THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, THE GOVERNING JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
WE WOULD LIKE TO REMIND YOU THAT LOCAL EXPERIENCE GURUS (LEGS) SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING VISITORS FOR TOURING OR SERVICES. THESE LAWS ARE OFTEN PART OF LOCAL LEGISLATION OR REQUIREMENTS ON TRAVEL AND TOUR GUIDING FIELDS. IN MANY CITIES, LEGS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A GUIDED EXPERIENCE OR ACCEPTING VISITORS. CERTAIN TYPES OF EXPERIENCE MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. LEGS SHOULD REVIEW LOCAL LAWS AND SEEK INDEPENDENT LEGAL ADVICE BEFORE LISTING AN EXPERIENCE ON LOCAL-SAY.
Last Updated: 19 FEBUARY 2015
Terms of Service
If you are using the Site or Services, you are contracting with Quin Creatives Ltd., (England and Wales Company Registration Number: 08834339, registered office at Studio 4, The Trampery, 125-127 Mare Street, London, E8 3RH, United Kingdom).
Depending on your language setting and geographical location, Local-say can be known as Local-shuo (Chinese Users) or Local-say (Rest of the World). (Local-say and Local-shuo are hereinafter collectively referred as “ Local-say ”, “ we ”, “ us ”, or “ our ”).
Local-say provides an online platform that connects Local Experience Gurus (the “LEG”, defined below) who offer local experience to visitors seeking to purchase such experience (collectively, the “Services”), which Services are accessible at www.local-say.com or www.local-shuo.com (collectively, the “Site”).
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, or Services. Failure to use the in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LEGS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR EXPERIENCES (DEFINED BELOW) AND VISITORS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK EXPERIENCES DIRECTLY WITH THE LEGS. YOU UNDERSTAND AND AGREE THAT LOCAL-SAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LEGS AND VISITORS, NOR IS LOCAL-SAY A TRAVEL AGENT, AGENT OR INSURER. LOCAL-SAY HAS NO CONTROL OVER THE CONDUCT OF LEGS, VISITORS AND OTHER USERS OF THE SITE AND SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTICIPATING OF ANY EXPERIENCES ARE AT THE LEGS’ OR VISITORS’ OWN RISK.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Local-say Content” means all Content that Local-say makes available through the Site or Services, including any Content licensed from a third party but excluding User Content.
“User Content” means all Content that an User posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Experience” means any activities or services provided by the LEGs
“Listing” means an Experience which is listed by a LEG as available for purchasing via the Site and Services.
“LEG” is the short form of “Local Experience Guru”, means an User who creates a Listing via the Site and Service.
“Visitor” means a User who requests from a LEG a booking of an Experience via the Site or Service.
“Participant” means the participant of an Experience, including the LEG, Visitor and any related personnel should the Experience be intended for multiple persons.
“Tax” or “Taxes” means any value added taxes (VAT), sales taxes, goods and services taxes (GST), tourist or other visitor taxes, fees that LEGs may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“User” means a person who completes Local-say’s account registration process, including but not limited to LEGs and Visitors.
Certain areas of the Site (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 area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR 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 SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, 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.
Local-say reserves the right, at its sole discretion, to modify the Site or Services or to modify the Site, Service and these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. You agree that Local-say is not liable to you and any third party for any modification and discontinuance of the Service.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site and Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Do not use the Site and Services if your account is suspended or terminated by Local-say. Since there is no way Local-say can prevent certain User to access the Site after suspension and termination, you agree that if the Account is suspended or terminated, you are not eligible to visit the Site and use the Services.
Local-say does not endorse any Experience. You understand and agree that, although these terms require Users to provide correct and current information, Local-say do not attempt to confirm the validity of such information. You are responsible for determining the validity and suitability of other Users. Local-say is not responsible for any loss and damage resulting from your interactions with other Users. By using the Site and the Service, 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 Users or other third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Local-say with respect to such actions or omissions. Accordingly, you should communicate directly with other Users on the Site and Services regarding any booking or Listings made by you.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of Experiences. Such Experiences are included in Listings on the Site and Service by LEGs. You may view Listings as an unregistered visitor to the Site and Services. To book or post an Experience, you must first register to create a Local-say User account.
