General Terms and Conditions

 

The Services offered by Livly Technologies Inc. (as defined below) can only be used by registered Users, such as Guests (alternately, “Guests",  "Tenants", "Members") and Property Suppliers (alternately, You”, “Your", "Hosts", "Owner") 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 Livily ’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 Livily. The agreement between the User and Livily 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 Livily.

User should save and/or print a copy of these terms and conditions for future reference when making a Bookings.

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 Livily, or any company, limited liability company, corporation, or other entity with any owner in common with Livily.

‘Cleaning Fee’ means a fee that the Property Supplier shall collect from a Tenant or Guest, in addition to Rent, which the Property Supplier shall set from time to time in its sole and absolute discretion.

‘Property Supplier’  means any individual or entity that owns, controls, or manages a rental property or related service offered through Livily online marketplace. This includes, without limitation, Hosts, Property Owners, Property Managers, Real Estate Agents, or other service providers.

‘Property Supplier Fee’ means a Host Fee charged to you when you list a property, this fee is 10%. These fees are calculated from the subtotal (the total rental amount and fees) if applicable, but excluding Guest Service Fee. Host Fee is automatically deducted from the payout.

‘Agents’ means a Real Estate professional who assists Property Suppliers with their rental listings. This option is available for Property Suppliers that have listed Property via the Livily online marketplace.

‘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 Livily that works directly with our corporate rental companies to accommodate the lease signing process and payments.

‘Livly Technologies Inc.' means ("We", "Us", "Livily"),

‘Partner Network’ means any affiliate website or distribution or listing service used by Livily 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.

‘Guest’ means and includes a Guest or 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 Partner Network (including Livily ’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.

‘Guest 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 Livily for its use, including on the Website and Partner Networks, 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 Livily 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 Partner Networks.

‘Property’ means the piece or pieces of real property located at the address You, as a Property Supplier, identify to Livily , 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 daily accomodation fare amount a Guest shall pay, or is payable by the Guest, concerning the Property, not including Taxes, fees, charges, or any other costs imposed on Tenants by the Property Supplier.

‘Rentals’ means any booking made by a Guest for occupancy of a Property, for one or more nights, through the Livily platform or any Partner Network facilitated, captured, or otherwise arranged by Livily, whether or not the booking was made under a formal Listing.

‘Rules and Restrictions’ means the terms and conditions applicable to the Property Supplier that provides properties available for rental through Livily 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 Livily ’s Website.

‘Service Fees’ mean, collectively, Tenant Service Fees, Property Supplier Fees, and any other fees Livily may charge and collect from time to time in the future.

‘Technology’ means Livily.app, and the Livily app includes but is not limited to rental listings and payment processing systems.

‘Website’ means the www.Livily.app website.

1.2. Livily Scope

The Livily 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 Livily 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 Livily Platform as a Tenant or Property Supplier (as defined above), your relationship with Livily is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Livily 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 Livily . Livily 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 Livily whether used by Tenants or Property Suppliers. Livily operates a Website that acts as an interface between the Tenant and the various Property Suppliers offering the Services, including Livily . 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 Livily at any time without prior notice, although such changes will not apply to Rent that have already been accepted by Livily 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 Livily . 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 Livily 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 Livily  support@Livily .com. It is expressly agreed that the data stored in the information systems of Livily 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 Livily 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 5 days before the check-in date, no refund will be granted if you cancel within 5 days before your check-in. 
  • Payment Policy: 100% is due on the booking date. 

Relaxed:

  • 100% refundable if you cancel your booking more than 7 days before the check-in date, no refund will be granted if you cancel within 7 days before your check-in. 
  • Payment Policy: 100% is due on the booking date. 

Moderate:

  • 100% refund if you cancel your booking at least 14 days before your check-in date. No refund will be given if you cancel within 14 days of your check-in. 
  • Payment Policy: 50% is due on the booking date; the final balance is due 14  days before arrival. 

Firm:

  • 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. 

Strict:

  • 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. 

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 Livily. The house rules must abide by state and federal fair housing laws and must be non-discriminatory.

Article 3. Specific Services to Tenant

Livily 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 Livily .

