Terms & Conditions
Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
In particular, a Qooley should understand how the laws work in their respective cities. Depending on the type or nature of a services offered, there may be certain laws restricting the Qooley from offering those services without a permit, or a license. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. A Qooley should review local laws before listing a “Activity” on QooleyBiz.
- General Terms
Qooley provides an online platform that connects locals (the “Qooley”, or “Service Provider”) who offer various travel-related activities (collectively, the “Activities”, or the “Services”). These Activities are accessible via applications available on mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
If you are using the Application or Activities and you reside in the USA, these Terms of Service are between you and Qooley, LLC. If you are a traveler residing in a different country, but utilize services offered on the Application when visiting USA, these Terms & Conditions are between you and Qooley, LLC.
Payment Services provided via the Application by Qooley, LLC are subject to the Payment Policies (“Payments Terms“).
“Qooley Application” means the Application used by Traveler to book any “Activity” or “Service”
“QooleyBiz Application” means the Application on which a local can register to be a “Qooley”.
“Site” means the website http://www.Qooley.com
“Qooley” means the local (or, the “Service Provider”) who creates “Service” or “Activity” on QooleyBiz Application for the purposes of listing the “Service” or “Activity” on Qooley Application for the travelers to be able to book.
“Traveler” means the person(s) booking any “Activity” or “Service” via the Qooley Application.
“Activity” means services offered by a Qooley (or, the “Service Providers”).
“Member” means any user registered on the Application or Site (Traveler and/or Qooley).
“Qooley Content” means all Content that Qooley, LLC makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Traveler (as determined by Qooley, LLC in its sole discretion), within which a Qooley (or, the “Service Provider”) may decide whether to confirm or reject that Booking Request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Communication” means an email, message via the Application, text message or phone call.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Collective Content” means Member Content and Qooley Content.
“Qooley Credit” means credits earned by Members as awarded by Qooley, LLC for using the Application or Site.
- Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
The site, application and services comprise an online platform through which a “Qooley” may create listings for an “Activity” (or “Service”) and travelers may learn about and book the “Activity” (or “Service”) directly with the Qooley. You understand and agree that Qooley, LLC is not a party to any agreements entered into between Qooley (or “Service Providers”) and Travelers, nor is Qooley, LLC a travel agent or travel agency. Qooley has no control over the conduct of Qooley (or “Service Providers”), travelers and other users of the site, application and services, and disclaims all liability in this regard to the maximum extent permitted by law.
As a Qooley, if you choose to create an “Activity” or “Service” on QooleyBiz application for the purposes of listing it on Qooley Application, you understand and agree that your relationship with Qooley, LLC is limited to being a member and an independent, third-party contractor, and not an employee, agent, a joint venture or partner of Qooley, LLC for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Qooley, LLC. Qooley, LLC does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Qooley, LLC, including by inappropriately using any Qooley, LLC’s intellectual property.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services (including, where applicable, programs such as the traveler protection insurance program, whether or not you have registered with the site and application.
Customer acknowledges and agrees that Qooley applications is a technology platform that enables access to request ground transportation or other services provided by independent providers. Qooley is not a transportation provider. Qooley does not guarantee availability of transportation or any other service, on-time arrivals or departures thereof, or any other services levels related to independent transportation or other providers that may be obtained via the Qooley service.
If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content. If you accept or agree to these Terms & conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- Modifications to Terms & Conditions
Qooley, LLC reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Member Account with Qooley, LLC you will be deemed to have accepted the changes.
- Member Eligibility
The use of Application and Site are intended solely for persons who are 18 or older. Any access to or use of the Application and Site by anyone under 18 is expressly prohibited. By accessing or using the Application and Site you represent and warrant that you are 18 or older.
If Qooley, LLC learns of, or receives reports of any Member Account(s) created under false pretenses via other Members on the platform or relatives of the Member including parents or legal guardian, the Company (Qooley, LLC) will take necessary actions to remove all content related to the account and deactivate the account permanently.
For users in the United States, Qooley, LLC will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion.
You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Qooley, LLC’s vendors.
- Member Account Registration
In order to access certain features of the Site and Application, and to book an “Activity” (or “Service”) or create a listing, you must register to create an account (“Qooley Member Account”) and become a Member. You may register to join directly via the Application or as described in this section. As a Traveler, you can register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook or Google; each such account, a “Third-Party Account”), via our Application, as described below.
As a Member, you can become a Qooley by registering on the QooleyBiz Application. To become a Qooley, you must register with your telephone number. Qooley, LLC will verify the telephone number by sending a verification code. In order to proceed with the registration process as a Qooley, the member must be able to verify the phone number provided at the time of registration.
