Welcome to Sam the Local!
Please read these Terms and Conditions (these “Terms and Conditions”) carefully before using this website www.SamtheLocal.com (this “Website”) and the services offered by Sam the Local Limited (“Sam the Local”, “We”, “us”, “our”, “Company”) or through this Website (the “Services”). “You” and “your” when used in these Terms and Conditions includes any person who accesses this Website.
“Terms and Conditions”: legal rights and obligations for the use of this Website
“Services”: services offered by Sam the Local Limited through the website
“Local”: individual who has experience and extensive knowledge of a particular destination or activity
“Explorer”: individual who is looking for experience and knowledge of particular destinations or activities
“Profile”: information about the Local’s background, knowledge and experience
“Member”: those persons who are subscribed to the Website
“Outing”: customized experience that the Local takes the Explorer on
“Outing Fee”: amount due to be paid by the Explorer for the Outing, less any service charges
“Explorer Service Charge”: non-refundable fee of ten percent (10%) of the applicable Outing Fee charged to the Explorer for each booking
“Local Service Charge”: non-refundable fee of ten to twenty percent (20%) deducted from the Local’s applicable Outing Fee for each booking
“Total Fee”: Outing Fee plus the Sam the Local Service Charge
“Cancellation Fee”: amount charged to the Local for a cancellation
“Outside Factors”: external factors, such as weather, that may impact an Outing
“Third party websites”: websites that are not owned by www.SamtheLocal.com
“Content”: text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials on the Website
1. Your Agreement
By visiting this Website and/or using the Services in any manner, you agree that you have read and agreed to be bound by these Terms and Conditions. If you do not unconditionally agree with all parts of these Terms and Conditions, you have no right to use this Website and/or the Services. The use of this Website and/or the Services is wholly conditional upon your agreement to all of these Terms and Conditions.
2. Changes of Terms and Conditions
We reserve the right to change or modify any part of these Terms and Conditions 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 and Conditions to which you are bound. In the event that we change or modify these Terms and Conditions, we will post the changes or modifications of these Terms and Conditions on this page and will indicate at the bottom of this page the date these Terms and Conditions were last revised. Additionally, our Locals (as defined above) and anybody else who has opted-in to our newsletter will receive an email about the changes or modifications to the Terms and Conditions.
Your continued use of this Website after any such change or modifications constitutes your acceptance of the revised Terms and Conditions. If you do not agree to abide by the revised Terms and Conditions, 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 and Conditions, it is your responsibility to regularly check this Website to ascertain if there are any changes or modifications.
3. Accessing and Using the Service
- Description of the Services
Sam the Local is an online marketplace that connects Locals who have experience and extensive knowledge of a particular destination or activity with Explorers who are looking to find such experience and knowledge related to such destinations or activities. Through the Services, Locals will individually have Profiles that provide information about the Local’s background, knowledge and experience, and may make themselves available to offer additional assistance to Explorers at a particular destination (each such service, an Outing). Explorers will select Locals (or may request that Sam the Local attempt to connect them to a Local) to provide the Explorer with an Outing that is customized to what the Explorer wants to experience.
- Platform Nature of the Services
Sam the Local makes available an online platform for Locals and Explorers to connect online and arrange for Outings. Sam the Local is NOT an operator of tours, activities, or Outings, nor is it a provider of tours or activities, and Sam the Local does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Sam the Local’s responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent for each Local for the purpose of accepting payments of Outing Fees from Explorer on behalf of the Local. You understand and agree that Sam the Local is not a part of any agreement entered between Locals and Explorers, nor is Sam the Local an agent or insurer. The Services are intended to be used to facilitate the connections between Locals and Explorers. We cannot and do not control the content contained in any Profiles and the conditions, legality or suitability of any Outings. Sam the Local has no control over the conduct of Locals, Explorers and other users of the Services or any Outing. Sam the Local disclaims all liability in this regard. Accordingly, the planning or participation in any Outing is at the Local’s and/or Explorer’s own risk.
