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Terms of Service​

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PLEASE READ OUR TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. THESE TERMS ARE LAST MODIFIED ON 4 JANUARY 2018.

 

1. OVERVIEW

By using this website www.loco-band.com ( “Website”) and Services provided by Locoband Limited (“Locoband”, “We”, “us”, “our”, “Company”), you accept and agree to comply with and be bound by these Terms of Service (“Terms”). “You” and “your” includes any person who accesses this Website or buys our products or uses our Service. The jurisdiction governing these Terms belongs to the court of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and any actions must be brought solely to the court of Hong Kong but no other jurisdictions.

In these Terms of Service, “Content” displayed on this Website includes, but is not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials. “Local” means any person who takes lead when conducting Experiences. “Outside Factors” means any external factors, such as weather, that may impact a Experience. “Profile” means a webpage that contains the information about the Local’s background, knowledge and experience, the photos and videos of the Local and social media accounts. “Review” means any comment and feedback about a Local or a Experience that a Traveller submits. “Service” includes our Website, the selling and purchasing of our Products, and the conduct of any Experiences. “Third party websites” means any website that is not owned by Locoband. “Experiences” mean any free and complimentary Experiences offered as part of our Service. “Traveller” means any individual who purchases our Product and engage in our Experiences.

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2. CHANGES OF TERMS
We reserve the right to change or modify any part of these Terms at our sole discretion and at any time without further notice. It is your responsibility to visit this page from time to time to review these current Terms to which you are bound. In the event that we change or modify these Terms, we will post the changes or modifications of these Terms on this page and will indicate at the top of the Terms the date these Terms were last revised.

Your continued use of this Website after any such change or modifications constitutes your acceptance of the revised Terms. If you do not agree to abide by the revised Terms, you have no right to use or access (or continue to use or access) this Website and the Services. While we will do our best to notify our users of any changes or modifications to these Terms, it is your responsibility to regularly check this Website to ascertain if there are any changes or modifications.

Additionally, you shall be subject to any additional terms applicable to the Services that may be posted on the page relating such Services from time to time and the Privacy Policy adopted by us from time to time when using any Services. All of these additional terms are hereby completely incorporated by reference into these Terms.

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3. ACCESSING AND USING THE SERVICE

  1. Nature of the Services
    Locoband’s business nature is the retail of designed hand bands. Any Experience is complimentary, thus free of charge, and we do not derive any profit from it. We only act as a platform for Locals to earn commission by selling our Products through giving free Experiences as a way to raise awareness of our Products. We cannot and do not control the content contained in any Profiles and the conditions, legality or suitability of any Experiences. We have no control over the conduct of Locals, Travellers and other users of the Services or any Experiences. Locoband disclaims all liability in this regard. Accordingly, the planning or participation in any Experience is at the Local’s and/or Traveller’s own risk.

  2. Modification to the Services
    We reserve the right, at their sole discretion, to modify or discontinue, whether temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  3. Locals’ Obligations
    As a Local, you will create a Profile that showcases your photos, background, knowledge, experience, and activities you can lead, and design Experiences that Travellers may be interested in. Profiles will be made publicly available via the Services, and Travellers may contact you based upon the information provided in your Profile. As a Local, you acknowledge and agree that you are solely responsible for your Profile, own actions and omissions.

    You also acknowledge and agree that you are responsible for the actions and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveller. You understand and agree that we do not act as an insurer or as a contracting agent or in any similar capacity for you as a Local.

    You agree to ensure that your Profile and your planning of or guidance on any Experience:

    1. Will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)

    2. Will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to such Experiences, including, but not limited to, tourism, tour guide licensing laws, and other law governing events and tours of public spaces and other venues, and

    3. Will not conflict with the rights of third parties.

We assume no responsibility for any Local’s or Traveller’s compliance with any applicable law, rules and regulations. We reserve the right, at any time and without prior notice, to remove, block or disable access to any Profile and Experiences for any reason, including Profiles and Experiences that Locoband, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

We strongly recommend that Locals and Travellers each obtain appropriate insurance for their Experiences. Please carefully review any and all insurance policies that you may have before booking your Experiences; and in particular, please make sure that you familiarize yourself with and understand any exclusions to, and any deductibles that may apply for, such insurance policy. These may include, but are not limited to, whether your insurance policy will cover the actions or inactions of Travellers while participating in your Experience.