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 Livily 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 Livily, the whole Rentals may be canceled in Livily ’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 Livily. 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.  Tenant / Guest 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. 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.

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.

3.5.1.  Approval of Inquiry

Approval by the Property Supplier of the application made by the Tenant through the Livily 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 Livily will notify the Tenant to complete any final payments.

3.5.2.  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 Livily 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 Livily or Property Supplier.

3.5.3.  Cancellation and Change by the Tenant

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.  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.

3.5.5.  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@goLivily.com. A fee may be imposed by the applicable Property Suppliers or Livily in the event of a change to a Rentals – please refer to the Rules and Restrictions notified in the Rentals process for more details.

3.5.6.  Replacement of Participant

A registered participant in a Rentals can be replaced by a third party if Livily is informed of this at least 15 days before the start of the Rentals. However, Livily 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 Livily or Property Supplier arising from such a change) arising from the inclusion of the third party and including any cost to Livily or Property Supplier for making the change.

3.5.7.  Cancellation by Hosts

Although cancellations by Property Suppliers are rare, they can disrupt guest plans and impact trust in Livily. If a Property Supplier cancels a confirmed reservation or is responsible for a cancellation under this policy, Livily may impose fees and other consequences. These measures help account for the inconvenience to guests and maintain confidence in our platform. If a Property Supplier cancels a confirmed reservation or is responsible for a cancellation under this policy, a minimum cancellation fee of $250 USD will apply or 25% of the reservation amount which ever is greater. Cancellation fees are deducted from future payouts.

3.5.8.  Fee Waivers

Fees may be waived for major disruptive events or valid reasons beyond the property supplier’s control. Documentation may be required, and Livily will determine eligibility based on the provided evidence.

3.5.9.  General

Livily 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 Livily, and are not brought about by Livily 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.

3.5.10.  Price Changes

If the time between Rentals and the date the Rentals begins is greater than 30 days, Livily 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. Livily 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 Livily is able to offer one or canceling and the Tenant receiving a full refund of monies paid to Livily . There will be no price changes within 30 days of the date of the Rentals’ commencement.

3.5.11.  Property Supplier Rules and Restrictions

Livily works with independent Property Suppliers who list properties available for reservation through the Livily platform. While Livily facilitates reservations, it does not own or control these Property Suppliers. All Services are subject to the applicable Rules and Restrictions of the Property Supplier, which are made available prior to confirming a Rental. By using Livily’s Services, you acknowledge and agree that Livily, acting as a booking platform. Property Suppliers agree to indemnify and hold Livily harmless against any claims, liabilities, or disputes arising from lease agreements executed within this scope of authorization. Property Suppliers further agree to indemnify and hold Livily harmless from any liability, penalties, or interest resulting from the Property Supplier’s failure to properly register, report, or remit applicable Lodging Taxes.

3.5.12.  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 Livily is the party affected by such an event, Livily 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, Livily 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.

3.5.13.  Issues Arising During Rent

If any Rentals is not up to a Tenant’s standards, then the Tenant may request redress from Livily 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 Livily . 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 Livily . If the Tenant’s Rentals details provided by Livily do not refer to a local representative, please contact Livily directly to report any problems, providing Livily with the Rentals number, the property reserved, and the dates of the Rentals.

User Support, Tenant Property Suppliers and Agents: support@livily.com

3.5.14.  Lapsing of Liability and Limitation Complaints Period

Claims based on any Rentals must be submitted to Livily within 72 hours of the end of the Rentals, either by e-mail to support@livily.com Claims should be made in writing, in Tenant’s own interest.

3.5.15.  No Control Over Property

Livily 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 Livily is not and shall not be considered a property manager for the Property, and the full extent of the Services provided by Livily are defined entirely within these General Terms and Conditions; Livily does not, and shall not, provide any physical, administrative, or financial maintenance or management of the Property.

Article 4. Livily ’s Specific Services to Property Suppliers.

4.1.  Support Services

Upon its acceptance of these General Terms and Conditions on the Effective Date, Livily 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 Partner Networks; with the Property Supplier’s authorization, creating Listings on behalf of the Property Suppliers for publication on the Website, the Partner Networks, 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 partner network 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 Partner Networks 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 Partner Networks.

