General Terms and Conditions
The Services offered by Livly Technologies Inc. (as defined below) can only be used by registered Users, such as Tenants, Corporate Rentals, and Property Suppliers (alternately, “User,” “Members.” “You,” “Your,” “Your, "”, "Property Suppliers") who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is impossible to use Livly ’s Services, whether as a Tenant or Property Supplier, without accepting these terms and conditions. The User undertakes to fulfill the obligations contained within these terms and conditions and any other agreements they may enter with Livly. The agreement between the User and Livly comes into force as soon as any User affirmatively accepts them, such as by clicking “I Accept” in connection with having the opportunity to read, and accept, these General Terms and Conditions before using any Service offered by Livly.
User should save and/or print a copy of these terms and conditions for future reference when making a Rentals.
Article 1. Definitions and Scope
1.1. Definitions
The following definitions have the same meaning, whether they are singular or plural.
‘Affiliate’ means any company, corporation, partnership, limited partnership, limited liability company, trust, or other entity that is a parent or subsidiary of Livly, or any company, limited liability company, corporation, or other entity with any owner in common with Livly.
‘Cleaning Fee’ means a fee that the Property Supplier shall collect from a Tenant, in addition to Rent, which the Property Supplier shall set from time to time in its sole and absolute discretion.
‘Property Supplier’ means a Property Supplier of rental Property, such as a property owner, manager, or other service or entity that makes any property or other service or product available for Rentals, lease, sale, or subject to any other transaction by Livly online Marketplace.
‘Property Supplier Fee’ means a Service Fee charged to you when you list a property, this fee is 10%. These fees are calculated from the rental subtotal (the total rental amount of the combined monthly rate) if applicable, but excluding Livly (Fees) and are automatically deducted from the payout.
‘Agents’ means a User who assists Property Suppliers with their rental listings. This option is available for Property Suppliers that have listed Property via the Livly online marketplace and is available or Livly Channel or otherwise transacts for one or more of the Services offered on the Website.
‘Force Majeure Event’ means an unforeseeable act or event beyond that Party’s reasonable control, such as war, work stoppage, general strike, fire, natural disaster, air carrier interruption, government action, riot, or other act of god; provided, however, that a Force Majeure Event does not include economic hardship, changes in market conditions, bankruptcy or receivership, litigation, or insufficiency of funds.
'Corporate Leasing Team' means a team provided by Livly that works directly with our corporate rental companies to accommodate the lease signing process and payments.
‘Livly Technologies Inc.' means ("We", "Us", "Livly"),
‘Livly Channel’ means any affiliate website or distribution or listing service used by Livly to market, advertise, display, list, or make the Property available for Rent.
‘General Terms and Conditions’ means these general terms and conditions for Rentals and use, as amended from time to time.
‘Tenant’ means and includes Tenant and the individual who creates or pays for any Rentals for a Property listed by a Property Supplier, whether through the Website or any Livly Channel (including Livly ’s Affiliates), the named or identified beneficiary or individual holding such a Rentals, and the invitee of any individual who creates or pays for any Rentals who the individual creating or paying for the Rentals intends to allow to use the Property or otherwise receive a benefit of the Rentals.
‘Tenant Service Fee’ We charge the Tenant a Service Fee that ranges between 5% and 15% of the rental total (the total rental rate) and is calculated using a variety of factors—these include the Rentals subtotal, the length of the rental, and characteristics of the listing. In general, the service fee gets lower as the rental cost gets higher. Tenants see this fee on the checkout page before completing the Rental.
‘Images’ means images of the Property that You own or have the full right to license to Livly for its use, including on the Website and Livly Channels, under these General Terms and Conditions.
‘Listing’ means an online description of the Property that advertises, markets, promotes, or otherwise communicates the availability of the Property for Rentals by a Tenant, and which shall be created by Livly on its own or using information You provide (including Images and promotional writing or materials You previously created in connection with the Property), to be distributed on the Website and through any of the Livly Channels.
‘Property’ means the piece or pieces of real property located at the address You, as a Property Supplier, identify to Livly , and such addresses shall be deemed part of this Agreement and subject to its terms and conditions as if that information was fully set forth herein, and which You agree to update from time to time to include proposed additional pieces of real property for inclusion within this Agreement.
‘Rate’ means the amount of Rent a Tenant shall pay, or is payable by the Tenant, concerning the Property, not including Taxes, fees, charges, or any other costs imposed on Tenants by the Property Supplier.
‘Rentals’ means the scheduling of a Property, whether or not under a Listing, for occupancy for one or more nights by a Tenant through any Livly Channel that Livly facilitated, captured, or caused to be made.
‘Rules and Restrictions’ means the terms and conditions applicable to the Property Supplier that provides properties available for rental through Livly and the Website. Not all Property suppliers will have separate Rules and Restrictions.
‘Service,’ except where otherwise defined, means a service offered on the Website, whether the Rentals of property for use or the offering of property for use by third parties through Rent made through Livly ’s Website.
‘Service Fees’ mean, collectively, Tenant Service Fees, Property Supplier Fees, and any other fees Livly may charge and collect from time to time in the future.
‘Technology’ means Livly.app, and the Livly app includes but is not limited to rental listings and payment processing systems.
‘Website’ means the www.Livly.app website.
1.2. Livly Scope
The Livly 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 “Property Suppliers” and the services they offer are “Property Supplier Services”) to publish such Property Supplier Services on the Livly Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Property Supplier Services (Members using Property Supplier Services are “Tenants”). Property Supplier Services may include the offering of long-term or short-term rentals or other properties for rent (“Rentals“).
If you choose to use the Livly Platform as a Tenant or Property Supplier (as defined above), your relationship with Livly is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Livly 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 Livly . Livly does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Property Supplier Services. You acknowledge and agree that you have complete discretion whether to list Property Supplier Services or otherwise engage in other business or employment activities.
These General Terms and Conditions apply to offering and providing of the Services by Livly whether used by Tenants or Property Suppliers. Livly operates a Website that acts as an interface between the Tenant and the various Property Suppliers offering the Services, including Livly . These General Terms and Conditions are subject to the Property Suppliers’ Rules and Restrictions which are made available to the and which the Tenant also accepts at the moment that a Rentals is actually placed. The Tenant’s responsible for familiarizing himself/herself with the Property Suppliers’ Rules and Restrictions and any third-party Rentals service Property Supplier’s terms and conditions.
