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USATerms of Service
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, OWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO OWNER PAYING RENTERS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, OWNERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A VEHICLE OR ACCEPTING RENTERS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. OWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A VEHICLE ON LIMOSCANNER PHILIPPINES.
Last Updated: March, 2017
TERMS OF SERVICE
If you are using the Site, Application or Services and you reside in the Philippines, you are contracting with LIMOSCANNER PHILIPPINES, Inc. with respect to use of the LIMOSCANNER PHILIPPINES Site, Application or Services, and with LIMOSCANNER PHILIPPINES Payments, Inc. with respect to any payments or payouts from or to you conducted through the Site, Application or Services. If you reside outside of the Philippines, you are contracting with LIMOSCANNER PHILIPPINES USA with respect to use of the LIMOSCANNER PHILIPPINES Site, Application or Services, and with LIMOSCANNER PHILIPPINES Payments USA Ltd. with respect to any payments or payouts from or to you conducted through the Site, Application or Services. If you initially reside in the Philippines and contract with LIMOSCANNER PHILIPPINES, Inc. and/or LIMOSCANNER PHILIPPINES Payments, Inc., but subsequently change your residence to outside of the Philippines, you will contract with LIMOSCANNER PHILIPPINES USA from the date on which your place of residence changes, and vice versa. (LIMOSCANNER PHILIPPINES, Inc., LIMOSCANNER PHILIPPINES Payments USA Ltd. and LIMOSCANNER PHILIPPINES Payments, Inc. (the last two solely with respect to payments and payouts related activity) are each hereinafter referred to as "LIMOSCANNER PHILIPPINES", "we", "us", or "our"). LIMOSCANNER PHILIPPINES Payments, Inc. and LIMOSCANNER PHILIPPINES Payments USA Ltd. shall individually and collectively, as appropriate, be referred to herein as "LIMOSCANNER PHILIPPINES Payments".
LIMOSCANNER PHILIPPINES provides an online platform that connects OWNERs who have Vehicles to rent with Renters seeking to rent such Vehicles (collectively, the "Services"), which Services are accessible at https://ph.limoscanner.com and any other websites through which LIMOSCANNER PHILIPPINES makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and LIMOSCANNER PHILIPPINES. Please also read carefully our Privacy Policy at https://ph.limoscanner.com/terms/privacy_policy. 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 OWNERS MAY CREATE LISTINGS FOR VEHICLES AND Renters MAY LEARN ABOUT AND BOOK VEHICLES DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT LIMOSCANNER PHILIPPINES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND Renters, NOR IS LIMOSCANNER PHILIPPINES A REAL ESTATE BROKER, AGENT OR INSURER. LIMOSCANNER PHILIPPINES HAS NO CONTROL OVER THE CONDUCT OF OWNERS, Renters AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VEHICLES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Key Terms
"LIMOSCANNER PHILIPPINES Content" means all Content that LIMOSCANNER PHILIPPINES makes available through the Site, Application, or Services, 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 Renter (as determined by LIMOSCANNER PHILIPPINES in its sole discretion), within which a OWNER 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.
"Collective Content" means Member Content and LIMOSCANNER PHILIPPINES Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Renter" means a Member who requests from a OWNER a booking of an Vehicle via the Site, Application or Services, or a Member who uses at an Vehicle and is not the OWNER for such Vehicle.
"OWNER" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Vehicle that is listed by a OWNER as available for rental via the Site, Application, and Services.
"Member" means a person who completes LIMOSCANNER PHILIPPINES's account registration process, including but not limited to OWNERs and Renters, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Vehicle or lodging taxes, fees (such as convention center fees) that Vehicle providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
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 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.
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, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. 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 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.
Modification
LIMOSCANNER PHILIPPINES 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 either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of transportational and other vehicles ("Vehicles"). Such Vehicles are included in Listings on the Site, Application and Services by OWNERs. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Vehicle or create a Listing, you must first register to create an LIMOSCANNER PHILIPPINES Account (defined below).
As stated above, LIMOSCANNER PHILIPPINES makes available an online platform or marketplace with related technology for Renters and OWNERs to meet online and arrange for bookings of Vehicles directly with each other. LIMOSCANNER PHILIPPINES is not an OWNER or operator of vehicles, including, but not limited to, sedans, vans, other cars or Vehicles, nor is it a provider of vehicles, including, but not limited to, sedans, vans, other cars or Vehicles and LIMOSCANNER PHILIPPINES does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control vehicles, including, but not limited to, sedans, vans, other cars or Vehicles or transportation or travel services. Unless explicitly specified otherwise in the LIMOSCANNER PHILIPPINES platform, LIMOSCANNER PHILIPPINES's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each OWNER for the purpose of accepting payments from Renters on behalf of the OWNER.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING AND BOOKING VEHICLES DIRECTLY WITH EACH OTHER. LIMOSCANNER PHILIPPINES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VEHICLES. LIMOSCANNER PHILIPPINES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VEHICLES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book an Vehicle or create a Listing, you must register to create an account ("LIMOSCANNER PHILIPPINES Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You must register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your LIMOSCANNER PHILIPPINES Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to LIMOSCANNER PHILIPPINES through the Site, Services or Application; or (ii) allowing LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES and/or grant LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES to pay any fees or making LIMOSCANNER PHILIPPINES subject to any Philippines limitations imposed by such third-party service providers. By granting LIMOSCANNER PHILIPPINES access to any Third-Party Accounts, you understand that LIMOSCANNER PHILIPPINES 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, Services and Application via your LIMOSCANNER PHILIPPINES Account and LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or LIMOSCANNER PHILIPPINES'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 LIMOSCANNER PHILIPPINES 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. LIMOSCANNER PHILIPPINES makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and LIMOSCANNER PHILIPPINES is not responsible for any SNS Content.
