Effective date: Jan 27, 2023
Please read these paid activity creator terms (“Paid Activity Creator Terms'', “Terms”) carefully. By using Locals Services to create, promote and collect payments from Paid Activity (referred to here as “Paid Activity Services” or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree and accept the following Paid Activity Creator Terms, which will bind you at all times and in whatever manner you use Paid Activity Services. If you do not agree, or you do not have the authority to accept these Paid Activity Creator Terms, you must not use the Paid Activity Services.
Locals.org, Inc. or any of our affiliated entities (referred to here as “Locals”, “we”, “us”, “our”, “Locals”) permit you to use the Locals Services and create a Paid Activity only in accordance with these Paid Activity Creator Terms.
You should note the following rules which apply to these Paid Activity Creator Terms:
the headings do not affect the interpretation of any provisions;
where we use the singular of a word, this also includes the plural (or vice versa); and
if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e., where we use such words, we are providing examples only and the examples are not exhaustive).
NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE LOCALS SERVICES FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
2. Application of these Terms
In addition to these terms, you agree to comply with our Community Guides when using Locals Services, which are part of these Terms. Our Community Guides can be found here.
All capitalised terms not defined here have the meaning given to them in the app terms.
If you have any questions, concerns, or comments about these Paid Activity Creator Terms, please contact us.
3. Changes to these Terms
We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access Paid Activity to ensure you understand the terms that apply at that time.
Where possible and provided you have registered an account with us, we will try to notify you of any changes to these Paid Activity Creator Terms by email or a pop-up notice when you next access your account.
If you do not agree to any changes to these Paid Activity Creator Terms that we may make, do not use Paid Activity Service. In addition, you may close your account by contacting us.
We may update and change our Website and our App from time to time, to reflect changes to needs of our users and business. We will try to give you notice of any major changes.
4. Paid Activity Service
The Paid Activity Service provides you with the ability to use Locals Services to create, promote and host an Activity and monetize sales from registrations to an Activity. Each Activity that you choose to monetize by selling a registration is referred to as your “Paid Activity”. Participants using Paid Activity Service may make a one-time payment to purchase a registration to participate in your Paid Activity.
You will be permitted to create a Paid Activity through the App (all such persons referred to herein as “Paid Creator”) and offer your Paid Activity directly to other Users via the Locals Services.
When you set up and schedule your Paid Activity, you will determine the specific price of each Paid Activity and other specific requirements to participate in Paid Activity.
You should publish your Paid Activity in accordance with Paid Activity Quality Standards and you must continue to follow these standards to be available at Locals. If a Paid Activity doesn’t meet these standards, these Paid Activity and/or your account may be restricted, suspended, or removed from Locals.
5. Your Content
You acknowledge that any information about your Paid Activity may be publicly available on Locals Services and we may handle and analyse content from your Paid Activity in the same manner as publicly available content.
6. Additional Information
We may require additional verifications or other information from you to use our Paid Activity Service. If any information you provide is incomplete or inaccurate, you may not be able to use it in the Paid Activity Service. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
7. Failure to Provide
We reserve the right to suspend your use of Paid Activity Service if we reasonably believe that your account information is inaccurate or if you fail to provide all required information within the timeframes requested or does not comply with Paid Activity Quality Standards.
8. Registration with Payment Processor
You will first need to create an account with the Payment Processor (specified below) who will require you to meet certain identity verification requirements, such as providing proof of identity and/or residence.
You will also be required to submit payment and tax information to the Payment Processor. If Locals or the Payment Processor determines as part of the application or payment onboarding process, or later, that payments cannot be made to you for any reason, you cannot use Paid Activity Service. By accepting these Terms, you expressly authorise Locals to access your transaction data about your Payment Processor connected account activity and transactions and to conduct other activities in connection with the processing and monitoring of revenue share payments under these Terms.
9. Payment Process
Payment Methods. All sales proceeds from Paid Activity are directly transferred to the Paid Creator, including, but not limited to Paid Activity direct costs, any taxes, less Payment Processor Fee and Locals Fee. (“Direct Payments''). Paid Creator will collect all Direct Payments through the applicable Payment Processor and Locals accept no (and disclaims all) obligation or liability with respect to such collection or the performance or nonperformance of such Payment Processor. Direct Payments are selectively available and may not be available to all Paid Creators. Only Paid Creator duly registered and authorised by Locals and Payment Processor may revenue Direct Payments. No money will be taken until Participant have been approved to participate in a Paid Activity by you. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.
