Luco | Apartments Terms of Service

Terms of Service

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Luco Platform, you agree to comply with and be bound by these Terms.

Last Updated: January 22, 2019

Thank you for using Luco!

These Terms constitute a legally binding agreement ("Agreement") between you and Luco (as defined below) governing your access to and use of the Luco website, including any subdomains thereof, and any other websites through which Luco makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Luco Services"). The Site, Application and Luco Services together are hereinafter collectively referred to as the “Luco Platform”. Our, Guest Refund Policy,  and other Policies applicable to your use of the Luco Platform are incorporated by reference into this Agreement.

When these Terms mention “Luco,” “we,” “us,” or “our,” it refers to Lucobyte Technologies Sdn Bhd you are contracting with.

Our collection and use of personal information in connection with your access to and use of the Luco Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Luco Platform ("Payment Services") are provided to you by one or more Luco entities (individually and collectively, as appropriate, "Luco") as set out in the Payments Terms of Service ("Payments Terms").

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Luco, you should always seek legal guidance.

Table of Contents

1.       Scope of Luco Services

2.       Eligibility, Using the Luco Platform, Member Verification

3.       Modification of these Terms

4.       Account Registration

5.       Content

6.       Service Fees

7.       Terms specific for Hosts

8.       Terms specific for Guests

9.       Booking Modifications, Cancellations and Refunds, Resolution Center

10.   Ratings and Reviews

11.   Damage to Accommodations, Disputes between Members

12.   Rounding off, Currency conversion

13.   Taxes

14.   Prohibited Activities

15.   Term and Termination, Suspension and other Measures

16.   Disclaimers

17.   Liability

18.   Indemnification

19.   Dispute Resolution

20.   Feedback

21.   Applicable Law and Jurisdiction

22.   General Provisions

1. Scope of Luco Services

1.1 The Luco Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Luco Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations") and a variety of other travel and non-travel related services.

1.2 As the provider of the Luco Platform, Luco does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Luco an organiser or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Luco is not and does not become a party to or other participant in any contractual relationship between Members, nor is Luco a real estate broker or insurer. Luco is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, Luco has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Luco does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Luco about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, or accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Luco of any Host or Listing.

1.4 If you choose to use the Luco Platform as a Host or Co-Host (as defined below), your relationship with Luco is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Luco 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 Luco. Luco 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 Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5 To promote the Luco Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Luco cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Luco Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Luco Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Luco is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Luco of such Third-Party Services.

1.7 Due to the nature of the Internet, Luco cannot guarantee the continuous and uninterrupted availability and accessibility of the Luco Platform. Luco may restrict the availability of the Luco Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Luco Platform. Luco may improve, enhance and modify the Luco Platform and introduce new Luco Services from time to time.

2. Eligibility, Using the Luco Platform, Member Verification

2.1 In order to access and use the Luco Platform or register a Luco Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 Luco may make access to and use of the Luco Platform, or certain areas or features of the Luco Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.4 The access to or use of certain areas and features of the Luco Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Luco Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Luco Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Luco Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

Luco reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Luco Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least twelve (12) hours before the time they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Luco Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Luco Account") to access and use certain features of the Luco Platform, such as publishing or booking a Listing. If you are registering an Luco Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a Luco Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Luco Account and your SNS Account at any time, by accessing the "Settings" section of the Luco Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Luco Account and public Luco Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Luco Account unless Luco authorizes you to do so. You may not assign or otherwise transfer your Luco Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Luco Account credentials and may not disclose your credentials to any third party. You must immediately notify Luco if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Luco Account. You are liable for any and all activities conducted through your Luco Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Luco may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Luco Account. For example, we may enable Members to link their Luco Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Luco to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 Luco may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Luco Platform ("Member Content"); and (ii) access and view Member Content and any content that Luco itself makes available on or through the Luco Platform, including proprietary Luco content and any content licensed or authorized for use by or through Luco from a third party ("Luco Content" and together with Member Content, "Collective Content").