The General Terms and Conditions can be changed by Livly at any time without prior notice, although such changes will not apply to Rent that have already been accepted by Livly on behalf of the Property Supplier(s) concerned, and the Tenant and Property Supplier shall be required to accept any changes to the General Terms of Conditions to continue their relationships and conduct further business with Livly . It is therefore essential that Tenant and Property Suppliers read, save and/or print a copy of the General Terms and Conditions at the time the Rentals is placed, in order to be aware of the provisions in force.
Article 2. Rentals via the Website
2.1. Tenant’s and Guests
The Website helps the Tenant to find corporate rental properties, the Tenant must be at least 18 years old, be legally authorized to enter into contractual obligations, have the requisite consent or authority to act for or on behalf of any persons included in a Rentals and must use the Website in accordance with these General Terms and Conditions and the Website Terms of Use. The Tenant is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her username and password. The Tenant guarantees that the information entered by him/her on the Website in relation to him/her is accurate. Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be a reason for refusing the Tenant access to the Services offered by Livly and the Property Suppliers or to the other functionalities of the Website.
2.2 Confirming
Confirmation of a Rental is made by a Tenant, which includes the essential elements such as the description of the Service(s) reserved and the price, which will be sent to the Tenant’s e-mail. If the Tenant does not receive a confirmation e-mail within 24 hours of placing the Rental, the Tenant should contact Livly support@Livly .com. It is expressly agreed that the data stored in the information systems of Livly and/or its Property Suppliers shall constitute proof with respect to the Rental made by the Tenant. Data stored in computers or electronic media are valid proof and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
2.3 Cancellation by Tenant
Any booking or rental may be canceled by requesting to cancel on Livly booking page. All such requests will be dealt with by the Property Suppliers concerned. The Tenant does have an automatic right of cancellation for free based on the cancellation and booking policy in section 2.5 below. Please refer to the Rules and Restrictions of which the Tenant is notified in the rental process for more details. The Property Supplier reserves the right to cancel Your Rentals if full payment is not received in a timely fashion or if the method of payment You provide is canceled, reversed, revoked, or charged back.
2.4 Change of Rentals
If after making the Rentals the Tenant wants to change the move-in dates of the rentals and/or the property selected, the Tenant should first message the Property Supplier, fees may be imposed by the applicable Property Supplier in the event of a change to a rental – please refer to the Rules and Restrictions of which the Tenant is notified in the Rentals process for more details.
2.5. Cancellation and Payment Policy
Flexible:
- 100% refundable if you cancel your booking more than 14 days before the check-in date, no refund will be granted if you cancel within 14 days before your check-in.
- Payment Policy: 50% is due on the booking date; the final balance is due 14 days before arrival.
Moderate:
- 100% refund if you cancel your booking at least 30 days before your check-in date. No refund will be given if you cancel within 30 days of your check-in.
- Payment Policy: 50% is due on the booking date; the final balance is due 30 days before arrival.
Firm:
- 100% refund if you cancel your booking at least 60 days before your check-in date. No refund will be given if you cancel within 60 days of your check-in.
- Payment Policy: 50% is due on the booking date; the final balance is due 60 days before arrival.
Strict:
- None Refundable; you understand and agree that if you rent this property, the payment is not refundable.
- Payment Policy: 100% is due on the booking date
Long-term (over 30 days): the first month’s rent is due on confirmation, thereafter, rent payments are due every 30 days.
2.6 House Rules
The Property Supplier can set custom house rules for each property that the Tenant accepts when they rent the home. You must read and understand the house rules before renting on Livly. The house rules must abide by state and federal fair housing laws and must be non-discriminatory.
Article 3. Specific Services to Tenant
Livly operates the Website, which acts as an interface between the Tenant and the Property Suppliers concerning offering and supplying all Services. This Article aims to provide details of the terms and conditions of use of the Services provided by the Property Suppliers for the Tenant’s information. These details are not exhaustive and do not replace the Property Suppliers’ Rules and Restrictions. In the event of any conflict or inconsistency between the General Terms and Conditions and the Rules and Restrictions or any third-party Rentals service Property Supplier’s terms and conditions, the Rules and Restrictions or the third-party Rentals service Property Supplier’s terms and conditions will prevail. The Rules and Restrictions of Property Suppliers are made available before making a Rentals.
Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of Livly .
3.1. Services
The Services are subject to the Rules and Restrictions of the Property Suppliers offering the accommodation, which will be made available before Rentals. The Rules and Restrictions may include restrictions on and/or charges for cancellation and/or changes imposed by the Property Suppliers.
Subject to the following Sections within these General Terms and Conditions, all Rent made by a Tenant on the Website shall result in the Tenant being charged for the full payment upon the time of Rentals. Please refer to the details shown during the Rentals process to confirm how and when payment will be made. Prices shown on the Website do not include any fees charged by the Property Supplier or charges for optional supplements, including minibar snacks or telephone calls.
If a Tenant does not show up for the first night of the Rentals and plans to move in for subsequent nights in the Rentals, the Tenant must confirm the Rentals changes with Livly no later than the original move-in date to prevent cancellation of the whole Rentals. If the Tenant does not confirm the Rentals changes with Livly, the whole Rentals may be canceled in Livly ’s sole and absolute discretion with no refund to the Tenant.
Any Tenant who does not cancel or change their Rentals before the cancellation policy period applicable to the Property Supplier, which varies among Property Suppliers (usually 24 to 72 hours), before the date of arrival will be subject to the charges shown in the Rules and Restrictions for the Property Supplier. Tenant should note that some Property Suppliers do not permit changes to or cancellations of Rent after they are made, and these restrictions are shown in the Rules and Restrictions for the Rentals.
3.2.1. Use of Reserved Properties
You can coordinate with the Property Supplier to schedule a suitable move-in time. In general, properties are available to move in at or around 15:00 local time and usually are vacated by 11:00 local time. Please note that Property Suppliers may have different move-in times posted on the listing.
3.2.2. Taxes
The local authorities in certain states, counties, cities, and other municipalities may impose additional taxes (tourist tax, etc), which generally must be paid locally. The Tenant is exclusively responsible for paying such additional taxes. The amount of taxes can change between Rentals and stay dates. If taxes have increased as of the beginning date of Your Rentals, You will be liable to pay taxes at the new higher rate.
3.3. Destination Services
Property Suppliers may offer services where their property is located separately or as part of a package offered through Livly. These Services are subject to the Rules and Restrictions of the Property Suppliers offering the local activities and are not usually transferable nor eligible for refunds or changes (unless canceled by the Property Supplier).