Payment Processor. Locals use a third party payment processor, such as Stripe (“Payment Processor”) to process payments for registrations to Paid Activity.
Payment Processor Terms. The processing of Direct Payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. We are not responsible for errors by the Payment Processor.
Payment Processor Fee. Payment Processors may charge a fee for facilitating the transaction, which may be deducted from your Direct Payment ("Payment Processor Fee").
Locals Fee. Paid Creator agrees to pay Locals all applicable service fees, specified on the page of creating Paid Activity, for each registration paid via Paid Activity Service ("Locals Fee"). Note that Locals Fees are subject to change from time to time with respect to transactions that occur following the change.
Transaction Limit. For risk management and security reasons and to meet the requirements imposed by our Payment Processor, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through Direct Payments and you authorise us to reject any transaction over that limit.
Currency. Direct Payments only available in certain currencies and for Paid Creators in certain locations.
Refunds. All Direct Payments, Locals Fee and Payment Processor Fee are final and non-refundable, unless required by law. Paid Creator will remain fully responsible for chargeback costs and refunds. Paid. Creator will bear sole responsibility for meeting its refund obligations under these Terms and the Paid Creator’s refund policy. Participants should contact the Creator directly in respect of any request for chargebacks or refunds.
Chargebacks. Chargebacks and transaction reversals (collectively, “Chargebacks”) can occur, including when a Participant disputes a transaction with a Payment Processor. As an Paid Creator, you are responsible for paying and reimbursing promptly and fully for any Chargebacks in connection with your Direct Payments and for all fees (together with Chargebacks, “Chargeback Costs”) that we, Payment Processor Partners, or any of our other partners incur in connection with your Chargebacks.
10. Paid Activity Creator Responsibilities
When creating a Paid Activity, you must, where applicable, fully educate and inform Participant about:
any risks inherent or incidental to the Paid Activity;
any requirements for participation, such as the minimum age, related skills, or level of fitness, and anything else Participants may need to know to safely participate in the Paid Activity (including dress codes, equipment, special certifications, or licences, etc.).
And any other information specified in the Paid Activity Quality Standards.
When hosting or attending a Paid Activity, you must act with respect towards other Users. In particular, you must not:
do anything that is not permitted under applicable local, national, or international law or regulation;
act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
harm or attempt to harm any User, or any other adult, child, or animal, in any way; or
bully, insult, intimidate or humiliate any User or other person.
You are responsible for:
providing truth, honest and accurate information about you as a Paid Creator and your Paid Activity;
understanding and complying with all laws, rules and regulations that may apply to your Paid Activity and payments for your Paid Activity;
obtaining any required insurances, licences, permits, or registrations prior to providing your Paid Activity; and
ensuring that your creating and/or hosting of a Paid Activity will not breach any agreement you may have with any third party.
We may impose additional limits based on applicable law or policies. Violation of any of the above rules and restrictions may lead to restriction, suspension or termination of your use Paid Activity Service or suspicion or blocking of your account.
You are responsible for promptly responding to any inquiries and requests, regarding Paid Activity. You further acknowledge that you are responsible for any disputes relating to your Paid Activity. Notwithstanding with forgoing, you agree that Locals customer support team can make determination on refund and/or chargeback requests that are directed to Locals in response to customer complaints and to comply with applicable laws and regulations.
The Paid Creator is responsible for providing all equipment, including supplies, vehicles, venues, and other materials ("Equipment") necessary to host a Paid Activity. The Paid Creator is solely responsible for ensuring that the Equipment used in an Paid Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Paid Creator assumes all risk of damage or loss to Equipment. Locals expressly disclaims any liability whatsoever arising out of the use or failure of Equipment at a Paid Activity, and the Paid Creator agrees to hold Locals harmless from the same.
To the extent required by law, or when required by us directly, the Paid Creator must obtain insurance in amounts sufficient to cover the Paid Activity. Locals reserves the right to require proof of insurance for any Paid Activity, and the Paid Creator agrees to cooperate with Locals to verify such insurance coverage. We may refuse to allow the Paid Creator to create or publish an Paid Activity within the Locals Services in the absence of such insurance. All insurance shall cover the Paid Creator, the members of his team or organization, and/or the Paid Activity with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on the Paid Activity. We may also require that the Paid Creator name us as an additional insured on any insurance policy in our sole discretion.
We may also exercise any of our rights and remedies under this Section regarding recovery of such amounts due and owing to us from you.
