Terms of Service | Pollieglot

Pollieglot Terms of Service.

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

Last Updated: March 1, 2019

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Pollieglot Enterprise (002787335-M) governing your access to and use of the Pollieglot website, including any subdomains thereof, and any other websites through which Pollieglot makes the Pollieglot Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Pollieglot Services"). The Site, Application and Pollieglot Services together are hereinafter collectively referred to as the "Pollieglot Platform".

When these Terms mention "Pollieglot,” “we,” “us,” or “our,” it refers to the Pollieglot company you are contracting with.

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

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

1. Description of Pollieglot Services

1.1 The Pollieglot 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 “Pollies” and the services they offer are “Pollie Services”) to publish such Pollie Services on the Pollieglot Platform (“Profile”) and to communicate and transact directly with Members that are seeking to book such Pollie Services (Members using Pollie Services are “Friends”). Pollie Services include the offering of knowledge expertise for language and cultural learning (“Sessions”) in a single or multi-day activities.

1.2 As the provider of the Pollieglot Platform, Pollieglot does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Profile or Pollie Services. Pollies alone are responsible for their Profile and Pollie Services. When Members make or accept a reservation, they are entering into a contract directly with each other. Pollieglot is not and does not become a party to or other participant in any contractual relationship between Members, nor is Pollieglot a broker or insurer. Pollieglot is not acting as an agent in any capacity for any Member, except as specified in this Terms.

1.3 While we may help facilitate the resolution of disputes, Pollieglot has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Profiles or Pollie Services, (ii) the truth or accuracy of any Profile descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Pollieglot does not endorse any Member, Profile or Pollie 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 Pollieglot 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 participate in a Session, accept a reservation request from a Friend, or communicate and interact with other Members, whether online or in person.

1.4 If you choose to use the Pollieglot Platform as a Pollie, your relationship with Pollieglot is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Pollieglot 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 Pollieglot.

1.5 To promote the Pollieglot Platform and to increase the exposure of Profiles to potential Friends, Profiles 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, Profiles and other Member Content may be translated, in whole or in part, into other languages. Pollieglot cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Pollieglot 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 noninfringement.

1.6 The Pollieglot 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. Pollieglot 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 Pollieglot of such Third-Party Services.

1.7 Due to the nature of the Internet, Pollieglot cannot guarantee the continuous and uninterrupted availability and accessibility of the Pollieglot Platform. Pollieglot may restrict the availability of the Pollieglot 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 Pollieglot Platform. Pollieglot may improve, enhance and modify the Pollieglot Platform and introduce new Pollieglot Services from time to time.

2. Eligibility, Using the Pollieglot Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Pollieglot Platform or register a Pollieglot Account. By accessing or using the Pollieglot Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Pollie Service(s) are located or take place in a country that is subject to a Malaysian Government embargo, or that has been designated by the Malaysian Government as a "terrorist supporting" country, and (ii) you are not listed on any Malaysian Government list of prohibited or restricted parties.

2.3 Pollieglot may make the access to and use of the Pollieglot Platform, or certain areas or features of the Pollieglot 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 booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.

2.5 Some areas of the Pollieglot 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

Pollieglot 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 Pollieglot 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 thirty (30) days before the date 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 Pollieglot Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Pollieglot Account") to access and use certain features of the Pollieglot Platform, such as publishing or reserving a Profile. If you are registering a Pollieglot Account for a company 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 an Pollieglot Account using an email address and creating a password.

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

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

4.5 You are responsible for maintaining the confidentiality and security of your Pollieglot Account credentials and may not disclose your credentials to any third party. You must immediately notify Pollieglot 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 Pollieglot Account. You are liable for any and all activities conducted through your Pollieglot 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).

5. Content

5.1 Pollieglot 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 Pollieglot Platform ("Member Content"); and (ii) access and view Member Content and any content that Pollieglot itself makes available on or through the Pollieglot Platform, including proprietary Pollieglot content and any content licensed or authorized for use by or through Pollieglot from a third party ("Pollieglot Content" and together with Member Content, "Collective Content").

5.2 The Pollieglot Platform, Pollieglot Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Malaysia and other countries. You acknowledge and agree that the Pollieglot Platform and Pollieglot Content, including all associated intellectual property rights, are the exclusive property of Pollieglot 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 Pollieglot Platform, Pollieglot Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Pollieglot used on or in connection with the Pollieglot Platform and Pollieglot Content are trademarks or registered trademarks of Pollieglot in Malaysia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Pollieglot Platform, Pollieglot 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 Pollieglot 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 Pollieglot or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Pollieglot 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 Pollieglot 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 Pollieglot Platform, you grant to Pollieglot 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 Pollieglot Platform, in any media or platform. Unless you provide specific consent, Pollieglot 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 You are solely responsible for all Member Content that you make available on or through the Pollieglot 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 Pollieglot Platform or you have all rights, licenses, consents and releases that are necessary to grant to Pollieglot 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 Pollieglot's use of the Member Content (or any portion thereof) 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.