As part of the functionality of the Application and Site, you may link your Qooley Member Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Qooley through the Application; or (ii) allowing Qooley, LLC to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Qooley, LLC and/or grant Qooley, LLC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Qooley, LLC to pay any fees or making Qooley, LLC subject to any usage limitations imposed by such third-party service providers. By granting Qooley, LLC access to any Third-Party Accounts, you understand that Qooley, LLC will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Application via your Qooley Member Account and Qooley Member Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Qooley Member Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Qooley, LLC’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Qooley Member Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Qooley, LLC makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Qooley, LLC is not responsible for any SNS Content.
Your Qooley Member Account and your Qooley Member Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Qooley Member Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Qooley, LLC reserves the right to suspend or terminate your Qooley Member Account and your access to the Site, Application and Services if you create more than one (1) Qooley Member Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Qooley Application you are not permitted to share your Qooley Member Account with anyone or allow others to access or use your Qooley Member Account. Qooley, LLC may enable Application features, in our discretion, that allow other Members to take certain actions associated with your Qooley Member Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional “Service Provider”. You agree that you will take sole responsibility for any activities or actions under your Qooley Member Account, whether or not you have authorized such activities or actions. You will immediately notify Qooley, LLC of any unauthorized use of your Qooley Member Account.
- Activity (or “Service”) Listings
As a registered Qooley, you may create “Activities” (or “Services”). To create an “Activity” (or “Service”), you will be asked a variety of questions about the “Activity” (or “Service”) to be listed, including, but not limited to, the location, capacity, size, features, and availability of the “Activity” (or “Service”) and pricing and related rules and financial terms. In order to be featured in search results via the Application and Site, all “Activities” (or “Services”) must have valid physical addresses. Listings of your “Activity” (or “Service”) will be made publicly available via the Application and Site. You understand and agree that the placement or ranking of such listings in search results may depend on a variety of factors, including, but not limited to, Traveler and Qooley preferences, ratings, distance and/or ease of Booking.
Other Travelers will be able to book your “Activity” (or “Service”) via the Application and Site based upon the information provided in your listing, your requirements, and Travelers’ search parameters and preferences. You understand and agree that once a Traveler requests a Booking of your “Activity” (or “Service”), you may not request the Traveler to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all “Activity” (or “Service”) listings and Member Content you post. Accordingly, you represent and warrant that any listing you post and the Booking of, or a Traveler’s experience at, an “Activity” (or “Service”) in a listing you post (i) will not breach any agreements you have entered into with any third parties (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any “Activity” (or “Service”)you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
PLEASE NOTE THAT QOOLEY, LLC ASSUMES NO RESPONSIBILITY FOR A QOOLEY’S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES AND REGULATIONS. QOOLEY, LLC RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY LISTING OF “ACTIVITY” (OR “SERVICE”) FOR ANY REASON, INCLUDING LISTINGS THAT QOOLEY, LLC, IN ITS SOLE DISCRETION, CONSIDERS TO BE OBJECTIONABLE FOR ANY REASON, IN VIOLATION OF THESE TERMS OR QOOLEY, LLC’S THEN-CURRENT POLICIES AND COMMUNITY GUIDELINES OR STANDARDS, TRADEMARK & BRANDING GUIDELINES, OR OTHERWISE HARMFUL TO THE SITE AND APPLICATION.
If you are a Qooley, you understand and agree that Qooley, LLC does not act as an insurer or as your contracting agent. If a Traveler requests a Booking of your “Activity” (or “Service”) and participates in your “Activity” (or “Service”), any agreement you enter into with such Traveler is between you and the Traveler and Qooley, LLC is not a party to it.
If you are a registered Qooley, Qooley, LLC makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Booking for your “Activity” (or “Service”). You acknowledge and agree that, as a registered Qooley, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who present themselves at the “Activity” (or “Service”) at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the “Activity” (or “Service”), if applicable).
Qooley, LLC recommends that the Qooley(s) obtain appropriate insurance (including, but not limited to Vehicle Insurance) for their “Activity” (or “Service”). Please review any insurance policy that you may have for your “Activity” (or “Service”) carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Travelers (and the individuals the Traveler invites to the “Activity” (or “Service”), if applicable) while participating in your “Activity” (or “Service”).