Local-say offers an online platform or marketplace for Visitors and LEGs to communicate online and arrange for bookings of Experiences directly with each other. Local-say is not an operator or a provider of tours, activities or Experiences. Therefore, Local-say’s responsibilities are limited to facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LEGS AND VISITORS CONNECTING AND BOOKING EXPERIENCES DIRECTLY WITH EACH OTHER. LOCAL-SAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. LOCAL-SAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EXPERIENCES. THERE IS NO WAY WHERE LOCAL-SAY CAN GUARENTEE THE VISITORS TO PAY THE BOOKING FEE IN FULL. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE LEG’S AND VISITOR’S OWN RISK.
In order to access certain features of the Site, and to book an Experience or create a Listing, you must register to create an account (“Local-say Account”) and become an User. You may register to join the Service via the Site.
Based on the personal information you provide to us, we will create the Local-say’s User profile. You may not have more than one Local-say 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. Local-say reserves the right to suspend or terminate your Local-say Account and your access to the Site and Services if you create more than one active account or provide inaccurate, not current or incomplete information.
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 Local-say Account, whether or not you have authorized such activities or actions. You will immediately notify Local-say of any unauthorized use of your Local-say Account.
Only Users may create listing on the Site. Listing must associate with a physical address of the Experience. User may only list Experience in their own city (which is set under User’s profile setting). After the Listing submission, the Listing will be accessible for the Site and Service users. Content of the Listing will become searchable through search engine in the Site, as well as other Search Engine (such as Google, Bing, Baidu, etc.) for the sole purpose of or the purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. However, the appearance of your Listing through Local-say’s search function is not guaranteed and the ranking based on a number of factors including its Content, location and Users rating.
As a LEG, by creating a Listing on the Site, you understand and agreed that i) the Listing complies with any relevant laws and legal requirements (such as tour guide requirement from local legislations, registration and tax requirements). You also agree that the Content provided in the Listing is current and accurate.
You agree that Local-say is neither an insurer, nor a contracting agent of the Experience. Any agreement is between the LEG and the Visitor and Local-say is not a party to it. You agree that once the price of the Experience is agreed with the Service, you may not ask the Visitor to pay a higher price afterwards.
User Content and Listings are required to be accurate by these Terms. Although we may carry out checks on the accuracy of the provided information, you understand and agree that Local-say cannot guarantee the correctness of the Listing and User Profile. To facilitate both LEG and Visitor deciding to accept a booking, Local-say would provide User’s information including the Profile and rating from previous Experience as reference. However, you understand and agree that you are solely responsible for the Booking decision.
As a LEG, you agree not to create Listing on Experience which i) violates any relevant local laws and regulations, or ii) may pose safety issues or unreasonable health hazard to its Participants, given the nature of the Experience.
Local-say reserves the right to remove any Listing which violates any of Local-say’s terms and policies, including Listing which considers to be objectionable for any reason, at Local-say’s discretion and without prior notice.
Currently Local-say does not charge for LEG to list Experience on the Site. You agree and understand that Local-say reserves the right to imply a listing fee, or any relevant fee or upgrades related to Listing in the future. Prior to the implementation of such fees, Local-say will provide a notice via the Site, the Services or emails.
Upon viewing a Listing, User may choose to enquire for more information or request for a booking of the Experience. Once requested, a ticket will be created but this does not mean that the booking is confirmed. Visitors should clarify directly with the LEG for any uncertainties (for example the availability, price, meeting venue, etc.) before going ahead for booking. You, as the Visitor, agree that by requesting a booking from the LEG, you are entering a legal binding offer to the LEG and once accepted, the booking is a legal binding contract between you, the Visitor, and the LEG.
An in-site communication service is available for the Visitor and the LEG via enquiry or requesting for a booking. User should not communicate outside of the provided Local-say communication service regarding the Experience and the booking. This is to ensure the communications are recorded in the Service and become information for Local-say to facilitate a dispute, should one occur between the Visitor and the LEG.
Visitor can change information regarding his/her booking (including Experience date and special request note), until the confirmation of the booking. You, as the Visitor and the LEG, agree that Local-say reserves the right to change booking information. Both the Visitor and LEG receive a notification (via email or/and Local-say’s messaging system) about a change in the booking. Details of the new booking is available on the Site.
