Terms and Conditions
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the LIVE Local Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: June 19, 2019
Thank you for using LIVE Local!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and LIVE Local (as defined below) governing your access to and use of the LIVE Local website, including any subdomains thereof, and any other websites through which LIVE Local makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "LIVE Local Services"). The Site, Application and LIVE Local Services together are hereinafter collectively referred to as the “LIVE Local Platform”. All policies applicable to your use of the LIVE Local Platform are incorporated by reference into this Agreement.
When these Terms mention “LIVE Local,” “we,” “us,” or “our,” it refers to the LIVE Local company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence.
Any and all payment processing services through or in connection with your use of the LIVE Local Platform ("Payment Services") are provided to you by one or more LIVE Local Payments entities (individually and collectively, as appropriate, "LIVE Local Payments") as set out in the Payments Terms of Service ("Payments Terms").
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on LIVE Local, you should always seek legal guidance.
1.1 The LIVE Local Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the LIVE Local Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the LIVE Local Platform, LIVE Local does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is LIVE Local an organizer or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. LIVE Local is not and does not become a party to or other participant in any contractual relationship between Members, nor is LIVE Local a real estate broker or insurer. LIVE Local is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we do screen our listings to the best of our ability and may help facilitate the resolution of disputes, LIVE Local has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. LIVE Local does not endorse any Member, Listing or Host Services. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the LIVE Local Platform as a Host or Co-Host (as defined below), your relationship with LIVE Local is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LIVE Local 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 LIVE Local. LIVE Local does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the LIVE Local Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The LIVE Local 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. LIVE Local 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 LIVE Local of such Third-Party Services.
1.7 Due to the nature of the Internet, LIVE Local cannot guarantee the continuous and uninterrupted availability and accessibility of the LIVE Local Platform. LIVE Local may restrict the availability of the LIVE Local 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 LIVE Local Platform. LIVE Local may improve, enhance and modify the LIVE Local Platform and introduce new LIVE Local 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 LIVE Local Platform or register an LIVE Local Listing. By accessing or using the LIVE Local 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 You will comply with any applicable export control laws in your local jurisdiction.
2.3 LIVE Local may make access to and use of the LIVE Local Platform, or certain areas or features of the LIVE Local Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 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 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 (if available).
2.5 The access to or use of certain areas and features of the LIVE Local 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 LIVE Local 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.
LIVE Local reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the LIVE Local Platform and update the “Last Updated” date at the top of these Terms. 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 LIVE Local Platform will constitute acceptance of the revised Terms.
4.1 The LIVE Local Platform, LIVE Local Content, and Member Content may in its entirety or in part be protected by copyright. You acknowledge and agree that the LIVE Local Platform and LIVE Local Content, including all associated intellectual property rights, are the exclusive property of LIVE Local and/or its licensors or 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 LIVE Local Platform, LIVE Local Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LIVE Local used on or in connection with the LIVE Local Platform and LIVE Local Content are trademarks or registered trademarks of LIVE Local in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LIVE Local Platform, LIVE Local Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.2 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 LIVE Local 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 LIVE Local or its licensors, except for the licenses and rights expressly granted in these Terms.
4.3 Subject to your compliance with these Terms, LIVE Local 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 LIVE Local Platform and accessible to you, solely for your personal and non-commercial use.
4.4 LIVE Local may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "LIVE Local.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the LIVE Local Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your LIVE Local Account is terminated or suspended for any reason. You acknowledge and agree that LIVE Local shall have the right to use any Verified 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. Where LIVE Local is not the exclusive owner of Verified Images, by using such Verified Images on or through the LIVE Local Platform, you grant to LIVE Local an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified 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. LIVE Local in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the LIVE Local Platform solely for your personal and non-commercial use.
4.5 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 or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates LIVE Local’s Content Policy or any other LIVE Local policy. LIVE Local may, without prior notice, remove or disable access to any Member Content that LIVE Local finds to be in violation of these Terms or LIVE Local’s then-current Policies or Standards, or otherwise may be harmful or objectionable to LIVE Local, its Members, third parties, or property.
4.6 LIVE Local respects copyright law and expects its Members to do the same. If you believe that any content on the LIVE Local Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
5. Service Fees
5.1 All new listings will require payment of a once off setup fee of R250. This includes the setup and management of a lifetime listing and free advertising through the LIVE Local Platform.
5.2 LIVE Local will apply a 10% admin fee on all bookings managed through the optional LIVE Local booking platform. These charges will be payable by the Host of the listed services.
5.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or prior to publishing or booking a Listing. LIVE Local reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
5.2 You are responsible for paying any Service Fees that you owe to LIVE Local. The applicable Service Fees (including any applicable Taxes) are collected by LIVE Local Payments. LIVE Local Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Service Fees are non-refundable.
6. Terms specific for Hosts
6.1 When creating a Listing through the LIVE Local Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and costs), (ii) disclose any deficiencies, restrictions (such as house rules) 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 LIVE Local. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
6.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) 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.
6.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
6.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. LIVE Local reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
6.5 The placement and ranking of Listings in search results on the LIVE Local Platform are alphabetical. Featured listings are available at monthly subscription rates at the top of each page.