3.4. Activities
It is possible that, occasionally, Services offered by the Property Suppliers that are shown in the description on the Website are canceled for reasons such as weather conditions or other reasons beyond the reasonable control of the Property Supplier, out-of-season stays, or if the required number of participants for the activity is not achieved. Tenants are referred to the applicable Property Supplier’s House Rules and Restrictions about refunds in such circumstances.
3.5. Rent Payments
The Service allows Tenants to pay Rent Payments online and rental applications for their properties, potential tenants to submit rental applications, and tenants to make online rent payments and, at the request of Property Suppliers, order and share credit reports and background check reports with Property Suppliers. The service also provides access to renters' insurance (through our affiliate insurance services in select markets). Tenants paying your rent with Livly from your checking account (via the ACH network) is free. Payments by credit/debit card involve a processing fee of 2.95%, which will be added to the amount of your payment. Property Suppliers can withdraw rent payments from Livly Wallet the day after the Tenant moves in. If the rental term is longer than 60 days, rent can be withdrawn monthly. A copy of your credit report and/or background check report can be ordered and shared with a prospective Property Supplier for a one-time fee, as described on our pricing page. If we ever change our fees or introduce new features that have additional fees, we’ll let you know first via email or the site. You can cancel the service anytime if you don’t want to pay the new fees. We don’t offer refunds for fees you’ve already paid.
3.5.1. Fund Transfer
Livly uses PNC Bank to execute online bank payments. To use the payment functionality of our application, you must provide your banking information. You authorize us to collect and share your personal information with PNC Bank, including your full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your balances through our application, and account notifications will be sent by us, not PNC Bank. We will provide customer support for your account activity and can be reached at support@golivly .com
This may be updated from time to time. To avoid doubt, if any payment you initiate using the Service is not successfully completed, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until canceled.
3.5.2. Approval of Inquiry
Approval by the Property Supplier of the application made by the Tenant through the Livly Website Mobile App will depend on the availability of the property listed on the Website, Property Suppliers agrees to follow the Non-Discrimination Policy. Approval by the Property Supplier on Livly will notify the Tenant to complete any final payments.
3.5.3. Prices
The Rates on the Website specify the Services included in the price for each Rental. Prices are shown in US Dollars. Unless expressly stated otherwise, prices and Rates do not include insurance, airline services, ground transportation, visa and vaccination charges or any personal expenses (laundry, food, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the confirmation of Rentals. If Livly and/or Property Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment for the Rentals, the Rentals will be cancelled and the Tenant shall be liable for all the expenses arising from such cancellation, in addition to the full value of the Rentals, without prejudice to any action that might be taken against him/her by Livly or Property Supplier.
3.5.4. Cancellation and Change by the Tenant
3.5.4.1. Cancellation
Requests by the Tenant for canceling or changing a Rentals must be submitted online, such requests will be dealt with on behalf of the Property Suppliers concerned.
3.5.4.2. Effects of Cancellation
Please note that Rent is subject to the Rules and Restrictions of the Property Supplier and separate cancellation charges imposed by the Property Supplier may apply.
3.5.4.3. Change of Rentals
If after making the Rentals on the Website a Tenant wants to change the Rentals concerning the date of the property reserved, the Tenant should email support@golivly.com. A fee may be imposed by the applicable Property Suppliers or Livly in the event of a change to a Rentals – please refer to the Rules and Restrictions notified in the Rentals process for more details.
3.5.4.4. Replacement of Participant
A registered participant in a Rentals can be replaced by a third party if Livly is informed of this at least 15 days before the start of the Rentals. However, Livly can object to the change of participant if the participant does not comply with the Property Supplier’s Rules and Restrictions, or if their participation is in conflict with legal regulations. If a replacement participant enters into the contract on Tenant’s behalf, then the Tenant, together with that replacement person, are jointly and severally responsible for the cost of the trip and any additional costs (including any administration fees charged by Livly or Property Supplier arising from such a change) arising from the inclusion of the third party and including any cost to Livly or Property Supplier for making the change.
3.5.4. Cancellation and Change by Property Supplier
3.5.4.1 General
Livly will inform Tenant immediately of changes or differences to their Rentals. Changes or differences to the Rentals that become necessary after the Rentals is concluded and Tenant has completed their stay at the property reserved through Livly, and are not brought about by Livly in bad faith, are permitted insofar as the changes or differences are not significant and they do not affect the overall duration of the Rentals. The same rights apply to the altered Rentals as applied in respect of the original Rentals.
3.5.4.2. Price Changes
If the time between Rentals and the date the Rentals begins is greater than 30 days, Livly retains the right to change the prices agreed at the time of Tenant making the Rentals to reflect increases in price for the property reserved based on factors such as availability and demand. Livly will absorb – and Tenant will not be charged for – any increase of up to 2% of the price of the total Rentals value, excluding any amendment charges. Tenant will be charged for the amount over and above this. If this means the Tenant has to pay an increase of more than 10% of the price of the Rentals, the Tenant will have the option of accepting an alternative Rentals if Livly is able to offer one or canceling and the Tenant receiving a full refund of monies paid to Livly . There will be no price changes within 30 days of the date of the Rentals’ commencement.
3.5.5 Property Supplier Rules and Restrictions
Livly works with Property Suppliers of properties to be reserved through Livly and its Website but does not control these Property Suppliers. The Services are subject to the Rules and Restrictions of the Property Suppliers offering the travel and lodging services and products. The Rules and Restrictions of Property Suppliers of accommodation services are made available prior to making a Rentals. By utilizing the services of Livly , you acknowledge and agree that Livly , acting as an authorized agent, possesses the authority to enter into lease agreements on behalf of our property managers. Livly is granted the explicit permission to negotiate, execute, and manage lease agreements for the properties listed within our platform. As such, any lease agreement entered into by Livly shall be binding upon the respective property manager(s) and the lessee(s), adhering to the terms and conditions outlined within this agreement. The property manager(s) shall indemnify and hold harmless the company against any claims arising from lease agreements entered into by Livly within the scope of this authorization.
