Terms of Service

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These Terms of Service (“Terms” ) are a binding legal agreement between you and Little Known Gems that govern your use of the websites, applications, and other offerings from Little Known Gems (collectively, the “Little Known Gems Platform”). The Little Known Gems Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. You must register an account to access and use many features of the Little Known Gems Platform, and must keep your account information accurate. As the provider of the Little Known Gems Platform, Little Known Gems does not control or change the personal information provided by members. If you submit and publish a Little Known Gem, you are responsible for understanding and complying with all laws, rules, regulations that apply to the information supplied on your listing.

Table of Contents

Member and Little Known Gems Platform Users Terms

1. Our Mission.

2. Searching and Booking on Little Known Gems.

3. Your Responsibilities and Assumption of Risk.

4. Managing Your Listing.

General Terms

5. Reviews.

6. Content.

7. Little Known Gems Platform Rules.

8. Termination, Suspension and other Measures.

9. Modification.

10. Little Known Gems Role.

11. Member Accounts.

12. Disclaimer of Warranties.

13. Limitations on Liability.

14. Indemnification.

15. Miscellaneous.

Member and Little Known Gems Platform Users Terms

1. Our Mission.

Our mission is to create a world where people are motivated to take a moment to step away from the complexities of our busy livesby reconnecting with our natural world. From secret waterfalls to unknown cascades to an untouched surf break, contribute your own Little KnownGem or browse through millions of listings that other adventurers have added and start discovering something new!

2. Searching and Booking on Little Known Gems.

2.1 Searching.

You can search for little Known Gems by using criteria like the type of adventure, activity or location. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria.

2.2 Booking.

When you book accommodation that is relevant to the Little Known Gem you wish to visit, you are agreeing to pay all charges and fees for your booking through the third party affiliates. When booking, you are acknowledging that any accommodation booking is provided through Stay22 and their affiliate booking agency. The cancellation policy and any other rules, standards, policies, or requirements identified in the accommodation booking form part of your contract with the agency only. Any issues or complaints regarding accommodation should be directed to those third-party booking agencies.

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the content that is submitted to ensure that you act with integrity, treat others with respect, and always comply with applicable laws.

3.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Little Known Gems Platform and any Content (as defined in Section 6), including your submitted Little Known Gems, participation in any adventure or discovery of new Little Known Gems, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Little Known Gem to determine whether it is suitable or safe for you. For example, adventuring or discovering a Little Known Gem may carry risk of disability, illness, bodily injury, or death, and youwilfully and freely assume those risks by choosing to participate in finding them.

4. Managing Your Listing.

4.1 Creating and Managing Your Listing.

The Little Known Gems Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Little Known Gem, Highlights (Information provided by users on the Gem submission form), Difficulty (Information provided by users on the Gem submission form), Google Map (The Google Map location supplied by users on the Gem submission form), Additional Directions (Information provided by users on the Gem submission form), Reviews, Safety Information and personal details.

4.2 Know Your Legal Obligations.

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Little Known Gems listing. For example: Providing misleading information for a Little Known Gem that does not exist or is located in a prohibited areais unacceptable, misleading and potentially illegal. Some cities have zoning or other laws that restrict access to private property or other government owned areas.

General Terms

5. Reviews.

After a visit to a Little Known Gem, Users will have an opportunity to review each other and the experience they had. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our content policy or review policy. Reviews are not verified by Little Known Gems for accuracy and may be incorrect or misleading.

6. Content.

Parts of the Little Known Gems Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Little Known Gems a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If Content includes personal information, our privacy policy describes how we use that personal information. Where Little Known Gems pays for the creation of Content or facilitates its creation, Little Known Gems may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant Little Known Gems the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our content policy and non-discrimination policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Little Known Gems may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Little Known Gems does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

7. Little Known Gems Platform Rules.

7.1 Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

• Act with integrity and treat others with respect

• Do not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when you communicate or interact with others.
• Follow our non-discrimination policy and do not discriminate against or harass others.

• Do not scrape, hack, reverse engineer, compromise or impair the Little Known Gems Platform

• Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Little Known Gems Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Little Known Gems Platform or Content.
• Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Little Known Gems Platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Little Known Gems Platform.

• Only use the Little Known Gems Platform as authorised by these Terms or another agreement with us

• Do not use the Little Known Gems Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
• You may use Content made available through the Little Known Gems Platform solely as necessary to enable your use of the Little Known Gems Platform as a User.
• Do not use Content unless you have permission from the Content owner, or the use is authorised by us in these Terms or another agreement you have with us.
• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorised by Little Known Gems.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not use, copy, display, mirror or frame the Little Known Gems Platform, any Content, any Little Known Gems branding, or any page layout or design without our consent.