In addition, you agree that we may demand back any Direct Payments (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Paid Creator profile, or the underlying event (s)’ risk, or branches of the applicable Terms. Where under applicable law, Direct Payments are subject to any chargeback or refund process, we under our sole discretion may demand to process a refund or chargeback by Paid Creator or suspend, set-off (against any future revenue share payments due to you), invoice you or otherwise recoup the amount of those payments previously made or credited to you, including but not limited to any applicable expenses, legal and other fees.
11. Cancellation; Non Performance
Paid Creator should avoid changing or cancelling a confirmed Paid Activity whenever possible. If a change or cancellation is necessary, Paid Creator must do so with timely notice to the Participant. Cancellations should be rare, unless for weather, safety, or force majeure reasons.
Paid Creator will remain fully responsible for chargeback costs and refunds. Paid Creator will bear sole responsibility for meeting its refund obligations under these Terms and the Creator’s refund policy.
Paid Creator agrees to notify Participants of Paid Activity cancellation as soon as reasonably possible and prior to the Paid Activity start time.
Paid Creator will be the main contact for Participants with Paid Activity requests and complaints, including refund requests (“Claims”), and Paid Creator will instruct the Participants not to contact Locals with Claims.
Paid Creator will provide clear instructions and contact information to Participants so that Participants may make any Claims.
Paid Activity Disputes. All disputes regarding Paid Activity are between Paid Creator and its Paid Activity Participants (“Paid Activity Disputes”). In the event of Paid Activity Dispute, Locals may try to mediate, but ultimately it is Paid Creator obligation to settle the dispute.
In the event Locals discovers that you are infringing these Terms or any applicable law, Locals may take any or all of the following actions in its discretion in addition to any and all remedies, specified in these Terms or in applicable law:
suspend or terminate your Locals Account;
suspend or terminate these Terms;
alter, edit, restrict, suspend or remove any your Paid Activity or any portion thereof;
disconnect your Payment Processor's account;
block, reverse or refund any or all of your transactions.
By exercising right on remedies Locals is not waiving or prejusting any other rights under these Terms.
13. Non-exclusive Remedies
If Paid Creator fails to pay Locals any amount of owed pursuant to the applicable Terms when due and following late payments, such amount will bear interest calculated from the date due until paid in full at a rate equal to the lesser of 0,01 percent per day and to the maximum amount permitted by applicable laws.
Paid Creator will be solely responsible for complying with the collection, payment, and reporting of all applicable taxes, including but not limited to duties, value-added taxes, and taxes as required by international tax treaties, in connection with these Terms.
15. Independent Contractors
Both Locals and Paid Creator agree that the relationship of Locals and Paid Creator established by these Terms that of independent contractors and, except as otherwise specifically provided herein, nothing contained in these Terms shall be construed to give either party the power to direct and control the day-to-day activities of the other, constitute the Parties as partners, joint venturers, franchisor-franchisee, co-owners, legal representation, permanent residence (corporate or tax) or otherwise as participants in a joint or common undertaking, allow either Party to create or assume any obligation on behalf of the other Party for any purpose whatsoever or create an employment relationship.
Paid Creator may not create an impression to Users that Paid Activity is sponsored, organised or co-hosted by Locals, except otherwise agreed by the parties.
16. Representation and warranties
Paid Creator represents and warrants to that: (i) you have all necessary right, title, licence and authority to enter into and perform its obligations under these Terms; (ii) all of the information provided by you to Locals and/or the Payment Processor to enrol and participate in the Paid Activity Service is correct, accurate, complete and current at all times Paid Creator represents that any materials used in the Paid Activity Services will not (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any law, statute, ordinance, or regulation.
The success of the Paid Activity Service depends on numerous factors beyond Locals control. Paid Creator therefore acknowledges and agrees that the promotion or sale of the Paid Activity (and related receipts) is speculative. Locals does not make any, and expressly disclaims all, representations and warranties as to the profits, revenues or potential success of the Paid Activity and, except as otherwise provided in these Terms, no liability shall be imposed upon Locals based on any claim that (i) more sales or revenue could have been made or earned and/or (ii) better prices or terms could have been obtained.
17. Our Liability to You
Locals assumes no liability of any kind whatsoever for any outcome of any interaction (online or offline) resulting from the Paid Activities (including the cancellation of an Paid Activity), Content or Locals Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Locals Services.
Although we use our reasonable efforts to update the Locals Content and the Locals Services as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the Locals Services are accurate, complete, and up-to-date, or to the suitability of the Locals Services or the Content for you.
Please note, although we provide the Locals Services so that individuals may connect and enjoy Paid Activities, we are not responsible for the Paid Activities themselves, or any consequences of hosting or attending an Paid Activity arranged through the Locals Service.
