localites provides an online platform that connects localites (local people) who wish to share their knowledge of and experience with specific travel destinations with travellers looking to receive locals’ services related to visiting such destinations.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of 'localites' platform services (the “Services”) provided by localites and access of such Services through the application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Application.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Trip” means services that a localite may provide to a Traveller in relation to a specific travel destination (e.g. picking up from the airport, hosting at their place, showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Trip services as Locals on the localites platform.
“Membership” means a status that allows travellers to send trip requests and connect with locals. Membership can be purchased for the duration of one month, one year or paying a onetime registration fee. The payment method for the Membership is a recurring subscription-based payment.
“Subscription” means an enrolment for subscription-based membership, where you authorise localites or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method.
“localite” means a User - a natural person who creates the Profile via the Application and provides the localites services.
“User” means an individual who completes localites account registration process on the Application, including but not limited to the Locals and Travellers.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Traveller” means a User who requests from a Local a booking of the Trip via the Site, Application or Services.
“you”, “your” and “yours” means you a User of the Application.
“we”, “us” and “our” are references to the team localites.
localites is a platform for locals and travellers to meet online and arrange for the localites directly with each other.
By using the Site or Application, the Locals may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves available to offer the localites to the Travellers. Based on the Profiles, the Travellers may select the Locals to provide the localites.
Travellers can purchase a Membership allowing them to send trip requests and connect with locals; however, it does not guarantee the occurrence of tours and therefore, all agreements made about city tours as well as payments are solely up to the traveller and localite to decide and discuss among themselves. Membership Fee is payable to localites. Membership can be purchased for the duration of one month, one year and it is a recurring subscription-based payment or if they wish to purchase one-time membership, that is not recurring.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Application, is the property of localites and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
You are responsible for any actions that take place while using your localites account. localites is not responsible for any loss that results from unauthorized use of your account or profile, with or without your knowledge.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using Application or Services you represent and warrant that you are 18 or older.
If you are Traveller, you understand and agree that a localite is not an individual involved in professional travel activities. A localite is not always a licensed and/or qualified tour guide. He or she is a person, who resides and has knowledge of certain area and wishes to share it with the Travellers so that they become acquainted with the area from the perspective of a localite.
As a localite, you may create Profile where you can showcase a range of original local Trips as well as personal information you wish to share with Travellers about you and your area. The Profile will be made publicly available via the Services, and Travellers will be able to send trip requests via the Site, Application and Services based upon the information provided in your Profile. Travellers will also be able to provide feedback on your Trip and rate you as a localite. We will monitor all feedback obtained from Travellers prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Travellers.
If you are localite, you represent and warrant that your Profile (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any Trip offered by a localite must comply with the following requirements: (i) the localite has to be delivered personally by the localite who confirmed the booking, (ii) the Traveller may not be joined to the localite booked by or delivered to other Traveller, (iii) the number of the Trips that the localite may deliver per day is limited to one.
You are solely responsible for your interactions with other Users, whether online or in person. localites assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. localites is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings all Users will be offered a private in-app chat messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Trip. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is solely upto the Users. We recommend you do not do such things unless you're paid from the Traveller or know them very well. Communication before booking is for discussing your tour details only. Contact details of both parties will be always be secured from our end. If necessary, your internal communication on localites can be reviewed by localites team. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Trip, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organisation or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorised access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, publish or display or email or otherwise use via the Services.
All User Content submitted by you on the Application or via the Services will be considered non-confidential and non-exclusive. You grant to localites a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If localites chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
Travellers or anyone who wants to receive 'premium label' and access filters, can purchase a Membership allowing; however, it does not guarantee the occurrence of tours and therefore, all agreements made about city tours as well as payments are solely up to the traveller and localite to decide and discuss among themselves.
Membership Fee is payable to localites or it may be charged to iTunes Account at confirmation of an in app purhcase. Membership can be purchased for the duration of one month (USD 10), one year (USD 60) or onetime registration or forever (USD 100). Except 'Onetime registration fee or Forever', payment method for the Membership is a recurring subscription-based payment.
When you initially subscribe for a Membership you will be charged immediately for the initial period of the Subscription at the then-current fee. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Subscription section in Account Settings after purchase. By agreeing to a Subscription payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
In the case of all subscriptions, you agree that there will be no refund at any point of time. Once the payment has been made, it cannot be refunded.
After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription.
WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MEMBERSHIP FEE) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD GO TO YOUR ACCOUNT SETTINGS.
Subscription you have signed up for when purchasing a Membership will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription at any time, go to Subscription page or contact customer service at: [email protected] . If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
To cancel an ongoing, paid Subscription, please go to your Settings, click on 'How To Cancel Subscription?' and follow the process described therein. Once you have cancelled your subscription, localites will stop billing you until and unless you re-subscribe under your account. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are nonrefundable.
You agree that localites, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the app for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership for breaching this Agreement, you will not be entitled to any refund of any unused fees. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the process of payments concerning services of the Application, the User will be immediately restricted from using the Application and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.
If you are a Traveller and wish to schedule the Trip, you may do so through the Application. In case information provided in a Profile of a particular localite is not sufficient for you to decide on the Trip or you have any special requests relating to the Trip, you will be able to discuss this with the Local via private messaging facility.
If you are a localite and a trip is requested for your Trip through the Application, you will be required to either confirm or reject the trip before the day of when the trips is requested.
A localite individually determines the Trip Fee. Alternatively, a localite can also choose to provide Free tours.
As a localite you understand and agree that 100% of the amount paid for the Trip will be considered as your personal income.
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.
Your use of the Application and Services is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
localites reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that localites will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms constitute the entire and exclusive understanding and agreement between localites and you regarding the Application and Services.
localites may assign its rights and obligations under these Terms to any party at any time without notice to you.
localites may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.
The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and localites.
localites reserves the right to revise these Terms at any time. localites will inform you about any modification or change of these Terms by mail, on the Application, via the Services or by other means deemed appropriate and adequate by localites. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
The failure of localites to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Services are rendered to you under and in accordance with Malta law. Any dispute between you and localites is governed in all respects by Malta law.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by localites (i) via email (in each case to the address that you provide) or (ii) by posting to the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.