Terms of Service - MyScoot

Terms of Service

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the MyScoot Platform, you agree to comply with and be bound by these Terms of Service. Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all MyScoot Members. If you reside in India, this provision applies to all disputes with MyScoot. If you reside outside of India, this provision applies to any action you bring against MyScoot in India. It affects how disputes with MyScoot are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully. Thank you for using MyScoot! These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and MyScoot (as defined below) governing your access to and use of the MyScoot website, including any subdomains thereof, and any other websites through which MyScoot makes the MyScoot Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "MyScoot Services"). The Site, Application and MyScoot Services together are hereinafter collectively referred to as the “MyScoot Platform”. When these Terms mention “MyScoot,” “we,” “us,” or “our,” it refers to the MyScoot company you are contracting with. Our collection and use of personal information in connection with your access to and use of the MyScoot Platform is described in our Privacy Policy. Any and all payment processing services through or in connection with your use of the MyScoot Platform ("Payment Services") are provided to you by one or more MyScoot Payments entities (individually and collectively, as appropriate, "MyScoot Payments") as set out in the Payments Terms of Service ("Payments Terms"). Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on MyScoot, you should always seek legal guidance.

1. Scope of MyScoot Services

1.1 The MyScoot Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the MyScoot Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi- day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the MyScoot Platform, MyScoot does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. MyScoot is not and does not become a party to or other participant in any contractual relationship between Members, nor is MyScoot a real estate broker or insurer. MyScoot is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, MyScoot has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. MyScoot does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by MyScoot about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by MyScoot of any Host or Listing.
1.4 If you choose to use the MyScoot Platform as a Host or Co-Host (as defined below), your relationship with MyScoot is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of MyScoot for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of MyScoot.
1.5 To promote the MyScoot Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. MyScoot cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The MyScoot Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The MyScoot Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MyScoot is not responsible or liable for the availability or accuracy of such Third- Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MyScoot of such Third-Party Services.
1.7 Due to the nature of the Internet, MyScoot cannot guarantee the continuous and uninterrupted availability and accessibility of the MyScoot Platform. MyScoot may restrict the availability of the MyScoot Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MyScoot Platform. MyScoot may improve, enhance and modify the MyScoot Platform and introduce new MyScoot Services from time to time.

2. Eligibility, Using the MyScoot Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the MyScoot Platform or register an MyScoot Account. By accessing or using the MyScoot Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. For users in India, MyScoot may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth and other details, to obtain such reports.
2.3 MyScoot may make the access to and use of the MyScoot Platform, or certain areas or features of the MyScoot Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the MyScoot Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the MyScoot Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the MyScoot Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

