Last Updated: 4/27/18
Acceptance of the Terms.
Welcome to LokaPack. The following terms and conditions, (these “Terms”) are entered into by and between LokaPack LLC (“we” or “us”) and you (“you”). These Terms govern your access to and use of our website, www.lokapack.com (the “Site“) and your access or use of any services, products, photos, videos, information or other materials made available by us on our Site (collectively with the Site, the “Services”).
Please read these Terms carefully. By accessing or using the Services, you agree that you have read and agree to be bound by these Terms. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not agree to all of these Terms, you may not use the Services.
We reserve the right to update and revise these Terms at any time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. We’ll also update you when we make significant changes, either through a pop-up notice on the Services, via e-mail or through other reasonable means. If you continue to use the Services after we make any changes to these Terms, you agree to be bound by these Terms as modified. If you don’t agree with any changes that we make to these Terms, you unfortunately will no longer be able to use the Services.
Your use of, and participation in, certain Services offered by the Company may also be subject to additional terms (“Supplemental Terms”). If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such service.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. If you are under the age of 18, you are not permitted to use the Services.
Additionally, you can only use the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.
Members will receive access to guides, content, newsletters and member forum board. Possible other features include but are not limited to customized itineraries, personalized recommendations, discounts/privileges at partner hotels, partner restaurants and/or preferred travel agents. This membership is non transferrable and the benefits are available only to name members.
To become a Member you must complete an Application Form, which is available on the Site, and provide us with letters of recommendation from two current members. The letters of recommendation may be [emailed/uploaded, and contain X]. You agree to: (1) provide true, accurate, current, and complete information about yourself in the Application Form, and; (2) maintain and promptly update us about any changes to the Application Form to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Membership and refuse any and all current or future use of the Services.
Membership Fees; Payments; Refunds
Once you have been accepted as a Member, there is a [annual/biennial] Membership Fee of [X]. [You can find Membership information at www.internalsitelink.com.] You must provide a valid credit card that will be used solely to pay any Fees, including the Membership Fees (as changed from time to time, the “Credit Card”). You may change the Credit Card that you want to be used in connection with the Services, but we must always have a valid Credit Card available for the payment of all amounts due under these Terms, including the Membership Fees. By agreeing to these Terms, you authorize us to charge the Credit Card for all such amounts due in connection with the Services. We may modify the Membership Fees and any other fees in connection with any of the Services in our sole discretion.
Your Membership Fees shall be automatically charged to your Credit Card upon the renewal of your Membership unless you terminate your membership by contacting us at firstname.lastname@example.org at least 30 days prior to the renewal date.
ALL FEES, INCLUDING THE MEMBERSHIP FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS REQUIRED BY LAW OR AS OTHERWISE AGREED BY US IN OUR SOLE DISCRETION. Should you cancel your Membership, there shall be no refund of any Fees paid prior to such termination.
Member Message Board.
Members will have access to a Message Board, where they may share [x]. The Message Board will be provided by a third party provider, and will not be monitored by us. However, if you need to report inappropriate behavior and/or use of the Message Board, please notify us at email@example.com. We may, in our sole discretion, terminate Membership of any individual who uses the Message Board for inappropriate purposes, including but not limited to the prohibitions listed in the “Your Responsibilities and Restrictions” section, below.
When you access and use any of the Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us on your Membership Application and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you change or deactivate the email that you used to create a Membership account, you must update your account information within [72 hours] to prevent us from sending to someone else messages intended for you.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify us at firstname.lastname@example.org. You may be liable for the losses incurred by us or others due to any unauthorized use of your account or any of the Services.
You may terminate your Membership at any time. You agree that we may, in our sole discretion, for any or no reason, and without penalty, may terminate your Membership and your use of the Services or any account (or any part thereof) you may have with us and remove and discard all or any part of your account, user profile, and any information that you have previously provided, at any time. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
Intellectual Property Rights.
All materials displayed or made available by us on the Services, including, but not limited to photographs, images, videos, illustrations, graphics, text, articles, data and other materials and information (collectively, the “LokaPack Content”), are owned by us or our third party licensors and are protected by intellectual property laws. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms or acquire any other rights other than the right to use the Services in accordance with these Terms. You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any LokaPack Content accessed through the Services and that you will not use, copy, modify, publish, distribute, download, upload, display, license, sell or otherwise exploit for any purposes whatsoever any LokaPack Content except as expressly permitted below. You agree that you expressly disclaim any intellectual property rights to any content shared by you on the Message Board.
We grant you a limited license to use the Services and the LokaPack Content contained within the Services for your own personal, non-commercial enjoyment (meaning, you may not leverage the Services as a separate business) and only in accordance with these Terms and all laws that apply to you.
To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at email@example.com.
Third Party Materials and Content.
You understand that Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). We encourage you to read the terms of service and privacy policies of these sites.
You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
Your Responsibilities and Restrictions.
You may only use the Services in accordance with these Terms any other policies that we may provide to you or post on the Site. You agree that you will not use (or encourage anyone else to use) the Services in a manner that: (1) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; (2) violates any law, statute, ordinance or regulation; (3) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or libelous; (4) violates the security of any computer network, or cracks any passwords or security encryption codes; (5) runs “spam” on the Services or otherwise interferes with the Services (including by placing an unreasonable load on the Services’ infrastructure); (6) scrapes any portion of the Services; or (7) modifies, adapts, translates, reverse engineers, decompiles, disassembles any of the contents of the Services into any form not so intended to be read.
Warranty Disclaimers; Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT YOUR USE AND/OR RELIANCE ON OUR SERVICES IS DONE AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY THAT MAY RESULT FROM YOUR USE OF THE SERVICES AND/OR LOKAPACK CONTENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY LOKAPACK CONTENT IS ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY LOKAPACK CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Services or your use of any information obtained through use of the Services.
Modifications and Termination of the Services
We reserve the right to change, suspend, discontinue, cancel or terminate any part of the Services at any time in our sole discretion. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event the Services are terminated, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
Choice of Law; Arbitration.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND LOKAPACK HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND LOKAPACK WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor LokaPack will participate in a class action or class-wide arbitration for any disputes covered by these Terms TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
Any arbitration shall take place in New York County, New York and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and LokaPACK agree that any judicial proceeding must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering New York County, NY. Both you and LokaPack irrevocably consent to venue and personal jurisdiction there.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Subject to any Supplemental Terms, these Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
Notices and Communications.
We may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us. You may send us a request to opt out of some of those communications by emailing us at firstname.lastname@example.org.
Comments, Concerns and Complaints.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to email@example.com.