- Driving Services
By providing Services as a Driver on the Qooley Platform, you represent, warrant, and agree that:
- You are responsible for providing proof of age indicating that you are 21 years of age or older
- You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
- You have a valid policy of liability insurance, including but not limited to General Liability Insurance, and/or Commercial Auto Liability Insurance, and/or Comprehensive Ride Share insurance from your personal insurance carrier (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Qooley community or third parties.
- You will only provide Services using the vehicle that has been reported to, and approved by Qooley, and for which a photograph has been provided to Qooley, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You will not make any misrepresentation regarding Qooley, LLC, the Qooley Platforms, the Services or your status as a Driver.
- You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Qooley or Riders on the Qooley Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
- You will make reasonable accommodation for Riders and/or for service animals, as required by law
- You agree that the Company (Qooley, LLC) may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- You understand that you are responsible for any injury or harm caused to Traveler(s) in your vehicle is solely your responsibility and the Company (Qooley, LLC) will not take any responsibility of such injury or harm caused to the Traveler(s).
- No Endorsement
Members are required by these Terms to provide accurate information. Although Qooley, LLC may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for a Qooley Member Account, you agree that Qooley, LLC may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site and Application to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Qooley, LLC about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Application and Site. We therefore recommend that you always exercise due diligence and care when deciding whether to interact with a Qooley or to accept or preapprove a Booking request from a Traveler, or to have any other interaction with any other Member.
By using the Application or Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Qooley, LLC with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Application or Site regarding any Bookings or “Activity” (or “Service”) listings made by you. This limitation shall not apply to any claim by a Qooley against Qooley, LLC regarding the remittance of payments received from a Traveler by Qooley, LLC on behalf of a Qooley, which instead shall be subject to the limitations described elsewhere in this agreement.
- Damage to Property
You acknowledge and agree that, as a Traveler, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the “Activity” (or “Service”). In the event that a Qooley claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Both Travelers and Qooley(s) agree to cooperate with and assist Qooley, LLC in good faith, and to provide Qooley, LLC with such information and take such actions as may be reasonably requested by Qooley, LLC, in connection with any Damage Claims or other complaints or claims made by Members relating to “Activity” (or “Service”) or with respect to any investigation undertaken by Qooley, LLC or a representative of Qooley, LLC regarding use or abuse of the Application or Site. If you are a Traveler, upon Qooley, LLC’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Qooley, at no cost to you, which process will be conducted by Qooley, LLC or a third party selected by Qooley, LLC or its insurer, with respect to losses for which the Qooley is requesting payment from Qooley, LLC.
- User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Application, Site, “Activity” (or “Services”) and Collective Content. In connection with your use of the Site, Application, “Activity” (or “Service”) and Collective Content, you may not and you agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court.
- Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access any web pages or other services contained in the Application, Site or Collective Content
- Use the Application, Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms & Conditions or in a manner that falsely implies Qooley, LLC endorsement, partnership or otherwise misleads others as to your affiliation with Qooley, LLC; dilute, tarnish or otherwise harm the Qooley, LLC brand in any way, including through unauthorized use of Collective Content, registering and/or using Qooley, LLC or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Qooley, LLC domains, trademarks, taglines, promotional campaigns or Collective Content copy, store or otherwise access or use any information contained on the Application, Site or Collective Content for purposes not expressly permitted by these Terms& Conditions; infringe the rights of Qooley, LLC or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right interfere with or damage our Application or Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Application or Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
- Use our Application, Site or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to “Activity” (or “Service”) offered on the platform; “stalk” or harass any other user of our Application, Site or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Qooley, LLC Traveler or Qooley; offer, as a Qooley, any “Activity” (or “Service”) that you do not yourself list.
- Register for more than one Qooley, LLC Account or register for an Qooley, LLC Account on behalf of an individual other than yourself; unless Qooley, LLC explicitly permits otherwise.
- Contact another Member for any purpose other than asking a question related to a Booking or “Activity” (or “Service”) listing; recruit or otherwise solicit any Qooley or other Member to join third-party services or websites that are competitive to Qooley, LLC, without Qooley, LLC’s prior written approval; recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval.
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; use the Application, Site or Collective Content to find a Qooley or Traveler and then complete a Booking of an “Activity” (or “Service”) independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Qooley, LLC’s provision of the Services or for any other reasons.
- As a Qooley, submit any listing of “Activity” (or “Service”) with false or misleading information, including price information, or submit any listing of “Activity” (or “Service”) with a price that you do not intend to honor.