MyScoot reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the MyScoot Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the MyScoot Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("MyScoot Account") to access and use certain features of the MyScoot Platform, such as publishing or booking a Listing. If you are registering a MyScoot Account for a company 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.
4.2 You can register a MyScoot Account using through your account with certain third-party social networking services, such as Facebook or Linkedin.
4.3 You must provide accurate, current and complete information during the registration process and keep your MyScoot Account and public MyScoot Account profile page information up-to- date at all times.
4.4 You may not register more than one (1) MyScoot Account unless MyScoot authorizes you to do so. You may not assign or otherwise transfer your MyScoot Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your MyScoot Account credentials and may not disclose your credentials to any third party. You must immediately notify MyScoot if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your MyScoot Account. You are liable for any and all activities conducted through your MyScoot Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 MyScoot may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your MyScoot Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by MyScoot to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 MyScoot may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the MyScoot Platform ("Member Content"); and (ii) access and view Member Content and any content that MyScoot itself makes available on or through the MyScoot Platform, including proprietary MyScoot content and any content licensed or authorized for use by or through MyScoot from a third party ("MyScoot Content" and together with Member Content, "Collective Content").
5.2 The MyScoot Platform, MyScoot Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. You acknowledge and agree that the MyScoot Platform and MyScoot Content, including all associated intellectual property rights, are the exclusive property of MyScoot and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MyScoot Platform, MyScoot Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of MyScoot used on or in connection with the MyScoot Platform and MyScoot Content are trademarks or registered trademarks of MyScoot in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the MyScoot Platform, MyScoot Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MyScoot Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 MyScoot or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, MyScoot grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the MyScoot Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the MyScoot Platform, you grant to MyScoot a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the MyScoot Platform, in any media or platform. Unless you provide specific consent, MyScoot does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 MyScoot may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "MyScoot.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the MyScoot Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your MyScoot Account is terminated or suspended for any reason. You acknowledge and agree that MyScoot shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where MyScoot is not the exclusive owner of Verified Images, by using such Verified Images on or through the MyScoot Platform, you grant to MyScoot an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. MyScoot in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the MyScoot Platform solely for your personal and non- commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the MyScoot Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the MyScoot Platform or you have all rights, licenses, consents and releases that are necessary to grant to MyScoot the rights in and to 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 MyScoot's use of the Member Content (or any portion thereof) 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.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates MyScoot’s Content Policy or any other MyScoot policy. MyScoot may, without prior notice, remove or disable access to any Member Content that MyScoot finds to be in violation of these Terms or MyScoot’s then-current Policies or Standards, or otherwise may be harmful or objectionable to MyScoot, its Members, third parties, or property.
5.9 MyScoot respects copyright law and expects its Members to do the same. If you believe that any content on the MyScoot Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 MyScoot may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the MyScoot Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 MyScoot reserves the right to change the Service Fees at any time.
6.3 You are responsible for paying any Service Fees that you owe to MyScoot. The applicable Service Fees are due and payable and collected by MyScoot Payments pursuant to the Payments Terms. Except as otherwise provided on the MyScoot Platform, Service Fees are non-refundable.

7. Terms specific for Hosts

7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the MyScoot 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 Experience) and (iii) provide any other pertinent information requested by MyScoot. You are responsible for keeping your Listing information (including calendar availability) up-to- date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) 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.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. MyScoot reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the MyScoot Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.7 MyScoot recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 Guests (and the individuals the Guest has booked for, if applicable) while participating in your Experience, Event or other Host Service.
7.2 Listing Accommodations
7.2.1 You may only list one location and experience per Listing.
7.2.2 You represent and warrant that any Listing and experience you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, 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 Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
7.3 Listing Experiences, Events and other Host Services
7.3.1 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to MyScoot. To be considered for publishing on the MyScoot Platform, Experiences, Events or other Host Services must at all times meet the quality standards for Experiences and meet Guest demand. MyScoot reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Host Service will be published on the MyScoot Platform.
7.3.2 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with MyScoot and MyScoot is not a professional fundraiser or commercial participator. Nonprofits, and not MyScoot, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience. 7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
7.3.5 You must provide an Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by MyScoot.

7.4 Co-Hosts

7.4.1 MyScoot may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms and the Payments Terms. Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by MyScoot. MyScoot reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.
7.4.2 Hosts and Co-Hosts may agree on a fee (“Co-Host Services Fee”) in consideration for the Co-Host Services provided by the Co-Host. When such an agreement is made, the Host agrees to pay the Co-Host Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Host Fee. In addition, Hosts may instruct a Co-Host to provide certain one-time services in relation to their Listing. Hosts can pay Co-Hosts for one-time services and any other expenses using the Resolution Center. MyScoot Payments will process Co-Host Services Fees and Resolution Center payments pursuant to the Payments Terms.
7.4.3 Hosts and Co-Hosts agree that each activity, booking, or other transaction reported on the MyScoot Platform, including any Co-Host Services provided by the Co-Host and any amounts due from a Host to the Co-Host for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and MyScoot (by emailing [email protected]), within 21 days of posting of the disputed activity, booking or other transaction on the MyScoot Platform.
7.4.4 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the MyScoot Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co- Host Services.
7.4.5 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co- Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co- hosting relationship will terminate in the event that MyScoot (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s). In addition, Host agrees to pay Co-Host for all Co-Host Services completed prior to Co-Host’s termination within 14 days of Co-Host’s termination via the Resolution Center. A Co-Host will not be entitled to any fees for any Co-Host Services that have not been completed prior to the Co-Host’s termination.
7.4.6 As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

