TERMS AND CONDITIONS
1. CONTRACTUAL RELATIONSHIP AND DEFINITIONS
When used in these Terms and Conditions, the below terms shall have the following meaning:
Account means a personal location on Lives network servers, where the Users store their username, password and other information relating to the User’s activities in connection with the Services.
Application means Live’s application service for mobile devices.
Booking means the booking of a Tour, which constitutes a binding agreement between a Traveler and an Experience Provider.
Content means textual, audio, visual and audiovisual content and information displayed or made available through the Services, including but not limited to photos, films and promotional material.
Experience Provider means a natural person or legal entity registered with an Account as an “Experience Provider”.
Live means Live International Holding AS, a company acting under Norwegian organization number 816 996 392.
Live Chat means the communication service available on the Site and Application for communication between Travelers and Experience Providers.
Terms means these Terms and Conditions.
Tour means any activity, excursion or Tour offered by an Experience Provider through the Services.
Traveler means a natural person who has registered an Account as a “Traveler”.
Services means the Application, the Site, the Content and any other services made available by or through Live.
Site means Live’s website, as of the date these Terms were last updated: www.liveprivateguide.com
User means any natural person or legal entity using any part of the Services.
1.2 Contractual Relationship
Any access or use of the Services, Site or Application is subject to these Terms. If you do not agree to these Terms, you may not access or use the Services, Site or Application. By using the Services, Site or Application you understand and accept that you are legally bound by the conditions set forth herein, regardless of whether you decide to create an Account.
You acknowledge and agree that the Booking of a Tour through the Services means that an agreement is entered into between an Experience Provider and a Traveler, and that Live is not a party to any such agreement. The entire responsibility for performing any obligation under such agreement rests on the Experience Provider and the Traveler. Breach of such an agreement may subject you to liability for loss occurred by the other party, if the applicable law so provides. You accept and agree that Live is without responsibility in this regard to the maximum extent permitted by law. Live does not act as an agent or insurer and is not responsible for the conduct of Travelers, Experience Providers or other Users. Live may however, on supplementary and specified terms, offer insurance to Users through a third-party insurance provider. We strongly encourage Travelers to purchase the insurances offered, as no claims can be made towards Live regarding losses or damages incurred in connection with the Services, e.g. in the event of personal injuries, damages to or loss of personal belongings, theft or claims from third parties.
You may not assign or transfer these Terms without Live’s prior written approval. Live may assign or transfer these Terms without restrictions.
If you are using the Services on behalf of a company or other entity, you accept these Terms on behalf of the company or entity, and hereby represent and warrant that you are authorized to bind the company or entity to these Terms.
If any part or provision of these Terms is held to be invalid or unenforceable, the remaining parts and provisions shall be enforced to the fullest extent possible under the applicable law.
1.3 Supplementary terms
Supplementary terms may apply for specific parts of the Services and shall be deemed a part of the Terms when applicable. If there is a conflict between these Terms and terms and conditions posted for a specific part of the Services, the specific terms and conditions will take precedence with respect to your use of or access to that part of the Services.
From time to time, Live may, subject to its sole discretion and for whatever reason, amend or change the provisions of these Terms. The amendments will be effective upon posting by Live and deemed accepted by continued use of the Services.
2. THE SERVICES
The Services constitute a technology platform enabling Users to list or search for Tours ,and to learn about, arrange and schedule such Tours. The Tours are listed, advertised and performed by Experience Providers.
2.2 License and ownership
Subject to your compliance with these Terms, Live grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services, Site and Application.
You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Services, (ii) reproduce, modify, prepare derivative works based upon, distribute, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Live (iii) decompile, reverse engineer, or disassemble the Services, (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or network.
All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Services will remain Live’s sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all rights, title and interest in the foregoing, will belong to Live.
2.3 Registration and eligibility
Unless otherwise permitted by Live in writing, you may only possess one Account. You may not assign or otherwise transfer your Account to any other person or entity.
You agree that you are responsible for any actions taken through your Account, regardless of whether such actions are taken by you or anyone else, and regardless of whether they are taken with or without your consent. You agree not to make your username and password available to anyone other than yourself and to take any precautions necessary to avoid unauthorized access to your Account.
2.4 Booking terms
Tours listed on the Site or Application can be booked by anyone with a traveler Account . All bookings must be made using the “REQUEST BOOKING”-option on the Site or Application.
When requesting a Booking, a binding agreement is concluded between the Experience Provider and the Traveler at the time when the Experience Provider explicitly accepts the Booking from the Traveler. The Traveler may withdraw the request as long as the request has not been accepted by the Experience Provider. If the Experience Provider does not respond to a request within 48 hours, the request is automatically cancelled.
Unless explicitly permitted by the Experience Provider, a Traveler may not request or book a Tour where the Traveler will not actually be participating on the Tour in person.
