Terms of Service
Siliconmade ARGE Yazılım Bilişim A.Ş. (“Siliconmade”), a limited liability company, incorporated under Turkish law, registered in Istanbul with company registration number 118602-5, having its registered address at Dikilitaş Mah. Saraka Sok. Dilek Apt. 14/8 Beşiktaş Istanbul Turkey, Tax ID number 7700662167, provides an online “localexperience.co” platform that connects locals who wish to share their knowledge of and experience with specific travel destinations with visitors seeking to receive locals’ services related to visiting such destinations.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of “localexperience.co” platform services (the “Services”) provided by Siliconmade and access of such Services through the website www.localexperience.co (the “Site”) or application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.
KEY DEFINITIONS AND INTERPRETATION
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Local-experience” means services that a Local may provide to a Visitor in relation to a specific travel destination (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Local-e services as Locals on the Localexperience.co platform.
“Local-experience Fee” means an amount due and payable by a Visitor for the Local-experience with a Local on an hourly basis which is determined by the Local himself/herself.
“Local” means a User - a natural person who creates the Profile via the Site, Application and provides the Local-experience services.
“User” means an individual who completes Localexperience.co account registration process, including but not limited to the Locals and Visitors.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Visitor” means a User who requests from a Local a booking of the Local-experience via the Site, Application or Services.
“you”, “your” and “yours” means you a User of the Site or Application.
“we”, “us” and “our” are references to Siliconmade.
Interpretation of Localexperience.co host
On Localexperience.co, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his personal local experience with travellers he/she meets on Localexperience.co so that they could become acquainted with the area from the perspective of a local. Localexperience.co local hosts must meet all legal requirements to give tours in their area. In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However, if a Localexperience.co host is simply accompanying travellers, offers practical advice or shares his experience about ‘best bars and restaurants’, ‘non-touristic spots’, ‘shopping areas’ etc. he may just be a passionate local person without any formal training in tour organising.
Description of the Services
Siliconmade makes available an online platform for the Locals and Visitors to meet online and arrange for the Local-experience directly with each other.
By using the Site or Application, the Locals may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves available to offer the Local-experience to the Visitors. Based on the Profiles, the Visitors may select the Locals to provide the Local-experience.
Role and responsibilities of Siliconmade
Siliconmade is not a tour operator nor it is a travel agent. Siliconmade does not provide the Local-experience or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Locals and Visitors in arranging for the Local-experience and (ii) processing payment transactions between the Locals and Visitors, when the latters book the Local-experience. With reference to above, you understand and agree that Siliconmade is not a party to any agreement between the Local and Visitor in relation to the Local-experience.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Siliconmade and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
Subject to your compliance with these Terms, Siliconmade grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
YOUR USE OF THE SERVICES
You are responsible for any actions that take place while using your Localexperience.co account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Siliconmade is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Requirements for the Locals, Profiles and Local-experience
If you are Visitor, you understand and agree that a local is not a licenced and/or qualified tour guide, it is a friend who shares his/her own city experiences with you and provides a safe and secure local experiences that you may not find as a tourist. If you are looking for a tour guide, please check local’s profile and look for message that he/she is a licenced tour guide.
As a Local, you may create Profile where you can showcase a range of original local Local-experience as well as personal information you wish to share with Visitors about you and your area. The Profile will be made publicly available via the Services, and Visitors will be able to book Local-experience via the Site, Application and Services based upon the information provided in your Profile. Visitors will also be able to provide feedback on your Local-experience and rate you as a Local. We will monitor all feedback obtained from Visitors prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Visitors.
If you are Local, you represent and warrant that your Profile and Local-experience (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any Local-experience offered by a Local must comply with the following requirements: (i) the Local-experience has to be delivered personally by the Local who confirmed the booking, (ii) the Visitor may not be joined to the Local-experience booked by or delivered to other Visitors, (iii) the number of the Local-experiences that the Local may deliver per day is limited to one.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Siliconmade assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. Siliconmade is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Local-experience. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed via Localexperience.co payment system. In case you bypass the Localexperience.co platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on Localexperience.co can be reviewed by Localexperience.co staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Local-experience, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organisation or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorised access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Siliconmade, a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Siliconmade chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
You agree that Siliconmade ARGE Yazılım Bilişim A.Ş., in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the site for any reason or no reason upon sending notice to you at the email address you provide during registration or such other email address as you may later provide to us. If we terminate your access for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.