  1. No Endorsement
    Locoband does not endorse any Experiences planned by Locals. Additionally, these Terms require users to provide accurate information. We do not attempt to confirm, and do not confirm, any user’s purported identity. You are solely responsible for determining the identity and suitability of others who you connect to through the Services. We will not be responsible for any damage or harm resulting from your interaction with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm. You also agree not to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.​

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4. CONDITION OF USE – BOOKING AND PAYMENT

  1. Locals

    1. If a Traveller has booked an Experience through us, we will send the Local a request within 24 hours we receive the booking. The Local has an obligation to reply to us to confirm the Local’s availability. If we do not receive the Local’s reply within 24 hours after we sent the request, the Local will be deemed unavailable and the booking will be cancelled.

    2. Any payment from us to the Locals is in form of commission for promoting and selling our product. No payment is originated from the provision of services that are in nature sightseeing or visits to local places of interest, restaurant meals or other catered meals or local transport. The commission is calculated on a basis of the number of hours spent on promoting and selling our product in the form of giving free Experiences multiplied by a fixed commission rate. The rate will be agreed between us and the Local before we create a profile for the guide. We reserve the right to change this rate. Locals acknowledge and agree that Locoband, at its sole discretion, change this rate any time. We will notify impacted Locals via email and updates to this Website prior to implementing these changes.

    3. We are not liable for cancellation, payment, or any other issues relating to arrangement of third-party vendors for the Experiences.

    4. We assume no liability for any acts or omissions committed by the Local before, during and after any Experiences.

  2. Traveller

    1. After purchasing our Product, the Traveller will receive a confirmation email with access code to make a booking on a Third Party Website. To make a booking, the Traveller has to book an Experience on that Third Party Website. Upon receiving the booking, we will reply the Traveller with a confirmation email within 24 hours if the Experience is available. We do not guarantee that all Experiences that are indicated as available on the Website and any Third Party Website are truly available for booking and there is no remedy if such we decide that such Experiences are not available.

    2. With every purchase of the Locoband – 1 Day, the Traveller can only book Experiences of one particular date within 6 months after the purchase. We reserve the right to decide which is the date of the Experiences. Traveller can book unlimited number of Experiences within this particular date.

    3. A Traveller cannot book more than one Experience for the same time slot. If there is a time clash among the booked Experiences, we will offer an opportunity for the Traveller to change the Experience 24 hours before the date of the Experience. If the Traveller does not change the Experience, we reserve the right to decide which Experience the Traveller can go. There is no remedy if the Traveller cannot book his desired Experience.

    4. After we have sent the confirmation email on the booked Experience to the Traveller, a Traveller can change the Experiences or change the date of Experience entirely if a request is made more than 24 hours before the date of the Experience. Any request to change Experiences within 24 hours before the date of the intended Experience will not be entertained and will be viewed as cancellation of the Experience.

    5. After we have sent the confirmation email on the booked Experience to the Traveller, contact information will be exchanged for both parties.

    6. At the time in which you elect to complete a transaction for the Services, you will be asked to make an online payment through a third-party provider that Locoband believes to be reliable. We will maintain the security of your credit card information, but are not liable for any issues that may arise due to your interaction with the third-party provider.

 

5. CANCELLATION AND REFUNDS

  1. Cancellation Policies

    1. Traveller Cancellation Policy (Traveller cancels Experience)
      In the event that a Traveller decides to cancel any Experience, no refund will be issued to the Traveller.

    2. Local Cancellation Policy (Local cancels Experience)
      In the event that a Local needs to cancel the Experience after sending us an email of confirmation upon our booking request, a Cancellation Fee will be charged at the following rates –

      1. 24 hours or more before the start of the Experience – $500HKD Cancellation Fee

      2. Less than 24 hours before the start of the Experience – $750HKD Cancellation Fee

        1. All Cancellation Fees charged to a Local for the cancellation of a Experience is due to Locoband within 7 business days.