4.2.  Property Suppliers and Hosts

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. Livily 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.  Livily ’s Specific Services

Pursuant to Section 4.1 above, Livily shall provide the following Services to You as a Property Supplier.

4.4.  Partner Network

By listing a property on Livily, you authorize Livily to market and syndicate your Listing across its Partner Network. Using the images and information you provide, Livily may create and maintain Listings on the Livily Website and Partner Networks, which may include Corporate Travel Management platforms, Global Distribution Systems (GDS), and real estate services such as FurnishedFinder, Zillow, Realtor.com, Apartments.com, Redfin, and others now or in the future. Syndication may take 10–14 days or longer. Partner Networks may alter, delay, reject, or remove Listings at their discretion, and the Tenant Service Fee may appear as a markup on certain platforms. Livily may enhance your descriptions and images for marketing purposes but does not guarantee rental leads, bookings, or inquiries.

4.5.  Pricing

You understand that the Property Suppliers set the monthly or daily rental price as described in these General Terms and Conditions.

4.6   Support

Livily ’s Guest support services are available from 06:00 to 03:00 eastern time, seven days per week. When any Guest makes a Rental, we shall collect payment of the Rate(s) charged for each night of booking via credit card, debit card, or other means that may be available and accepted from time to time through the Technology.

4.7.  Designated Contact with Livily

Livily will provide You with a liaison that will manage Your Property and its Listings. Your liaison within Livily will assist You with the implementation process and to manage Your relationship with Livily.

4.8.  Dashboard

Livily will provide You with a dashboard to inform You of any Rentals made for Your Property through any Listing Livily creates or maintains in a secure portal that You will access using login credentials that You provide to Livily . Livily will provide You with access to information pertaining to each Rentals for Your Property processed by Livily , 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 Partner Networks.

4.9.  Host Payouts

Tenants will pay rent using Livily Wallet (the “Wallet”) and these payments will be made directly to Property Supplier or Hosts less our Fees. In order to receive a Payout you must have a valid Payout Method linked to your account. Livily uses Stripe Connect to automatically process payouts. Please note Stripe fee of 2.9% will be deducted as merchant fees from Property Suppliers payouts. To use the payout functionality of our application, Property Suppliers must sign up with Stripe Connect through the Wallet section of the app. By doing so, you authorize us to collect and share your personal information with Stripe, including your full name, company name, email address, and financial information. You are responsible for the accuracy and completeness of the information provided. You understand that you will access and manage your balances through our application, and account notifications will be sent by us, not Stripe. Livily will provide customer support for your account activity, and our support team can be reached at support@livily.com.

4.10.  Host Payout Policy

Subject to and conditional upon the successful receipt of payments from the guest, Livily will initiate payouts to your selected payout method as follows: (i) for accommodations less than twenty-eight (28) nights, within 48 hours after the guest’s scheduled check-in date; For accommodation bookings of twenty-eight (28) nights or more, Livily will initiate the first payout within 48 hours after the guest’s scheduled check-in date and will initiate future payouts every 30 days after the initial payout for the duration of the reservation. Livily may temporarily hold, suspend, or cancel a booking prior to guest arrival to prevent fraud, ensure security, conduct risk assessments, or complete identity verification. We reserve the right to cancel a booking before check-in if the payment is deemed fraudulent. Livily provides chargeback protection to hosts, ensuring they are not financially impacted by fraudulent disputes that arise after check-in. However, if a dispute is related to a property-related issue, the host may be held liable, with any deductions made from future payouts. Such cases are reviewed and resolved on a case-by-case basis.

4.11.  Fraud Prevention 

To ensure a secure and trustworthy booking process, Livily implements strict fraud prevention measures. Every guest is required to submit a live selfie and a copy of their government-issued ID, which is then matched with the credit card on file. This verification process helps prevent fraudulent bookings, unauthorized transactions, and identity theft, adding an extra layer of security for both hosts and guests.

