1. THESE TERMS

1.1 These terms of use govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”).

1.2 By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.

1.3 You should also read our Privacy Policy which sets out how we collect and use your personal information.

 

2. ABOUT US AND HOW TO CONTACT US

2.1 We are Mylocals Limited, a company registered in Hong Kong, trading as Mylocals. Our Company Registration Number is 3012743 and our registered office is at Unit B &C, 9/F, Casey Building, 38 Lok Ku Road, Sheung Wan, Hong Kong.

2.2 We offer our Platform providing Private Tours & Experiences supplied by third parties (“Tours”).

2.3 For any questions or problems relating to our Platform or services, Tours, or these terms, you can contact us by telephoning our customer service team through email us at hello@mylocals.com.

2.4 We are the data controller in relation to our Platform and are responsible for your personal data provided to us. Please refer to our Privacy Policy which is available at mylocals.com/privacy-policy for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

2.5 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

2.6 When we use the words “writing” or “written” in these terms, this includes emails.

 

3. CHANGES OF TERMS

We may amend these terms and our policies from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised terms and/or policies.

 

4. AVAILABILITY OF OUR SERVICES

4.1 We are constantly changing and improving our Platform and the services we provide. We may from time to time change or discontinue any of the services we offer, or add or remove functionalities or features, and we may suspend or stop certain services, functionalities or features altogether. If we discontinue certain services, functionalities or features, we will give you advance notice where reasonably possible.

4.2 We may release services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other services we offer.

4.3 We reserve the right to limit your use of our Platform and any of the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.

4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.

 

5. YOUR ACCOUNT AND PASSWORD

5.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.

5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.

5.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.

5.4 You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.

You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.

 

6. USE OF THE PLATFORM

6.1 We offer our website as a platform to provide the following services:

(a) providing a searchable directory for you to search for, select and book Tours provided by third parties; and

(b) providing payment processing for you to book Tours provided by third parties.

6.2 By using our Platform, you warrant that:

(a) you are of or over the age of 18 (or are able to produce proof of guardian consent) and have the legal authority and capacity to be bound by the terms herein; and

(b) the payment instrument you use on our Platform is owned by you or you have the authority to complete the transaction with this payment instrument and there are insufficient funds to cover the costs of the transaction

6.3 If you are using the Platform on behalf of an entity, by using our Platform, you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.

6.4 If you wish to book any Tour provided on our Platform, you must first create a user account and follow the instructions on our Platform.

6.5 You log into your user account to book Tours on our Platform. A legally enforceable contract is established between us when you receive an email confirming that a Tour you have booked on our Platform has been accepted.

6.6 If we are unable to accept your booking, it might be because:

(a) the Tour you have tried to book is no longer available;

(b) the Tour you have tried to book is not available at the time you have chosen or for the number of persons you have indicated; or

(c) we cannot accept the booking for some other reason.

6.7 If we are unable to accept your booking request, we will let you know in writing and will not charge you for the Tour.

6.8 We will assign a unique booking number to each booking which you should make a note of since you will need to make reference to that number whenever you contact us about a booking for any reason.

6.9 We reserve our rights to accept or reject any changes to bookings. All changes to existing bookings must be made via our Platform or by contacting us via the contact details shown in Clause 2.3).

6.10 Bookings can be changed at any time prior to 48 hours before the scheduled Tour without incurring additional charges. After that, any changes may be subject to a surcharge and our third party Tour provider(s) reserve the right to cancel the booking.

6.11 Any change in the number of persons participating in any Tour constitutes a change for which additional payment may be required. We reserve the right to re-invoice you for such changes or reschedule or cancel the booking.

6.12 Tour cancellations must be requested not less than 14 days prior to the Tour date in order to be eligible for a full refund. We reserve the right to provide only partial refunds or no refunds for any cancellations arranged less than 14 days prior to the Tour date.

6.13 Failure to show up for the scheduled Tour without a prior cancellation notice will result in you receiving no refund. Failure of your third party Tour provider to show up for the scheduled Tour will result in a full refund to you.

6.14 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.

6.15 We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.

6.16 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.

6.17 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.

 

7. YOUR RIGHTS

7.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.

7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

7.3 You warrant that Your Content does not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.

7.4 If you believe your intellectual property rights have been infringed, please contact us by sending an email to hello@mylocals.com.

 

8. OUR RIGHTS

8.1 All intellectual property rights subsisting in the Platform or the services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.

8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to, at any time and without further notice, remove any content which we consider as untrue, unlawful, illegal, misleading, abusive, deceptive, harmful, vulgar, threatening libelous, defamatory, scandalous, obscene, pornographic, immoral, intrusive to human rights, profane, indecent, lewd, sexually oriented, harassing, threatening, provocative, fraudulent; offensive (advocates racism, bigotry, hatred, or physical harm of any kind against a group or individual), and/or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties, and/or includes or intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files. We do not endorse or support any views expressed by any users on our Platform. We have no obligation to monitor and will not be monitoring any content on our Platform.

