the booking and (ii) refund to the Traveler that portion of the Experience Fees. In accepting appointment as the limited authorized agent of the Guide, Lookals assumes no liability for any acts or omissions of the Guide. Please note that Lookals does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Lookals reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings in accordance with the Modification Section of these Terms. Please note that Lookals will provide notice of any Listing fee collection via the Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Travelers
The Guides, not Lookals, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Services. If you, as a Traveler, choose to enter into a transaction with a Guide for the booking of an Experience, you agree and understand that you will be required to enter into an agreement (including releases) with the Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Guide. You acknowledge and agree that you, and not Lookals, will be responsible for performing the obligations of any such agreements, that Lookals is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Lookals disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Lookals is not a party to any agreements between you and the Guide, Lookals acts as the Guide’s payment agent for the limited purpose of accepting payments from you on behalf of the Guide. Upon your payment of amounts to Lookals which are due to the Guide, your payment obligation to the Guide for such amounts is extinguished, and Lookals is responsible for remitting such amounts, less Lookals’s Guide Fees, to the Guide. In the event that Lookals does not remit any such amounts to a Guide, such Guide will have recourse only against Lookals.
Listings for Experiences will specify the Total Fees. As noted above, except in the case of Pre-Approved Event, the Guide is 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 Lookals in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Guide), any amounts collected by Lookals will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler’s credit card will be released, if applicable.
You agree to pay Lookals for the Total Fees for any booking requested in connection with your Lookals Account if such requested bookings are confirmed by the applicable Guide. In order to establish a booking pending the applicable Guide’s confirmation of your requested booking, you understand and agree that Lookals, on behalf of the Guide, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once Lookals receives confirmation of your booking from the applicable Guide, Lookals will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Lookals cannot control any fees that may be charged to a Traveler by his or her bank related to Lookals’s collection of the Total Fees, and Lookals disclaims all liability in this regard.
Guides may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will note if a Security Deposit is required for the applicable Experience, the amount of any such Security Deposit and whether such Security Deposit is non-refundable. If a Security Deposit is included in a Listing for a confirmed booking of Experience, Lookals will, in its capacity as the payment agent of the Guide, use its commercially reasonable efforts to obtain a pre-authorization of the Traveler’s credit card in the amount the Guide determines for the Security Deposit within a reasonable time prior to the Traveler’s check-in at the applicable Guide’s Experience. Lookals will also use its commercially reasonable efforts to address Guides’ requests and claims related to Security Deposits, but Lookals is not responsible for administering or accepting any claims by Guides related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, Lookals collects service fees from Guides and Travelers (“Service Fees”). Service Fees are made up of two (2) components: (i) Traveler Fees (determined as provided above) and (ii) a fee that is charged to the Guide based upon a percentage of the amount of the Experience Fees (“Guide Fees”). Where applicable, Taxes may also be charged in addition to the Guide Fees. Guide Fees are deducted from the Experience Fees before remitting the Experience Fees to the Guide, within 24 hours of when the Traveler arrives at the applicable Experience (however, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, currency, location, etc.). Traveler Fees are, as noted above, included in the Total Fees. Balances will be remitted by Lookals to Guides via check, direct deposit or other payment methods described on the Site or via the Application, in the Guide’s currency of choice, depending upon the selections the Guide makes via the Services. Please note that for any payments by Lookals in currencies other than U.S. dollars, Lookals may deduct foreign currency processing costs from such payments. More information on Service Fees can be found at www.Lookals.com/faq#fees_charge. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Traveler Cancellations and Refunds – soon implemented
If, as a Traveler, you cancel your requested booking before the requested booking is confirmed by a Guide, Lookals will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
You agree to pay Lookals for the Total Fees for any booking requested in connection with your Lookals Account if such requested bookings are confirmed by the applicable Guide. Once your booking is confirmed by the applicable Guide, your Experience is non-refundable, except as provided below. If, as a Traveler, you wish to cancel a confirmed booking made via the Services, the cancellation policy as provided below will apply to such cancellation. For each such policy, you will remain liable for the non-refundable Traveler Fee and any non-refundable Security Deposit. By default, the Standard Cancellation Policy (described below) will apply to such cancellation. However, some unique Experiences require a higher level of protection due to the nature of the Experience and the expenses involved. The Strict Cancellation Policy (described below) will apply to such cancellation if the Guide has noted in the relevant Listing that such policy applies. As a Guide, you may only apply the Strict Cancellation Policy to a Listing if you obtain prior permission from Lookals, by contacting us at [email protected]kals.com. Further details regarding refunds and cancellation policies are available via the Site and Application.