We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or Locals Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the Locals Service. We also do not assume any liability arising from the cancellation of a Paid Activity.
We do not guarantee that our Locals Service, or any content on it, will always be available or be uninterrupted.
To the fullest extent permitted by law we make no warranties as to our Locals Services or content. You agree that our Locals Services and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Locals Services or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of Locals Services or the Content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Locals Services or the Content or their correctness, accuracy, timeliness, reliability or otherwise.
You are responsible for the information you share with other Users when you disclose information on the Locals Service. We are not responsible for the conduct of any User of the Locals Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate outside of the Locals Services or participate in an activity as a Participant.
Please be aware that we do not conduct criminal background or similar checks on any Users or otherwise inquire into the background of the Users (in each case including Paid Creators or Participants). You are solely responsible for all of your communications and interactions with other Users, and you should ensure you take appropriate precautions when communicating with other Users or attending or hosting activities. We make no commitments, and assume no liability, in connection with the conduct of the Users, on or off the Locals Service. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the content or Locals Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through Locals Service.
To the fullest extent permitted by law we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone (including Paid Creators or other Users) or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Locals Services or the Content, or in any way or in any location. Locals assumes no liability whatsoever on any theory of recovery related to Paid Activities.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users, including you.
We are also not responsible to you if our provision of the Locals Services is delayed by an event or cause outside our control.
To the extent you are aware of suspicious, fraudulent, or behaviour, please immediately report it to us. You should block and report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behaviour, and (c) inappropriate or harmful behaviour of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.
If digital content that we have supplied is defective and damages any device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage to your device or pay you reasonable compensation. However, we will not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for any damage that was caused by you failing to correctly follow any of our instructions or to have in place any minimum system requirements that we advise you of.
To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the Locals Services or its content, or in any way or in any location in connection with any Activity, the Locals Services and/or the Content.
We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these Terms shall be limited to one hundred pounds sterling (£100).
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON THE LOCALS SERVICES OR CONTENT, OR ON THOSE AFFILIATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS; INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES.
18. Your Liability to Us
You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Locals, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the Locals Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defence or settlement of any such matters.
You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.
To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the Locals Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.
We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defence or settlement of any such matters.
If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Locals Services or Paid Activity Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to Locals Services or Paid Activity Services at contacting us.
We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
Paid Creator may terminate use of these Paid Activity Services, at any time by following the on-screen instructions or by contacting us.
In the case of termination of these Paid Activity Creator Terms we may disconnect your Payment Processor's account.
Locals may choose to stop offering Paid Activity Service, or any particular portion of the Paid Activity Service, or modify or replace any aspect of Paid Activity Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Paid Activity Service, where, in Locals's sole discretion, failure to do so would materially prejudice you. You agree that Locals will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access Paid Activity Service.
All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Statute of Limitations (APPLICABLE TO U.S. USERS ONLY)
21. BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE (APPLICABLE TO U.S. USERS ONLY)
Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: Locals.org, Inc, 8 The Green, Suite #10745, Dover, DE 19901 or by emailing email@example.com. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
Additional Arbitration Provisions:
Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE LOCALS SERVICES BY WRITING TO HTTPS://LOCALS.ORG/CONTACT-US OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE LOCALS SERVICE.
No Trial by Jury. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
Severability. 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.
International Use. You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other governmental entity of your jurisdiction imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
Applicable Law and Jurisdiction.
For members residing in the United Kingdom (UK), European Union (EU) or European Economic Area (EEA) or elsewhere where our arbitration agreement is prohibited by law, the laws of England, excluding conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Locals Services. For the avoidance of doubt, the choice of English governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for members residing in the UK, EU or EEA who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Locals Services, or to your relationship with Locals that for whatever reason are not submitted to arbitration will be litigated exclusively in the courts of England.
If you are U.S. User, this Agreement, and all claims and causes of action in connection with, arising under or relating to the subject matter of these terms and conditions, in the broadest possible way, including tort claims (the “Claims”), shall be governed by, and construed in accordance with the laws of the State of Delaware without regard to its choice of law principles. To the extent applicable, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The choice of law designated herein shall apply to all factual and legal issues relating to or arising under the contract and shall survive termination of this Agreement.
If you are a U.S. User, User, further you and Locals agree to the jurisdiction of Delaware to resolve any Claims that relate to or arise in connection with these Terms and that are not subject to mandatory arbitration under Section 26.
No Waiver. 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 non-compliance with any of these Terms, 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.
23. Contact Us
If you have any questions or concerns regarding these Terms, you may contact us by email.