3.5.5. Events Beyond the Parties’ Reasonable Control
If an unforeseen event that could not have been avoided if all due care had been exercised impedes the implementation of the Rentals to a major extent, endangers it, or interferes with it, then either party can terminate the contract. Where Livly is the party affected by such an event, Livly will provide the Tenant with prompt assistance and take the necessary measures to accommodate the Tenant with similar Rentals. Where Tenants is the party affected by such an event, Livly will not be obliged to refund them any sum for Services that have not yet been performed. Tenant will also be responsible for paying any additional costs associated with similarly situated Rentals.
3.5.6. Issues Arising During Rent
If any Rentals is not up to a Tenant’s standards, then the Tenant may request redress from Livly or the Property Supplier, subject to the dispute resolution provisions of these General Terms and Conditions. Tenant should do everything reasonable to resolve any dissatisfaction prior to contacting Livly . Additionally, all Tenants should avoid damage where possible, or at least try to limit, mitigate, or reduce it as far as possible. Tenant should report deficiencies in the property subject to their Rentals to Livly . If the Tenant’s Rentals details provided by Livly do not refer to a local representative, please contact Livly directly to report any problems, providing Livly with the Rentals number, the property reserved, and the dates of the Rentals.
User Support, Tenant Property Suppliers and Agents: support@Livly .com
Livly , or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems.
3.5.7. Lapsing of Liability and Limitation Complaints Period
Claims based on any Rentals must be submitted to Livly within 72 hours of the end of the Rentals, either by e-mail to support@golivly.com Claims should be made in writing, in Tenant’s own interest.
3.6. No Control Over Property
Livly does not in any way, whether indirectly or directly, own, manage, operate, or control the Property subject to these General Terms and Conditions. You understand and agree that Livly is not and shall not be considered a property manager for the Property, and the full extent of the Services provided by Livly are defined entirely within these General Terms and Conditions; Livly does not, and shall not, provide any physical, administrative, or financial maintenance or management of the Property.
Article 4. Livly ’s Specific Services to Property Suppliers.
4.1 Support Services
Upon its acceptance of these General Terms and Conditions on the Effective Date, Livly shall provide the following services (collectively, the “Services”) to You as a Property Supplier based on the Subscription Plan such as maintaining the Listings and Rentals calendar for the Property identified within any Listing as appropriate on an ongoing basis; adjusting the Listing’s nightly rate and pricing as appropriate on an ongoing basis; accepting and declining Tenant Rentals requests for the Property identified within Listing; extending, shortening, or otherwise altering Tenant Rent as needed; acting as the primary point of contact for Tenants who have made a Rentals for the Property identified within the Listing and being presented as the Tenant’s primary point of contact regarding any such Rentals within all Listings of the Property, whether on the Website and the Livly Channels; with the Property Supplier’s authorization, creating Listings on behalf of the Property Suppliers for publication on the Website, the Livly Channels, or both; updating the Listing description, photos, and providing other information required by any Property Supplier or in connection with the Property; Communicating via phone and e-mail with Tenants seeking to make Rent pursuant to any Listing as needed from the time of a Tenant’s inquiry about a Listing through the time of check-out; checking in Tenants of the Listing (Your capability to provide self-check in, including the use of a smart lock, is required); checking out Tenants of the Listing (specifically including key return, Property inspection, Tenant assistance, payment inquiries and other services as needed); assisting with issues that Tenants may have with the Property during their stay, including key loss, lockouts, emergency maintenance, and other services as needed; communicating via phone calls, e-mails, and other channels of communication with Tenants who have made a Rentals based on any Listing regarding potential issues; reviewing Tenants of the Listing; coordinating cleaning services for the Property within the Listing after Tenant stays; resolving disputes with Tenants of the Listing, including disputes over cleaning and payment; and interacting with the Livly Channels to ensure there are accurate and correctly displayed Listings promoting the Property and addressing all other means necessary to display and promote the Listings, including communication with Tenant support for any and all of the Livly Channels.
4.2 Property Suppliers
We may enable authorize other Members (“Property Managers”) to administer the Property Supplier’s Listing(s) and to bind the Agents and take certain actions in relation to the Listing(s) as permitted by the Property Supplier, such as accepting booking requests, messaging and welcoming Tenants, and updating the Listing Fee and calendar availability (collectively, “Agents Services”). Any agreement formed between Property Supplier and Agents may not conflict with these Terms, the payment terms, or any other polices applicable to your Property Supplier Service(s). Property Managers act in as individual capacity or on behalf of a company or other organization. Livly reserves the right, in our sole discretion, to limit the number of Property Suppliers. Property Suppliers are charged a fee (“Service Fee”) which will be deducted directly from the payout.
4.3. Livly ’s Specific Services
Pursuant to Section 4.1 above, Livly shall provide the following Services to You as a Property Supplier.
4.3.1 Livly Channels
Using the Images and information You provide to Livly, Livly shall engage in the display, promotion, and marketing of the Property on the Website and through the Livly Channels through the creation and maintenance of Listings to be displayed on one or both. Livly Channels may include but are not limited to; FurnishedFinder, Zillow, Realtor.com, Apartments.com, Redfin, and other such services currently in existence or that may exist in the future. The Tenant Service Fee may appear as a markup on Livly Channels. Livly’s activities may include, subject to the terms and conditions of these General Terms and Conditions, the display of Images depicting the Property, the use of Your description of the Property and Livly ’s own description of the Property, and use of commercially reasonable measures to ensure the distribution of these Images and descriptions so that travelers, third parties, and potential Tenants may create a Rentals to use the Property for a specified number of nights through Livly ’s online technology, specifically including its Technology
4.3.2. Pricing
You understand that the Property Suppliers set the monthly or daily rental price as described in these General Terms and Conditions.
4.3.3. Support
Livly ’s Tenant support services are available 8:00 to 20:00 easter time, seven days per week. When any Tenant makes a Rental, we shall collect payment of the Rate(s) charged for each night of the Rentals via credit card, debit card, or other means that may be available and accepted from time to time through the Technology.
4.3.5. Designated Contact with Livly
Livly will provide You with a liaison that will manage Your Property and its Listings. Your liaison within Livly will assist You with the implementation process and to manage Your relationship with Livly.
4.3.6. Dashboard
Livly will provide You with a dashboard to inform You of any Rentals made for Your Property through any Listing Livly creates or maintains in a secure portal that You will access using login credentials that You provide to Livly . Livly will provide You with access to information pertaining to each Rentals for Your Property processed by Livly , including but not limited to Tenant’s information, payout amounts, and Rentals dates, whether the Rentals is made through the Website or any of the Livly Channels.