        2. A Local may request a waiver to this Cancellation Fee for extenuating circumstances. A request to waive the Cancellation Fee must be submitted in writing and sent with supporting documents to locoband.hk@gmail.com within 48 hours of the cancellation. We will review each waiver, but we reserve the right, at our sole discretion, to accept or reject each waiver. In the event that a Local needs to cancel an Experience after sending us an email of confirmation upon our booking request, the Traveller will have the option of booking an alternative Experience on the same day or another Experience of the same or less number of hours on another day. All determinations from Locoband with respect to the Cancellation Policy, including but without limitation to the size of any refund, shall be final and binding on the Travellers and Locals.

    3. Cancellation Due to Outside Factors
      Certain Experiences may depend on factors outside either party’s control, such as weather. For the safety of our users, if a Typhoon Signal No. 8 or Black Rain Signal is in full effect during the start time of the Experience or is expected to be issued any time during the Experience by the Hong Kong Observatory, the Experience should be cancelled. In the instance of a cancellation of the scheduled Experience due to weather, the Traveller has an option to reschedule the same Experience to another available day or book a different Experience in the same day. If no Experience is conducted on that day and no other Experiences can be rescheduled, the Traveller can, within 6 months after the cancellation, change the Experience date and book unlimited Experiences on that day. The Local will not receive payment of commission for the Experience hours that are cancelled. If there are any other outside factors that may cause a cancellation, the Local or Traveller should notify the Traveller or Local and Locoband immediately. Locoband has the right to decide whether such other outside factors are valid. In the instance of a cancellation of the scheduled Experience due to such other outside factors considered valid by us, the Traveller has an option to reschedule the same Experience to another available day or book a different Experience in the same day. If no no Experience is conducted on that day and no Experience can be rescheduled, the Traveller can, within 6 months after the cancellation, change the Experience date and book unlimited Experiences on that day. The Local will not receive payment of commission for the Experience hours that are cancelled. If we consider such other outside factors are not valid, no refund will be available to the Traveller and the Local will not receive payment of commission for the Experience hours that are cancelled.

  2. Refund Policy
    There may be certain situations (examples listed below) a Traveller may request a refund of the Product they purchased through our Website. We will review each refund request and issue a partial or full refund at our sole discretion. All refund requests must meet all of the following requirements to be eligible for a partial or full refund: (i) The Traveller must submit the refund request in writing to locoband.hk@gmail.com within 24 hours from the intended day of any booked Experiences for reason 1 listed below; or within 24 hours after the date of any Experiences for reasons 2-4 listed below; (ii) the Traveller must not have directly or indirectly caused the reason for a refund (through their action, omission or negligence); and (iii) the Traveller must have used reasonable efforts to try to remedy the circumstances of the reason for a refund prior to making a refund request (and the Traveller must provide evidence of having done so). We reserve the right to ask further questions to clarify the situation before deciding on whether or not to issue a refund of any amount. Situations in which a Traveller may request a refund include, but are not limited to:

    1. The Traveller’s entire trip is cancelled due to external reasons that the Traveller has no control over.

    2. The Local of a particular Experience does not arrive within 20 minutes after the scheduled start time of the Experience.

    3. The Local of a particular Experience is conducted in an outrageously poor and unreasonable way, in our judgment.

    4. During the Experience, conditions do not meet safety or health hazards requirements that would be reasonably expected, given the nature of the particular Experience, in our judgment.

Please note that the Local is only obliged to wait for 20 minutes after the scheduled start time of the Experience. If the Traveller does not arrive within 20 minutes of the scheduled start time of the Experience and the Local can leave or start the Experience with other Travellers, the Traveller will not receive a refund of any sort and is not eligible to reschedule their Experience. All cases of a refund for this situation will be determined on a case-by-case basis. We reserve all rights to decide whether or not to grant the refund and how much to grant at our sole discretion.

