TERMS OF SERVICE
UPDATED: 17th OCTOBER 2018
UPDATED: 17th OCTOBER 2018
BY ACCESSING OR USING THE LIVMO PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and LIVMO (as defined below) governing your access to and use of the LIVMO website and platforms, including any subdomains thereof, and any other websites through which LIVMO makes the LIVMO Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “LIVMO Services”). The Site, Application and LIVMO Services together are hereinafter collectively referred to as the “LIVMO Platform”.
Any and all payment processing services through or in connection with your use of the LIVMO Platform (“Payment Services”) are provided to you by one or more LIVMO Payments entities (individually and collectively, as appropriate, “LIVMO Payments”) as set out in the Payments Terms of Service (“Payments Terms”).
Organizers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Experience Listings. (e.g In some cities, Organizers may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to organize tours or to create travel packages). Organizer are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Listings they offer.
Certain types of Listings are prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) on LIVMO, you should always seek legal guidance.
1.1 LIVMO is an online global experience marketplace platform, that connects Vendors who exciting and unique experiences (“Organizers”) with Buyers seeking to receive services related to such destinations and activities (“Members”). . The services (“Listings”) are published on the LIVMO Platform to communicate and transact directly with Members that are seeking to book such Listings. Listings include the offering of single or multi-day activities and access to unique events, activities, gatherings, meetings and encouters (“Experiences”).
1.1.1 LIVMO makes available the platform for Members and Organizers to discover and arrange such Experiences. Unless on promotional basis, LIVMO is not an operator of tours, activities and/or Experiences, nor is it a provider of tours or activities, and LIVMO does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. LIVMO’s responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Organizer for the purpose of accepting payments from Members on behalf of the Organizer.
1.2 As the provider of the LIVMO Platform, LIVMO does not own, create, provide, control, manage, deliver, or supply any Experience Listings. Organizers alone are responsible for their Listings. When Members make or accept a booking, they are entering into a contract directly with the Organizer. LIVMO is not and does not become a party to or other participant in any contractual relationship between Members and Organizers. LIVMO is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, LIVMO has no control over and does not guarantee: (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member / Organizer Content, or (iii) the performance or conduct of any Member or third party. LIVMO does not endorse any Member, Organizer or Listings. Any references to a Member or Organizer being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by LIVMO about any Member or Organizer, including of the Member’s identity or background or whether the Member or Organizer is trustworthy, safe or suitable. You should always exercise due diligence and care when participating in an Experience or other Listings, accept a booking request from a Member, or communicate and interact with other Members, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by LIVMO of any Organizer or Listing.
1.4 If you choose to use the LIVMO Platform as a Organizer, your relationship with LIVMO is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LIVMO for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of LIVMO.
1.5 To promote the LIVMO Platform and to increase the exposure of Listings to potential Guests, Listings and Members, Content may be displayed on other websites, social media platforms, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. LIVMO cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The LIVMO Platform may contain translations powered by Google or other Third-Party Services. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The LIVMO Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. LIVMO is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by LIVMO of such Third-Party Services.
1.7 Due to the nature of the Internet, LIVMO cannot guarantee the continuous and uninterrupted availability and accessibility of any LIVMO Platform. LIVMO may choose to restrict the availability of the LIVMO Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the LIVMO Platform. LIVMO will improve, enhance and modify the LIVMO Platform and introduce new LIVMO Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the LIVMO Platform or register an LIVMO Account. By accessing or using the LIVMO Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 LIVMO may make the access to and use of the LIVMO Platform, or certain areas or features of the LIVMO Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or various eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history. The access to or use of certain areas and features of the LIVMO Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the LIVMO Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to: (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against KYC, third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction.
2.4 If you access or download the LIVMO Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the LIVMO Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
LIVMO reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will indicate the date of updates on the LIVMO Platform “Terms of Services” page. In the instance of major changes, we will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the LIVMO Platform will constitute acceptance of the revised Terms.