4.12.   Livily ’s Fees to Hosts 

Livily shall charge Property Suppliers a Service Fee, and Property Suppliers and or Host understand and agree that Livily will charge a 10% Fees of the subtotal amount arising from each booking. Livily shall be the sole recipient and beneficiary of all Service Fees for all Rentals made on the Website, any of the Partner Networks, or otherwise services by Livily. Property Supplier understands and agrees that Property Supplier shall have no right, title, or interest in any Service Fees charged or collected by Livily, and disclaims, releases, and discharges any claim or entitlement to the same. 

4.13.  Suspension of Services to Property Suppliers

Livily 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 Partner Networks. The reasons Livily 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 Livily ; Your failure to inform Livily of other Rent, bookings, or periods of unavailability for the Property not made through the Website or the Partner Networks; Your failure to maintain current and accurate bank account information with Livily ; Your cancellation of any Rentals; Your refusal to accept a Rentals at the Rate(s) set by Livily ; suspected fraud, abuse, or unlawful activity; Livily ’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 Livily   in a negative or unflattering light, as determined in Livily ’s sole and exclusive discretion; Your mistreatment of Livily ’s employees, agents, vendors, or contractors; or for any other reason Livily determines, in its sole and absolute discretion, justifies suspension of the Agreement.

Article 5. Property Supplier Obligations to Livily

5.1. Security Deposit Claims

At or before the time of Tenant’s move-in for a Rentals, Livily will charge the Tenant’s credit or debit card a deposit in an amount Livily 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 Livily 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.

5.2.  Provision of Listing Information

As set forth in this Agreement, You shall provide information and materials reasonably necessary for Livily to prepare Listings of the Property.

5.3.  Property Supplier Conduct

As a Property Supplier, You are solely responsible and liable for any and all Listings You create and send to Livily , including any Listing created on behalf of and accepted by You, and expressly including any and all Listings created by Livily . Accordingly, You represent and warrant that any Listing created by You or Livily , 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 Livily , that violates the terms and conditions of any Provider, that violate the terms and conditions of any Partner Network, or that violates any applicable laws, statutes, regulations, rules, or ordinances.

5.4.  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, Livily may provide You with a safety self-assessment survey at any time which You agree to complete truthfully and accurately and return to Livily within five days of receiving it.  If You fail to comply with Your obligations under this Section, Livily 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 Livily 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 Livily to discharge its obligations under this Agreement.  Livily will transmit these requirements to You in writing as they are set or change, and You can request all such information from Livily by sending written notice to Livily seeking such information.

5.5.  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 Partner Networks.

5.6.  Non-Discrimination

You understand and agree that You shall not treat any Tenant that makes a Rentals through Livily 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 Livily and Livily ’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 Livily ’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.

5.7.  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 Livily 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 Livily ’s election, a fraudulent or potentially fraudulent Rentals.  Livily 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 Livily 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

5.8.  Providing Listing and Promotional Material

As provided in this Agreement, Livily shall create Listings for the Property and set rates for the Listings as set forth below.

5.9.  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 Livily at least 15, and no more than 30, Images of the Property that You own or have the full right to license to Livily for its use, subject to the conditions below.

5.10  Licensing

You grant Livily 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 Livily for Livily ’s and its Affiliates’ use in identifying, promoting, marketing, and otherwise obtaining Rent for the Property. You further agree to provide Livily reasonable free access to the Property in order to obtain images that Livily shall create and own in their entirety for Livily ’s and its Affiliates’ use in identifying, promoting, marketing, and otherwise obtaining Rent for the Property.

5.11.  Order of Listing Display

Livily 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 Partner Networks.  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.

5.12. Property Supplier’s Tax Obligations

As a Property Supplier, you are solely responsible for determining, reporting, collecting, and remitting any applicable taxes related to your property, including without limitation occupancy, lodging, transient, sales, value-added, or other similar taxes (collectively, “Lodging Taxes”).You acknowledge that applicable governmental authorities may require you to register and obtain tax number. Lodging Taxes to be collected from guests or Property Suppliers as a percentage of the rental rate or other charges. Laws vary by jurisdiction, and compliance with these requirements remains the exclusive responsibility of the Property Supplier. Livily’s role is limited to facilitating reservations and collecting guest funds on behalf of the Property Supplier. Any Lodging Taxes collected by Livily shall be treated strictly as pass-through funds and will be promptly remitted to the Property Supplier for the purpose of fulfilling the Property Supplier’s tax filing and remittance obligations. Livily shall not be liable for, nor responsible to register, report, or remit, any Lodging Taxes on behalf of the Property Supplier. The Property Supplier agrees to indemnify and hold Livily harmless from any claims, penalties, interest, or liabilities arising from the Property Supplier’s failure to comply with applicable tax obligations.