  1. Minimum Quality Standards, Local Responsibilities, and Reimbursement to Traveller
    If you are a Local, you are responsible for ensuring that the Experience you provide each Traveller meets minimum quality standards regarding adequacy of the description of the confirmed itinerary, safety, health, and it does not present the Traveller with reason for a refund request. Throughout the Experience, Locals should try, in good faith, to resolve any issues that may arise. If you are a Local, and if Locoband determines that a Traveller is entitled to a refund to a Experience provided by you; and the reason of the refund is related to your performance when conducting any Experiences, you agree to reimburse Locoband up to the commission you receive from that Experience within 30 days of our request. All determinations of Locoband with respect to the Refund Policy, including but without limitation to the size of any refund to the Traveller, shall be final and binding on the Traveller and Local. You also agree that in order for you to reimburse us up to the amount paid by us as a reimbursement to the Traveller, we may off-set or reduce any amounts owed by Locoband to you by this amount. If the Traveller reschedules an alternative Experience that is not led by the you, you lose all commission payment for the booking and you may be responsible for additional costs incurred to reschedule the Traveller to the alternative Experience. If you dispute the refund request, you must notify us in writing at locoband.hk@gmail.com and provide us with information (including evidence) disputing the claims regarding the reason(s) for the refund request, provided you must have used reasonable and good faith efforts to try to remedy the reason(s) for the refund request with the Traveller prior to disputing the refund request (and you must provide evidence of having done so). You agree that all determinations of Lococband with respect to the refund request shall be final and binding on the Traveller and Local regardless of your submission of a dispute against such refund request. In the event of receiving one or more refund requests from Travellers regarding a Local, Locoband, in its sole discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating refund requests, cancelling future bookings, suspending or removing the listing of your Profile or imposing penalties or fees for the administrative burden associated with the refund request.

  2. General Provisions

    1. No Assignment / No Insurance
      This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveller, and the Traveller has not paid any premium in respect of the Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by you.

    2. Modification or Termination
      Locoband reserves the right, at its sole discretion, to modify or terminate this Refund Policy at any time and without prior notice. If we modify this Refund Policy, we will post the modification on the Website and we will continue to process all claims for refund requests made prior to the effective date of the modification.

    3. Entire Agreement
      This Refund Policy constitutes the entire and exclusive understanding and agreement between us and you regarding the Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between us and you regarding the Refund Policy.

 

6. LIMITATION OF LIABILITY (IMPORTANT)

  1. In no event will our aggregated liability arising out of or in connection with these Terms exceed the amount of the price of the Product purchased. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. By posting a profile or booking an outing or otherwise using the site, services as a local or explorer, you are indicating that you have acknowledged, read, understood and agreed to be bound by these terms and conditions.

  2. In no event will this website, our holding companies, subsidiaries, affiliates, officers, directors, representatives, nominees, agents, delegates and/or employees be liable for any loss of profits or any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, in connection with or resulting from (a) this website, (b) these terms and conditions, (c) any breach of these terms and conditions by you or a third party, (d) use of this website, tools or services we provide related to the business we operate on this website by you or any third party and/or (e) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, (6) wilful default or (7) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.

  3. If you are dissatisfied with this website, you do not agree with any part of these Terms, or have any other dispute or claim with or against us or another user of this website with respect to these Terms or this website, then your sole and exclusive remedy against us is to discontinue using this website.

  4. This website, including all content, software, functions, materials and information made available on or accessed through this website, is provided on an “as is” basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever for the content on this website or the materials, information and functions made accessible by the software used on or accessed through this website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this website or any linked website, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation to, non-infringement, operatorability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in this website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components.

  5. You acknowledge and agree that any transmission to and from this website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us and by posting information on this website, including itineraries and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms and conditions.

  6. You acknowledge and agree that you will not hold or seek to hold us responsible for the content provided by any operator or third party and you further acknowledge and agree that we are not a party to any transaction in relation to the services provided by any operator or third party. We have no control over and do not guarantee the safety of any transaction, outings and/or activities or the truth or accuracy of any listing or other content provided by any operator or third party on this website.

 

7. INTERACTION WITH THIRD-PARTIES

This Website may have links to Third Party Websites that are in no way owned or controlled by Locoband. Links to Third Party Websites, their information, product and other materials are not endorsed or recommended by Locoband. Your access of Third Party Websites is at your own risks. You agree that your use of Third Party Websites will comply with the policies of those websites, and in accordance with the Terms.

