DoWhatLocalsDo Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Updated June 22, 2015
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR TOURS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK TOURS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT DOWHATLOCALSDO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS DOWHATLOCALSDO A TOUR OPERATOR. DOWHATLOCALSDO HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“DoWhatLocalsDo Content” means all Content that DoWhatLocalsDo makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by DoWhatLocalsDo in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and DoWhatLocalsDo Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guest” means a Member who requests from a Host a booking of an Tour via the Site or Services, or a Member who takes a Tour and is not the Host for such Tours.
“Host” means a Member who creates a Listing via the Site and Services.
“Listing” means a Tour that is listed by a Host as available for service via the Site and Services.
“Member” means a person who completes DoWhatLocalDo’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
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.
DoWhatLocalsDo reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify 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 and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or 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.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of innovative travel experiences “tours”. Such Tours are included in Listings on the Site and Services by Hosts. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Tours or create a Listing, you must first register to create an DoWhatLocalsDo Account (defined below).
As stated above, DoWhatLocalsDo makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Tours directly with each other. DoWhatLocalsDo is not a owner or operator of Tours, nor is it a provider of tours and DoWhatLocalsDo does not own, sell, resell, manage and/or control tours, including, but not limited to Tours or transportation or travel services. Unless explicitly specified otherwise in the DoWhatLocalsDo platform, DoWhatLocalsDo’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING TOURS DIRECTLY WITH EACH OTHER. DOWHATLOCALSDO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. DOWHATLOCALSDO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site, and to book a Tours or create a Listing, you must register to create an account (“DoWhatLocalsDo Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your DoWhatLocalsDo Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to DoWhatLocalsDo through the Site or Services; or (ii) allowing DoWhatLocalsDo to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to DoWhatLocalsDo and/or grant DoWhatLocalsDo access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating DoWhatLocalsDo to pay any fees or making DoWhatLocalsDo subject to any usage limitations imposed by such third-party service providers. By granting DoWhatLocalsDo access to any Third-Party Accounts, you understand that DoWhatLocalsDo will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via your DoWhatLocalsDo Account and DoWhatLocalsDo Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your DoWhatLocalsDo Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or DoWhatLocalsDo’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your DoWhatLocalsDo Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. DoWhatLocalsDo makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and DoWhatLocalsDo is not responsible for any SNS Content.
We will create your DoWhatLocalsDo Account and your DoWhatLocalsDo Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active DoWhatLocalsDo 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. DoWhatLocalsDo reserves the right to suspend or terminate your DoWhatLocalsDo Account and your access to the Site and Services if you create more than one (1) DoWhatLocalsDo Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your DoWhatLocalsDo Account, whether or not you have authorized such activities or actions. You will immediately notify DoWhatLocalsDo of any unauthorized use of your DoWhatLocalsDo Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Tours to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Tour and pricing and related rules and financial terms. Other Members will be able to book your Tours via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Tour, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, Tours in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as other tour operators, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tours included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that DoWhatLocalsDo assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. DoWhatLocalsDo reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that DoWhatLocalsDo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or DoWhatLocalsDo’s then-current Policies and Community Guidelines, or otherwise harmful to the Site or Services.
If you are a Host, you understand and agree that DoWhatLocalsDo does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Tour and takes your Tour, any agreement you enter into with such Guest is between you and the Guest and DoWhatLocalsDo is not a party thereto. Notwithstanding the foregoing, DoWhatLocalsDo Payments serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Tour, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Tour. Any Member wishing to book Tours included in Listings with such requirements must meet these requirements.
If you are a Host, DoWhatLocalsDo makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Tour. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Tours at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Tours, if applicable.)
DoWhatLocalsDo recommends that Hosts obtain appropriate insurance for their Tours. Please review any insurance policy that you may have for your Tours carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Tours, if applicable) while at your Tours.
DoWhatLocalsDo may offer Hosts the option of having photographers take photographs of their Tours. If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “DoWhatLocalsDo.io Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by DoWhatLocalsDo, including Verified Images, constitute DoWhatLocalsDo Content, regardless of whether you include them in your Listing.