Your LIMOSCANNER PHILIPPINES Account and your LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES 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. LIMOSCANNER PHILIPPINES reserves the right to suspend or terminate your LIMOSCANNER PHILIPPINES Account and your access to the Site, Application and Services if you create more than one (1) LIMOSCANNER PHILIPPINES Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your LIMOSCANNER PHILIPPINES Account, whether or not you have authorized such activities or actions. You will immediately notify LIMOSCANNER PHILIPPINES of any unauthorized use of your LIMOSCANNER PHILIPPINES Account.
Vehicle Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Vehicle to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Vehicle and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Vehicles must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Vehicle via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Vehicle, you may not request the Renter to pay a higher price than in the booking request.
If you are a OWNER, you understand and agree that LIMOSCANNER PHILIPPINES does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Vehicle and uses at your Vehicle, any agreement you enter into with such Renter is between you and the Renter and LIMOSCANNER PHILIPPINES is not a party to it. Notwithstanding the foregoing, LIMOSCANNER PHILIPPINES Payments serves as the limited authorized payment collection agent of the OWNER for the purpose of accepting, on behalf of the OWNER, payments from Renters of such amounts stipulated by the OWNER (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Vehicle, such as requiring Members to have a profile picture or verified phone number, in order to book your Vehicle. Any Member wishing to book Vehicles included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "OWNER's" section of the Site, Application and Services.
If you are a OWNER, LIMOSCANNER PHILIPPINES 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 Vehicle. You acknowledge and agree that, as a OWNER, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Vehicle at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Vehicle, if applicable.)
LIMOSCANNER PHILIPPINES recommends that OWNERs obtain appropriate insurance for their Vehicles. Please review any insurance policy that you may have for your Vehicle 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 Renters (and the individuals the Renter invites to the Vehicle, if applicable) while at your Vehicle.
LIMOSCANNER PHILIPPINES may offer OWNERs the option of having photographers take photographs of their Vehicles. If you as a OWNER choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "LIMOSCANNER PHILIPPINES.ph Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute LIMOSCANNER PHILIPPINES Content, regardless of whether you include them in your Listing. You agree that LIMOSCANNER PHILIPPINES may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
No Endorsement
LIMOSCANNER PHILIPPINES does not endorse any Member or any Vehicle. You understand that Verified Images are intended only to indicate a photographic representation of the Vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by LIMOSCANNER PHILIPPINES of any Member or any Vehicle. Members are required by these Terms to provide accurate information, and although LIMOSCANNER PHILIPPINES may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by LIMOSCANNER PHILIPPINES 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 Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to use with a OWNER or to accept a booking request from a Renter, or to have any other interaction with any other Member. Except as provided in the LIMOSCANNER PHILIPPINES OWNER Guarantee Terms and Conditions ("LIMOSCANNER PHILIPPINES OWNER Guarantee"), which is an agreement between LIMOSCANNER PHILIPPINES and OWNERs, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, 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 LIMOSCANNER PHILIPPINES with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a OWNER against LIMOSCANNER PHILIPPINES regarding the remittance of payments received from a Renter by LIMOSCANNER PHILIPPINES on behalf of a OWNER, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
Key definitions
"Vehicle Fees" means the amounts that are due and payable by a Renter in exchange for that Renter's use in an Vehicle. The OWNER alone, and not LIMOSCANNER PHILIPPINES, is responsible for the Vehicle Fees for his or her Listing. The OWNER may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the LIMOSCANNER PHILIPPINES platform, or (ii) Taxes that the OWNER determines that he or she has to collect.
"Renter Fees" means the fee that LIMOSCANNER PHILIPPINES charges a Renter for the use of the Services, which is calculated as a percentage of the applicable Vehicle Fees. The Renter Fees will be displayed to the Renter when the Renter is asked whether to send a booking request to a OWNER.
"OWNER Fees" means the fee that LIMOSCANNER PHILIPPINES charges a OWNER for the use of the Services, which is calculated as a percentage of the applicable Vehicle Fees. The OWNER Fees will be displayed to the OWNER when the OWNER is asked whether to confirm or reject a booking request from a prospective Renter.
"Service Fees" means collectively the Renter Fees and the OWNER Fees.
"Total Fees" means collectively the Vehicle Fees and the Renter Fees plus any Taxes.