We have no control over, and assumes no responsibility for any content, products, practices, options, etc. expressed on Third Party Websites. We cannot and will not review, verify, or edit the content of any Third Party Website.

Your interaction with any organization and/or individuals found on the Website, or through contact with the Locals, which include paying for and delivery of goods or services, and any conditions, warranties, and terms related to the arrangements, are solely between you and the organization and/or individuals.

You agree that we will not be responsible or liable for any damage/loss related to your interactions with third party companies/individuals. If there is a dispute between users of this site, or between users and any third party, you understand that Locoband has no obligation to be involved. In the event that you have a dispute with one or more other users or third parties, you agree to release us, our holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

 

8. TERMINATION

The Terms will remain in full force and effect during your use of this Website and the Services. Locoband, at its sole discretion, may suspend or terminate your access to the Services or your membership at any time, for any reason without any warning. We may terminate and suspend any or all Services and any access to this Website without prior notice or liability, if you breach any of these Terms.

Once your account has been terminated, you lose your right to use these Services, access this Website, and any Content may be immediately removed. All provisions of these Terms and Conditions, which should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

If these Terms are terminated for your breach, we reserve the right to cancel any outstanding credit you may have prior to termination, without refund or liability to you.

 

9. Passports, Visa and Insurances

It is the responsibility for all Travellers, regardless of their nationality and destination, to check with the consulate of their destination for current entry requirements.

Since health and visa requirements are subject to change without any notice, we recommend that you verify the necessary visa and health requirements with the relevant consulate prior to arrival in the destination country.

We recommend that you purchase a comprehensive travel insurance policy prior to arrival at your destination.

 

10. WEBSITE AND CONTENT

All Content displayed on this Website (including, but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials) are protected by copyright and/or other intellectual property rights. The Content and this Website are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with these Term.

Your use of this Website implies your consent that the access to this Website and/or Content is non-exclusive, non-transferable and limited license to access this Website in accordance with our Terms. We may, at our sole discretion, and without prior notice to you, amend and remove the content, or change the presentation of this Website.

You agree with all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes any part of this Website or the Content or third party submissions or other proprietary rights not owned by you without prior written consent of the respective owners, or in any way violate any third party rights.

Any Content that is created by Locoband and/or any of its employees, is owned by us. Content that is created by you and submitted to us for promoting our Products and Experiences (including all Content in Profile and Review) is also owned by us. We reserve the right to use any Content in any way we see fit, including, but not limited to publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivatives from it, promoting it, distributing it. As such, you hereby permanently grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use your Content for any purpose. Please note that you also permanently grant the users of the Website and any other media the right to access your Content in connection with their use of the Website and any other media.

You are solely responsible for your Content, and once published, it may not always be withdrawn. You assume any and all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information by you in your Content that makes it identifiable to you. You recognize that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Locoband.

Under no circumstances will Locoband be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available through us.

We reserve the right to remove, screen, edit, or reinstate Content from time to time at our sole discretion for any and all reasons or no reason, and without notice to you. We do not have any obligation to keep or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

We cannot guarantee the identity of any other users with whom you may interact with during your use of this Website. We cannot guarantee the authenticity and accuracy of any content, materials or information, which other users or the Locals may provide. All Content accessed by you on this Website is at your own risk and you will be solely responsible for any damage or loss as a result of your use of this Website.

 

11. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in respect of this Website belong to Locoband or have been licensed to us for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:

  1. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part.

  2. You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.

  3. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice.

 

12.User Conduct

You are solely responsible for all content that you provide, including pictures, images, text, graphics, messages, and all other material for the Website, via email or share such information through use of the Services. Any content that breaks the local and international laws, pornographic material, transmits viruses, infringes on intellectual property, creates a privacy/security risk to others, or disrupts the Service for others is prohibited. You must not provide any false information/identity, advertise/sell goods without permission, and offer any services that you cannot legally provide or have rights to.

Locals and Explorers must not use the Website to solicit users and then complete the booking on other platforms that are competitive to Locoband in any circumstances.

 

13. REPORT OF VIOLATION

Please contact us at locoband.hk@gmail.com to report any violations of these Terms or if you have any questions regarding these Terms.

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