4.3.7. Terms of Payment
Tenants will pay rent using Livly Wallet (the “Wallet”) and these payments will be made directly to Property Supplier less our Fees. Payments will initially appear in the Wallet as Pending and may take 1 to 3 business days (excluding weekends and holidays) to deposit into Your bank account. You are obligated to maintain current and valid bank account information in Livly Wallet so that Livly may release payments to You. If You receive payment for a Rentals, then You shall owe Livly all Service Fees allowed under these General Terms and Conditions for that Rentals, and those Service Fees shall be payable to Livly within 24 hours after the Tenant for which payment was collected checks out of the Tenant’s Rentals.
4.3. Livly ’s Fees and Charges to Property Suppliers
Livly shall charge Property Suppliers a Service Fee, and Property Suppliers understand and agree that Livly will charge Property Suppliers Fees of 10% and other Tenant Fees arising from each Rental. Livly shall be the sole recipient and beneficiary of all Service Fees for all Rentals made on the Website, any of the Livly Channels, or otherwise services by Livly. Property Supplier understands and agrees that Property Supplier shall have no right, title, or interest in any Service Fees charged or collected by Livly, and disclaims, releases, and discharges any claim or entitlement to the same. Livly imposes a standard $200 cancelation fee on Property Supplier-initiated cancelations.
4.4. Suspension of Services to Property Suppliers
Livly shall have the right at any time to suspend its provision of the Services to You and/or any Property Supplier. During such a suspension, Your Property will not be eligible for new Listings or Rent, and may not be visible on the Website or the Livly Channels. The reasons Livly may suspend the Services offered to You include, by way of example but not limitation, Your submission of false or incorrect Images; Your submission of false or incorrect information about the Property; Your failure to timely confirm Rent with Livly ; Your failure to inform Livly of other Rent, bookings, or periods of unavailability for the Property not made through the Website or the Livly Channels; Your failure to maintain current and accurate bank account information with Livly ; Your cancellation of any Rentals; Your refusal to accept a Rentals at the Rate(s) set by Livly ; suspected fraud, abuse, or unlawful activity; Livly ’s receipt of one or more complaints regarding the Property; any event or occurrence, whether or not caused by You, that would cause third parties to view Livly in a negative or unflattering light, as determined in Livly ’s sole and exclusive discretion; Your mistreatment of Livly ’s employees, agents, vendors, or contractors; or for any other reason Livly determines, in its sole and absolute discretion, justifies suspension of the Agreement.
Article 5. Property Supplier Obligations to Livly
5.1.2. Security Deposit Claims
At or before the time of Tenant’s move-in for a Rentals, Livly will charge the Tenant’s credit or debit card a deposit in an amount Livly will determine from time to time in its sole and absolute discretion, which will serve as the Tenant’s deposit that can be collected and withheld in the event of damage to the Property or Your personal property therein, and which Livly shall hold for at least 48 hours following the Tenant’s check-out from the Rentals. If a Tenant has caused damage to Your Property or Your personal property located within the Property, You are responsible for submitting any and all claims for recovery from or an assessment against the Tenant’s damage deposit within 48 hours after that Tenant checks out. If You fail to remit a claim within 48 hours after the Tenant checks out, the damage deposit will be returned to the Tenant in full.
5.1.3. Provision of Listing Information
As set forth in this Agreement, You shall provide information and materials reasonably necessary for Livly to prepare Listings of the Property.
5.1.4. Property Supplier Conduct
As a Property Supplier, You are solely responsible and liable for any and all Listings You create and send to Livly , including any Listing created on behalf of and accepted by You, and expressly including any and all Listings created by Livly . Accordingly, You represent and warrant that any Listing created by You or Livly , and the use of the Property identified within that Listing (a) will not breach any agreements You have entered into with any third parties, such as homeowners associations, condominium associations, lease or rental agreements, and (b) You will (i) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing You post (including having all required permits, licenses and registrations), and (ii) not conflict with the rights of third parties. Further, as a Property Supplier, You, remain responsible and liable for Your own acts and omissions, including, but not limited to, conduct that causes harm or damage to Livly , that violates the terms and conditions of any Provider, that violate the terms and conditions of any Livly Channel, or that violates any applicable laws, statutes, regulations, rules, or ordinances.
5.1.5. Property Safety
As a material term of this Agreement, You, as a Property Supplier, are required to comply with the health and safety obligations imposed by Your country, state, province, county, city, or other municipality, which are required for You to operate legally within the jurisdiction(s) where the Property is located. Additionally, Livly may provide You with a safety self-assessment survey at any time which You agree to complete truthfully and accurately and return to Livly within five days of receiving it. If You fail to comply with Your obligations under this Section, Livly may terminate this Agreement immediately upon providing You with written notice of its decision to do so. Additionally, You agree to abide by technology and security guidelines that Livly may adopt and inform You of from time to time, including but not limited to the use of a “smart lock” on Your property that will allow Livly to discharge its obligations under this Agreement. Livly will transmit these requirements to You in writing as they are set or change, and You can request all such information from Livly by sending written notice to Livly seeking such information.
5.1.6. Data and Security
You understand and agree that You have in place and will maintain, or will establish and maintain, adequate security procedures and controls to prevent the unintended disclosure of, and the unauthorized access to, or misappropriation of, any personal data or information of any Tenant. You agree that You shall process, store, transmit, and access any Tenant information in compliance with applicable law. Further, unless You receive written consent directly from the Tenant, You and Your affiliate will not directly or indirectly engage in any solicited or unsolicited marketing, promotional, or similar communications with any Tenant that has booked a room through the Website or any Livly Channels.
5.1.7. Non-Discrimination
You understand and agree that You shall not treat any Tenant that makes a Rentals through Livly differently than You treat or would treat any other Tenant that makes a similar Rentals, booking, or otherwise pays for the use of the Property, through any other channel, medium, or service. Any restrictions, rules, policies, conditions, or other policies that You may apply to the Property, including rules associated with cancellation of any Rentals or booking of Your Property, shall not be more restrictive when applied to Livly and Livly ’s Rent than You apply those restrictions, rules, policies, conditions, or other policies to any third parties, including any channel or medium, through which You receive any Rentals, booking, or otherwise paid use of the Property. Further, You understand and agree that Your application of these restrictions, rules, policies, conditions, or other policies to Livly ’s Rent with respect to the handling of “overbooking,” allocation of room sizes and types (including options relating to number and type of beds, bedding, other accessories or appliances, views, and other differentiating features of rooms within the Property), Your provision of regular services and amenities within the Property, and the charging of any and all fees associated with the Property’s use, shall not violate any law, rule, regulation, or ordinance of any kind. You further agree that You shall not engage in any discrimination regarding use of the Property, or cancel or disallow any Rentals on the bases of age, gender, sexual orientation, appearance, race, national origin, or marital status, and shall not post any material within any Listing that evidences any such discrimination or in any way otherwise violates the Fair Housing Act of the United States, and any similar state laws, and local ordinances or rules to the same effect.