8.3 Our name “Mylocals” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.

 

9. PAYMENT

9.1 Acceptance and payment of any funds transferred between you and us on the Platform (“Payment Processing”) is provided by Stripe. Your payments to us are processed in accordance with agreements that we have with Stripe including the Stripe Agency Services Agreement. By agreeing to the terms herein, you agree to be bound by the Stripe Agency Services Agreement, as the same may be modified by Stripe from time to time.

9.2 As a condition of using Payment Processing, you must provide accurate and complete information about you and/or your business and you authorize us to share this information with Stripe.

9.3 All bank and credit card information is sent directly to and stored with Stripe using their security protocols. We do not store your payment information on our systems and have no responsibility for the safety or security of that information.

9.4 All use of Payment Processing is conditioned upon your compliance with the Stripe Agency Agreement, and if the Stripe Agency Agreement is terminated by Stripe, Payment Processing may not be available to you.

9.5 We may change or add other payment processing services at any time without notice to you and these other services may be subject to additional terms or conditions.

 

10. INTEGRATIONS

We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.

 

11. FEEDBACK

11.1 We value and welcome feedback on our Platform. If you have any feedback regarding our Platform or any services we offer, please call contact us (please refer to Clause 2.3 for our contact details).

11.2 You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any services we offer, without any payment to you.

11.3 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

 

12. LIMITATION ON LIABILITIES

12.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

12.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

(a) we provide the Platform and any services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;

(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any services we provide;

(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;

(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);

(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors;

(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline);

(g) we are no responsibility and assume no liability for any content mentioned in Clause 8.2 herein posted, stored, transmitted or uploaded through our Platform by you or any third party, or for any loss or damage arising therefrom;

(h) we exclude all liability for any losses sustained by you in connection with our reliance on Stripe for Payment Processing; and

(i) we are not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss or death or personal injury arising from or in connection with the Tours.

12.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:

any indirect, incidental, special, exemplary, consequential or punitive damages; or

any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or services we offer.

12.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the services we offer.

12.5 If you are using the Platform as a consumer, nothing in these terms limits your legal rights as a consumer that may not be waived by contract.

12.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (in aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any or services we offer over the last twelve (12) months.

 

13. INDEMNITY

13.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.

13.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.

 

14. TERMINATION

14.1 The terms in this clause 14 will continue to apply until terminated by either you or us.

14.2 You may stop using the Platform at any time by deactivating your account.

14.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:

(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);

(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;

(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or

(d) our provision of the Platform to you is no longer possible or commercially viable.

In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.

14.4 Upon termination of your access, these terms will also terminate except for Clauses 12 to 18.

14.5 Where we consider necessary or appropriate, we will report any breach of these terms (and/or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

 

15. ENTIRE AGREEMENT

15.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.

15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

 

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any Tour not provided.

16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3 If a court finds any of these terms of use unenforceable, the remaining terms will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 Even if we delay in enforcing any of these terms of use, we reserve the right to enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we still allow you to book Tours, we can still require you to make the payment at a later date.

 

17. CONTACT

If you have any questions about these terms of use or the Acceptable Use Policy, please contact us at hello@mylocals.com

18. GOVERNING LAW DISPUTE RESOLUTION

18.1 These terms of use are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.

18.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to hello@mylocals.com via their website at www.mylocals.com. MyLocals Limited will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

 

ACCEPTABLE USE POLICY

As part of the terms of use, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:

(a) use our Platform for unlawful or unauthorised purposes;

(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;

(c) probe, scan, or test the vulnerability of any system or network;

(d) breach or otherwise circumvent any security or authentication measures or service use limits;

(e) access, tamper with, or use non-public areas or parts of the Platform;

(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;

(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;

(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;

(i) send unsolicited communications, promotions or advertisements, or spam;

(j) forge any TCP/IP packet header or any part of the header information in any email;

(k) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;

(l) conduct surveys, contests, or pyramid schemes, or promote or advertise Tours or services without appropriate authorisation;

(m) abuse referrals or promotions;

(n) post, publish, upload, display, distribute, or share materials that are untrue, unlawful, illegal, misleading, abusive, deceptive, harmful, vulgar, threatening libelous, defamatory, scandalous, obscene, pornographic, immoral, intrusive to human rights, profane, indecent, lewd, sexually oriented, harassing, threatening, provocative, fraudulent; offensive (advocates racism, bigotry, hatred, or physical harm of any kind against a group or individual), and/or that infringe intellectual property rights, and/or includes or intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;

(o) violate the letter or spirit of our terms of use;

(p) violate applicable laws or regulations in any way; or

(q) violate the privacy or infringe the rights of others.

Last updated: _September_ 2021