LEG can decide to accept or reject a booking. By accepting the booking, you, as the LEG, are entering a legally binding contract with the requesting Visitor. Once the LEG confirms the booking, the Visitor will receive notification via email, or/and Local-say’s messaging system.
Please notes that currently Local-say does not charge for any booking fees and security deposit, from either the LEG or the Visitor. You agree that Local-say reserves the right to imply a Booking fee, or any relevant fee in the future. Currently Local-say does not charge for LEG to list Experience on the Site. You agree and understand that Local-say reserves the right to imply a listing fee, or any relevant fee or upgrades related to Listing in the future. Prior to the implementation of such fees, Local-say will provide a notice via the Site, the Services or emails.
Once the booking is confirmed, LEG and Visitor can communicate using the Site to further agree with the time and venue for the Experience. You accept that Local-say cannot guarantee the availability of the Experience so we strongly recommend both LEG and Visitor to communicate and secure the Experience time and venue, along with any other uncertainties, before requesting and accepting a booking.
After the booking confirmation, either the LEG or the Visitor can cancel the booking without requiring permission from the other party. Visitors or LEG should communicate to each other before requesting for a cancellation, to see if the booking can still go forward with some alterations of the booking. You agree that Local-say reserves the right to apply a penalty for any booking cancellation. Penalty could include i) receiving an automatic review stating the User’s cancellation history, ii) as a LEG, removal of all or some of the LEG’s Listings, or iii) suspension or termination of the User’s account. If a booking is cancelled, a notification will be sent to the other party, via email or/and Local-say’s messaging system.
In certain circumstances, Local-say may decide, in its sole discretion, that it is necessary to change or cancel a confirmed booking. You, as the LEG or the Visitor, agree that Local-say and the relevant LEG or Visitor will not have any liability for such alterations or cancellations.
Experience and Review
It is the LEG’s responsibility to make the Experience available to the Visitor and related personals, should the booking is intended for multiple persons. Visitor is responsible to attend the Experience at the agreed time and venue. You agree that Local-say neither guarantee the availability of the Experience from the LEG, nor the Visitor to attend the Experience on time. You agree that Local-say is not liable to any loss for Experience alteration or cancellation as a result of the Participants late arrival or not showing up for any reason.
Currently Local-say does not handle any transactions between the LEG and Visitor. As a result, the LEG should communicate and confirm with the Visitor before Experience commence over the payment method. You agree that Local-say cannot guarantee the payment of Visitor so LEG should take precautions against Visitor for not paying the agreed price (security deposit for instance). If you, as a LEG, failed to acquire the agreed payment from the Visitor, you agree that it is not Local-say’s liability to pay you the amount in question.
Safety conditions may vary given the nature of different type of Experience. Please be aware that it is the Participants’ solely responsible for their own safety. Experience may also vary due to both controllable reasons (such as increases in Experience durations) or uncontrollable reasons (such as weather or site maintenance works). Participants agree to communicate before and during the Experience should any alteration or cancellation of the Experience occurs. You, as the Participant, agree that Local-say cannot and do not control the quality or content of the Experience, including but not limited to actual duration, venue, or route changes, and hence not liable to any parties’ loss for alteration and cancellation of content of Experience.
Local legislative and licensing requirement varies depending on the nature of particular Experience and the jurisdictions. It is the LEG’s responsibility to understand and comply with all relevant legal and licensing requirements of their local government bodies or authorities. Most local governmental agencies, departments or authorities (Tax Authority) will require Taxes to be collected from Visitor by LEG, and be remitted to the respective Tax Authority. It is the LEG’s responsibility to understand and comply with the local Taxes requirements, and to report to the relevant local taxation authorities if required. If applicable, you, as the LEG, are responsible to collect the Taxes and maintain required documentations for Taxes reporting purpose.
Furthermore, LEG must communicate with the Visitor should any extra cost is expected to be paid from the Visitor (such as entrance fees, tickets, transportation cost, etc.). Local-say recommends LEG to list such costs in the Listing.
Once the Experience is finished, it is the LEG’s responsibility to mark the booking as finished via the Site. You, as the LEG, agree to mark the booking as finished on the Site within seven days from the Experience’s end.
After the booking is marked as finished, Local-say will make review function available for the LEG and the Visitor to review each other. Unless explicitly stated otherwise, review scoring and text would be accessible on the Site. You agree that Local-say reserves the right to remove any review if necessary.