8. Terms specific for Guests

8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the MyScoot Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your MyScoot Account.
8.1.2 Upon receipt of a booking confirmation from MyScoot, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. MyScoot Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. 8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them. 8.2 Booking Experiences, Events and other Host Services
8.2.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service. 8.2.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.2.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the MyScoot Platform.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the MyScoot Platform or direct MyScoot customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and MyScoot Payments will provide any refund to the Guest in accordance with such cancellation policy within 2-7 business days. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by MyScoot Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and MyScoot may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, MyScoot may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to MyScoot’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, MyScoot will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, MyScoot may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in MyScoot's Extenuating Circumstances Policy or (i) where MyScoot believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to MyScoot, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, MyScoot may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your MyScoot Account, and MyScoot Payments will handle all such payments pursuant to the Payments Terms.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of MyScoot. Ratings and Reviews are not verified by MyScoot for accuracy and may be incorrect or misleading. 10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with MyScoot’s Content Policy and Extortion Policy. 10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.

11. Damage to Accommodations, Disputes between Members

11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. 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 Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable). 11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to MyScoot, you will be given an opportunity to respond. If you agree to pay the Host, or MyScoot determines in its sole discretion that you are responsible for the Damage Claim, MyScoot Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. MyScoot also reserves the right to otherwise collect payment from you and pursue any remedies available to MyScoot in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the MyScoot Host Guarantee. 11.3 Members agree to cooperate with and assist MyScoot in good faith, and to provide MyScoot with such information and take such actions as may be reasonably requested by MyScoot, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the MyScoot Host Guarantee), Experiences, or Co-Host agreements. A Member shall, upon MyScoot's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by MyScoot or a third party selected by MyScoot or its insurer, with respect to losses for which a Member is requesting payment from MyScoot (including but not limited to payments under the MyScoot Host Guarantee). 11.4 If you are a Guest or a Co-Host, you understand and agree that MyScoot 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, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by MyScoot under the MyScoot Host Guarantee). You agree to cooperate with and assist MyScoot in good faith, and to provide MyScoot with such information as may be reasonably requested by MyScoot, 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 MyScoot may reasonably request to assist MyScoot in accomplishing the foregoing.

12. Rounding off, Currency conversion

12.1 MyScoot may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, MyScoot will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, MyScoot may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, MyScoot may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000. 12.2 The MyScoot Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the MyScoot Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.