DoWhatLocalsDo does not endorse any Member or any Tour. You understand that Verified Images are intended only to indicate a photographic representation of the Tour at the time the photograph was taken. Verified Images are therefore not an endorsement by DoWhatLocalsDo of any Member or any Tour. Members are required by these Terms to provide accurate information, and although DoWhatLocalsDo may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by DoWhatLocalsDo about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Except as provided in the DoWhatLocalsDo Host Guarantee Terms and Conditions which is an agreement between DoWhatLocalsDo and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from DoWhatLocalsDo with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against DoWhatLocalsDo regarding the remittance of payments received from a Guest by DoWhatLocalsDo on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
If you are a Host and a booking is requested for your Tour via the Site and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s DoWhatLocalsDo Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to DoWhatLocalsDo when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her DoWhatLocalsDo Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by DoWhatLocalsDo for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, DoWhatLocalsDo will send you an email or message via DoWhatLocalsDo site confirming such booking, depending on the selections you make via the Site and Services.
DoWhatLocalsDo Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Tour Fees, less DoWhatLocalsDo’s Host Fees to the Host when guest pays for their applicable Tour. Payments involve the use of third-party payment processors PayPal, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
Each Host hereby appoints DoWhatLocalsDo Payments as the Host’s limited payment collection agent solely for the purpose of accepting the Tour Fees from Guests.
Each Host agrees that payment made by a Guest through DoWhatLocalsDo Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Tour available to the Guest in the agreed-upon manner as if the Host has received the Tour Fees. Each Host agrees that DoWhatLocalsDo may, in accordance with the cancellation policy, (i) permit the Guest to cancel the booking and (ii) refund (via DoWhatLocalsDo Payments) to the Guest that portion of the Tour Fees specified in the applicable cancellation policy. Each Host understands that as DoWhatLocalsDo Payments accepts payments from Guests as the Host’s limited payment collection agent and that DoWhatLocalsDo Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. DoWhatLocalsDo does not guarantee payments to Hosts for amounts that have not been successfully received by DoWhatLocalsDo Payments from Guests. In accepting appointment as the limited authorized agent of the Host, DoWhatLocalsDo Payments assumes no liability for any acts or omissions of the Host.
Please note that DoWhatLocalsDo does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that DoWhatLocalsDo reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that DoWhatLocalsDo will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not DoWhatLocalsDo, are solely responsible for honouring any confirmed bookings and making available any Tours reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Tour, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Tours imposed by the Host. You acknowledge and agree that you, and not DoWhatLocalsDo, will be responsible for performing the obligations of any such agreements, that DoWhatLocalsDo is not a party to such agreements, and that, with the exception of its payment obligations hereunder, DoWhatLocalsDo disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that DoWhatLocalsDo is not a party to the agreement between you and the Host, DoWhatLocalsDo Payments acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to DoWhatLocalsDo Payments, your payment obligation to the Host for the Tour Fees is extinguished, and DoWhatLocalsDo Payments is responsible for remitting the Tour Fees less the Host Fees, in the manner described in these Terms. In the event that DoWhatLocalsDo Payments does not remit any such amounts as described in these Terms, such Host will have recourse only against such DoWhatLocalsDo entity.
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by DoWhatLocalsDo Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and any pre-authorization of such Guest’s credit card will be released, if applicable.
You as a Guest agree to pay DoWhatLocalsDo for the Total Fees for any booking requested in connection with your DoWhatLocalsDo Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that DoWhatLocalsDo Payments, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once DoWhatLocalsDo receives confirmation of your booking from the applicable Host, DoWhatLocalsDo Payments will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that DoWhatLocalsDo cannot control any fees that may be charged to a Guest by his or her bank related to DoWhatLocalsDo’s collection of the Total Fees, and DoWhatLocalsDo disclaims all liability in this regard.
In consideration for the use of DoWhatLocalsDo’s online marketplace and platform, DoWhatLocalsDo charges the Service Fees. DoWhatLocalsDo Payments deducts the Host Fees from the Tour Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees. Balances will be remitted by DoWhatLocalsDo Payments to Hosts via PayPal or other payment methods described on the Site, in US currency.
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, DoWhatLocalsDo Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the site and Services after arriving at the Tour you will be charged the tours full price. If, as a Guest, you wish to cancel a confirmed booking made via the site 24 hours after booking a Tour you will be charged the tours full price. Guest Fee and PayPal fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Site, and Services, (i) DoWhatLocalsDo Payments will require the Host to refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from DoWhatLocalsDo containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay DoWhatLocalsDo the Total Fees relating to the confirmed booking for the Tour in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from DoWhatLocalsDo, please contact DoWhatLocalsDo via website.