You understand and agree that you are solely responsible for compliance with any and all laws, regulations, rules, and Tax obligations that may apply to your use of the Site, Service and Collective Content. You may not and agree not to:
- violate any local, provincial, national or other law or regulation, or any order of a court;
- use the Site, Services or Collective Content for any commercial or other purposes which are not explicitly permitted by these Terms;
- use any software or scripts, automated or manual, to access, process information from or interact with (including but not limited to practice of scraping, crawling, spidering and mining) the Site, Services and Collective Content;
- copy and store any information contained on the Site, Services or Collective Content for purposes not explicitly permitted by these Terms;
- infringe the rights of any person or entity, including but not limited to their intellectual property, privacy, publicity or contractual rights.
- sending unsolicited advertising, promotion materials, commercial emails, or sales to other Users
- interfere with or damage our Site and Services, including but not limited to using of viruses, Trojan horses programs, cancel bots, harmful codes, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, or similar technologies;
- use the Site or Services to transmit or distribute information about any other person, such as their images without explicit permission, personal contact information or financial information including, but not limited to, payment cards detail or account number;
- harass other Users, or collect any personal information about other Users other than communication uses regarding a Booking;
- register for more than one active Local-say account;
- register for an account on behalf of another individual;
- impersonate any person or entity, or falsify or misrepresent yourself with any person or entity;
- post, upload, submit or transfer any Content that i) violates, or encourages any actions which would violate, any relevant law or regulations or would otherwise give rise to civil liability, ii) infringe a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; iii) is fraudulent, false or misleading; iv) is defamatory, obscene, pornographic, harassing, abusive, vulgar or offensive; v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or entity; vi) is violent or threatening, or promotes violence or threatening to any other person; vii) promotes illegal or harmful activities or substance.
- use, display, mirror or frame the Site, Services, Collective Content, or any elements within the Site, Services or Collective Content, including Local-say’s name, logos, or any proprietary information, or the layout and design of any page or form in the Site or Service, without Local-say’s written consent;
- access or use non-public area of the Site, Services, Local-say’s computer system, network, or the technical delivery systems of Local-say’s providers;
- attempt to probe, scan or test the vulnerability of any Local-say system or network;
- breach any security or authentication measures;
- bypass, remove, deactivate, impair, descramble, or circumvent any Local-say’s or other third-party’s technological measure to protect the Site, Services or Collective Content;
- forge any content, including TCP/IP packet header or html header information in any email or newsgroup posting, or otherwise use the Site, Service or Collective Content to send altered, deceptive or incorrect source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or script used in the Site, Services or Collective Content;
- encourage any third party in doing any of the misconduct activities stated in this section;
- contact other Users to recruit or suggest them to join a third party services or websites that are competitive to Local-say;
- as LEG, submit Listing with false, incomplete or misleading price information, or a price which you do not intend to honour; or
- as Visitor, submit a booking request which you do not intend to attend, or paying the full amount requested by the LEG via the Listing and on site communication before the Experience commence.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Local-say 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 Site, Services, or Collective Content.
Local-say Content and User Content License
Subject to your compliance with the terms and conditions of these Terms, Local-say grants you a limited, non-exclusive, non-transferable license, to i) access and view any Local-say Content solely for your personal and non-commercial purposes; and ii) access and view any User 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 Site, 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 Local-say or its licensors, except for the licenses and rights expressly granted in these Terms.
Local-say may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site and Services, you hereby grant to Local-say 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 User Content on, through, by means of or to promote or market the Site and Services. Local-say does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and Services. Accordingly, you represent and warrant that: i) you either are the sole and exclusive owner of all User Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Local-say the rights in such User Content, as contemplated under these Terms; and ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Local-say’s use of the User Content (or any portion thereof) on, through or by means of the Site and 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 Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Local-say 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 Local-say 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.
Local-say encourages any feedback and suggestions for improvements to the Site, Services and these Terms (“Feedback”). Feedback can be send to us via feedback function in the Site, or by emailing us at [email protected] You understand and agree that all Feedback are exclusive property of Local-say and you irrevocably assign to Local-say all of your right, title, interest in and to all Feedback, including but not limited to worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights. At Local-say’s request, you will execute documents and take relevant actions to assist Local-say to acquire and maintain its intellectual property rights and other protections for the Feedbacks.