13. Taxes

13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, 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 Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
13.4 In certain jurisdictions, MyScoot may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts MyScoot or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize MyScoot (via MyScoot Payments) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by MyScoot will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where MyScoot is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by MyScoot relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to MyScoot's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by MyScoot in connection with facilitation of Collection and Remittance, if any. Guests and Hosts 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 MyScoot from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 MyScoot reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the MyScoot Platform. In connection with your use of the MyScoot Platform, you will not and will not assist or enable others to: ● breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards; ● use the MyScoot Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies MyScoot endorsement, partnership or otherwise misleads others as to your affiliation with MyScoot; ● copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the MyScoot Platform in any way that is inconsistent with MyScoot’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties; ● use the MyScoot Platform in connection with the distribution of unsolicited commercial messages ("spam"); ● offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the MyScoot Platform; ● unless MyScoot explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself; ● contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the MyScoot Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval; ● use the MyScoot Platform to request, make or accept a booking independent of the MyScoot Platform, to circumvent any Service Fees or for any other reason; ● request, accept or make any payment for Listing Fees outside of the MyScoot Platform or MyScoot 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 MyScoot harmless from any liability for such payment; ● discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior; ● use, display, mirror or frame the MyScoot Platform or Collective Content, or any individual element within the MyScoot Platform, MyScoot's name, any MyScoot trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the MyScoot Platform, without MyScoot's express written consent; ● dilute, tarnish or otherwise harm the MyScoot brand in any way, including through unauthorized use of Collective Content, registering and/or using MyScoot or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MyScoot domains, trademarks, taglines, promotional campaigns or Collective Content; ● use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the MyScoot Platform for any purpose; ● avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by MyScoot or any of MyScoot's providers or any other third party to protect the MyScoot Platform; ● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MyScoot Platform; ● take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the MyScoot Platform; ● export, re-export, import, or transfer the Application except as authorized by Indian law, the export control laws of your jurisdiction, and any other applicable laws; or ● violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that MyScoot has no obligation to monitor the access to or use of the MyScoot Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the MyScoot Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist MyScoot in good faith, and to provide MyScoot with such information and take such actions as may be reasonably requested by MyScoot with respect to any investigation undertaken by MyScoot or a representative of MyScoot regarding the use or abuse of the MyScoot Platform.
14.3 If you feel that any Member you interact with, whether online or in person, 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 MyScoot by contacting us with your police station and report number (if available); 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.

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or MyScoot terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the MyScoot Platform or by sending us an email. If you cancel your MyScoot Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your MyScoot Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, MyScoot may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address. 15.4 MyScoot may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) MyScoot believes in good faith that such action is reasonably necessary to protect the personal safety or property of MyScoot, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, MyScoot may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the MyScoot Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or MyScoot otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) MyScoot believes in good faith that such action is reasonably necessary to protect the personal safety or property of MyScoot, its Members, or third parties, or to prevent fraud or other illegal activity: ● refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content; ● cancel any pending or confirmed bookings; ● limit your access to or use of the MyScoot Platform; ● temporarily or permanently revoke any special status associated with your MyScoot Account; or ● temporarily or in case of severe or repeated offenses permanently suspend your MyScoot Account. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by MyScoot and an opportunity to resolve the issue to MyScoot's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your MyScoot Account or any of your Member Content. If your access to or use of the MyScoot Platform has been limited or your MyScoot Account has been suspended or this Agreement has been terminated by us, you may not register a new MyScoot Account or access and use the MyScoot Platform through an MyScoot Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

16. Disclaimers

If you choose to use the MyScoot Platform or Collective Content, you do so voluntarily and at your sole risk. The MyScoot Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the MyScoot Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by MyScoot relating to a Listing. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. You agree that some Experiences, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless MyScoot from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
MyScoot is not responsible for your personal belonging and luggage during any experience or host service that you will be part of. If you are bringing any personal belonging, you are solely responsible for it throughout the duration of your experience and to the maximum extent permitted by law, you agree to release and hold harmless MyScoot from all liabilities and claims that arise in any way from any theft, injury, loss, death or harm that occurs to you or your belonging during the Host Service or experience or in any way related to your experience.

17. Liability

17.1 Unless you reside in the EU, 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 MyScoot Platform and Collective Content, your publishing or booking of any Listing via the MyScoot Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither MyScoot nor any other party involved in creating, producing, or delivering the MyScoot Platform or Collective Content 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 (i) these Terms, (ii) from the use of or inability to use the MyScoot Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the MyScoot Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MyScoot 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 Hosts pursuant to these Terms or an approved payment request under the MyScoot Host Guarantee, in no event will MyScoot’s aggregate liability arising out of or in connection with these Terms and your use of the MyScoot Platform including, but not limited to, from your publishing or booking of any Listings via the MyScoot Platform, or from the use of or inability to use the MyScoot Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the MyScoot Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by MyScoot 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 MyScoot 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. If you reside outside of the U.S., this does not affect MyScoot’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If you reside in the EU, MyScoot is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. MyScoot is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of MyScoot in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of MyScoot is excluded.