5.1.8. Anti-Fraud Protection
You understand and agree that You are solely responsible for ensuring that the identification presented by any Tenant is valid and consistent with the Rentals information Livly provides to You. If any Party believes a Rentals is or may be fraudulent, or used in connection with any illegal or unlawful practice, or certain data provided by a Tenant for a Rentals cannot be verified, then the Parties shall work in good faith to investigate and potentially terminate, at Livly ’s election, a fraudulent or potentially fraudulent Rentals. Livly may cancel at any time, including after move-in and through any time of the Rentals prior to the Tenant’s check-out, any fraudulent or potentially fraudulent Rentals at any time without any penalty or amount due to You. You acknowledge that neither Livly nor any of its Affiliates shall have any liability to You for any payment, penalty, or other amounts or sums in connection with any fraudulent or potentially fraudulent Rent, whether or not cancelled by any Party. Further, You represent that neither You nor the Property, nor any beneficial owner of You (if You are a corporation, company, partnership of any variety, trust, or entity other than a natural person) or the Property, are incorporated in or a resident of any country subject to trade sanctions by OFAC, or are listed as a Specially Designated National, a Specially Designated Global Terrorist, a Blocked Person, or any similar designation as OFAC may create or maintain from time to time under its sanctioning authorities
5.2. Providing Listing and Promotional Material
As provided in this Agreement, Livly shall create Listings for the Property and set rates for the Listings as set forth below.
5.2.1. Your Provision of Images
You understand and agree that as a condition of entering this Agreement, within ten days of the Effective Date, You shall submit to Livly at least 15, and no more than 30, Images of the Property that You own or have the full right to license to Livly for its use, subject to the conditions below.
5.2.2. Licensing
You grant Livly and its Affiliates a perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license to use, reproduce, distribute, and display the Property, Images, and all other information You submit to Livly for Livly ’s and its Affiliates’ use in identifying, promoting, marketing, and otherwise obtaining Rent for the Property. You further agree to provide Livly reasonable free access to the Property in order to obtain images that Livly shall create and own in their entirety for Livly ’s and its Affiliates’ use in identifying, promoting, marketing, and otherwise obtaining Rent for the Property.
5.2.3. Rate Calculation
You shall set the base rate, Livly shall use Smart Pricing the nightly Rate(s) at which the Property will be promoted or displayed within a Listing as being available for Rent. Dynamic pricing is automated pricing that utilizes real-time market data and Livly ’s proprietary technology to ensure Our price recommendation maximize revenue and occupancy of the Property. You authorize Livly to manage on Your behalf, and in accordance with this Agreement, the Rates, together with any applicable charges, Taxes, or other amounts payable, based on information You provide to Livly, and any such action by Livly to derive such Rates, Taxes, and other fees, or other amounts on Your behalf, shall be deemed to be Your action, for purposes of this Agreement. You understand and agree that You will not require Tenants to pay any fees or surcharges relating to their payment process or method of payment (e.g., Tenants will not be charged any fees or surcharges for credit or debit card payments).
5.2.4. Order of Listing Display
Livly cannot ensure You that it has any control over the content, order, appearance, or any other aspect of the Listing, description, images depicting the Property, or any other information relating to Your Property, which may be displayed through any Livly Channels. The sort order, search result order, appearance, and other display of any Property listed on the Website shall be subject to the limitations of liability within this Agreement.
5.3. Taxes
You agree to be bound by and comply with the following terms and conditions regarding Your Tax obligations upon accepting these General Terms and Conditions.
5.3.1. Property Supplier’s Tax Obligations
As a Property Supplier, You are solely responsible for determining Your obligations to report, collect, remit or include in Your Listing Fees any applicable Taxes, as defined below. You understand that any appropriate governmental agency, department and/or authority where Your Property is located may require Taxes to be collected from Tenants or Property Suppliers from the Rates, 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 Rate set by Property Suppliers.
5.3.2. Tax Jurisdictions
Livly may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Tenants or Property Suppliers, in accordance these General Terms and Conditions (“Collection and Remittance”) if such jurisdiction asserts Livly or Property Suppliers have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which Livly decides to facilitate direct Collection and Remittance, You hereby instruct and authorize Livly to collect Occupancy Taxes from Tenants on the Property Supplier’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, that Livly collects and remits will be visible to and separately stated to both Tenants and Property Supplier on their respective transaction documents prepared by Livly . Where Livly is facilitating Collection and Remittance, Property Suppliers are not permitted to collect any Occupancy Taxes being collected by Us relating to their Property in that jurisdiction.
5.4 Insurance
For so long as You are a Property Supplier, You agree to maintain general commercial liability insurance for each Property for which Livly provides Services or creates Listings under these General Terms and Conditions, in the amount of at least One Hundred Thousand Dollars (150,000.00) per incident and Three Hundred Thousand ($300,000.00) in the aggregate. You agree that You will provide Livly with a copy of Your insurance certificate within ten days of Livly providing You with written notice requesting the same. You understand and agree that Your insurance policy maintained under this Section shall be the first policy Livly shall look to in the event of any claim or damage arising from or relating to these General Terms and Conditions. Additionally, You waive, release, give up and surrender any right of subrogation against Livly , its Affiliates, and Livly ’s officers, directors, employees, and agents as a condition of entering these General Terms and Conditions.
5.5 Application Process & Credit Reports
We allow tenants to request a credit report and/or a background check report and remit them to Property Suppliers using the Service. When a Tenant makes such a request, we will give the prospective Property Supplier the option to view a single-use copy of his or her credit report and/or background check report and to share it with the requesting Property Supplier. To provide this portion of the Service, we may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party credit reporting agency for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except than on a temporary basis) or use for any other purpose.