4.1 You must register an account (“LIVMO Account”) to access and use certain features of the LIVMO Platform, such as publishing or booking an Experience Listing. If you are registering a LIVMO Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a LIVMO Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS (Social Networking Service) Account”). You have the ability to disable the connection between your LIVMO Account and your SNS Account at any time, by accessing the “User Dashboard” section of the LIVMO Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your LIVMO Account and public LIVMO Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) LIVMO Account unless LIVMO authorizes you to do so. You may not assign or otherwise transfer your LIVMO Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your LIVMO Account credentials and may not disclose your credentials to any third party. You must immediately notify LIVMO if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LIVMO Account. You are liable for any and all activities conducted through your LIVMO Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 LIVMO may, at its sole discretion, enable Members to (i) create, upload, post, send and receive, such as text, photos, audio, video, or other materials and information on or through the LIVMO Platform (“Member Content”); and (ii) access and view Member Content and any content that LIVMO itself makes available on or through the LIVMO Platform, including proprietary LIVMO content and any content licensed or authorized for use by or through LIVMO from a third party (“LIVMO Content” and together with Member Content, “Collective Content”).
5.2 The LIVMO Platform, Listing Content, and Member Content may in its entirety or in part be protected by copyright and trademark. You acknowledge and agree that the LIVMO Platform and LIVMO Content, including all associated intellectual property rights, are the exclusive property of LIVMO and/or its members, licensors and authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LIVMO Platform, LIVMO Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LIVMO used on or in connection with the LIVMO Platform and LIVMO Content are trademarks or registered trademarks of LIVMO. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LIVMO Platform, LIVMO Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LIVMO Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LIVMO or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, LIVMO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the LIVMO Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the LIVMO Platform, you grant to LIVMO a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the LIVMO Platform, in any media or platform. Unless you provide specific consent, LIVMO does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are responsible for ensuring that your Experience Listing is accurately represented in the Images and you will stop using the Images on or through the LIVMO Platform if they no longer accurately represent your Listing, if you stop providing the Listing, or if your LIVMO Account is terminated or suspended for any reason. You acknowledge and agree that LIVMO shall have the right to use all Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where LIVMO is not the exclusive owner of the Images, by using Images on or through the LIVMO Platform, you grant to LIVMO an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you.
5.7 You are solely responsible for all Member Content that you make available on or through the LIVMO Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the LIVMO Platform or you have all rights, licenses, consents and releases that are necessary to grant to LIVMO the rights in and to 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 LIVMO’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates LIVMO’s Content Policy or any other LIVMO policy. LIVMO may, without prior notice, remove or disable access to any Member Content that LIVMO finds to be in violation of these Terms or LIVMO’s current Policies or Standards, or otherwise may be harmful or objectionable to LIVMO, its Members, third parties, or property.
5.9 LIVMO respects copyright law and expects its Members to do the same. If you believe that any content on the LIVMO Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
5.9.10 LIVMO may includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
5.9.11 By using the Mobile Services, you agree that we may communicate with you regarding LIVMO and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your LIVMO account information to ensure that your messages are not sent to the person that acquires your old number.
6.1 LIVMO may charge fees to Organizers (“Organizer Fees”) and/or Members (“Member Fees”) (collectively, “Service Fees”) in consideration for the use of the LIVMO Platform. LIVMO only charges a service fee when a sale is successful. Please note that it is the Organizer and not LIVMO which determines the Experience Fees.
6.1.1 LIVMO levies a 10% sales commission to an Organizer only for each successful sale.
6.1.2 Members pay a 10% service fee (inclusive of payment processing fees), for each experience listing unit purchased.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Member prior to booking a Listing. LIVMO reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to LIVMO. The applicable Service Fees are due and payable and collected by LIVMO Payments pursuant to the Payments Terms. Except as otherwise provided on the LIVMO Platform, Service Fees are non-refundable.