18. Indemnification

You agree to release, defend (at MyScoot’s option), indemnify, and hold MyScoot 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the MyScoot Platform or any MyScoot Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) MyScoot’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the MyScoot Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the MyScoot Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. Applicable Law and Jurisdiction

21.1 These Terms will be interpreted in accordance with the laws of Delhi and India, without regard to conflict-of- law provisions. Judicial proceedings (other than small claims actions) in the Delhi court unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Delhi, India.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between MyScoot and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between MyScoot and you in relation to the access to and use of the MyScoot Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and MyScoot as a result of this Agreement or your use of the MyScoot Platform. 22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 MyScoot’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without MyScoot's prior written consent. MyScoot may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected. 22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by MyScoot via email, MyScoot Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which MyScoot transmits the notice.
22.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that MyScoot is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
22.9 We may send promotional emails about new products/events, special offers, or other information which we think you may find interesting based on the email-id and phone number provided by you. 22.10 We will be contacting you via email, phone or text messages, facsimile etc. to deliver certain services and information that is relevant like giving you alerts and notifications regarding your listings and usage of platform etc. 22.11 From time to time we may reach out to you for market research purposes to be able to customize your experience over the platform according to your interests. 22.12 If you have any questions about these Terms please email us.

Privacy Policy

We work hard to earn and keep your trust, therefore your privacy is our top most focus.
Information Collection
We collect information during registration, use of the services site, communicating with site members, admin, using content, content upload to our site. We also receive information about your IP address, cookies and pages you visited. Such informations are collected to provide best service, research, and overall product experience.
Information Usage
We require information collected to understand your needs and provide you with better services.
1. We may send promotional emails about new products/events, special offers, or other information which we think you may find interesting based on the email-id and phone number provided by you.
2. We will be contacting you via email, phone or text messages, facsimile etc. to deliver certain services and information that is relevant like giving you alerts and notifications regarding your listings and usage of platform etc.
3. From time to time we may reach out to you for market research purposes to be able to customize your experience over the platform according to your interests
Information Sharing
We will always obtain your prior specific consent before we share or disclose your personally identifiable information to any partner, and user. We are also accountable to disclose user information and the contents of the Accounts to the local law enforcement authorities under specifically defined circumstances. In case MyScoot service gets merged or acquired, we will be informing on the website about such developments. In case your profile is public, or your details are in public domain in our site, you will receive unsolicited messages from users in MyScoot.in and from external sources. When you have opted for receiving related information, we will use your information to you relevant advertisements, contents, events from us and our partners. Access to your name, email address and private details is restricted to our employees who need to know such information in connection with our services and are bound by confidentiality obligations.

IP Address

When you visit MyScoot.in, we receive the Internet protocol (IP) address of your computer, operating system information, browser information and name of your ISP. This information used to improve our service offerings, we are also legally accountable to pass the same information to legal authorities when requested. We also advanced web analytics, which provides information such as the URL of the site from which you came and the site to which you are going.

Links from Our Website

We have many pages containing external links. You are advised to verify the privacy practices of such externally linked websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Information, without assuring yourselves of the privacy policy of external linked websites.

How Secure is Your Information

We adopt appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored in your Account. Our employees also sign confidentiality agreements to use your data for product enhancement, bug fixes and for services only. Notification of Changes When there are significant changes to the privacy policy, the same will be posted on our websites in order to keep you informed of any changes in nature of information collected, manner of collection, use and sharing of information. Conflicts Between Privacy Policy & Terms At any time, when there is a conflict between the terms of service and the privacy policy, the Terms shall control. We don’t provide service to children under age 16, therefore we don’t collect informations and privacy policy makes no provision for children’s use of the site. If you have any questions, suggestions and comments regarding this privacy policy, please contact us at [email protected]

