Terms of Service - MyScoot

MYSCOOT TECH PRIVATE LIMITED

Terms for Host and Guests


Effective Date of the current Privacy Policy: 25th October 2019

All terms used with a capitalized first letter shall have the meaning assigned to them hereunder. Terms not defined herein shall have the meanings assigned to them in the Terms of Use available at Terms.

The MyScoot Platform is an online marketplace that enables Members to avail from Hosts any of the services they offer on the MyScoot Platform and to communicate and transact directly with Members that are seeking to book such Host Services.

  1. Terms specific for Hosts

    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)offer, as a Host, any Accommodation that you yourself own or have permission to make available as a residential or other property through the MyScoot Platform; (iii) 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 (iv) 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. 

    2. Only Host above the legal age to drink alcohol as prescribed in the particular state of the Event can create an Event at which alcohol is being included or being served.

    3. In Listings where alcohol is being involved Hosts are responsible to ensure that the Guest are of the legal drinking age.

    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. 

    5. 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. 

    6. 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. 

    1. 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. 

    2. 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.

    3. 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. 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.

    4. The Host shall not engage in any illegal activity or conduct any illegal activity at the Event. The Host shall be solely liable for the same.

    5. MyScoot shall have to right to use for promotional purpose any photos uploaded by the Host of an Event or uploaded on the Platform by the Host.

    6. MyScoot shall have the right to all photos taken by MyScoot through a representative or MyScoot photographer in an Event at the request of the Host.

    7. The Host shall have the sole right to make decisions on matters related to the Event.

    8. MyScoot is merely an intermediary between the Host and the Guest and shall not be liable for any actions or inactions of the Guests or Co Hosts.

    9. 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. 

    10. Accommodation

      If a Host includes stay as part of the Event then You represent and warrant that any Listing and experience you post and the booking of, or a Guest's stay at, an Accommodation will

      1. not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and

      2. 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).

    1. Listing Experiences, Events and other Host Services 

      • 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.

      • 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.).

      • 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.

    1. 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. 

  1. Terms for Co-Hosts

    1. 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.

    2. 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. 

    3. 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.

    4. 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. 

    5. 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. 

    6. 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. 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.

  1. Terms specific for Guests

    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 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. 

    1. 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.

    1. 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.

    1. Booking Experiences, Events and other Host Services 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.

    1. 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.

    1. Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.  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. 

    • Only Guest above the legal age to drink alcohol as prescribed in the particular State of the Event can attend an Event at which alcohol is being included or being served. In case the Guest choose to attend such Event and are below the legal age the Guest shall not be permitted to consume alcohol.

    • In case of an Event which includes bring your own bottle (“BYOB”) the Guest shall comply with all the State legislations at which the Event has been conducted. No Guest below the legal shall consume or bring their own alcohol to an event.

    • The Guest shall not engage in any activity that is illegal as per the law. The Guest shall be solely liable for the same.

    • The Guest shall not be permitted to bring additional individuals to the Event. The Host shall have the right to restrict entry in case of additional individuals brought to the Event.

    • MyScoot shall have to right to use for promotional purpose any photos uploaded by the Guest of an Event.

    • MyScoot is merely an intermediary between the Host and the Guest and shall not be liable for any actions or inactions of the other Guests, Host or Co Host.

    • Damage to Accommodations, Disputes between Members

      • 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.

      • 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. 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 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.

      • You also authorize MyScoot to charge any Payment Method in your MyScoot Account in the event of damage caused at an Accommodation.

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