Bookings and Financial Terms for OWNERs and Renters
If you are a OWNER and a booking is requested for your Vehicle via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Renter who has requested the booking, (ii) a link to the Renter's LIMOSCANNER PHILIPPINES Account profile page, (iii) if the Renter and OWNER have both connected their LIMOSCANNER PHILIPPINES accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Renter on such SNS, and (iv) an indication of whether or not the Renter has provided other information to LIMOSCANNER PHILIPPINES, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking request Period, any amounts collected by LIMOSCANNER PHILIPPINES for the requested booking will be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, LIMOSCANNER PHILIPPINES will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
LIMOSCANNER PHILIPPINES Payments will collect the Total Fees at the time of booking confirmation (i.e. when the OWNER confirms the booking request) and will initiate payment of the Vehicle Fees (less LIMOSCANNER PHILIPPINES's OWNER Fees and any Taxes in respect of the OWNER Fees, such as VAT in Europe) to the OWNER within 24 hours of when the Renter arrives at the applicable Vehicle (except to the extent that a refund is due to the Renter). The time it takes for the OWNER to receive payouts may depend upon the payout method chosen by the OWNER. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the OWNER, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via LIMOSCANNER PHILIPPINES Payments to LIMOSCANNER PHILIPPINES (whether as a result of your bookings or actions as a Renter or otherwise), then LIMOSCANNER PHILIPPINES Payments may (but is not obliged to) withhold the amount owing to LIMOSCANNER PHILIPPINES from any payout amounts due to you as a OWNER, and use the withheld amount to setoff the amount owed by you to LIMOSCANNER PHILIPPINES. If LIMOSCANNER PHILIPPINES Payments does so, then your obligation to pay LIMOSCANNER PHILIPPINES will be extinguished to the extent of the amount withheld by LIMOSCANNER PHILIPPINES Payments, and LIMOSCANNER PHILIPPINES will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to LIMOSCANNER PHILIPPINES by you. Such communication may be made by LIMOSCANNER PHILIPPINES or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of LIMOSCANNER PHILIPPINES Payments as Limited Payment Collection Agent for OWNER
Each OWNER hereby appoints LIMOSCANNER PHILIPPINES Payments as the OWNER's limited payment collection agent solely for the purpose of accepting the Vehicle Fees from Renters.
Each OWNER agrees that payment made by a Renter through LIMOSCANNER PHILIPPINES Payments, shall be considered the same as a payment made directly to the OWNER, and the OWNER will make the Vehicle available to the Renter in the agreed-upon manner as if the OWNER has received the Vehicle Fees. Each OWNER agrees that LIMOSCANNER PHILIPPINES may, in accordance with the cancellation policy selected by the OWNER and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund (via LIMOSCANNER PHILIPPINES Payments) to the Renter that portion of the Vehicle Fees specified in the applicable cancellation policy. Each OWNER understands that as LIMOSCANNER PHILIPPINES Payments accepts payments from Renters as the OWNER's limited payment collection agent and that LIMOSCANNER PHILIPPINES Payments' obligation to pay the OWNER is subject to and conditional upon successful receipt of the associated payments from Renters. LIMOSCANNER PHILIPPINES does not guarantee payments to OWNERs for amounts that have not been successfully received by LIMOSCANNER PHILIPPINES Payments from Renters. In accepting appointment as the limited authorized agent of the OWNER, LIMOSCANNER PHILIPPINES Payments assumes no liability for any acts or omissions of the OWNER.
Please note that LIMOSCANNER PHILIPPINES does not currently charge fees for the creation of Listings. However, you as a OWNER acknowledge and agree that LIMOSCANNER PHILIPPINES reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that LIMOSCANNER PHILIPPINES will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Renters
The OWNERs, not LIMOSCANNER PHILIPPINES, are solely responsible for honoring any confirmed bookings and making available any Vehicles reserved through the Site, Application and Services. If you, as a Renter, choose to enter into a transaction with a OWNER for the booking of an Vehicle, you agree and understand that you will be required to enter into an agreement with the OWNER and you agree to accept any terms, conditions, rules and restrictions associated with such Vehicle imposed by the OWNER. You acknowledge and agree that you, and not LIMOSCANNER PHILIPPINES, will be responsible for performing the obligations of any such agreements, that LIMOSCANNER PHILIPPINES is not a party to such agreements, and that, with the exception of its payment obligations hereunder, LIMOSCANNER PHILIPPINES disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that LIMOSCANNER PHILIPPINES is not a party to the agreement between you and the OWNER, LIMOSCANNER PHILIPPINES Payments acts as the OWNER's payment collection agent for the limited purpose of accepting payments from you on behalf of the OWNER. Upon your payment of the Total Fees to LIMOSCANNER PHILIPPINES Payments, your payment obligation to the OWNER for the Vehicle Fees is extinguished, and LIMOSCANNER PHILIPPINES Payments is responsible for remitting the Vehicle Fees (less the OWNER Fees and any Taxes in respect of the OWNER Fees, such as VAT in Europe), in the manner described in these Terms. In the event that LIMOSCANNER PHILIPPINES Payments does not remit any such amounts as described in these Terms, such OWNER will have recourse only against such LIMOSCANNER PHILIPPINES entity.
The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to a OWNER. As noted above, the OWNER is required to either confirm or reject the booking request within the Booking request Period; otherwise, the requested booking will be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable OWNER), any amounts collected by LIMOSCANNER PHILIPPINES Payments will be refunded to such Renter, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter's credit card will be released, if applicable.