Tenants may opt into having their history of Livly processed rental payments furnished to third-party consumer credit-reporting agencies. To provide this service, we may securely transmit relevant tenant personal information to such agencies, including the tenant’s name, date of birth, address, payment amounts, and payment dates. Successful rent payments made by tenants while this feature is enabled may appear on credit reports provided by such agencies (including reports provided outside of the Service) and may be considered by such agencies in calculating credit scores. This feature may be disabled by tenants at any time. While this feature is enabled, months for which no payment has been made via Livly will be reported to agencies as “no activity” (which is not an indication of failure to pay rent or of late payment). If a tenant disables this feature during the term of a current lease, the entire payment history associated with that lease may be deleted from reports about that tenant. Tenants may also have their entire Livly rental payment history deleted from agencies’ reports upon request, though such removal will require processing by the agencies and may not take effect immediately. If you are a tenant and would like your payment history removed from credit reports about you, please contact us at support@livly.app Please note that, apart from giving tenants the ability to have their entire Livly rent payment history removed from agency credit reports, Livly does not control how or for how long payment history data covering periods during which this feature was enabled will appear on such credit reports.
If you are a Property Supplier requesting a credit report or a background check report from a prospective tenant, you certify that you are making such request, and will use such report, for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose. If you are a tenant ordering a credit report or background check report, you certify that you are ordering such report, and will use such report, for the purpose of furnishing the report to a prospective Property Supplier in connection with your rental application and for no other purpose. You agree not to share any credit report or background check report obtained through Livly with anyone other than as allowed using the sharing mechanism on the Livly site.
A Credit-report and background check-report functionality is provided by our third-party credit reporting agencies and may not be available for all users or at all times for various reasons, including reasons beyond our control or about which we may not have specific information. If you are unable to order, share, request, or view a credit report or background check report using the Service, you should contact the person requesting or being asked to provide the report via the contact information he or she has listed on Livly to discuss the matter directly. You may also contact Livly at support@Livly .com for assistance.
We are not a credit bureau and do not control the contents of credit reports, (except to the limited extent described above with respect to opt-in rental payment reporting), including reports obtained through the Service. We are not responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of your credit report, please contact us via email at support@Livly .com or the telephone number displayed when your report is made available for viewing on Livly . To dispute the contents of your background check report, please contact RentPrep via email or telephone as described on your background check report.
Property Suppliers has the option to select automatic approvals presets to instantly approve tenants when creating their listings (“Inst-A-Rent”). The Property Supplier accepts the full risk of instant rentals. If you are a Property Supplier or Agent accepting credit reports or background check reports, you specifically agree to familiarize yourself and comply with the Fair Credit Reporting Act and any applicable state laws governing the use of consumer reports. To the extent you rely in any way on the contents of a report in taking an adverse action against an applicant (such as denying an application or requiring a co-signer or higher deposit), you are required to furnish the applicant with an adverse action notice as described in this document even if the contents of the report played only a small role in your decision. Note that for purposes of credit reports, Livly is the applicable consumer reporting agency (CRA); for purposes of background check reports, Transunion Smart Move is the applicable CRA.
We use third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Services, such as electronic payments and the ordering and requesting of credit reports. Once your identity has been verified, we may also display a badge or other indicator to let other users know that you’ve successfully completed the verification process. However, we neither control nor guarantee the accuracy of any identity verification service (and none can prevent all scams), so you should always take the same precautions in dealing with others through our site that you would in person.
We are not a real estate agent or broker. We don’t screen properties or listings or offer any guaranty or advice regarding the suitability of properties, Property Suppliers, or potential tenants. Nothing we say should be construed as such advice, and you agree not to rely on us in making decisions on, well, anything at all.
The tenant selection and confirmation features are designed to make communication between Property Suppliers and prospective tenants easier; neither they nor any other aspect of the Services are intended to create any kind of contract or other legal obligation between a Property Supplier and a prospective tenant (or between anyone else, for that matter). Just like in the offline world, you should wait until a written rental or lease agreement is signed by both the Property Supplier and tenant before relying on any tenancy you arrange using Livly .
5.6 Indemnification
You, as a Property Supplier, understand and agree, at Your sole and exclusive expense, to indemnify and defend Livly, its Affiliates, and its officers, directors, employees, and agents (collectively, the “Livly Indemnitees”) against any claim or action arising from or related to these General Terms and Conditions, which shall include and not be limited to any and all losses, expenses, costs (including court costs), reasonable attorney’s fees, and damages, including special, general, indirect, consequential, exemplary, punitive, or any other measure of damages, whether arising in contract or tort. You further agree to pay the Livly Indemnitees’ court costs and reasonable attorney’s fees under this section on a monthly basis as they are incurred by any of the Livly Indemnitees. Any of the Livly Indemnitees may participate in the defense or settlement of any claim, demand, litigation, administrative proceeding, or other dispute for which You indemnify the Livly Indemnitees under this Section. You also agree not to consent to the entry of any settlement, resolution, or judgment without the prior written consent of the affected Livly Indemnitees, which shall not be unreasonably withheld.
5.7 Limitation of Livly ’s Liability
You, as a Property Supplier, shall irrevocably release and hold harmless Livly , its officers, directors, employees, agents, and its Affiliates, from all claims arising from these General Terms and Conditions and any Rent obtained through Livly , the Website, or the Livly Channels, whether those claims are brought by any Tenant or any third party. You expressly agree to release Livly , its officers, directors, employees, agents, and its Affiliates for claims of any kind, including those arising in tort or contract, or under other law (e.g., the Fair Housing Act and other federal law, whether or not relating to housing or Property), and release Livly , its officers, directors, employees, agents, and its Affiliates from any claim for damages of any kind, whether arising from contract or tort, in law or equity (and including any and all claims for injunctive or declaratory relief), including special, general, indirect, consequential, exemplary, punitive, or any other measure of damages, and further release Livly from any claim for attorneys’ fees and costs in any claim or dispute. You further shall hold Livly , its officers, directors, employees, agents, and its Affiliates harmless for any claims a Tenant or third party brings against You in connection with these General Terms and Conditions or the Property specified in these General Terms and Conditions.
Article 6. General
6.1. Prices
The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect Rent already accepted except as stated in Section 3.5.4 and its subparts above. Livly may in some cases assess a Rentals fee in relation to some transactions made by the Tenant or on the Tenant’s behalf. The Tenant will be notified of all applicable charges at the time of Rentals. Despite Livly ’s best efforts, some of the Services listed on the Website may be incorrectly priced. LIVLY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RENT MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RENTALS AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RENTALS WITHOUT PENALTY. Livly is under no obligation to provide Services to a Tenant at an incorrect (lower) price, even after Tenant have been sent confirmation of their Rentals.