5.2 The Luco Platform, Luco Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Malaysia. You acknowledge and agree that the Luco Platform and Luco Content, including all associated intellectual property rights, are the exclusive property of Luco and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Luco Platform, Luco Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Luco used on or in connection with the Luco Platform and Luco Content are trademarks or registered trademarks of Luco in Malaysia. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Luco Platform, Luco Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Luco Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Luco or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Luco grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Luco Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Luco Platform, you grant to Luco a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Luco Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Luco does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 Luco may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Luco.com.my Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Luco Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Luco Account is terminated or suspended for any reason. You acknowledge and agree that Luco shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Luco is not the exclusive owner of Verified Images, by using such Verified Images on or through the Luco Platform, you grant to Luco an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Luco in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Luco Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Luco Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Luco Platform or you have all rights, licenses, consents and releases that are necessary to grant to Luco the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Luco's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Luco’s Content Policy or any other Luco policy. Luco may, without prior notice, remove or disable access to any Member Content that Luco finds to be in violation of applicable law, these Terms or Luco’s then-current Policies, or otherwise may be harmful or objectionable to Luco, its Members, third parties, or property.

5.9 Luco respects copyright law and expects its Members to do the same.

6. Service Fees

6.1 Luco may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Luco Platform. More information about when Service Fees apply and how they are calculated can be found below (6.4 and 6.5).

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Luco reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Luco. The applicable Service Fees (including any applicable Taxes) are collected by Luco. Luco will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Luco. Except as otherwise provided on the Luco Platform, Service Fees are non-refundable.

6.4 The host service fee for homes is generally 5%, but may be higher for who have a Super Strict cancellation policy. This fee is calculated from the booking subtotal (the nightly rate plus cleaning fee and additional guest fee, if applicable, but excluding Guest Fees and taxes) and is automatically deducted from the payout to the host.

6.5 The guest service fee for homes ranges between 15.0 % to 20.0 % of the booking subtotal (the nightly rate plus cleaning fee and additional guest fee, if applicable, but excluding taxes) and is calculated using a variety of factors—these include the reservation subtotal, the length of the stay, and characteristics of the listing.

 

 

7. Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Luco Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability) and (ii) provide any other pertinent information requested by Luco. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Luco reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Luco Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

7.1.7 Luco recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Host Service.

7.2 Listing Accommodations

7.2.1 Unless expressly allowed by Luco, you may not list more than one Accommodation per Listing.

7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). During check in, hosts must ask for a Security Deposit in cash. This Security Deposit will be handled solely by the Hosts and Luco will have no control over Security Deposit. Upon check out, the Host shall inspect the property to make sure that everything was as it was when the Guest checked in and return the Security Deposit in full.

7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.

7.3 Co-Hosts

7.3.1 Luco may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Luco. Luco reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

7.3.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the Luco Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.

7.3.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that Luco (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).

7.3.4 As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

 

8. Terms specific for Guests

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Luco and/or the Host, you can book a Listing available on the Luco Platform by following the respective booking process. All applicable fees, including the Security Deposit (if applicable) and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Luco Account.

8.1.2 Upon receipt of a booking confirmation from Luco, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Luco will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.

8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.

8.2 Booking Accommodations

8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Luco (via luco.com.my) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

 

8.3 Luco Travel Credits

Luco Travel Credits may be redeemed for eligible bookings via the Luco Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Luco Travel Credits after the Luco Travel Credits are reflected in your Luco Account.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Luco Platform or direct Luco customer service ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and Luco will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Luco pursuant to the Payments Terms.

9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. Further, Luco may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Luco may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Luco’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.

9.4 In certain circumstances, Luco may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Luco's Extenuating Circumstances Policy or (i) where Luco believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Luco, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.5 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, Luco may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.

9.6 If a Guest or Luco cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Luco will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.

9.7 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Luco Account, and Luco will handle all such payments.

 

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Luco. Ratings and Reviews are not verified by Luco for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Luco’s Content Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Luco Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Damage to Accommodations, Disputes between Members

11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Luco, you will be given an opportunity to respond. If you agree to pay the Host, or Luco determines in its sole discretion that you are responsible for the Damage Claim, Luco via Luco.com.my will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Luco also reserves the right to otherwise collect payment from you and pursue any remedies available to Luco in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.

11.3 Members agree to cooperate with and assist Luco in good faith, and to provide Luco with such information and take such actions as may be reasonably requested by Luco, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation.