Payments Terms

Financial Terms for Bookings 1. Key Definitions “Payment Method” means a payment method that you have added to your MyScoot Account, such as a credit card, debit card or PayPal. “Payout Method” means a payout method is only the bank account mentioned by the host while creating an MyScoot, to which MyScoot will credit the payment after the successful completion of the event as per the terms. 1. Financial Terms for Hosts regarding Bookings If, as a Host, you are unable to conduct the event after the guest payment is done, the amount will be kept with MyScoot and transferred to the guest on getting such feedback. The payment for a successful MyScoot will happen within 5 working days, once the event has ended. 1. Financial Terms for Guests regarding Bookings You acknowledge and agree that, notwithstanding the fact that MyScoot is not a party to the agreement between you and the Host, MyScoot will deploy a payment gateway that acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to MyScoot’s payment gateway, your payment obligation to the Host for the Accommodation Fees is extinguished, and MyScoot is responsible for remitting the same (less the Host Fees and any Taxes in respect of the Host Fees), in the manner described in these Payments Terms. You as a Guest agree that MyScoot may charge your Payment Method the Total Fees for any booking requested in connection with your MyScoot Account. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that MyScoot , on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre- authorization via your Payment Method for the Total Fees. As a general rule, MyScoot will collect the Total Fees due once MyScoot receives confirmation of your booking from the applicable Host. In instances in which MyScoot is unable to collect Total Fees in the ordinary course, MyScoot may elect to collect Total Fees at a later point in time. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. Cancellation If a requested at-home event is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by MyScoot will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to MyScoot or its third-party payment processor(s). You agree to pay MyScoot for any confirmed bookings made in connection with your MyScoot Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by MyScoot 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 MyScoot to charge any Payment Method in your MyScoot Account in the event of damage caused at an Accommodation. If MyScoot Payments is unable to collect any amounts you owe for a confirmed booking or a Damage Claim, MyScoot Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to MyScoot by you. Such communication may be made by MyScoot or by anyone on their behalf, including but not limited to a third party collection agent. Please note that MyScoot cannot control any fees that may be charged to a Guest by his or her bank related to MyScoot collection of the Total Fees, and MyScoot disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method. 1. Service Fees and Other Fees Wherever applicable, MyScoot may also charge Taxes in respect of the Host Fees and Guest Fees. MyScoot deducts the Host Fees from the Event Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees. In case of a Host, there will be a 15% service charge (GST, as applicable in addition). In case of a Guest, there will be a 5% convenience charge (GST, as applicable in addition). Balances will be remitted by MyScoot to Hosts via the Payout Method selected by the Host in the Host’s currency of choice, depending upon the selections the Host makes via the Application and Services. Amounts may be rounded up or down. 1. General Booking and Financial Terms Cancellations and Refunds Full refund if the guest cancel's anytime before 24 hours of the check in time or if the host declines guest's interest or if the host cancels the event. 50% refund if the guest cancel's between 24 hours to 6 hours before the check in time. No refunds otherwise. In case of a no-show, there will be no refund. If a Host cancels a confirmed booking made via the Site, Services, and Application, MyScoot Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation. If the Guest requests to book an alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then MyScoot Payments will collect the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Payments Terms. If, as a Host, you cancel a confirmed booking, you agree that MyScoot may collect any cancellation fees imposed. Cancellation fees may be withheld from your future payouts or charged to the Payment Method on file in your MyScoot Account. If MyScoot decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services, you agree that MyScoot and the relevant Guest or Host will not have any liability for such cancellations or refunds. 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 Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. Refund Processing In case of cancellation MyScoot Payments will refund the amount as per the applicable cancellation policy within a commercially reasonable time (20 business days) of the cancellation. All refunds shall be processed in the same manner as they are received. Refund amount will reflect in your account based on respective banks policies.

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