If you are a Visitor and wish to book the Local-experience, you may do so either through the Site or Application. In case information provided in a Profile of a particular Local is not sufficient for you to decide on the Local-experience or you have any special requests relating to the Local-experience, you will be able to discuss this with the Local via private messaging facility. In order to book the Local-experience and Contact the Locals, you will be asked to provide customary billing information such as name, billing address and credit card information. The Local-experience Fee payable in connection with the Local-experience and booking will be displayed to you before sending a booking request to a Local. As a Visitor, you agree to pay Siliconmade the Local-experience Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Local.
If you are a Local and a booking is requested for your Local-experience through the Site or Application, you will be required to either confirm or reject the booking before the day of when the booking is requested. Otherwise the booking request will be automatically cancelled.
Fees and Pricing
Visitors are required to register (which is free of charge) to book and contact Locals and there is no fee-based membership or subscription to the Local-experience platform.
The Local-experience Fee displayed on the website for each Local is determined based on the amount asked by a Local for providing Local-experience and the commission fee charged by Siliconmade.
Before setting the Local-experience Fee, the Local must evaluate the fees and any local taxes applied for providing Local-experience services. The Local-experience Fee has to include any such fees and taxes that the Local determines that he/she has to collect. The Local-experience Fee displayed in the advertisement of a Localexperience.co or Profile only includes fees and taxes to be paid for the reservation of a Local and it does not include any related costs and expenses that may be incurred as part of the Local-experience (e.g. transportation costs, restaurant bills, museum entrance fees… etc.). Such expenses will be separately paid out by the Visitor to the Local or to third party service providers depending on the circumstances.
As a Local you understand and agree that a commission rate will be applied on the Local Experience Fee and will be deduced over the amount paid by Visitors for the Local-experience. The commission deduced amount will be transferred to a Local and the amount received will be considered as your personal income and taxes will be accounted for the entire amount paid to the Local.
A Visitor can make a payment either by cash or credit or debit card. If the payment will be made in cash, the Visitor will make the payment to the Local at the meeting before the beginning of the Local-experience. If a Visitor opts for making payment by credit card, the payment will be made once a Local accepts his/her booking. At the time of payment, a credit or debit card of the Visitor, who made the booking, is debited the full amount of the Local-experience Fee. The funds on Local’s Localexperience.co account balance will be available for withdraw not earlier than 24 hours after the Local-experience service is completed.
We will initiate transfer to the Local within 24 hours after receiving the request following completion.
Cancellations and Refunds
If, as a Visitor, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the day of the Local-experience, 100% of the Local-experience Fee will be refunded to you. The same amounts shall be refunded to you in case a Local cancels a confirmed booking prior to the day of the Local-experience. Any confirmed and paid booking cancellation must be initiated by telephone to the Localexperience.co office at +90(555)0354530 or by email to email@example.com. We will acknowledge and confirm your cancellation by email.
As a Visitor, you are also entitled for a refund of 100% of the Local-experience Fee in case a Local fail to arrive for the Local-experience. As a Visitor, you have 24 hours after the end of Local-experience to initiate a dispute. If as a Visitor you do not cancel your booking prior to the day of the Local-experience the payment is not refundable.
Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.
LIMITATION OF LIABILITY
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.
Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
MODIFICATION OF THE SERVICES
Siliconmade reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Siliconmade will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms constitute the entire and exclusive understanding and agreement between Siliconmade and you regarding the Site, Application and Services.
Siliconmade may assign its rights and obligations under these Terms to any party at any time without notice to you.
Siliconmade may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.
The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and Siliconmade ARGE Yazılım Bilişim A.Ş..
Siliconmade reserves the right to revise these Terms at any time. Siliconmade will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by Siliconmade ARGE Yazılım Bilişim A.Ş.. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
The failure of Siliconmade to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Services are rendered to you under and in accordance with Turkish law. Any dispute between you and Siliconmade is governed in all respects by Turkish law and Istanbul Central (Çağlayan) Courts and Execution offices will have jurisdiction in all disputes arising from this Agreement.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Siliconmade (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.