You as a Renter agree to pay LIMOSCANNER PHILIPPINES for the Total Fees for any booking requested in connection with your LIMOSCANNER PHILIPPINES Account if such requested bookings are confirmed by the applicable OWNER. In order to establish a booking pending the applicable OWNER's confirmation of your requested booking, you understand and agree that LIMOSCANNER PHILIPPINES Payments, on behalf of the OWNER, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting, to verify your credit card. As a general rule, LIMOSCANNER PHILIPPINES Payments will collect the Total Fees due once LIMOSCANNER PHILIPPINES receives confirmation of your booking from the applicable OWNER; if necessary, Total Fees may instead be collected at a later point. Please note that LIMOSCANNER PHILIPPINES cannot control any fees that may be charged to a Renter by his or her bank related to LIMOSCANNER PHILIPPINES's collection of the Total Fees, and LIMOSCANNER PHILIPPINES disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to LIMOSCANNER PHILIPPINES Payments or its third-party payment processor(s). You agree to pay LIMOSCANNER PHILIPPINES Payments for any confirmed bookings made in connection with your LIMOSCANNER PHILIPPINES Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by LIMOSCANNER PHILIPPINES Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize LIMOSCANNER PHILIPPINES Payments to charge your credit card in the event of damage caused at an Vehicle as contemplated under "Damage to Vehicles" below and for Security Deposits, if applicable. If you are directed to LIMOSCANNER PHILIPPINES Payments' third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Security Deposits
OWNERs may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Vehicle. If a Security Deposit is included in a Listing for a confirmed booking of an Vehicle, and a OWNER makes a claim against such Security Deposit, LIMOSCANNER PHILIPPINES Payments will, in its capacity as the payment collection agent of the OWNER, use its commercially reasonable efforts to charge the Renter's payment method in the amount of the Security Deposit, within a reasonable period of time after the Renter's check-out from the OWNER's Vehicle. LIMOSCANNER PHILIPPINES will also use its commercially reasonable efforts to address OWNERs' requests and claims related to Security Deposits, but LIMOSCANNER PHILIPPINES is not responsible for administering or accepting any claims by OWNERs related to Security Deposits, and disclaims any and all liability in this regard.
Service Fees
In consideration for the use of LIMOSCANNER PHILIPPINES's online marketplace and platform, LIMOSCANNER PHILIPPINES charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the OWNER Fees and Renter Fees. LIMOSCANNER PHILIPPINES Payments deducts the OWNER Fees from the Vehicle Fees before remitting the balance to the OWNER as described in these Terms. Renter Fees are, as noted above, included in the Total Fees.
Balances will be remitted by LIMOSCANNER PHILIPPINES Payments to OWNERs via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the OWNER's currency of choice, depending upon the selections the OWNER makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.
Please note that LIMOSCANNER PHILIPPINES Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by LIMOSCANNER PHILIPPINES in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.LIMOSCANNER PHILIPPINES.ph/help. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by a OWNER, LIMOSCANNER PHILIPPINES Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Vehicle, the cancellation policy of the OWNER contained in the applicable Listing will apply to such cancellation. Our ability to refund the Vehicle Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Renter Fee is non-refundable regardless of the cancellation policy selected by the OWNER.
If a OWNER cancels a confirmed booking made via the Site, Services, and Application, (i) LIMOSCANNER PHILIPPINES Payments will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter will receive an email or other communication from LIMOSCANNER PHILIPPINES containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the OWNER associated with such alternative Listing confirms the Renter's requested booking, then the Renter agrees to pay LIMOSCANNER PHILIPPINES the Total Fees relating to the confirmed booking for the Vehicle in the alternative Listing, in accordance with these Terms. If a OWNER canceled a confirmed booking and you, as a Renter, have not received an email or other communication from LIMOSCANNER PHILIPPINES, please contact LIMOSCANNER PHILIPPINES.
If, as a OWNER, you cancel a confirmed booking, you agree that LIMOSCANNER PHILIPPINES may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was canceled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the canceled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your LIMOSCANNER PHILIPPINES Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, LIMOSCANNER PHILIPPINES may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in LIMOSCANNER PHILIPPINES's Extenuating Circumstances policy or for any other reason. LIMOSCANNER PHILIPPINES Payments may also determine, in its sole discretion, to refund to the Renter part or all of the amounts charged to the Renter in accordance with the Renter Refund Policy. You agree that LIMOSCANNER PHILIPPINES and the relevant Renter or OWNER will not have any liability for such cancellations or refunds.
If, as a OWNER, your Renter cancels a confirmed booking or LIMOSCANNER PHILIPPINES decides that it is necessary to cancel a confirmed booking, and LIMOSCANNER PHILIPPINES issues a refund to the Renter in accordance with the Renter Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid LIMOSCANNER PHILIPPINES shall be entitled to recover the amount of any such Renter refund from you, including by subtracting such refund amount out from any future Vehicle Fees due to you.
Recurring Payments
In some instances, Renters may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her use at the applicable Vehicle (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Renter authorizes LIMOSCANNER PHILIPPINES Payments, on behalf of the OWNER, to collect the Total Fees and the OWNER agrees that such LIMOSCANNER PHILIPPINES entity will initiate payouts to the OWNER, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.
Rounding Off
LIMOSCANNER PHILIPPINES may, in its sole discretion, round up or round down amounts that are payable from or to Renters or OWNERs to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, LIMOSCANNER PHILIPPINES will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, LIMOSCANNER PHILIPPINES may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for LIMOSCANNER PHILIPPINES to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Donations
Some OWNERs may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the OWNER does in fact make the donation he or she pledged to make. In such cases, the OWNER in renterion is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Taxes
Tax regulations may require us to collect appropriate tax information from our OWNERs, or to withhold taxes from payouts to OWNERs, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US OWNERs, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US OWNERs with at least one Listing in the US. You as a OWNER are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a OWNER fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US OWNER and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a OWNER understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. LIMOSCANNER PHILIPPINES cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a OWNER, LIMOSCANNER PHILIPPINES may issue a valid VAT invoice to such OWNER.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Vehicle is located may require Taxes to be collected from Renters or OWNERs on the amount paid for the right to use and/or occupancy of Vehicles, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Vehicle Fees set by OWNERs, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
Occupancy Tax Collection and Remittance
In certain jurisdictions, LIMOSCANNER PHILIPPINES may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Renters or OWNERs, in accordance with your directions in this Agreement ("Collection and Remittance") if such tax jurisdiction asserts LIMOSCANNER PHILIPPINES or OWNERs have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Renter or OWNER, in lieu of the OWNER collecting Occupancy taxes from Renters and remitting to the Tax Authority, you hereby instruct and authorize LIMOSCANNER PHILIPPINES to collect Occupancy Taxes from Renters on the OWNER's behalf at the time Vehicle Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When LIMOSCANNER PHILIPPINES facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, LIMOSCANNER PHILIPPINES will provide notice to existing OWNERs with Listings for Vehicles in such jurisdictions. When a new listing is created in a jurisdiction where LIMOSCANNER PHILIPPINES facilitates Collection and Remittance of Occupancy Taxes, the OWNER will be notified in the listing creation flow.