6.2. How Our Sort Order is Determined
Travelers have many options to help them find the ideal lodging for Rentals. The “sort” settings allow travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results.
Our default sort order reflects the relevance of properties to Your search criteria, as we want to make sure You are able to quickly and easily find the offer that is right for You. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make Rent at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting Your chosen search criteria. The compensation which a property pays us for Rent made through our sites is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (e.g., by price or by star rating), properties with similar results will be ordered based on the factors above.
6.3. Photographs and Illustrations
Livly may provide photographs and illustrations that give the Tenant a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Tenant the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.
6.4. Insurance
The prices on the Website do not include renters insurance. The Tenant is therefore advised to consider renters insurance that may be required by the Property Supplier. It is the Tenant’s responsibility to ensure any insurance policy taken out is adequate to cover their requirements. The risks covered by these policies, as well as the cost and the amount of coverage, are disclosed by any insurer the Tenant engages to purchase such an insurance policy. If a policy is bought, the insurer will send the policy to the Tenant. Claims must be submitted directly to the insurance company by the terms and conditions of the policy.
6.5. Non-Disparagement
You agree that, unless compelled by legal process, you will refrain from making any disparaging statements or representations, whether directly or indirectly, verbally or in writing, through social media or any other means online or by email or direct messaging of any kind about Livly, our Affiliates or Officers. Within the context of this section, a disparaging statement or representation refers to any communication that, if made public, could lead the recipient of the communication to doubt the business condition, integrity, competence, or good character of the individual or entity to whom the communication pertains.
Article 7. Financial conditions and payment procedures
7.1 Local Taxes and Payments
Unless specified otherwise in the Rules and Restrictions, the prices of the Services shown on the Website are expressed in US Dollars, excluding local taxes imposed by the authorities in some countries and other fees, whether or not charged by Livly or any Property Supplier. The price of Services reserved on the Website or by telephone must be paid to Livly. Payment may be charged by more than one party (as will be shown on the Tenant’s bank or credit card statement); however, the total amount charged will not exceed the total price of the Services plus any fees, charges, or taxes levied by Livly, the Property Supplier, or any governmental authority.
The Tenant shall provide the details of the Tenant’s payment card, and Livly will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Property Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Tenant’s credit card).
7.2. Tax Recovery Charge
Except as provided below concerning tax obligations on the amounts we retain for our services, Livly does not collect taxes for remittance to applicable taxing authorities. The tax charges on prepaid Rent are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Livly pays to the Property Suppliers for taxes due on the rental of the appropriate property. The Property Supplier invoices Livly for tax amounts. The Property Suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Livly does not act as a co-vendor with the property or Property Supplier with whom our Tenant reserves travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Livly to the Property Suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc., in effect at the time of the actual use of the Property Supplier’s property by the Tenant. In addition to the above, in certain jurisdictions, sales, use and/or local occupancy taxes may be imposed on the amounts that Livly charges for its Services. The actual tax amounts on our Services, if any, may vary depending on the rates in effect at the time of Your Rentals.
Article 8. Tenant Service and the handling of complaints
Queries or requests for information or complaints, should be sent to support@Livly.app for ease of resolution, Tenant are encouraged to bring their complaints within 14 days of the incident. Any hard copy complaints should be directed to the Property Supplier providing the Service offered through Livly or the Website using the address provided in their Rules and Restrictions or to Livly.
Tenant are encouraged to raise any issues they experience during their trip via the number above (or as soon as reasonably possible), so that measures can be taken to resolve the problem and to limit the damage suffered by the Tenant.
Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the Tenant’s control during the stay should be addressed to the appropriate Property Supplier.
Article 9. Livly ’s Liability
Each Tenant and Property Supplier accepts that where Livly acts as an interface between the Tenant and the Property Suppliers, Livly will under no circumstances be held liable concerning Services the Tenant has used or Rent the Tenant has made with one or more Property Suppliers. Livly is not liable if and insofar as the Tenant is able to claim for damages under an insurance policy such as travel and/or vacation cancellation insurance. Livly shall not be liable for any disputes arising between or among any Tenant(s) or Property Supplier(s).
The respective Property Suppliers have provided the information displayed on this Website, and Livly does not accept any liability for any inaccuracies. Tenants must ensure that they verify all information given before making a Rentals.
The Tenant should note that all ratings or reviews shown on the Website are intended as guidance only and may not be an official rating. Livly does not accept any liability concerning the ratings shown.
Article 10. Disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THESE GENERAL TERMS AND CONDITIONS, ALL THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED WITHOUT ANY EXPRESS WARRANTY, IMPLIED WARRANTY, OR GUARANTEE OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH IMPLIED TERMS AND WARRANTIES ARE EXCLUDED.
By accessing this Website, the Tenant agrees that Livly will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Tenant’s use of links from the Website. The exclusions and limitations contained in this clause apply only to the extent permitted by law.
Article 11. Applicable Law
These General Terms and Conditions are governed by the laws of the State of Wyoming, within the United States of America, without regard to its conflicts-of-laws provisions. Consistent with the Federal Arbitration Act, Tenant and Property Suppliers irrevocably agree to submit all claims against Livly arising from or relating to these General Terms and Conditions to binding and confidential arbitration that shall be exclusively venued within the state of Delaware, waiving all objections to venue and personal jurisdiction, including those arising under the doctrine of forum non conveniens; Tenant and Property Suppliers expressly waive their rights to any jury trial, and expressly waives, gives up, releases and relinquishes any right or claim to participate in any class action claim against Livly . Such arbitration shall be commenced before the American Arbitration Association or Judicial Arbitration and Mediation Services, conducted pursuant to the applicable commercial dispute rules of that arbitration service, and be heard by a single arbitrator. The parties shall equally bear the costs of arbitration as they are incurred, and the parties further agree to bear their own attorney’s fees and costs incurred in arbitration. The arbitrator’s award may be entered and enforced before any court of competent jurisdiction.
Article 12. Final Provisions
If Livly does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a waiver or cession of the right to invoke it later.
If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these General Terms and Conditions and the validity and enforceability of the other provisions shall not be affected.
Every instance of force majeure, including the interruption of means of communication or a strike, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These General Terms and Conditions come into force on May 6, 2020, updated on Oct 24, 2023.