12. Rounding off

Luco generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., Malaysian Ringgit cents, U.S cents or other supported currencies). Where Luco’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Luco may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest Ringgit, US dollar or other supported currency); for example, Luco may round up an amount of RM 1,001.50 to RM 1,002.00, and round down an amount of RM 1,001.49 to RM 1,001.00.

13. Taxes

13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable SST or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

13.4 In certain jurisdictions, Luco may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Luco or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Luco (via Luco.com.my) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Luco may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing Luco about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Luco does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by Luco will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Luco is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Luco relating to their Accommodations in that jurisdiction.

13.5 You agree that any claim or cause of action relating to Luco's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Luco in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Luco from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Luco reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Luco Platform. In connection with your use of the Luco Platform, you will not and will not assist or enable others to:

·         breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;

·         use the Luco Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Luco endorsement, partnership or otherwise misleads others as to your affiliation with Luco;

·         copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Luco Platform in any way that is inconsistent with Luco’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

·         use the Luco Platform in connection with the distribution of unsolicited commercial messages ("spam");

·         offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Luco Platform;

·         unless Luco explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;

·         contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Luco Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;

·         use the Luco Platform to request, make or accept a booking independent of the Luco Platform, to circumvent any Service Fees or for any other reason;

·         request, accept or make any payment for Listing Fees outside of the Luco Platform or Luco. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Luco harmless from any liability for such payment;

·         discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

·         use, display, mirror or frame the Luco Platform or Collective Content, or any individual element within the Luco Platform, Luco's name, any Luco trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Luco Platform, without Luco's express written consent;

·         dilute, tarnish or otherwise harm the Luco brand in any way, including through unauthorized use of Collective Content, registering and/or using Luco or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Luco domains, trademarks, taglines, promotional campaigns or Collective Content;

·         use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Luco Platform for any purpose;

·         avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Luco or any of Luco's providers or any other third party to protect the Luco Platform;

·         attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Luco Platform;

·         take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Luco Platform;

·         export, re-export, import, or transfer the Application;

·         violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that Luco has no obligation to monitor the access to or use of the Luco Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Luco Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Luco in good faith, and to provide Luco with such information and take such actions as may be reasonably requested by Luco with respect to any investigation undertaken by Luco or a representative of Luco regarding the use or abuse of the Luco Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Luco by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Luco terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Luco Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Luco Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, Luco may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 Luco may immediately, without notice, terminate this Agreement and/or stop providing access to the Luco Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Luco believes in good faith that such action is reasonably necessary to protect the personal safety or property of Luco, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Luco may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms or our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Luco Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Luco otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Luco believes in good faith that such action is reasonably necessary to protect the personal safety or property of Luco, its Members, or third parties, or to prevent fraud or other illegal activity:

·         refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;

·         cancel any pending or confirmed bookings;

·         limit your access to or use of the Luco Platform;

·         temporarily or permanently revoke any special status associated with your Luco Account;

·         temporarily or in case of severe or repeated offenses permanently suspend your Luco Account and stop providing access to the Luco Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Luco and an opportunity to resolve the issue to Luco's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Luco Account or any of your Member Content. If your access to or use of the Luco Platform has been limited or your Luco Account has been suspended or this Agreement has been terminated by us, you may not register a new Luco Account or access and use the Luco Platform through an Luco Account of another Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

16. Disclaimers

If you choose to use the Luco Platform or Collective Content, you do so voluntarily and at your sole risk. The Luco Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Luco Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Luco relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Luco from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Luco Platform and Collective Content, your publishing or booking of any Listing via the Luco Platform, your stay at any Accommodation or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Luco nor any other party involved in creating, producing, or delivering the Luco Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Luco Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Luco Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Luco has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Luco’s option), indemnify, and hold Luco and its affiliates and subsidiaries, including but not limited to, Luco, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Luco Platform or any Luco Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Luco’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

20. Feedback

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

21. Applicable Law and Jurisdiction

21.1 These Terms will be interpreted in accordance with Malaysian law. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in Malaysia or a court with jurisdiction in your place of residence. If Luco wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Malaysian courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Luco and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Luco and you in relation to the access to and use of the Luco Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Luco as a result of this Agreement or your use of the Luco Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Luco’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Luco's prior written consent. Luco may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Luco via email, Luco Platform notification, or messaging service (including SMS and WeChat).

22.8 If you have any questions about these Terms please email us at support@lucobyte.com