- Modification to the Services
Sam the Local reserves 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 Sam the Local will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- Locals’ Obligations
As a Local, you will create a Profile that showcases your background, knowledge, experience, and activities you can lead, and the type of Outing you can help Explorers plan. Profiles will be made publicly available via the Services, and other Members 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 Outings at your request or invitation, excluding the Explorers (and the individuals invited by the Explorers to the Outing, if applicable). You understand and agree that Sam the Local does not act as an insurer or as a contracting agent or in any similar capacity for you as a Local. If an Explorer requests your expertise for an Outing and participates in your Outing, any agreement you enter into with such Explorer is between you and the Explorer, and Sam the Local serves as your limited authorized agent for the purpose of accepting payments of Outing Fees from Explorers on your behalf, and is responsible for transmitting such payments to you, subject to these Terms and Conditions. You represent and warrant that your Profile and your planning of and/or guidance on any Outing:
- 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)
- Will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to such Outings, including, but not limited to, tourism, tour guide licensing laws, and other law governing events and tours of public spaces and other venues, and
- Will not conflict with the rights of third parties.
Please note that Sam the Local assumes no responsibility for any Local’s or Explorer’s compliance with any applicable law, rules and regulations. Sam the Local reserves the right, at any time and without prior notice, to remove, block or disable access to any Profile for any reason, including Profiles that Sam the Local, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Services.
Sam the Local strongly recommends that Locals and Explorers each obtain appropriate insurance for their Outings. Please carefully review any and all insurance policies that you may have before booking your Outing; 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 Explorers (and the individuals invited by the Explorer to the Outing, if applicable) while participating in your Outing.
- No Endorsement
Sam the Local does not endorse any Outings planned by Locals. Additionally, these Terms and Conditions 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 Sam the Local with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings or Outings made by you.
4. Condition of Use – Payment/Fee
- Locals – Bookings and fees
- As a Local, if an Explorer has an enquiry about your Profile, you must respond to each enquiry at your earliest convenience. If we do not receive a response within 24 hours of when you received the enquiry, you will be deemed uninterested in this booking and the Explorer will be advised to choose another Local. If an Explorer requests to book you, you must confirm or reject the booking at your earliest convenience. If we do not receive a response from you regarding this booking request within 24 hours of when you received the request, the request will be cancelled.
- After the payment has been made by the Explorer, contact information will be exchanged for both parties to start discussing the itinerary. The Local then proposes an Outing itinerary after which the Explorer and the Local should continue to communicate to finalize the itinerary. Once the itinerary is finalized, it must be sent to Sam the Local and the Local will confirm the meeting point with the Explorer. Except where there is a refund or dispute in progress, Sam the Local will release the payment for the Outing Fees (minus the non-refundable Local Service Charge of twenty percent (20%)) to the Local within 2-3 business days or at the end of the month (depending on the payment method chosen by the Local) after the Local and Explorer have met and completed the Outing, We will inform the Local in the case that a refund or dispute is in progress. Please be aware that after Sam the Local releases payment, the time the Local receives final payment will be dependent on the bank processing times, currency, etc. Sam the Local shall not take any responsibility for any delay in payment.
- Locals are responsible for estimating and calculating the costs of the Outing that are outside of the Outing Fees, and must inform the Explorer of any booking information and liaise with the Explorer on any items that may need advanced booking or arrangement.
- Locals must arrange payment with the Explorers directly in person during the Outing for any itineraries that include a third-party. Locals and Explorers need to be aware that Sam the Local is not liable for cancellation, payment, or any other issues relating to arrangement of third-party vendors for the Outings.
- Each Local hereby appoints Sam the Local as the Local’s limited agent solely for the purpose of collecting payment of Outing Fees from the Explorer to the Local, as if the Local has received payment directly from the Explorer, and the Local must provide the Outing to the Explorer as agreed upon by them. Sam the Local accepts the appointment as the Local’s limited agent and it assumes no liability for any acts or omissions made by the Local.