5.7 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, libelous, 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; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Pollieglot policy. Pollieglot may, without prior notice, remove or disable access to any Member Content that Pollieglot finds to be in violation of these Terms or Pollieglot’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Pollieglot, its Members, third parties, or property.

5.8 Pollieglot respects copyright law and expects its Members to do the same. If you believe that any content on the Pollieglot Platform infringes copyrights you own, please notify us.

6. Rounding off

6.1 Pollieglot may, in its sole discretion, round up or round down amounts that are payable from or to Friends or Pollies to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar); for example, Pollieglot will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

7. Service Fees

6.1 Pollieglot may charge fees to Pollies ("Pollie Fees") and/or Friends ("Friend Fees") (collectively, "Service Fees") in consideration for the use of the Pollieglot Platform.

7.2 Any applicable Service Fees will be displayed to a Pollie or Friend prior to publishing or reserving a Session. Pollieglot reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

7.3 You are responsible for paying any Service Fees that you owe to Pollieglot. The applicable Service Fees are due and payable and collected by Pollieglot Payments pursuant to the Payments Terms. Except as otherwise provided on the Pollieglot Platform, Service Fees are non-refundable.

8. Terms specific for Pollies

8.1 Terms applicable to all Profiles

8.1.1 When creating a Profile through the Pollieglot Platform you must (i) provide complete and accurate information about your Profile Service (such as profile description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as dietary) and requirements that apply (such as any minimum age, or fitness requirements for a Session) and (iii) provide any other pertinent information requested by Pollieglot. You are responsible for keeping your Profile information (including calendar availability) up-to-date at all times.

8.1.2 You are solely responsible for setting a price for your Session (“Session Fee”). Once a Friend requests a reservation of your Session, you may not request that the Friend pays a higher price than in the reservation request.

8.1.3 Pictures, animations or videos (collectively, "Images") used in your Profile must accurately reflect the quality and condition of your Pollie Services. Pollieglot reserves the right to require that Profile Images be of a certain format, size and resolution.

8.1.4 The placement and ranking of Profiles in search results on the Pollieglot Platform may vary and depend on a variety of factors, such as Friend search parameters and preferences, Pollie requirements, price, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Pollie Service, and/or ease of booking.

8.1.5 When you accept or have pre-approved a reservation request by a Friend, you are entering into a legally binding agreement with the Friend and are required to provide your Pollie Service(s) to the Friend as described in your Profile when the reservation request is made. You also agree to pay the applicable Pollie Fee which will be collected pursuant to the Payments Terms.

8.1.6 Pollieglot recommends that Pollies obtain appropriate insurance for their Pollie 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 Friends while participating in your Session.

9.2 Profile

9.2.1 You may only create one Profile per account.

9.2.2 To publish a Profile, you must first create a Profile and complete the forms (such as your description, languages proficiency) Publishing a Pollie Profile on the Pollieglot Platform indicates that you have met and upheld the quality standards for a Pollie and meet Friend demand. Pollieglot reserves the right to decide, in its sole discretion, if a submitted Profile, or other Pollie Service will be published on the Pollieglot Platform.

9.2.3 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Profile and Session, and (ii) will obtain any required licenses, permits, or registrations prior to providing your Profile, Session or other Pollie Service(s).

9.2.4 You must provide a Profile, Session or other Pollie Service(s) in person and may not allow any third party to provide the Profile, Session or other Pollie Service(s) on your behalf, unless authorized by Pollieglot.

10. Terms specific for Friends

10.1 Terms applicable to all bookings

10.1.1 Subject to meeting any requirements (such as completing any verification processes), you can book a Session available on the Pollieglot Platform by following the respective booking process. All applicable fees, including the Session Fee, Friend Fee (collectively, “Total Fees”) will be presented to you prior to booking a Session. You agree to pay the Total Fees for any reservation requested in connection with your Pollieglot Account.

10.1.2 Upon receipt of a reservation confirmation from Pollieglot, a legally binding agreement is formed between you and your Pollie, subject to any additional terms and conditions of the Pollie that apply, including any rules and restrictions specified in the Profile or Session. Pollieglot Payments will collect the Total Fees at the time of the booking request or upon the Pollie’s confirmation pursuant to the Payments Terms.

10.1.3 If you are booking for an additional Friend who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Session if accompanied by an adult who is responsible for them.

10.2 Reserving Sessions

10.2.1 You may not bring any additional individuals to a Session or other Pollie Service.

11. Session Modifications, Cancellations and Refunds, Resolution Center

11.1 Pollies and Friends are responsible for any modifications to a reservation that they make via the Pollieglot Platform or direct Pollieglot customer service to make ("Session Modifications"), and agree to pay any additional Session Fees, Pollie Fees or Friend Fees associated with such Session Modifications.

11.2 Friends can cancel a confirmed booking at any time, and Pollieglot Payments will provide any refund to the Friend.

11.3 If a Pollie cancels a confirmed reservation, the Friend will receive a full refund of the Total Fees for such reservation and Pollieglot may publish an automated review on the Session cancelled by the Friend indicating that a reservation was cancelled.