Standard Cancellation Policy – soon implemented
48 hours before scheduled start of Experience: If, as a Traveler, you notify the Guide of the cancellation more than 48 hours before the Experience begins, you will receive a 100% refund, minus taxes and fees. Less than 48 hours before scheduled start of Experience: If, as a Traveler, you notify the Guide of the cancellation less than 48 hours (but more than 24 hours) before the Experience begins, you will receive a 50% refund, minus taxes and fees. Less than 24 hours before scheduled start of Experience: If, as a Traveler, you notify the Guide of the cancellation less than 24 hours before the Experience begins, arrive more than 15 minutes late, or begin the Experience and decide to leave early, you will not receive a refund and the entire Experience cost is non-refundable.
Strict Cancellation Policy – soon implemented
30+ days before Experience: If, as a Traveler, you notify the Guide of the cancellation more than 30 days before the Experience, you will receive a 100% refund, minus taxes and fees. For clarity, such cancellations must be made 30 full days in advance (prior to 12:00 AM local time on the date the Experience is scheduled to begin).
Less than 30 days before Experience: If, as a Traveler, you notify the Guide of the cancellation less than 30 days before the Experience begins, arrive more than 15 minutes late, or begin the Experience and decide to leave early, you will not receive a refund and the entire Experience cost is non-refundable.
Unforeseen Circumstances – soon implemented
Regardless of whether the Standard Cancellation Policy or Strict Cancellation Policy applies to the cancellation of a particular Experience, Lookals retains sole discretion to make case-by-case cancellation decisions. If you are a Traveler, please contact us immediately at [email protected] if unforeseen circumstances should arise that prevent you from taking the Experience (for example, a death in the Traveler’s family or political unrest at the location of the Experience). If you are a Guide, you hereby acknowledge that Lookals retains sole discretion with respect to cancellation of Experiences.
Guide Cancellations and Refunds
If a Guide cancels a confirmed booking made via the Services, (i) Lookals will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler may receive an email or other communication from Lookals containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings and the Guide associated with such alternative Listing confirms the Traveler’s requested booking, then the Traveler agrees to pay Lookals the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. If a Guide cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Lookals, please contact Lookals at [email protected].
Cancellation in the Event of Inclement Weather
Certain Experiences may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Guide has the discretion as to whether the weather conditions will prevent the Experience from taking place. As a Guide, if you need to cancel an Experience for reasons of inclement weather, you must contact the Visitor and Lookals (at [email protected]) as early as possible. Subject to the Traveler’s consent, the Guide and the Traveler may choose to reschedule the Experience for another date.
If the Experience cannot be rescheduled, as a Traveler, please contact Lookals so we may assist in finding a replacement, non-weather-dependent Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference.
As a Traveler, if you have contacted Lookals as provided above and Lookals is unable to find you a replacement Experience, Lookals may refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
Some Guides may pledge to donate a portion of the funds they receive from confirmed bookings made via the Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Guide does in fact make the donation he or she pledged to make.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Lookals cannot and does not offer Tax-related advice to any Members 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 in Listings.
As part of the Services, Lookals may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Traveler) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Guide. The currency in which you will be charged may be determined by Lookals based on the payment method you select and the location of the Experience in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Guide to receive payment, Lookals will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Lookals has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Lookals would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Lookals would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Lookals makes payment to a Guide.
As a Traveler, you are responsible for leaving the all personal, real or other property associated with an Experience (including equipment, vehicles, spaces and other property) in the condition it was in when you arrived. You acknowledge and agree that, as a Traveler, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Experience. In the event that a Guide claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Lookals Account. Lookals also reserves the right to charge the credit card on file in your Lookals Account, or otherwise collect payment from you and pursue any avenues available to Lookals in this regard, including using Security Deposits, in situations in which you have been determined, in Lookals’s sole discretion, to have damaged any Experience, including, but not limited to, in relation to any payments made by Lookals to Guides. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Experience to the applicable Guide or to Lookals (if applicable).