5.15.   Insurance

For so long as You are a Property Supplier, You agree to maintain general commercial liability insurance or homeowners insurance for each Property for which Livily 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 Livily with a copy of Your insurance certificate within ten days of Livily 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 Livily 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 Livily , its Affiliates, and Livily ’s officers, directors, employees, and agents as a condition of entering these General Terms and Conditions.

5.16.  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 Livily 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 Livily 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 Livily 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@Livily.app Please note that, apart from giving tenants the ability to have their entire Livily rent payment history removed from agency credit reports, Livily 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 Livily with anyone other than as allowed using the sharing mechanism on the Livily 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 Livily to discuss the matter directly. You may also contact Livily at support@Livily .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@Livily .com or the telephone number displayed when your report is made available for viewing on Livily . 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, Livily 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 Livily .

5.17.  Indemnification

You, as a Property Supplier, understand and agree, at Your sole and exclusive expense, to indemnify and defend Livily, its Affiliates, and its officers, directors, employees, and agents (collectively, the “Livily Indemnities”) 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 Livily Indemnitees’ court costs and reasonable attorney’s fees under this section on a monthly basis as they are incurred by any of the Livily Indemnitees.  Any of the Livily Indemnitees may participate in the defense or settlement of any claim, demand, litigation, administrative proceeding, or other dispute for which You indemnify the Livily 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 Livily Indemnitees, which shall not be unreasonably withheld.

5.18.  Limitation of Livily ’s Liability

You, as a Property Supplier, shall irrevocably release and hold harmless Livily , its officers, directors, employees, agents, and its Affiliates, from all claims arising from these General Terms and Conditions and any Rent obtained through Livily , the Website, or the Partner Networks, whether those claims are brought by any Tenant or any third party. You expressly agree to release Livily , 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 Livily , 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 Livily from any claim for attorneys’ fees and costs in any claim or dispute. You further shall hold Livily , 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. Livily 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 Livily ’s best efforts, some of the Services listed on the Website may be incorrectly priced. Livily 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. Livily 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

Livily 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 or travel insurance. The Guest 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 Livily, 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 Livily or any Property Supplier. The price of Services reserved on the Website or by telephone must be paid to Livily.  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 Livily, the Property Supplier, or any governmental authority.

The Tenant shall provide the details of the Tenant’s payment card, and Livily 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, Livily does not collect taxes for remittance to applicable taxing authorities. The tax charges on prepaid Rate are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Livily pays to the Property Suppliers for taxes due on the rental of the appropriate property. The Property Supplier invoices Livily for tax amounts. The Property Suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Livily 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 Livily 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 Livily 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@Livily.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 Livily or the Website using the address provided in their Rules and Restrictions or to Livily.

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.  Livily ’s Liability

Each Tenant and Property Supplier accepts that where Livily acts as an interface between the Tenant and the Property Suppliers, Livily 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. Livily 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.  Livily 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 Livily 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. Livily 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 Livily 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 Nevada, Clark County within the United States of America, without regard to its conflicts-of-laws provisions 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 Livily . Consistent with the Federal Arbitration Act, Tenant and Property Suppliers irrevocably agree to submit all claims against Livily arising from or relating to these General Terms and Conditions to binding and confidential arbitration that shall be exclusively venued within the state of Nevada. 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 Livily 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. Livily shall not be held liable for any failure or delay in performance of its obligations under this agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor strikes, supply chain disruptions, government regulations, internet or telecommunications failures, or any other unforeseen events that prevent or hinder the syndication, promotion, or booking of listings. In such cases, Livily reserves the right to modify, suspend, or terminate services without liability.

These General Terms and Conditions come into force on May 6, 2020, updated on Oct 24, 2023.