- Please note that Sam the Local does not currently charge for the creation of a Profile. However, you acknowledge and agree that Sam the Local, at its sole discretion, may charge you for and collect the fees for the creation of Profiles at a later time. Sam the Local will notify impacted users via email and updates to this Website prior to implementing these fees.
- The minimum fee the Local must charge per hour for each Outing is $200 HKD, exclusive of Local Service Charge.
- Explorers – Bookings and Fees
- Explorers should contact Sam the Local at firstname.lastname@example.org if they have questions about the Locals or any specific request of the Local they would like to book. To make a booking, the Explorer will select the details of the Outing (date, time, duration, and persons) and authorize the payment of the Total Fee (as defined above), which is comprised of the Outing Fee (as defined above) and the non-refundable Explorer Service Charge (as defined above). After confirmation by Sam the Local of the Local’s availability and the acceptance of the booking request by the Local, the payment will be processed and the booking will be confirmed. Please note that the Local has 24 hours to accept an Explorer’s booking request.
- After the processing of the Total Fee and confirmation of the Outing, contact information will be exchanged for both parties to start discussion of the itinerary. The Local then proposes an Outing itinerary after which the Explorer and the Local should continue to communicate to finalize the itinerary. Once the itinerary is finalized, the Explorer will receive an email confirmation from Sam the Local with the finalized itinerary for the Outing and a confirmed meeting point to meet the Local.
- 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 Sam the Local 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.
- Adding Additional Hours
In the event that the Explorer would like to extend the Outing (and the Local is available) while the Outing is already taking place, the Local should send an email as soon as possible (no later than 12 hours after the end of the extended Outing) to email@example.com indicating the following:
- Name of the Explorer
- Date of the Outing
- Original time and duration of the Outing
- Additional time requested.
Sam the Local will then send an additional invoice to the Explorer, which is payable by the Explorer immediately.
5. Cancellation and Refunds
- Cancellation Policies
- Explorer Cancellation Policy (Explorer cancels Outing)
In the event that an Explorer needs to cancel the Outing, a partial or full refund may be issued in the following situations:
- The itinerary for the Outing has been confirmed between the Local and Explorer, and it is 24 hours or more before the start of the Outing – The Explorer will receive a 70% refund of the Outing Fee, not including the Local Service Charge. The Local will receive 30% of the Outing Fee, minus 20% of that amount for the Local Service Charge.
- The itinerary for the Outing has been confirmed between the Local and Explorer, and it is less than 24 hours before the start of the Outing – The Explorer will lose the complete amount of the Total Fee. The Local will still receive 100% of the Outing Fee, minus the Local Service Charge of 20%.
- The itinerary for the Outing has not been confirmed between the Local and Explorer, and it is 24 hours or more before the start of the Outing – The Explorer will receive a full refund of the Outing fee, not including the Local Service Charge. The Local will not receive any payment from this transaction.
- The itinerary for the Outing has not been confirmed between the Local and Explorer, and it is less than 24 hours before the start of the Outing – The Explorer will lose the complete amount of the Total Fee. The Local will still receive 100% of the Outing Fee, minus the Local Service Charge of 20%.
- Local Cancellation Policy (Local cancels Outing)
In the event that a Local needs to cancel the Outing, a Cancellation Fee will be charged at the following rates –
- 24 hours or more before the start of the Outing – $500HKD Cancellation Fee
- Less than 24 hours before the start of the Outing – $750HKD Cancellation Fee
- All Cancellation Fees charged to a Local for the cancellation of an Outing is due to Sam the Local within 7 business days.