If, as a Host, you cancel a confirmed booking, DoWhatLocalsDo may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, DoWhatLocalsDo may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. If for any other reason DoWhatLocalsDo may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the DoWhatLocalsDo Policy. You agree that DoWhatLocalsDo and the relevant Guest or Host will not have any liability for such cancellations or refunds.
DoWhatLocalsDo’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the DoWhatLocalsDo platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$250.00 to buy €200.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
CURRENTLY WE ONLY OFFER PAYMENTS IN US DOLLARS
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court.
• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
• use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an DoWhatLocalsDo Guest or Host;
• offer, as a Host, any Tours that you do not yourself own or have permission to do(without limiting the foregoing, you will not list Tours as a Host if you are serving in the capacity of a Tour agent or listing agent for a third party);
• register for more than one DoWhatLocalsDo Account or register for an DoWhatLocalsDo Account on behalf of an individual other than yourself;
• unless DoWhatLocalsDo explicitly permits otherwise, request or book a Tour if you will not actually be at the Tour yourself;
• contact a Host for any purpose other than asking a question related to a booking, such Host’s Tours or Listings;
• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site and Services;
• recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to DoWhatLocalsDo, without DoWhatLocalsDo’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
• use the Site, Services or Collective Content to find a Host or Guest and then complete a booking of a Tour independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to DoWhatLocalsDo’s provision of the Services or for any other reasons;
• as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, DoWhatLocalsDo’s name, any DoWhatLocalsDo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without DoWhatLocalsDo’s express written consent;
• access, tamper with, or use non-public areas of the Site or Services, DoWhatLocalsDo’s computer systems, or the technical delivery systems of DoWhatLocalsDo’s providers;
• attempt to probe, scan, or test the vulnerability of any DoWhatLocalsDo system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DoWhatLocalsDo or any of DoWhatLocalsDo’s providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
DoWhatLocalsDo has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
DoWhatLocalsDo may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against DoWhatLocalsDo or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the DoWhatLocalsDo Host Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of DoWhatLocalsDo, its users, or members of the public . You acknowledge that DoWhatLocalsDo has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. DoWhatLocalsDo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that DoWhatLocalsDo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
DoWhatLocalsDo Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, DoWhatLocalsDo grants you a limited, non-exclusive, non-transferable license, to (i) access and view any DoWhatLocalsDo Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the 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 DoWhatLocalsDo or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to DoWhatLocalsDo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. DoWhatLocalsDo does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to DoWhatLocalsDo the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or DoWhatLocalsDo’s use of the Member 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.
Suspension, Termination and DoWhatLocalsDo Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your DoWhatLocalsDo Account. If we exercise 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: (a) your DoWhatLocalsDo Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your DoWhatLocalsDo Account, your Member Content, or receive assistance from DoWhatLocalsDo Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) Hosts may be required to refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Tours with other Hosts that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your DoWhatLocalsDo Account. You may cancel your DoWhatLocalsDo Account at any time via the “Cancel Account” feature of the Services or by sending an email to DoWhatLocalsDo. Please note that if your DoWhatLocalsDo Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DOWHATLOCALSDO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOWHATLOCALSDO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DOWHATLOCALSDO MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TOURS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DOWHATLOCALSDO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOWHATLOCALSDO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT DOWHATLOCALSDO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY TOURS. DOWHATLOCALSDO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY DOWHATLOCALSDO. NOTWITHSTANDING DOWHATLOCALSDO’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, DOWHATLOCALSDO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOUR VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF DOWHATLOCALSDO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER DOWHATLOCALSDO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOWHATLOCALSDO 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE DOWHATLOCALSDO HOST GUARANTEE, IN NO EVENT WILL DOWHATLOCALSDO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY TOURS OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY DOWHATLOCALSDO 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 DOWHATLOCALSDO 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.
You agree to release, defend, indemnify, and hold DoWhatLocalsDo and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Tour, or (iii) creation of a Listing; (d) the provision of a Tours by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Tour, booking or use of DoWhatLocalsDo site.
The failure of DoWhatLocalsDo 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 DoWhatLocalsDo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact DoWhatLocalsDo.