6.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
6.7 LIVE Local recommends that Hosts obtain appropriate insurance for their Host Services. 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 Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7. Terms specific for Guests
7.1 Terms applicable to all bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by LIVE Local and/or the Host, you can book a Listing available on the LIVE Local Platform by following the respective booking process. All applicable fees, including the Guest Fee and any applicable Taxes (collectively, “Total 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 LIVE Local Account.
7.1.2 Upon receipt of a booking confirmation from LIVE Local, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. LIVE Local Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
7.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. 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, Event or other Host Service if accompanied by an adult who is responsible for them.
7.2 Booking Accommodations
7.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
7.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize LIVE Local (via LIVE Local Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
7.3 Booking Experiences, Events and other Host Services
7.3.1 You should carefully review the description of any Experience, Event or other Host Service 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 Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, 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, Event or other Host Service.
7.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
7.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the LIVE Local Platform.
8. Booking Modifications, Cancellations and Refunds, Resolution Center
8.1 Hosts and Guests are responsible for any modifications to a booking that they make via the LIVE Local Platform or direct LIVE Local customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
8.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and the Host will be responsible for the refund of the amount of the Total Fees due to the Guest in accordance with such cancellation policy.
8.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. The Host will responsible for payment of the 10% admin fee to LIVE Local. This admin fee is not refundable.
8.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, LIVE Local will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9. Ratings and Reviews
9.1 Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about Hosts. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of LIVE Local. Ratings and Reviews are not verified by LIVE Local for accuracy and may be incorrect or misleading.
9.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with LIVE Local’s Content Policy and Extortion Policy.
9.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
10.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the legal action.
- LIVE Local accepts no responsibility for damage caused by any guest to the properties of any Host.
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LIVE Local Platform. In connection with your use of the LIVE Local Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the LIVE Local Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LIVE Local endorsement, partnership or otherwise misleads others as to your affiliation with LIVE Local;
- use the LIVE Local Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the LIVE Local Platform;
- unless LIVE Local explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the LIVE Local Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the LIVE Local Platform to request, make or accept a booking independent of the LIVE Local Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the LIVE Local Platform or LIVE Local Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold LIVE Local harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services associated with the LIVE Local Open Homes program as determined by LIVE Local in its sole discretion.
- use, display, mirror or frame the LIVE Local Platform or Collective Content, or any individual element within the LIVE Local Platform, LIVE Local's name, any LIVE Local trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the LIVE Local Platform, without LIVE Local's express written consent;
- dilute, tarnish or otherwise harm the LIVE Local brand in any way, including through unauthorized use of Collective Content, registering and/or using LIVE Local or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LIVE Local domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LIVE Local Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LIVE Local or any of LIVE Local's providers or any other third party to protect the LIVE Local Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LIVE Local Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LIVE Local Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
11.2 You acknowledge that LIVE Local has no obligation to monitor the access to or use of the LIVE Local 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 LIVE Local 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 LIVE Local in good faith, and to provide LIVE Local with such information and take such actions as may be reasonably requested by LIVE Local with respect to any investigation undertaken by LIVE Local or a representative of LIVE Local regarding the use or abuse of the LIVE Local Platform.
11.3 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 LIVE Local by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
If you choose to use the LIVE Local Platform or Collective Content, you do so voluntarily and at your sole risk. The LIVE Local Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the LIVE Local Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by LIVE Local relating to a Listing.
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.
You agree that some Experiences, Events or other Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. 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 Host Service and to the maximum extent permitted by law, you agree to release and hold harmless LIVE Local from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
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.
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 LIVE Local Platform , your publishing or booking of any Listing via the LIVE Local Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you.
Neither LIVE Local nor any other party involved in creating, producing, or delivering the LIVE Local Platform 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 LIVE Local 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 LIVE Local Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LIVE Local 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 LIVE Local Host Guarantee, in no event will LIVE Local’s aggregate liability arising out of or in connection with these Terms and your use of the LIVE Local Platform including, but not limited to, from your publishing or booking of any Listings via the LIVE Local Platform, or from the use of or inability to use the LIVE Local Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the LIVE Local Platform 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 LIVE Local 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 LIVE Local 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. If you reside outside of South Africa, this does not affect LIVE Local’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to release, defend (at LIVE Local’s option), indemnify, and hold LIVE Local and its affiliates and subsidiaries, including but not limited to, LIVE Local Payments, 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 LIVE Local Platform or any LIVE Local Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, 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, (iv) LIVE Local’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
15. General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LIVE Local and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LIVE Local and you in relation to the access to and use of the LIVE Local Platform.
15.2 No joint venture, partnership, employment, or agency relationship exists between you and LIVE Local as a result of this Agreement or your use of the LIVE Local Platform.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 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.
15.5 LIVE Local’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.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LIVE Local's prior written consent. LIVE Local 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.
15.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by LIVE Local via email, LIVE Local Platform notification, or messaging service (including SMS and Whatsapp).
22.8 If you have any questions about these Terms please firstname.lastname@example.org.