11.4 In certain circumstances, Pollieglot may decide, in its sole discretion, that it is necessary to cancel a confirmed reservation and make appropriate refund and payout decisions. This may be for reasons (i) where Pollieglot believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Pollieglot, other Members, third parties, or (ii) for any of the reasons set out in these Terms.

12. Ratings and Reviews

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

12.2 Ratings and Reviews by Friends and Pollies must be fair, truthful and factual and may not contain any offensive or defamatory language.

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

13. Prohibited Activities

13.1 You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Pollieglot Platform. In connection with your use of the Pollieglot 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 Standards;
  • use the Pollieglot 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 Pollieglot endorsement, partnership or otherwise misleads others as to your affiliation with Pollieglot;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Pollieglot Platform in any way that is inconsistent with Pollieglot’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Pollieglot Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • offer, as a Pollie, any Profile that you do not yourself own or have permission to make available as a Session through the Pollieglot Platform;
  • unless Pollieglot explicitly permits otherwise, reserve any Profile if you will not actually be using the Pollie Services yourself;
  • contact another Member for any purpose other than asking a question related to a your own booking, Profile, or the Member's use of the Pollieglot 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 Pollieglot Platform to request, make or accept a reservation independent of the Pollieglot Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Session Fees outside of the Pollieglot Platform or Pollieglot Payments. 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 Pollieglot 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 abusive or disruptive behavior;
  • use, display, mirror or frame the Pollieglot Platform or Collective Content, or any individual element within the Pollieglot Platform, Pollieglot's name, any Pollieglot trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Pollieglot Platform, without Pollieglot's express written consent;
  • dilute, tarnish or otherwise harm the Pollieglot brand in any way, including through unauthorized use of Collective Content, registering and/or using Pollieglot 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 Pollieglot 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 Pollieglot Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Pollieglot or any of Pollieglot's providers or any other third party to protect the Pollieglot Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Pollieglot Platform;
  • export, re-export, import, or transfer the Application except as authorized by Malaysian law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13.2 You acknowledge that Pollieglot has no obligation to monitor the access to or use of the Pollieglot 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 Pollieglot 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 Pollieglot in good faith, and to provide Pollieglot with such information and take such actions as may be reasonably requested by Pollieglot with respect to any investigation undertaken by Pollieglot or a representative of Pollieglot regarding the use or abuse of the Pollieglot Platform.

13.3 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 Pollieglot by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

14. Term and Termination, Suspension and other Measures

14.1 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 Pollieglot terminate the Agreement in accordance with this provision.

14.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Pollieglot Platform or by sending us an email. If you cancel your Pollieglot Account as a Pollie, any confirmed reservation(s) will be automatically cancelled and your Friends will receive a full refund. If you cancel your Pollieglot Account as a Friend, any confirmed reservation(s) will be automatically cancelled and refunded.

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

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

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

15. Disclaimers

If you choose to use the Pollieglot Platform or Collective Content, you do so voluntarily and at your sole risk. The Pollieglot 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 Pollieglot Services, laws, rules, or regulations that may be applicable to your Profile and/or Pollie Services you are receiving and that you are not relying upon any statement of law or fact made by Pollieglot relating to a Profile.

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

16. Liability

16.1 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 Pollieglot Platform and Collective Content, your publishing or reservation of any Pollie via the Pollieglot Platform, participation in any Session or use of any other Pollie Service or any other interaction you have with other Members whether in person or online remains with you. Neither Pollieglot nor any other party involved in creating, producing, or delivering the Pollieglot 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 Pollieglot 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 Pollieglot Platform, or (iv) from your publishing or reservation of a Pollie, including the provision or use of Pollie Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Pollieglot 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. Except for our obligations to pay amounts to applicable Pollies pursuant to these Terms, in no event will Pollieglot’s aggregate liability arising out of or in connection with these Terms and your use of the Pollieglot Platform including, but not limited to, from your publishing or reserving of any Pollie via the Pollieglot Platform, or from the use of or inability to use the Pollieglot Platform or Collective Content and in connection with any Session or other Pollie Service, or interactions with any other Members, exceed the amounts you have paid or owe for reservations via the Pollieglot Platform as a Friend in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Pollie, the amounts paid by Pollieglot to you in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Pollieglot and you.

17. Indemnification

You agree to release, defend (at Pollieglot’s option), indemnify, and hold Pollieglot and its affiliates and subsidiaries, 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 Pollieglot Platform or any Pollieglot Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Pollie 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,

18. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Pollieglot Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Pollieglot 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.

19. General Provisions

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

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

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

19.4 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.

19.5 Pollieglot’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.

19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Pollieglot's prior written consent. Pollieglot 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.

19.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Pollieglot via email, Pollieglot Platform notification, or messaging service (including SMS, WhatsApp, WeChat).

19.8 If you have any questions about these Terms please email us.

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