- As a Member, engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Application or Site; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances
- As a registered Member or not, systematically retrieve data or other content from our Application or Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, “crawlers”, or “spiders”, or otherwise; use, display, mirror or frame the Site, Application, or Collective Content, or any individual element within the Site, Application, or Collective Content, our company’s (Qooley, LLC) name, any Qooley, LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Application or Site without Qooley, LLC’s express written consent.
- Access, tamper with, or use non-public areas of the Application or Site, or our company’s (Qooley, LLC) computer systems, or the technical delivery systems of Qooley, LLC’s providers; attempt to probe, scan, or test the vulnerability of any Qooley, LLC system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Qooley, LLC or any of Qooley, LLC’s providers or any other third party (including another user) to protect the Site, Application or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Collective Content;
- Advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for any listings of “Activity” (or “Service”) Fees outside Qooley, LLC Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Qooley, LLC harmless from any liability for such payment. Qooley, LLC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms & Conditions, Qooley, LLC may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Qooley Member Account, for a violation of this Section or these Terms & Conditions.
- Qooley, LLC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Qooley, LLC or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms & Conditions, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Qooley, LLC, its users, or members of the public. You acknowledge that Qooley, LLC has no obligation to monitor your access to or use of the Site, Application, or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms & Conditions, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms & Conditions. Qooley, LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Qooley, LLC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms & Conditions or otherwise harmful to the Application or Site.
- Reporting Misconduct
If you feel the Member(s) participating in any “Activity” (or Service) is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Qooley, LLC by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Intellectual Property Ownership and Rights Notices
The Site, Application, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, and Collective Content, including all associated intellectual property rights, are the exclusive property of Qooley, LLC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Qooley, LLC used on or in connection with the Application or Site are trademarks or registered trademarks of Qooley, LLC in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, and Qooley, LLC Content are used for identification purposes only and may be the property of their respective owners.
- Application License
Subject to your compliance with these Terms & Conditions, Qooley, LLC grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application, you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Qooley, LLC reserves all rights in the Application not expressly granted to you by these Terms & Conditions.
- Qooley, LLC Content and Member Content License
Subject to your compliance with these Terms & Conditions, Qooley, LLC grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Qooley, LLC Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms & Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Qooley, LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
- Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, or through Qooley, LLC’s promotional campaigns, you hereby grant to Qooley, LLC a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Application and Site. Qooley, LLC does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, or through Qooley, LLC’s promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, or through Qooley, LLC’s promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Qooley, LLC the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Qooley, LLC’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, or Qooley, LLC’s promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Links & APIs
The Application and Site may contain links to third-party websites or resources. You acknowledge and agree that Qooley, LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Qooley, LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Payment Terms
Stripe Connected Account Agreement:
Payment processing services for activity providers on Qooley platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as an activity provider on Qooley platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Qooley, LLC enabling payment processing services through Stripe, you agree to provide Qooley, LLC accurate and complete information about you and your business, and you authorize Qooley, LLC to share it and transaction information related to your use of the payment processing services provided by Stripe.
- Copyright Policy
Qooley, LLC respects copyright law and expects its users to do the same. It is our company’s (Qooley, LLC) policy to terminate in appropriate circumstances the Qooley Member Accounts or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Termination, Suspension and Other Measures
You may terminate these Terms & Conditions at any time via the “Deactivate Account” feature on the Application or Site. If you cancel your Qooley Member Account as a Qooley, any confirmed Bookings will be automatically cancelled and your Travelers will receive a full refund. If you cancel your Qooley, LLC Account as a Traveler, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Qooley, LLC may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
- Termination for breach, suspension and other measures
Qooley, LLC may immediately, without notice terminate your Qooley Member Account if (i) you have materially breached these Terms & Conditions or our Policies, including but not limited to any breach of your warranties outlined in these Terms & Conditions or breach of the “User Conduct” provisions in these Terms & Conditions, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Qooley Member Account registration, or listing process of any “Activity” (or “Service”) or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Qooley, LLC believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, our company (Qooley, LLC) or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Qooley, LLC may deactivate or delay listings of any “Activity” (or “Service”), reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Qooley Member Account and the Application or Site, temporarily or permanently revoke any special status associated with your Qooley Member Account, or temporarily or permanently suspend your Qooley Member Account if (i) you have breached these Terms & Conditions or our Policies, including material and non-material breaches and receiving poor ratings from Qooley(s) or Traveler(s) or (ii) our company (Qooley, LLC) believes in good faith that such action is reasonably necessary to protect the safety or property of Members, our company (Qooley, LLC) or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described in this Section 18 (c), we may (i) communicate to your Traveler(s) or Qooley(s) that a pending or confirmed Booking has been cancelled, (ii) refund your Traveler(s) in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Traveler(s), on an exceptional basis, in finding potential alternative “Activity” (or “Service”), and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by our company (Qooley, LLC) and an opportunity to resolve the issue to our company’s (Qooley, LLC) reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Qooley, LLC Account or any of your Member Content. If your access to or use of the Application and Site has been limited or your Qooley Member Account has been suspended or this Agreement has been terminated by us, you may not register a new Qooley Member Account or attempt to access and use the Application and Site through other Qooley Member Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Application, Site or Collective Content or participate in the referral program, you do so at your sole risk. You acknowledge and agree that Qooley, LLC does not have an obligation to conduct background or registered sex offender checks on any member, including, but not limited to, Traveler(s) and Qooley(s). But may conduct such background or registered sex offender checks, in our sole discretion, to the extent permitted by applicable laws and if we have sufficient information to identify a member. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
The site, application, services, collective content and referral program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Qooley, LLC explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Qooley, LLC makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Qooley, LLC makes no warranty regarding the quality of any listings, accommodations, Qooley(s), Traveler(s), your accrual of Qooley Credits, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or referral program.