The amount of Occupancy Taxes, if any, collected and remitted by LIMOSCANNER PHILIPPINES will be visible to and separately stated to both Renters and OWNERs on their respective transaction documents. Where LIMOSCANNER PHILIPPINES is directly facilitating Collection and Remittance, Renters and OWNERs agree that OWNERs are not permitted to attempt collection, or collect any Occupancy Taxes relating to their Vehicles on LIMOSCANNER PHILIPPINES in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold LIMOSCANNER PHILIPPINES and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Vehicles. For any jurisdiction in which we facilitate Collection and Remittance, OWNERs and Renters expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Vehicles and Occupancy Taxes, including, but not limited to, personally identifiable information such as OWNER or Renter's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Renters or allegedly due, contact information and similar information, to the relevant Tax Authority.
Opt-in to OWNER Remittance of Taxes
In other jurisdictions, LIMOSCANNER PHILIPPINES may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of OWNERs and Renters in accordance with a OWNER's direction to opt in to a specific Occupancy Tax line item in the booking process, in which the OWNER directs that Occupancy Taxes from Renters be sent directly to the OWNER so that the OWNER will remit such taxes directly to Tax Authority -(-"Opt-in for OWNER Remittance"). In any jurisdiction in which we decide to facilitate Collection by Opt-in for OWNER Remittance, whether you are a Renter or OWNER, you hereby instruct and authorize LIMOSCANNER PHILIPPINES to send Occupancy Taxes received from Renters at the time Vehicle Fees are collected to the OWNER who is obligated to send such taxes to the Tax Authority directly. If LIMOSCANNER PHILIPPINES offers and a OWNER selects Opt-in for OWNER Remittance in any jurisdiction, OWNERs and Renters remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Vehicles; you agree and understand that LIMOSCANNER PHILIPPINES is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to OWNER Remittance of Taxes. You hereby agree that through third party payment processors, LIMOSCANNER PHILIPPINES is merely processing Your election and direction to have Occupancy Taxes from Renters sent directly to the OWNER for remittance by the OWNER to the Tax Authority, and that You will remit all amounts collected from Renters as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold LIMOSCANNER PHILIPPINES and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Vehicles. For any jurisdiction in which we facilitate Opt-in for OWNER Remittance, OWNERs and Renters expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Vehicles and Occupancy Taxes, including, but not limited to, personally identifiable information such as OWNER or Renter's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by OWNERs from Renters, or allegedly due, contact information and similar information, to the relevant Tax Authority.
Miscellaneous Occupancy Tax Provisions
Whether you are a Renter or OWNER, you agree that any claim or cause of action relating to LIMOSCANNER PHILIPPINES's facilitation of Opt-in Remittance or Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by LIMOSCANNER PHILIPPINES in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Renters and OWNERs agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by LIMOSCANNER PHILIPPINES from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for OWNER Remittance or any other means or method, in your jurisdiction, OWNERs and Renters remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Vehicles.
OWNERs and Renters acknowledge and agree that in some jurisdictions, LIMOSCANNER PHILIPPINES may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in this Agreement is a representation or guarantee that LIMOSCANNER PHILIPPINES will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that LIMOSCANNER PHILIPPINES will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. LIMOSCANNER PHILIPPINES reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give OWNERs reasonable notice in any jurisdiction in which LIMOSCANNER PHILIPPINES determines to cease any such facilitation.
Damage to Vehicles
As a Renter, you are responsible for leaving the Vehicle in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, 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 Vehicle. In the event that a OWNER 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. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your LIMOSCANNER PHILIPPINES Account. LIMOSCANNER PHILIPPINES also reserves the right to charge the credit card on file in your LIMOSCANNER PHILIPPINES Account, or otherwise collect payment from you and pursue any avenues available to LIMOSCANNER PHILIPPINES in this regard, including using Security Deposits, in situations in which you have been determined, in LIMOSCANNER PHILIPPINES's sole discretion, to have damaged any Vehicle, including, but not limited to, in relation to any payment requests made by OWNERs under the LIMOSCANNER PHILIPPINES OWNER Guarantee, and in relation to any payments made by LIMOSCANNER PHILIPPINES to OWNERs. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Vehicle to the applicable OWNER or to LIMOSCANNER PHILIPPINES (if applicable).