Cancellation and Termination of Local-say Account
Local-say reserve the right, in our discretion and without liability to you, with or without cause, with or without prior notice or explanation and at any time, decide to limit, suspend, deactivate or cancel your Account. If we execute our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: i) your Account will be deactivated or suspended, and you will not be able to access the Site, Services, your User Content, or require assistance from Local-say; ii) any unfinished booking will be cancelled; iii) we may contact your LEG or Visitor regarding the booking cancellation; iv) as a LEG, we may suggest other Experience to your Visitors with other LEGs; and v) you will not be entitled to any compensation for reservations, bookings or plans that are affected by the booking cancellations.
In case your Account is terminated, we do not have the obligations to delete or return any Content you have submitted or transmitted in the Site or Services, including but not limited to, your User Content, any reviews and Feedbacks.
You understand and agree that using the Site, Services or Collective Content is solely at your own risk. You also agree that Local-say does not have an obligation to conduct checks on any User, User Content and Feedbacks, but we reserve the right to conduct such checks. The Site, Services and Local-say Content are provided on an “as is” and “as available” basis. Local-say disclaims all warranties of any kind, whether it is express, implied or statutory, and including but not limited to any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Local-say makes no warranty that the Site, Services, Collective Content, Experience, Listings and bookings to meet your requirements or expectation, and be uninterrupted, timely, secure and error-free. Advices and information provided on the Site is also of a no warranty basis. Local-say makes no warranty that the Collective Content to be accurate, timely, truthfully, complete or reliable.
You are solely responsible to all communications and interactions between you and other Users, and between you and any person or entity whom you come into contact and interact with as the result of using the Site, Services and Collective Content. Local-say makes no warranty to the conducts and information of Users of the Site and Services. You agree to take every possible precaution in all communications and interactions, including but not limited to electronic communications, offline, and meeting in person, with other Users, and any person or entity whom you come into contact and interact with as the result of using the Site, Service, and Collective Content.
Limitation of Liability
You understand and agree that, to the maximum extent permitted by law, the entire risk resulted from your access and usage of the Site, Service, Collective Content, Listing, booking and Experience via the Site or Services, any contact and interaction with other parties, whether they are online, offline and in-person remains with you.
Local-say is not liable for any incidental, special, exemplary or consequential damages, including loss of revenue or profits, loss of data, loss of goodwill, service interruption, computer damages, system failure, cost of substitute products or services, or for any damages for emotional distress in connection with these terms, or from the usage, or disability to use the Site or the Services.
Please notes that nothing in these Terms shall exclude or limit our liability for i) death or personal injury caused by our negligence, or by our employees or agents; ii) wilful default or gross negligence; iii) fraud; or iv) any liability which cannot be excluded or limited by applicable law. However, you are obliged and agree to take reasonable steps to mitigate or avoid damages.
You agree to release, defend, indemnify, and hold Local-say, its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with i) your access and use of the Site, Services, Collective Content, or your violation of these Terms; ii) your User Content; iii) your communication or interaction with any User; iv) your booking; v) your Listing; and vi) the use or participation of Experience, including but not limited to any injuries, losses or damages (including compensatory, direct, incidental, consequential or otherwise) in connection with or as a result of a listing, booking, or participating the Experience.
By using the Site and Services, you represent and warrant that i) neither you nor your listed Experience is located in a country 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 parites. You also agree that you do not use the Site or Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Local-say reserves the right should any Listing is associated with certain countries under U.S. embargo restrictions.
You may not assign or transfer these Terms, by operation of law or otherwise, without Local-say’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be invalid and of no effect. Local-say may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefits 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 Local-say i) via email or ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
If you contact or meet anyone, including but not limited to Experience any Participants, who you feel is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to Local-say at [email protected] You agree that by providing such information will not obligate us to take any action beyond that required by law or cause us to incur any liability to you.
Controlling Law and Jurisdiction
You agree that English law (without giving effect to its conflict of law principles) will govern this Terms, the Site and the Services and that any dispute arising out of or connection with this Terms, Site or Services will be subject to the exclusive jurisdiction and venue of the English courts.
The failure of Local-say 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 Local-say. 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.
Should you have any enquiries about these Terms, please contact Local-say at [email protected]