Lokhali Terms of Agreement of Service
Welcome to Lokhali! By accessing or using the Lokhali platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access and use of the Lokhali website, including any subdomains thereof, and any other websites through which Lokhali makes the Lokhali Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Lokhali Services”). These Terms constitute a legally binding agreement (“Agreement”) between you (“User”) and Lokhali (as defined below). If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Lokhali platform. Failure to use the Lokhali platform in accordance with these Terms may subject you to civil and criminal penalties.
1. Acceptance of Terms
1.1 Modification of Terms: Lokhali reserves the right to modify these Terms at any time. We will notify you of significant changes by email or through the Platform. Your continued use of the Platform after such modifications will constitute your acceptance of the updated Terms.
1.2 Eligibility: To use the Lokhali platform, you must be at least 18 years old and capable of entering into legally binding contracts. You must comply with all local laws and regulations applicable to your use of the Platform.
2. Account Creation and Management
2.1 Account Registration: To access certain features of the Platform, you must register a Lokhali account, features such as publishing or booking a Listing. If you are registering a Lokhali Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. 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.
You can register a Lokhali Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your Lokhali Account and your SNS Account at any time, by accessing the “Settings” section of the Lokhali platform.
2.2 Account Security: You are responsible for maintaining the confidentiality and security of your account credentials. You agree to notify Lokhali immediately of any unauthorized use of your account.
2.3 Verification: Lokhali may, at its discretion, conduct identity verification or background checks on users. You authorize Lokhali to use your information for these purposes.
2.3.1 To ensure the safety and trust of our platform for all users, we require verification of your identity. Please provide a clear copy of one of the following government-issued identification documents: Passport, Driver’s License, and National ID Card. Your document should include the following details: Full name, Date of birth, Photograph, Document number, and Expiry date (if applicable) You can upload a scanned copy or a clear photograph of your ID document directly through your Lokhali account by following these steps:
- Log in to your Lokhali account.
- Navigate to the “Account Settings” section.
- Click on “Identity Verification.”
- Upload the required document and submit it.
3. Terms Specific for Hosts
3.1 User-Generated Content
3.1.1 Ownership and Responsibility: You retain ownership of any content you post, upload, or otherwise make available on the Platform (“User Content”). You are solely responsible for your User Content.
3.2 Terms applicable to applicable to all listings
3.2.2 When creating a Listing through the Lokhali platform you must (i) provide complete and accurate information about your Host Service (such as Listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules), and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Activity) and (iii) provide any other pertinent information requested by Lokhali. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
3.2.3 You are solely responsible for setting a price (including any Taxes if applicable or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
3.2.4 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
3.2.5 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Host Services. Lokhali reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
3.3 License to Lokhali: By making your User Content available on the Platform, you grant Lokhali a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, publish, and process your User Content for the operation of the Platform.
4. Service Fees and Payments
4.1 Service Fees: Lokhali may charge fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Lokhali platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
4.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Lokhali reserves the right to change the Service Fees at any time, and we will provide you notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
4.3 You are responsible for paying any Service Fees that you owe to Lokhali. The applicable Service Fees (including any applicable Taxes) are collected by Lokhali Payments. Lokhali Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Lokhali Payments. Except as otherwise provided on the Lokhali platform, Service Fees are non-refundable.
4.4 Payment Processing: Lokhali will facilitate payment processing through third-party payment processors. Hosts and Guests must provide accurate billing information and keep such information up-to-date.
4.5 Payment Timing: Hosts will receive payouts from Lokhali after the guest’s check-in date. The exact timing of payouts will depend on the payment method chosen by the Host and any applicable processing times of the third-party payment processors.
5. Booking and Confirmation
5.1 Booking Process: Guests can book properties listed on the Lokhali platform by selecting the desired dates and completing the booking process, which includes providing payment information. Once the booking request is submitted, the Host has 24 hours to accept or decline the booking.
5.2 Booking Confirmation: A booking is considered confirmed when the Host accepts the booking request and Lokhali sends a confirmation email to the Guest. The Guest’s payment method will be charged at the time of booking confirmation.