In addition to the provisions set out in these Terms, each booking is subject to the specifications, terms and conditions described in the listing of that Tour. Upon making a booking request, the Traveler must specify the number of participants for which the booking is being made. As a Traveler, you accept that the number of participants may affect the price of a Tour, and that you may not bring along a larger number of participants than specified when the request was sent or the booking was made.
Whether you are an Experience Provider or a Traveler, you further accept and agree that the content of any conversation between Experience Provider and Traveler which is made through the Live Chat or otherwise in connection with a booking, to the extent that the content of such conversation is not contrary to any provision in these Terms, will be considered an integrated part of the agreement entered into between the Experience Provider and the Traveler.
2.5 Rescheduling and cancellation
A Booking may be cancelled by the Traveler only if cancellation is done using the cancellation option in the Site or Application more than 48 hours before the Tour was scheduled to begin. If a Tour is cancelled less than, or, 48 hours before the time when the Tour was scheduled to begin, the Traveler will be charged the full price of the Tour.
If you are using the Services as an Experience Provider, and you cancel a booking, you accept and agree that you may be charged a cancellation fee by Live. You also accept and agree that repeated cancellations by an Experience Provider may cause Live to suspend or permanently deny the Experience Provider access to the Services.
Rescheduling can be agreed between the Experience Provider and the Traveler. The rescheduling of a booking shall not affect the content of the booking in any way.
As a Traveler, you accept and agree that the rescheduling of a booking does not mean that you are entitled to cancel the Tour any later than 48 hours before the time when the Tour was originally scheduled to begin.
2.6 Prohibited activities
You accept, warrant and represent that you will comply with these Terms and any applicable laws, and that you will not use the Services in any manner that could be interpreted as contrary to the Terms or applicable laws.
You acknowledge and accept that the following is a non-exhaustive list of examples of behaviors that are prohibited when using the Services, Site or Application:
Accessing the Site or using the Services in violation of any laws or regulations or for any purpose violating any laws or regulations;
Making any advertisement not related to a Tour;
Communicating with another User unless the communication is related to booking, scheduling, changing or cancelling a Tour;
Explicitly or implicitly, in writing or orally suggesting or demanding that the performance or content of a Tour shall depend on any payments or services or any other conditions that are not clearly stated in the listing;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;
Circumventing the obligation to pay Live’s provision by making a deal outside of the Site, Application and Services, with another User who you found through the Services;
Causing nuisance, annoyance, inconvenience, or property damage;
Copying, storing or otherwise accessing or using any information obtained through the Services, Site or Application for purposes not expressly permitted by these Terms;
Infringing the rights of Live or the rights of any other third person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights.
In order to ensure the integrity of the Services, Live reserves the right to, at any time in its sole discretion, block Users from accessing the Services.
As a Traveler you understand and agree that use of the Services may result in charges to you for the services you receive from an Experience Provider, and that Live functions as a limited payment collection agent for payments related to the Services. Before a booking takes place, the Experience Provider shall inform you of the total price of a Tour, including VAT (Value Added Tax).
Payment will be pre-authorized or charged from the Traveler’s chosen method of payment at the time the Booking is accepted by the Experience Provider. If the Booking request is validly withdrawn as provided for in the Services before being accepted by the Experience Provider, Live undertakes to lift any reserved amounts and refund any collected amounts.
Before payment is facilitated to the Experience Provider, payment may be retained by Live for a period of 48 hours from the time when the Tour is scheduled to begin.
If a Traveler, within the first 48 hours following the time when the Tour was scheduled to begin, notifies Live that the Tour has not been performed or that the Experience Provider has otherwise substantially breached the agreement, Live may, in its discretion, retain payment until the complaint has been processed, but not for any period longer than 14 days from receiving the complaint.
Payment for a Tour shall be considered the same as payment made directly by the Traveler to the Experience Provider. If required by the applicable law, payments will include applicable taxes. Payments are final and non-refundable, unless Live determines otherwise.
If the chosen method of payment is declined, you will not be able to make a Booking.
4. DATA PRIVACY
5. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
i) LIVE MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT, DELIVERIES OR NON-DELIVERIES MADE BY TRAVELERS, EXPERIENCE PROVIDERS OR OTHER USERS.
ii) THE RISK AND RESPONSIBILITY FOR ACCESS TO AND USE OF THE SERVICES REMAINS SOLELY WITH YOU, AND iii) YOU ACCEPT THAT HAZARDOUS OR DANGEROUS ACTIVITIES MIGHT BE OFFERED IN CONNECTION WITH THE SERVICES AND THAT YOU PARTICIPATE IN SUCH ACTIVITIES SOLELY ON YOUR OWN RISK. LIVE HAS NO RESPONSIBILITY OR LIABILITY TOWARDS YOU FOR ANY CLAIMS ARISING OUT OF ACTIVITIES OFFERED BY AN EXPERIENCE PROVIDER.