• Honour your legal obligations

• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you:
(i) must do so in compliance with applicable law,
(ii) must be authorised to do so, and
(iii) authorise us to process that information under our privacy policy.

• Read and follow our terms, policies, and standards.
• Do not use the name, logo, branding, or trademarks of Little Known Gems or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Little Known Gems branding.

7.2 Reporting Violations.

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Little Known Gems. In addition, if you believe that a Member, Listing or Content has violated our standards, you should report your concerns to Little Known Gems. If you reported an issue to local authorities, Little Known Gems may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

7.3 Copyright Notifications.

If you believe that Content on the Little Known Gems Platform infringes copyrights, please notify us in accordance with our copyright policy.

8. Termination, Suspension and other Measures.

8.1 Term.

The agreement between you and Little Known Gems reflected by these Terms is effective when you access the Little Known Gems Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

8.2 Termination.

You may terminate this agreement at any time by sending us an email or by deleting your account. Little Known Gems may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Little Known Gems may also terminate this agreement immediately and without notice and stop providing access to the Little Known Gems Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Little Known Gems, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

8.3 Member Violations.

If (i) you breach these Terms, our policies, or our standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Little Known Gems believes it is reasonably necessary to protect Little Known Gems, its Members, or third parties; Little Known Gems may, with or without prior notice:

• suspend or limit your access to or use of the Little Known Gems Platform and/or your account
• suspend or remove Listings, Reviews, or other Content; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Little Known Gems determines in its sole discretion, you will be given notice of any intended measure by Little Known Gems and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service.

8.4 Legal Mandates.

Little Known Gems may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in member Violations.

9. Modification.

Little Known Gems may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Little Known Gems Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Little Known Gems Platform will constitute acceptance of the revised Terms.

10. Little Known Gems Role.

We offer a platform that enables Members to publish, offer, search for, and book accommodation services. While we work hard to ensure our Members have great experiences using Little Known Gems, we do not and cannot control the conduct of other users or members. You acknowledge that Little Known Gems has the right, but does not have any obligation, to monitor the use of the Little Known Gems Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Little Known Gems Platform (including 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) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Little Known Gems administers its policies and standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Little Known Gems in good faith, and to provide Little Known Gems with such information and take such actions as may be reasonably requested by Little Known Gems with respect to any investigation undertaken by Little Known Gems regarding the use or abuse of the Little Known Gems Platform. Little Known Gems is not acting as an agent for any Member.

11. Member Accounts.

You must register an account to access and use many features of the Little Known Gems Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Little Known Gems Platform under the laws of Australia, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Little Known Gems if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

12. Disclaimer of Warranties.

We provide the Little Known Gems Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Member, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Little Known Gems Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Little Known Gems has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

13. Limitations on Liability.

Neither Little Known Gems (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Little Known Gems Platform or any 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) the use of or inability to use the Little Known Gems Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Little Known Gems Platform, or (iv) publishing of a Listing, including the provision or use of Accommodation Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Little Known Gems has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will Little Known Gems aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Little Known Gems Platform, any Content, or any Accommodation Service. These limitations of liability and damages are fundamental elements of the agreement between you and Little Known Gems. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

14. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Little Known Gems option), indemnify, and hold Little Known Gems (including Little Known Gems Payments, other affiliates, and their personnel) 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 (including any supplemental or additional terms that apply to a product or feature) or our policies and standards, (ii) your improper use of the Little Known Gems Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or adventure at any Little Known Gem listing, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

15. Miscellaneous.

15.1 Other Terms Incorporated by Reference.

OurContent Policy, Non-discrimination Policy, Extenuating Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Little KnownGems Platform, are incorporated by reference, and form part of your agreement with Little Known Gems.

15.2 Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Little Known Gems and you pertaining to your access to or use of the Little Known Gems Platform and supersede any and all prior oral or written understandings or agreements between Little Known Gems and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Little Known Gems. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

15.3 No Waiver.

Little Known Gems 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.

15.4 Assignment.

You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Little Known Gems prior written consent. Little Known Gems may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

15.5 Notice.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Little Known Gems via email, Little Known Gems Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

15.6 Third-Party Services.

The Little Known Gems Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Little Known Gems is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

15.7 Google Terms.

Some translations on the Little Known Gems Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Little Known Gems 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.

15.8 Apple Terms.

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

15.9 Little Known Gems Platform Content.

Content made available through the Little Known Gems Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Little Known Gems and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Little Known Gems Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Little Known Gems 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 the Content made available on or through the Little Known Gems Platform and accessible to you, solely for your personal and non-commercial use.

15.10 Force Majeure.

Little Known Gems shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

15.11 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your Little Known Gems account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have aLittle Known Gems account.

15.12 Contact Us.

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

Terms of Service for European Users

As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Little Known Gems is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.