6. Cancellations and Refunds
6.1 Guest Cancellations: Guests may cancel their booking according to the cancellation policy specified in the listing. Lokhali offers different cancellation policies, including flexible, moderate, and strict. The applicable refund amount will be determined by the cancellation policy in place at the time of booking.
6.2 Host Cancellations: Hosts are expected to honor all confirmed bookings. If a Host needs to cancel a booking, they must do so through the Platform and may be subject to penalties, including a cancellation fee and potential suspension from the Platform.
6.3 Changes to Bookings: Both Guests and Hosts can request changes to confirmed bookings (e.g., date changes, extensions). Any changes must be agreed upon by both parties and processed through the Platform.
6.4 Refund Procedures: Refunds for cancellations will be processed according to the applicable cancellation policy. Refunds may take up to 14 business days to appear in the Guest’s account, depending on the payment method used.
6.5 Host Obligations: If a Host cancels a booking, they may be required to assist the Guest in finding alternative accommodation. Lokhali may provide support in such cases, but the primary responsibility lies with the Host.
7. House Rules and Property Care
7.1 House Rules: Guests must adhere to the house rules specified by the Host in the listing. Failure to comply with house rules may result in penalties, including charges for damages and termination of the booking.
7.2 Property Care: Guests are expected to take reasonable care of the property and report any damages or issues to the Host promptly. Hosts are responsible for maintaining the property in a safe and habitable condition.
8. Feedback and Reviews
8.1 Providing Feedback: After the completion of a stay, both Guests and Hosts are encouraged to leave reviews and ratings. Reviews should be honest and reflect the experience accurately.
8.2 Authenticity and Fairness: Reviews must be based on genuine experiences. Lokhali reserves the right to remove reviews found to be fraudulent, biased, or in violation of our content policies.
9. Dispute Resolution
9.1 If you have a dispute with Lokhali or another user, you agree first to contact us and attempt to resolve the dispute informally. We will contact you at the email address provided in your Lokhali Account if we need to contact you.
9.2 In the unlikely event that we are unable to resolve a dispute, you and Lokhali agree to resolve any claim or controversy at law or equity that arises out of or relates to these Terms or the Lokhali platform (a “Claim”) in accordance with the subsections below.
9.3 Any Claim will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
9.4 Dispute Mechanisms: Lokhali provides tools for resolving disputes between Guests and Hosts. Users are encouraged to resolve issues amicably through direct communication. If necessary, Lokhali support can mediate disputes.
9.5 Arbitration Agreement: Any disputes arising out of or relating to these Terms or the use of the Platform that cannot be resolved through Lokhali’s support will be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. This agreement to arbitrate is intended to be broadly interpreted.
9.6 Waiver of Class Action Rights: By agreeing to arbitration, you agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.
11. Limitation of Liability
Lokhali shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Platform; (b) any conduct or content of any third party on the Platform; or (c) unauthorized access, use, or alteration of your transmissions or content.
12. Indemnification
You agree to indemnify, defend, and hold harmless Lokhali, its affiliates, officers, directors, employees, and agents 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 your access to or use of the Platform, your violation of these Terms, or your interaction with any Guest or Host.
13. Amendments
Lokhali reserves the right to modify these Terms at any time. Continued use of the Platform after such modifications will constitute acceptance of the updated Terms. If significant changes are made, we will notify users via email or through the Platform.
14. Termination
14.1 Termination by User: You may terminate this Agreement at any time by deleting your account and ceasing all use of the Platform.
14.2 Termination by Lokhali: Lokhali may terminate or suspend your account and access to the Platform at any time, for any reason, including for violation of these Terms.
14.3 Effects of Termination: Upon termination, you must cease all use of the Platform. Any outstanding bookings will be honored or refunded according to the cancellation policies in place.
For any questions regarding these Terms, please contact Lokhali at: info@lokhali.com
By accessing or using the Lokhali platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.