Both Renters and OWNERs agree to cooperate with and assist LIMOSCANNER PHILIPPINES in good faith, and to provide LIMOSCANNER PHILIPPINES with such information and take such actions as may be reasonably requested by LIMOSCANNER PHILIPPINES, in connection with any complaints or claims made by Members relating to Vehicles or any personal or other property located at an Vehicle (including, without limitation, payment requests made under the LIMOSCANNER PHILIPPINES OWNER Guarantee) or with respect to any investigation undertaken by LIMOSCANNER PHILIPPINES or a representative of LIMOSCANNER PHILIPPINES regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon LIMOSCANNER PHILIPPINES'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 OWNER, at no cost to you, which process will be conducted by LIMOSCANNER PHILIPPINES or a third party selected by LIMOSCANNER PHILIPPINES or its insurer, with respect to losses for which the OWNER is requesting payment from LIMOSCANNER PHILIPPINES under the LIMOSCANNER PHILIPPINES OWNER Guarantee.
If you are a Renter, you understand and agree that LIMOSCANNER PHILIPPINES may make a claim under your homeOWNER's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Vehicle or any personal or other property located at an Vehicle (including without limitation amounts paid by LIMOSCANNER PHILIPPINES under the LIMOSCANNER PHILIPPINES OWNER Guarantee). You agree to cooperate with and assist LIMOSCANNER PHILIPPINES in good faith, and to provide LIMOSCANNER PHILIPPINES with such information as may be reasonably requested by LIMOSCANNER PHILIPPINES, in order to make a claim under your homeOWNER's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as LIMOSCANNER PHILIPPINES may reasonably request to assist LIMOSCANNER PHILIPPINES in accomplishing the foregoing.
Overuseing without the OWNER's Consent
Renters agree that a confirmed reservation is merely a license granted by the OWNER to the Renter to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Renter's agreement with the OWNER. Renters further agree to leave the Vehicle no later than the checkout time that the OWNER specifies in the Listing or such other time as mutually agreed upon between the OWNER and Renter. If a Renter uses past the agreed upon checkout time without the OWNER's consent, they no longer have a license to use in the Listing and the OWNER is entitled to make the Renter leave. In addition, Renters agree that the OWNER can charge the Renter, for each 24 hour period that the Renter uses over the agreed period without the OWNER's consent, an additional nightly fee of two times the average nightly Vehicle Fee originally paid by the Renter to cover the inconvenience suffered by the OWNER, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the OWNER to make the Renter leave (collectively, "Additional Sums"). Renters agree that LIMOSCANNER PHILIPPINES Payments, in its role as limited collection agent for the OWNER, shall charge the Renter's credit card or other payment methods it has on file to collect these Additional Sums. In addition, LIMOSCANNER PHILIPPINES Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Renter's credit card or other payment method on file.
Foreign Currency
LIMOSCANNER PHILIPPINES's online platform facilitates bookings between Renters and OWNERs who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the LIMOSCANNER PHILIPPINES platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
Key definitions
"Display Currency" means the currency in which users view Listing prices on the LIMOSCANNER PHILIPPINES platform. Renters may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Booking Currency" means the currency in which a Renter has to pay for his or her booking. At the time the Renter submits a booking request, the LIMOSCANNER PHILIPPINES platform will select the Booking Currency, based on the Renter's country of origin and the payment methods available for that country. LIMOSCANNER PHILIPPINES supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
"Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the OWNER.
"Payout Currency" means the currency in which a OWNER's payout will be paid to the OWNER. The Payout Currency is set by the OWNER.
"Base Exchange Rate" means a system-wide rate used by LIMOSCANNER PHILIPPINES for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by LIMOSCANNER PHILIPPINES. LIMOSCANNER PHILIPPINES establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by LIMOSCANNER PHILIPPINES for its holding costs and foreign currency risks.
Foreign currency conversions on the LIMOSCANNER PHILIPPINES platform
LIMOSCANNER PHILIPPINES Payments will process a foreign currency conversion in the following situations:
The Display Currency is different from the Listing Currency when a user views a Listing: LIMOSCANNER PHILIPPINES will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Booking Currency is different from the Listing Currency when a Renter submits a booking request for a Listing: LIMOSCANNER PHILIPPINES will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Renter will be able to view the actual exchange rate applied. The Renter Fee, which is a percentage of the applicable Vehicle Fees, will be calculated based on the Vehicle Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when LIMOSCANNER PHILIPPINES initiates a payout: generally, LIMOSCANNER PHILIPPINES will calculate the payout to the OWNER, by applying the Base Exchange Rate on the date that LIMOSCANNER PHILIPPINES initiates the payout to the Vehicle Fees (less LIMOSCANNER PHILIPPINES's OWNER Fees and any Taxes in respect of the OWNER Fees, such as VAT in Europe) in the Listing Currency. The OWNER will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the OWNER involves certain third-party payment processors (such as Western Union), (i) LIMOSCANNER PHILIPPINES will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the OWNER will be able to view the payout amount sent by LIMOSCANNER PHILIPPINES in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the OWNER by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
When a confirmed booking is modified or canceled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Renter or any refund to the Renter will be processed at the same rate as applied to the earlier payment by the Renter.
When you as a Renter submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
LIMOSCANNER PHILIPPINES updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, LIMOSCANNER PHILIPPINES does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to LIMOSCANNER PHILIPPINES.