No advice or information, whether oral or written, obtained from Qooley, LLC or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Application or Site and with other persons with whom you communicate or interact as a result of your use of the Application or Site, including, but not limited to, any Qooley(s) or Traveler(s). You understand that Qooley, LLC does not make any attempt to verify the statements of users of the Application or Site. Qooley, LLC makes no representations or warranties as to the conduct of users of the Application or Site or their compatibility with any current or future users of the Application or Site. You agree to take reasonable precautions in all communications and interactions with other Members of the Application or Site and with other persons with whom you communicate or interact as a result of your use of the Application or Site, including, but not limited to, Traveler(s) and Qooley(s), particularly if you decide to meet offline or in person regardless of whether such meetings are organized by our company (Qooley, LLC). Qooley, LLC explicitly disclaims all liability for any act or omission of any Traveler or other third party.
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any “Activity” (or “Service”) via the Application and Site, your participation in the referral program, and any contact you have with other users of Qooley, LLC whether in person or online remains with you. Neither Qooley, LLC nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Application, Site or Collective Content, from any communications, interactions or meetings with other users of the Application, or Site or other persons with whom you communicate or interact as a result of your use of the Application, Site, or your participation in the referral program or from your listing or booking of any “Activity” (or “Service”) via the Application and Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not our company (Qooley, LLC) has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Qooley(s) pursuant to these Terms & Conditions, in no event will Qooley, LLC’s aggregate liability arising out of or in connection with these Terms & Conditions and your use of the Application and Site including, but not limited to, from your listing or Booking of any “Activity” (or “Service”) via the Application and Site, or from the use of or inability to use the Application, Site, or Collective Content or your participation in the referral program and in connection with any interactions with any other Members, exceed the amounts you have paid or owe for Bookings via the Application and Site as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Qooley, the amounts paid by Qooley, LLC to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US $100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Qooley, LLC and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold our company (Qooley, LLC) and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an “Activity” (or “Service”), or (iii) creation of an “Activity” (or “Service”); (d) the participation in, or Booking of an “Activity” (or “Service”) by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or participation in an “Activity” (or “Service”); and (e) your participation in the any referral program or your accrual of any Qooley Credits.
- Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional Qooley, LLC policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms & Conditions constitute the entire and exclusive understanding and agreement between our company (Qooley, LLC) and you regarding the Application, Site, Collective Content (excluding Payment Services), and any Bookings or listings of “Activity” (or “Service”) made via the Application and Site (excluding Payment Services), and these Terms & Conditions supersede and replace any and all prior oral or written understandings or agreements between our company (Qooley, LLC) and you regarding Bookings or listings of “Activity” (or “Service”), the Application, Site, and Collective Content (excluding Payment Services).
- Controlling Law and Jurisdiction
These Terms & Conditions and your use of the Application or Site will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in County of New Castle, Delaware or a United States District Court, located in Wilmington, Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
- Dispute Resolution
If you reside in the United States, you and our company (Qooley, LLC) agree that any dispute, claim or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Application, Site or Collective Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Qooley, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Qooley, LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms & Conditions.
Arbitration Rules and Governing Law.
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and Qooley, LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents you and Qooley, LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Qooley, LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Qooley, LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Qooley, LLC changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Qooley, LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Qooley, LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms & Conditions (or accepted any subsequent changes to these Terms & Conditions).
- Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.