YOU ACKNOWLEDGE AND AGREE THAT LIVE HAS NO OBLIGATION TO CONDUCT ANY SORT OF BACKGROUND CHECKS OR REGISTERED SEX OFFENDER CHECKS ON ANY USERS, INCLUDING TRAVELERS AND EXPERIENCE PROVIDERS.
5.2 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF PROFIT, ANTICIPATED SAVINGS, COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM, AMONG OTHERS
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICES OR RELIANCE UPON THE SERVICES OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LIVE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIVE’S TOTAL AGGREATED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES EXCEED ONE THOUSAND EUROS (EUR 1000). IN SOME JURISDICTIONS, THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN MATTERS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT FULLY APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold Live and its subsidiaries, affiliates, officers, employees, agents and partners harmless from any claims, demands, losses, liabilities and expenses, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
6. GOVERNING LAW AND DISPUTE RESOLUTION
The laws of Norway will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Norway. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
7. NO ENDORSEMENTS OR REPRESENTATIONS
Live does not endorse any Experience Provider, Traveler or Tour.
Experience Providers and Travelers are required by these Terms to provide accurate information. Although Live may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Experience Providers or Travelers, Live does not make any representations about any Experience Provider or Traveler or the purported identity or background of Experience Providers and Travelers. You acknowledge and agree that Live undertakes no obligation towards you, under any circumstances, to make additional inquiries into the identity or background of another Experience Provider or Traveler.
8. USER PROVIDED CONTENT
The Services include features for uploading and publishing of Content. You represent and warrant that no Content uploaded by you will infringe the rights of third parties. You further represent and warrant that you will not upload materials or content of a nature which is illegal under the applicable law.
Regardless of the applicable law, you represent and warrant that you will not upload any materials which include nudity, profane language, sexual or other harassment, violent content, racist content or otherwise discriminatory, offensive, misleading or deceptive content, or any content encouraging violent, discriminating or illegal behavior.
You understand and accept that uploading of content using the Services, means granting Live a global, perpetual, irrevocable, transferrable, royalty-free license, through which Live is given the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
9. ADDITIONAL TERMS FOR EXPERIENCE PROVIDERS
The terms and conditions set forth in section 9 are additional terms which apply for Experience Providers, together with all other provisions set forth in these Terms.
You acknowledge and accept that you do not act on behalf of Live. Tours are listed and performed at your own risk and expense. You are responsible for your own acts and omissions, as well as the acts and omissions of any person or entity assisting you.
In order for a listing to be made available through the Services, Live will require that you set out certain minimum specifications, terms and conditions, including the price and the estimated duration of a Tour. In addition to such minimum specifications, you are encouraged to further describe the specifications and content of a Tour with as much detail as possible.You understand and agree that when you accept a Booking, you are bound by any terms, conditions, specifications and descriptions set out in the listing of that Tour, including the number of participants for which the Tour was booked. You may not request the Traveler to pay a higher price than indicated in the listing.
You understand and agree that it is your responsibility to comply with any and all of the terms and conditions set out in these Terms. You also accept and agree that it is your responsibility to comply with all applicable local, state, federal and national laws, statutes, ordinances, and regulations, including but not limited to local guide licensing schemes, consumer protection laws, tax requirements, marketing laws and transportation regulations, as well as any applicable geographical restrictions. You also understand that you are responsible not to infringe any third party rights, including but not limited to intellectual property rights.
It is your sole responsibility as an Experience Provider to provide Travelers with all information required by local laws. If a Tour includes a combination of components making it a “package travel” under Directive (EU) 2015/2302 on package travel and linked travel arrangements, or other similar legislative acts applicable to the Tour, you shall completely indemnify and hold Live harmless from any monetary claims as a result thereof.
After the performance of a Tour, Travelers will be asked to rate the Tour. As an Experience Provider, you represent that you will refrain from any attempt to influence a Traveler’s rating of a Tour.
You further understand and agree that the placement of your listing in searches offered through the Services will depend on a variety of factors, including but not limited to, Traveler preferences, ratings and/or ease of Booking.
Live reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Live deems to be in violation of these Terms, or otherwise harmful to the Services.
Live encourages Experience Providers to obtain appropriate insurance for any equipment, vehicles or other assets that the Experience Provider employs in connection with the performance of a Tour.
If you cancel a confirmed Booking, you agree that Live may apply penalties or consequences to you or your listing, including (i) publishing an automated review on your listing indicating that a Booking 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.
10. MANDATORY PROVISIONS APPLICABLE TO ALL TOURS
The following limitations apply to all Tours offered through the Services and the listing or advertising of such Tours, unless Live in each individual case has agreed otherwise in writing.
No Tour listing may include advertisement which is not connected with the Tour or the performance of the Tour itself.