LIBE TERMS, CONDITIONS AND NOTICES
LIBE is an online service that enables users to research, find and book travel experiences worldwide. LIBE offers a variety of activities and services ("Products") made available by LIBE's mobile application ("Application"). This Application is provided to assist customers in gathering travel activity information, posting opinions of them and searching for and booking reservations for Products, and for no other purposes.
The terms "we", "us" and "our" refer to LIBE, a product of Eficaz Technology Solutions Limited. The term "you" refers to the customer using the Mobile App or visiting the Website.
This Application and the Products made available are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively, the "Agreement"). By accessing or using this Application in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Application or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.
We may change or otherwise modify the Agreement in the future and you understand and agree that your continued access or use of this Application after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on the Application. Be sure to return to this page periodically to review the most current version of the Agreement.
USE OF THE APPLICATION
As a condition of your use of this Application, you warrant that (i) all information supplied by you on this Application is true, accurate, current and complete, (ii) if you have a LIBE account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Application. LIBE does not knowingly collect the information of anyone under the age of 13.
Your use of this Application is intended for personal, noncommercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Application to make any speculative, false or fraudulent requests.
You further represent and warrant that you (a) have not previously been suspended by LIBE or otherwise banned from using the Application; (b) are not a direct competitor of LIBE; (c) you will not have more than one LIBE account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
We retain the right at our sole discretion to deny access to anyone to this Application and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
In accessing or using the Application, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. LIBE does not endorse such content and cannot vouch for its accuracy. You therefore access and use the Application at your own risk.
The content and information on this Application (including, but not limited to, messages, data, information, text, photos, graphics, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Application.
Additionally, you agree that you will not and will not assist or enable others to:
(i) use this Application or its contents for any commercial or unlawful purpose;
(ii) access, monitor or copy any content or information of this Application using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Application or any of its content for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Application or bypass or circumvent other measures employed to prevent or limit access to the Application;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
(v) deep-link to any portion of this Application for any purpose without our express written permission;
(vi) "frame", "mirror" or otherwise incorporate any part of this Application;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by LIBE;
(viii) use the Application to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Application;
(ix) use the Application to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(x) use the Application in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
(xi) use the Application to promote bigotry or discrimination against protected classes; use the Application to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(xii) use the Application to submit or transmit pornography or illegal content use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(xiii) attempt to gain unauthorized access to the Application user accounts through hacking, password mining or any other means;
(xiv) use any device, software or routine that interferes with the proper working of the Application or otherwise attempt to interfere with the proper working;
(xv) use the Application to violate the security of any computer network, crack passwords or security encryption codes;
(xvi) disrupt or interfere with the security of, or otherwise cause harm to, the Application; or
(xvii) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of Application Content, or features that enforce limitations on the use of the Application.
You need to create an account and provide information about yourself in order to use some of the features on the Application. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Your account is for your personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
We reserve the right to close your account at any time for any or no reason.
We may terminate or suspend your account or ability to use the Application, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your account or any other related information.
You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the Application. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
AS A USER OF THIS APPLICATION, YOU UNDERSTAND AND AGREE THAT: (1) LIBE WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH LIBE AND OTHER USERS.
You and other users can contribute content to the Application in a number of different ways, including submitting emails, writing reviews, making postings, uploading and posting photos, making comments or suggestions, submitting ideas, rating other users' contributions and making other similar contributions or submissions. We may use your Content in a number of different ways, including, among other things, displaying it on the Application, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it and distributing it.
Accordingly, please be aware that by submitting Content, you grant LIBE a worldwide, nonexclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Content. You acknowledge that LIBE may choose to provide attribution of your comments or reviews at our discretion. You further grant LIBE the right to pursue at law any person or entity that violates your or LIBE’s rights in the Content by a breach of this Agreement. You acknowledge and agree that Content is non-confidential and non-proprietary. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by LIBE or its successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release LIBE, and its successors and assigns, from any claims that you could otherwise assert against LIBE by virtue of any such moral rights.
LIBE may display advertisements and other information adjacent to or included with your Content on the Application. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
This Application may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials. If LIBE provides such interactive areas, you are solely responsible for your use of such areas and use them at your own risk. By using any interactive areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Application any of the following:
Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including LIBE;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the interactive area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of LIBE, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the interactive areas, or (d) may expose LIBE or its users to any harm or liability of any type.
You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by LIBE.
LIBE takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LIBE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, LIBE is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other interactive area.
Although LIBE has no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area, it reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Application at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Application at your sole cost and expense. LIBE has no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
Any use of the interactive areas or other portions of this Application in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or this Application.
PRODUCTS AND BOOKING RESERVATIONS
LIBE is not a travel agency and does not provide or own any services, activities, tours, or other travel experiences. Although LIBE displays information about travel experiences offered by third-party suppliers and facilitates reservations those suppliers, such actions do not in any way imply, suggest, or constitute LIBE’s sponsorship or approval of third-party suppliers, or any affiliation between LIBE and third-party suppliers. Although LIBE members may rate and review particular travel experiences based on their own experiences, LIBE does not endorse or recommend the products or services of any third-party suppliers. You agree that LIBE is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its Application.
If you book a reservation for a travel experience through the Application, you agree to review and be bound by the supplier’s terms and conditions and any other rules or policies related to the supplier’s travel experience. Your interactions with third-party suppliers are at your own risk. LIBE will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.
MODIFYING OR AMENDING YOUR BOOKING
All modifications and amendments to your booking must be done through LIBE's Application. LIBE does not charge a fee to amend or change the dates of an existing, as long as it is acceptable to the Supplier based on the condition they have set forth. It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed. All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; LIBE cannot guarantee the success of any date-change request. If you make a purchase by accepting a discount or special offer price during the checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete.
Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, and other Product features and/or requirements. As a result, LIBE reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at this Application, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the customer and agent as appropriate, in order to amend or re-issue the booking where feasible.
PRICING & INCLUSIONS/EXCLUSIONS
Prices listed on the Application are per person, unless otherwise specified.
Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by LIBE.
Price quotations are subject to change without notice, until a booking has been confirmed.
Unless otherwise specified, prices do not include any local taxes or use-fees.
Prices do not include tips/gratuities to service providers or guides.
PAYMENTS & CANCELLATIONS
When you book a reservation for a Product through the Application, LIBE collects your payment information and processes your payment. No refunds are available once a tour or service has commenced.
If you wish to cancel a reservation, the supplier's cancellation policy contained in the applicable product listing will apply to, and govern the terms of, your cancellation and any refunds. When canceling a booking, you will be notified via email of the total refund amount you will receive, if any.
The standard cancellation policy for suppliers is:
The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on LIBE, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.
PRIVATE TOUR GUIDES
LIBE provides customers with information and booking facility regarding private tour guides in many destinations. Private tour guides are independent contractors and not agents of LIBE. LIBE do a basic pre-screening process of them but do not conduct background checks on them. Hence, your use of private tour guides is at your sole risk.
Customers are responsible for working directly with private tour guides via LIBE messenger on scheduling, meeting time / place and tour specifics. LIBE makes no representations or warranties of any kind regarding private tour guides or their services.