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 Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services 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, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
access or use our Site, Application, Services or the LIMOSCANNER PHILIPPINES API to use, expose, or allow to be used or exposed, any LIMOSCANNER PHILIPPINES Content: (i) that is not publicly displayed by LIMOSCANNER PHILIPPINES in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the LIMOSCANNER PHILIPPINES Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of LIMOSCANNER PHILIPPINES's users or any other third party;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, 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 Site, Application or Services 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 Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an LIMOSCANNER PHILIPPINES Renter or OWNER;
offer, as a OWNER, any Vehicle that you do not yourself own or have permission to rent as a transportational or other property (without limiting the foregoing, you will not list Vehicles as a OWNER if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a OWNER, any Vehicle that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one LIMOSCANNER PHILIPPINES Account or register for an LIMOSCANNER PHILIPPINES Account on behalf of an individual other than yourself;
unless LIMOSCANNER PHILIPPINES explicitly permits otherwise, request or book a use at any Vehicle if you will not actually be useing at the Vehicle yourself;
contact a OWNER for any purpose other than asking a renterion related to a booking, such OWNER's Vehicles or Listings;
contact a Renter for any purpose other than asking a renterion related to a booking or such Renter's use of the Site, Application and Services;
recruit or otherwise solicit any OWNER or other Member to join third-party services or websites that are competitive to LIMOSCANNER PHILIPPINES, without LIMOSCANNER PHILIPPINES's 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 Site, Application, Services or Collective Content to find a OWNER or Renter and then complete a booking of an Vehicle independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to LIMOSCANNER PHILIPPINES's provision of the Services or for any other reasons;
as a OWNER, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
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 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;
systematically retrieve data or other content from our Site, Application or Services 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, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, LIMOSCANNER PHILIPPINES's name, any LIMOSCANNER PHILIPPINES trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without LIMOSCANNER PHILIPPINES's express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, LIMOSCANNER PHILIPPINES's computer systems, or the technical delivery systems of LIMOSCANNER PHILIPPINES's providers;
attempt to probe, scan, or test the vulnerability of any LIMOSCANNER PHILIPPINES system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LIMOSCANNER PHILIPPINES or any of LIMOSCANNER PHILIPPINES's providers or any other third party (including another user) to protect the Site, Services, 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, Services, 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, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
accept or make a payment for Vehicle Fees outside LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES harmless from any liability for such payment.
LIMOSCANNER PHILIPPINES has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the LIMOSCANNER PHILIPPINES OWNER Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of LIMOSCANNER PHILIPPINES, its users, or members of the public. You acknowledge that LIMOSCANNER PHILIPPINES has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, 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. LIMOSCANNER PHILIPPINES reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that LIMOSCANNER PHILIPPINES, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Privacy
You agree that LIMOSCANNER PHILIPPINES's Privacy Policy (as may be updated from time to time) governs LIMOSCANNER PHILIPPINES's collection and use of your personal information.
OWNERship
The Site, Application, Services, 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, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of LIMOSCANNER PHILIPPINES 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, Services, or Collective Content.
Additional Terms
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. For example, additional terms apply if you refer new users to LIMOSCANNER PHILIPPINES ("Referral Program") or participate in our Home Safety program. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Specific Terms Regarding LIMOSCANNER PHILIPPINES Travel Credits
LIMOSCANNER PHILIPPINES Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue LIMOSCANNER PHILIPPINES Travel Credits, such LIMOSCANNER PHILIPPINES Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. LIMOSCANNER PHILIPPINES Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem LIMOSCANNER PHILIPPINES Travel Credits after the LIMOSCANNER PHILIPPINES Travel Credits are reflected in your LIMOSCANNER PHILIPPINES Account. The scope, variety, and type of services and products that you may obtain by redeeming LIMOSCANNER PHILIPPINES Travel Credits can change at any time.
LIMOSCANNER PHILIPPINES Travel Credits expire three (3) years from the date that any LIMOSCANNER PHILIPPINES Travel Credits are last accrued in your LIMOSCANNER PHILIPPINES Account. LIMOSCANNER PHILIPPINES will notify you at the email address you provided during Account registration within thirty (30) days of when the LIMOSCANNER PHILIPPINES Travel Credits in your LIMOSCANNER PHILIPPINES Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of LIMOSCANNER PHILIPPINES Travel Credits, please contact us. LIMOSCANNER PHILIPPINES may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at LIMOSCANNER PHILIPPINES's sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of LIMOSCANNER PHILIPPINES Travel Credits. Where applicable, LIMOSCANNER PHILIPPINES may be required to account for VAT on any services for which the LIMOSCANNER PHILIPPINES Travel Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all LIMOSCANNER PHILIPPINES Travel Credits are forfeited if your LIMOSCANNER PHILIPPINES Account is terminated or suspended for any reason, in LIMOSCANNER PHILIPPINES's sole discretion, or if LIMOSCANNER PHILIPPINES discontinues providing the Site, Application, Services or the Referral Program.
Application License
Subject to your compliance with these Terms, LIMOSCANNER PHILIPPINES 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 App Store Sourced Application (defined below), 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 "Philippines Rules" set forth in the Apple App Store Terms of Service. LIMOSCANNER PHILIPPINES reserves all rights in the Application not expressly granted to you by these Terms.
LIMOSCANNER PHILIPPINES Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, LIMOSCANNER PHILIPPINES grants you a limited, non-exclusive, non-transferable license, to (i) access and view any LIMOSCANNER PHILIPPINES 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. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LIMOSCANNER PHILIPPINES 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 and Services, you hereby grant to LIMOSCANNER PHILIPPINES 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, 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 Site, Application and Services. LIMOSCANNER PHILIPPINES 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 and Services. 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 and Services or you have all rights, licenses, consents and releases that are necessary to grant to LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services 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
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES 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.