6.4 Since LIVMO reserves the right to charge back from Organizers the Reservation Amount they received for organizing certain experience if upon the receipt of a complaint by a Member with respect to such Experience, it believes, at its sole discretion, that such Experience was not compatible with LIVMO’s standards of service or in case of any misconduct of the Organizer. If the Experience did not satisfy the expectations of the Member, the Member will have 24 hours after the Experience to submit a claim for a potential refund. Please note that LIVMO will not be responsible for delays in remitting payment fees, which can vary based on the bank, currency, location, etc.
6.4.1 If the claim is submitted after the 48-hour period, then it will be invalid for any restitution from LIVMO since the payment for the experience has already been processed. The Member will need to contact the Organizer of the Experience directly in order to receive a refund after the 48-hour period.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the LIVMO Platform you must (i) provide complete and accurate information about your Listing (such as the description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by LIVMO. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and experience of your Listings. LIVMO reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the LIVMO Platform may vary and depend on a variety of factors, such as User search parameters, Machine Learning and user preferences, Organizer requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Listing, and/or ease of booking.
7.1.6 LIVMO requires that Organizers obtain appropriate insurance for their Listings. Please review any respective insurance policy carefully, and in particular 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 Members while participating in your Experience, Event or Activity.
7.1.7 You acknowledge and agree that you are responsible for your Online Store / Profile and 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 Member (and the individuals the Member invites to the Experience, if applicable). You understand and agree that LIVMO does not act as an insurer or as a contracting agent for you as a Organizer.
7.2 Listing Experiences, Events and other Listings
7.2.1 To list an Experience, you must create an Experience Listing and submit the Experience Listing to LIVMO. To be considered for publishing on the LIVMO Platform, Experiences Listings must at all times meet our quality standards for all Experiences. LIVMO reserves the right to decide, in its sole discretion, if a submitted Experience Listing will be published and/or removed from the LIVMO Platform.
7.2.2 When listing an Experience you must, where applicable, fully educate and inform Members about (i) any risks inherent to the Experience, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.).
7.2.3 If you wish to list an Experience on behalf of a Nonprofit or Charity, you must comply with the eligibility requirements for Listing a Non-Profit / Charity Experience. When listing a Non-Profit / Charity Experience you: (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing an Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with LIVMO and LIVMO is not a professional fundraiser or commercial participator. Nonprofits, and not LIVMO, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Experience Listing.
7.2.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Listing(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Listing(s).
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Organizer, you can book a Listing available on the LIVMO Platform by following the respective booking process. All applicable Fees will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your LIVMO Account.
8.1.2 Upon receipt of a booking confirmation from LIVMO, a legally binding agreement is formed between you and your Organizer, subject to any additional terms and conditions of the Organizer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. LIVMO Payments will collect the Total Fees at the time of the booking request or upon the Organizer’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Listing on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Organizer, and is made aware of and agrees to LIVMO’s Terms and Conditions, rules and restrictions set by the Organizer. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience if accompanied by an adult who is responsible for them.
8.1.4 When a sale is made, LIVMO may share with the Organizer, the profile of the Member who has requested the booking and a link to the Member’s LIVMO Account profile.
8.2 Booking Experiences, Events and Activity
8.2.1 You should carefully review the description of any Experience Listing you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Organizer has specified in their Listing. You are required to inform the Organizer of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Listing, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience. All fees are strictly non-refundable should you fail to meet these minimum requirements, after purchase.
8.2.2 Before and during an Experience you must at all times adhere to the Organizers’ instructions.
8.2.3 You may not bring any additional guests to an Experience unless such a guest was added and paid by you as an additional guest during the booking process on the LIVMO Platform.
9.1 Organizers and Members are responsible for any modifications to a booking that they make via the LIVMO Platform or direct LIVMO customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Organizer Fees or Service Fees and/or Taxes associated with such Booking Modifications.
9.2 Members can cancel a confirmed booking at any time subject to the LIVMO’s cancellation policy (defined below),
9.2.1 LivMo will mediate when necessary, and has the final say in all disputes.
9.2.2 A experience booking is officially cancelled when the user clicks the cancellation button on the cancellation confirmation page.