Both Travelers and Guides agree to cooperate with and assist Lookals in good faith, and to provide Lookals with such information and take such actions as may be reasonably requested by Lookals, in connection with any complaints or claims made by Members relating to Experiences or any personal, real or other property associated with an Experience or with respect to any investigation undertaken by Lookals or a representative of Lookals regarding use or abuse of the Services. If you are a Traveler, upon Lookals’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Guide, at no cost to you, which process will be conducted by Lookals or a third party selected by Lookals, with respect to losses for which the Guide is requesting payment from you.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Experiences;
“stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Lookals Traveler or Guide;
offer, as a Guide, any Experiences that you do not yourself have permission to provide (without limiting the foregoing, you will not list Experiences as a Guide if you are serving in the capacity of an agent for a third party);
offer, as a Guide, any Experience that may not be provided pursuant to the terms and conditions of an agreement with a third party;
register for more than one Lookals Account or register for a Lookals Account on behalf of an individual other than yourself;
contact a Guide for any purpose other than asking a question related to a booking, such Guide’s Experiences or Listings;
contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Services;
when acting as a Traveler or otherwise, recruit or otherwise solicit any Guide or other Member to join third party services or websites that are competitive to Lookals, without Lookals’s prior written approval (for clarity and without diminishing any of Lookals’s rights to enforce these Terms, Lookals may cancel such offending Member’s Lookals Account, permanently block such Member from access to the Service, and take any legal action Lookals deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law);
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing);
use automated scripts to collect information or otherwise interact with the Services;
use the Services to find a Guide or Traveler and then complete a booking of an 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 Lookals’s provision of the Services;
as a Guide, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame any portion of the Services, or any individual element within the Services, Lookals’s name, any Lookals trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lookals’s express written consent;
access, tamper with, or use non-public areas of the Services, Lookals’s computer systems, or the technical delivery systems of Lookals’s providers;
attempt to probe, scan, or test the vulnerability of any Lookals system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Lookals or any of Lookals’s providers or any other third party (including another user) to protect the Services or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Lookals will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lookals may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Lookals has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Lookals reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Lookals, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Lookals and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
Lookals Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Lookals grants you a limited, non-exclusive, non-transferable license to (i) access and view any Lookals Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except 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 Lookals or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Lookals a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Lookals does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Lookals the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Lookals’s use of the Member Content (or any portion thereof) on, through or by means of the the Services 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.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Lookals is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lookals of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Lookals used herein are trademarks or registered trademarks of Lookals. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback will be the sole and exclusive property of Lookals and you hereby irrevocably assign to Lookals and agree to irrevocably assign to Lookals all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Lookals’s request and expense, you will execute documents and take such further acts as Lookals may reasonably request to assist Lookals to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination and Lookals Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your Lookals Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Lookals terminates these Terms, or your access to the Services or deactivates or cancels your Lookals Account you will remain liable for all amounts due hereunder. You may cancel your Lookals Account at any time by sending an email to [email protected]. Please note that if your Lookals Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LOOKALS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND GUIDES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOOKALS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOOKALS MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOOKALS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EXPERIENCES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOOKALS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GUIDES OR TRAVELERS. YOU UNDERSTAND THAT LOOKALS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY EXPERIENCES. LOOKALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND GUIDES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LOOKALS OR TAKE PLACE DURING AN EXPERIENCE. NOTWITHSTANDING LOOKALS’S APPOINTMENT AS THE LIMITED AGENT OF THE GUIDES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE GUIDES, LOOKALS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
Limitation of Liability
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 SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EXPERIENCES VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LOOKALS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOOKALS 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.
IN NO EVENT WILL LOOKALS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY LOOKALS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOOKALS AND YOU. 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.
Indemnification and Release
You agree to release, defend, indemnify, and hold Lookals and its affiliates and subsidiaries, and 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Experience, (iii) creation of a Listing or (iv) the use, condition or quality of an Experience, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Experience.
If you participate in an Experience with or guide anyone who you feel 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 Lookals by contacting us with your police station and report number at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Lookals and you regarding the Services and Collective Content, and any bookings or Listings of Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lookals and you regarding bookings or listings of Experiences, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lookals’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Lookals may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lookals (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Lookals to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lookals. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any Application, please contact Lookals at [email protected].