Some portions of the LIMOSCANNER PHILIPPINES platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of LIMOSCANNER PHILIPPINES used herein are trademarks or registered trademarks of LIMOSCANNER PHILIPPINES. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of LIMOSCANNER PHILIPPINES and you hereby irrevocably assign to LIMOSCANNER PHILIPPINES and agree to irrevocably assign to LIMOSCANNER PHILIPPINES all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At LIMOSCANNER PHILIPPINES's request and expense, you will execute documents and take such further acts as LIMOSCANNER PHILIPPINES may reasonably request to assist LIMOSCANNER PHILIPPINES to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
LIMOSCANNER PHILIPPINES respects copyright law and expects its users to do the same. It is LIMOSCANNER PHILIPPINES's policy to terminate in appropriate circumstances the LIMOSCANNER PHILIPPINES Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see LIMOSCANNER PHILIPPINES's Copyright Policy for further information.
Suspension, Termination and LIMOSCANNER PHILIPPINES Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your LIMOSCANNER PHILIPPINES Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your LIMOSCANNER PHILIPPINES Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your LIMOSCANNER PHILIPPINES Account, your Member Content, or receive assistance from LIMOSCANNER PHILIPPINES Customer Service, (b) any pending or accepted future bookings as either OWNER or Renter will be immediately terminated, (c) we may communicate to your Renters or OWNERs that a potential or confirmed booking has been canceled, (d) we may refund your Renters in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Renters to inform them about potential alternate Vehicles with other OWNERs that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were canceled as a result of a suspension, deactivation or termination of your LIMOSCANNER PHILIPPINES Account. You may cancel your LIMOSCANNER PHILIPPINES Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your LIMOSCANNER PHILIPPINES Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LIMOSCANNER PHILIPPINES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, Renters AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. 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, LIMOSCANNER PHILIPPINES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR PhilippinesGE OF TRADE. LIMOSCANNER PHILIPPINES MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VEHICLES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIMOSCANNER PHILIPPINES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VEHICLES, OWNERS, Renters, YOUR ACCRUAL OF LIMOSCANNER PHILIPPINES TRAVEL 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 LIMOSCANNER PHILIPPINES 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 SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR Renters. YOU UNDERSTAND THAT LIMOSCANNER PHILIPPINES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VEHICLES. LIMOSCANNER PHILIPPINES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, Renters AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LIMOSCANNER PHILIPPINES. NOTWITHSTANDING LIMOSCANNER PHILIPPINES'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM Renters ON BEHALF OF THE OWNERS, LIMOSCANNER PHILIPPINES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY Renter 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 VEHICLES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LIMOSCANNER PHILIPPINES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LIMOSCANNER PHILIPPINES 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 SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY Vehicle VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIMOSCANNER PHILIPPINES 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 OWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT renter UNDER THE LIMOSCANNER PHILIPPINES OWNER GUARANTEE, IN NO EVENT WILL LIMOSCANNER PHILIPPINES'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY Vehicle VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY Vehicle OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A Renter IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A OWNER, THE AMOUNTS PAID BY LIMOSCANNER PHILIPPINES 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 LIMOSCANNER PHILIPPINES 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.
Indemnification
You agree to release, defend, indemnify, and hold LIMOSCANNER PHILIPPINES 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 Vehicle, or (iii) creation of a Listing; (d) the use, condition or rental of an Vehicle 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 rental, booking or use of a Vehicle; and (e) your participation in the Referral Program or your accrual of any LIMOSCANNER PHILIPPINES Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Vehicle is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. LIMOSCANNER PHILIPPINES does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and LIMOSCANNER PHILIPPINES only, and not Apple, and (ii) LIMOSCANNER PHILIPPINES, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LIMOSCANNER PHILIPPINES and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LIMOSCANNER PHILIPPINES.
You and LIMOSCANNER PHILIPPINES acknowledge that, as between LIMOSCANNER PHILIPPINES and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and LIMOSCANNER PHILIPPINES acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between LIMOSCANNER PHILIPPINES and Apple, LIMOSCANNER PHILIPPINES, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and LIMOSCANNER PHILIPPINES acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Reporting Misconduct
If you use with or without OWNER anyone who you feel 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 LIMOSCANNER PHILIPPINES 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.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between LIMOSCANNER PHILIPPINES and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Vehicles made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LIMOSCANNER PHILIPPINES and you regarding bookings or listings of Vehicles, the Site, Application, Services, and Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without LIMOSCANNER PHILIPPINES's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. LIMOSCANNER PHILIPPINES may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by LIMOSCANNER PHILIPPINES (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of California 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 San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California 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
You and LIMOSCANNER PHILIPPINES agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (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 LIMOSCANNER PHILIPPINES are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and LIMOSCANNER PHILIPPINES 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.
Changes. Notwithstanding the provisions of the "Modification" section above, if LIMOSCANNER PHILIPPINES changes this "Dispute Resolution" section after the date you first 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 LIMOSCANNER PHILIPPINES'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 LIMOSCANNER PHILIPPINES in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General
The failure of LIMOSCANNER PHILIPPINES to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LIMOSCANNER PHILIPPINES. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
The final sentence in the Suspension, Termination and LIMOSCANNER PHILIPPINES Account Cancellation clause shall be removed and replaced with the following:
"Please note that if your LIMOSCANNER PHILIPPINES Account is canceled, we do not have an obligation to return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback."
The Dispute Resolution clause shall be removed and is not applicable.
The Export Control and Restricted Countries clause shall be amended by the following: "Export Control and Restricted Countries In addition to complying with the main Export Control and Restricted Countries clause, you must also comply with any relevant export control laws in your local jurisdiction."
Contacting LIMOSCANNER PHILIPPINES
If you have any questions about these Terms please contact LIMOSCANNER PHILIPPINES.