9.2.3 If there is a complaint from either party, notice must be submitted to LivMo within 24 hours of the Experience.
9.2.4 If a user cancels less than 7 days in advance, payment will not be refunded.
9.2.5 If the user arrives and decides to leave early, payment will not be refunded.
9.2.6 LIVMO Payments will provide any refund to the Member in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Organizer under the applicable cancellation policy will be remitted to the Organizer by LIVMO Payments pursuant to the Payments Terms.
9.3 If a Organizer cancels a confirmed booking, the Membert will receive a full refund of the Total Fees for such booking and LIVMO may publish an automated review on the Listing cancelled by the Organizer indicating that an Experience was cancelled. In addition, LIVMO may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Organizer has a valid reason for cancelling the booking pursuant to LIVMO’s Extenuating Circumstances Policy or has legitimate concerns about the Member’s behavior.
9.4 For Experiences, if inclement weather creates an unsafe or uncomfortable scenario for Members, Organizers may modify or cancel a Listing. If there is a substantial change in the itinerary or the Listing needs to be cancelled due weather changes or to an act of God, no refunds will be provided.
9.5 In certain circumstances, LIVMO may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in LIVMO’s Extenuating Circumstances Policy or (i) where LIVMO believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to LIVMO, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 Members may use our Help Page to send or request money for refunds, additional Listings, Co-Listings or Damage Claims related to bookings. You agree to pay all amounts sent through the Help Page in connection with your LIVMO Account, and LIVMO Payments will handle all such payments pursuant to the Payments Terms.
9.7 If you are a Member and experience an Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by LIVMO in our discretion, depending on the nature of the Member’s Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative 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. All determinations of LIVMO with respect to the Refund Policy, including without limitation the size of any refund, shall be final and binding on the Members and Organizers.
10.1 Within a certain timeframe after completing a booking, Members and Organizers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of LIVMO. Ratings and Reviews are not verified by LIVMO for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Members and Organizers must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with LIVMO’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11.1 LIVMO may, in its sole discretion, round up or round down amounts that are payable from or to Members or Organizers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, LIVMO will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, LIVMO may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, LIVMO may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
12.2 The LIVMO Platform facilitates bookings between Members and Organizers who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the LIVMO Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
13.1 As a Organizer you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable sales taxes, tourist or other visitor taxes or income taxes (“Taxes”).
13.2 Governmental Tax regulations may require us to collect appropriate Tax information from Organizers, or to withhold Taxes from payouts to Organizers, or both. If a Organizer fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Members or Organizers on Listing Fees, and to be remitted to the respective Tax Authority.
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LIVMO Platform. In connection with your use of the LIVMO Platform, you will not and will not assist or enable others to:
14.2 You acknowledge that LIVMO has no obligation to monitor the access to or use of the LIVMO Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the LIVMO Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist LIVMO in good faith, and to provide LIVMO with such information and take such actions as may be reasonably requested by LIVMO with respect to any investigation undertaken by LIVMO or a representative of LIVMO regarding the use or abuse of the LIVMO Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to LIVMO by contacting us with your police station and report number (if available); 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.
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or LIVMO terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the User Dashboard or by sending us an email. If you cancel your LIVMO Account as a Organizer, any confirmed booking(s) will be automatically cancelled and your Members will receive a full refund. If you cancel your LIVMO Account as a Member, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, LIVMO may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 LIVMO may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) LIVMO believes in good faith that such action is reasonably necessary to protect the personal safety or property of LIVMO, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, LIVMO may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the LIVMO Account registration, Listing process or thereafter, (iv) you and/or your Listings at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or LIVMO otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) LIVMO believes in good faith that such action is reasonably necessary to protect the personal safety or property of LIVMO, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LIVMO and an opportunity to resolve the issue to LIVMO’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Members in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your LIVMO Account or any of your Member Content. If your access to or use of the LIVMO Platform has been limited or your LIVMO Account has been suspended or this Agreement has been terminated by us, you may not register a new LIVMO Account or access and use the LIVMO Platform through an LIVMO Account of another Member.
16.1 If you choose to use the LIVMO Platform or Collective Content, you do so voluntarily and at your sole risk. The LIVMO Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
16.2 You agree that you have had whatever opportunity you deem necessary to investigate the LIVMO Services, laws, rules, or regulations that may be applicable to your Listings and/or Listings you are receiving and that you are not relying upon any statement of law or fact made by LIVMO relating to a Listing.
16.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
16.4 You agree that some Experiences, Events, Activities and Encounters, may carry inherent risk, and by participating in those Experience, Events, Activities and Encounters, you choose to assume those risks voluntarily. For example, some Experiences may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Listings. You assume full responsibility for the choices you make before, during and after your participation in a Listing. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Listing and to the maximum extent permitted by law, you agree to release and hold harmless LIVMO from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Experience or in any way related to your Experience.
16.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 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 LIVMO Platform and Collective Content, your publishing or booking of any Listing via the LIVMO Platform, your participation in any Experience or any other interaction you have with other Members whether in person or online remains with you.
17.1.1 Neither LIVMO nor any other party involved in creating, producing, or delivering the LIVMO Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the LIVMO Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the LIVMO Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Listings, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LIVMO 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.
17.1.2 Except for our obligations to pay amounts to applicable Organizers pursuant to these Terms or an approved payment request under the LIVMO Organizer Guarantee, in no event will LIVMO’s aggregate liability arising out of or in connection with these Terms and your use of the LIVMO Platform including, but not limited to, from your publishing or booking of any Listings via the LIVMO Platform, or from the use of or inability to use the LIVMO Platform or Collective Content and in connection with any Experiences, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the LIVMO Platform as a Member in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Organizer, the amounts paid by LIVMO to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$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 LIVMO 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.
17.2 LIVMO is not liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. LIVMO is not liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of LIVMO in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of LIVMO is excluded.
18.1 You agree to release, defend, indemnify, and hold LIVMO 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the LIVMO Platform or any LIVMO Services, (iii) your interaction with any Member, participation in an Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use.
18.2 All users understand and agree that livmo is not a party to any agreements entered into between Organizers and Members, nor is LIVMO an agent or insurer. the platform is intended to be used to facilitate the connections between Organizers and Members. LIVMO cannot and does not control the content contained in any profiles and the condition, legality or suitability of any experiences. LIVMO has no control over the conduct of Organizers, Members and other users of the services or any Experiences, and disclaims all liability in this regard. accordingly, the planning or partaking of any experiences are at the provider’s and/or member’s own risk.
19.1 LIVMO is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with LIVMO’s customer service team.
19.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and LIVMO each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact LIVMO’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
19.4 Agreement to Arbitrate. You and LIVMO mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the LIVMO Platform, the Listings, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LIVMO agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and LIVMO each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.7 Jury Trial Waiver. You and LIVMO acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.8 No Class Actions or Representative Proceedings. You and LIVMO acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and LIVMO both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.9 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.10 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if LIVMO changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of LIVMO’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and LIVMO in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.11 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the LIVMO Platform or terminate your LIVMO Account.
20.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LIVMO Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the LIVMO Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LIVMO and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LIVMO and you in relation to the access to and use of the LIVMO Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and LIVMO as a result of this Agreement or your use of the LIVMO Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 LIVMO’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LIVMO’s prior written consent. LIVMO may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by LIVMO via email, LIVMO Platform notification, or messaging service (including SMS, Whatsapp, Telegram, Kik and WeChat).
21.8 Discounts Codes cannot be used in conjunction with reward points to purchase. Discount Codes cannot be applied to corporate/private events that are organized through LIVMO’s Experience Architects or with help from LIVMO’s Support Team. Promotions and discount codes are not applicable to bundle purchases and point purchases. If promotion states “applies to all offerings” or any other similar statement, the promotion is applicable to all regular bookings and purchases excluding those for bundles and points.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Suite 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIVMO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVMO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL LIVMO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LIVMO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
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