- 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 firstname.lastname@example.org 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 Outing, the Explorer will have the option of booking an alternative Outing with another Local or receiving a full refund of the Outing Fee, not including the Local Service Charge. Please note that if the alternative Outing is of a higher price than the former, the Explorer will be responsible to pay for any difference in price. If the alternative Outing is of a lower price, the Explorer may be entitled to a partial refund for the difference. Please note that there may be an additional Service Charge for rebooking. All determinations from Sam the Local with respect to the Cancellation Policy, including but without limitation to the size of any refund, shall be final and binding on the Explorers and Locals.
- Cancellation Due to Outside Factors
Certain Outings 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 Outing or is expected to be issued any time during the Outing by the Hong Kong Observatory, the Outing should be cancelled and the Local should notify the Explorer and Sam the Local immediately. In the instance of a cancellation of the scheduled Outing due to weather, the Local and Explorer should make their best effort to reschedule the Outing. If the Outing cannot be rescheduled, a full refund will be issued to the Explorer, not including the Local Service Charge, and the Local will not receive payment of the Outing Fee. If there are any other outside factors that may cause a cancellation, the Local or Explorer should notify the Explorer or Local and Sam the Local immediately. The Local and Explorer should make their best efforts to reschedule the Outing or exhaust all alternative means to carry out the Outing. If the Outing cannot be rescheduled or an alternative mean cannot be agreed upon the Local and Explorer, a partial or full refund may be issued at the sole discretion of Sam the Local, not including the Explorer Service Charge, and the Local may not receive payment of the Outing Fee.
- Explorer Cancellation Policy (Explorer cancels Outing)
- Refund Policy
Although it is our pledge to try our best to provide the best Outing to our Explorers and Locals, there may be certain situations (examples listed below) an Explorer may request a refund of the Outing Fee they paid through our Website. Sam the Local will review each refund request and issue a partial or full refund at our sole discretion, not including the Explorer Service Charge. All refund requests must meet all of the following requirements to be eligible for a partial or full refund: (i) The Explorer must submit the refund request in writing to email@example.com within 24 hours from the intended start of the mentioned Outing; (ii) the Explorer must not have directly or indirectly caused the reason for a refund (through their action, omission or negligence); and (iii) the Explorer must have used reasonable efforts to try to remedy the circumstances of the reason for a refund with the Local prior to making a refund request (and the Explorer must provide evidence of having done so). Sam the Local reserves 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 an Explorer may request a refund include, but are not limited to:
- The Local does not arrive within 20 minutes after the scheduled start time of the Outing.
- The Local does not provide an Outing that is sensitive to the capability or requirements of the Explorer (e.g. going on a high difficulty hike that is beyond the physical capability of the Explorer, going to a restaurant that only serves meat with a vegetarian Explorer if the Local is aware that Explorer is a vegetarian, etc.)
- The confirmed itinerary is materially inaccurate and changes to the confirmed itinerary were not mutually agreed upon with respect to
- The duration of the Outing
- The content of the Outing
- The physical location of the Outing
- During the Outing, conditions do not meet safety or health hazards requirements that would be reasonably expected, given the nature of the particular Outing, in Sam the Local’s judgment.
Please note that the Local is only obliged to wait for 20 minutes after the scheduled start time of the Outing. If the Explorer does not arrive within 20 minutes of the scheduled start time of the Outing and the Local leaves, the Explorer will not receive a refund of any sort and is not eligible to reschedule their Outing without additional payment of the Total Fees. If there is an extenuating circumstance, the Explorer must contact Sam the Local at firstname.lastname@example.org within 24 hours of the scheduled start time of the Outing. All cases of a refund for this situation will be determined on a case-by-case basis. Sam the Local reserves all rights to decide whether or not to grant the refund at our sole discretion.
- Minimum Quality Standards, Guide Responsibilities, and Reimbursement to Explorer
If you are a Local, you are responsible for ensuring that the Outing you provide each Explorer meets minimum quality standards regarding adequacy of the description of the confirmed itinerary, safety, health, and it does not present the Explorer with reason for a refund request. Throughout the Outing, Locals should try, in good faith, to resolve any issues that may arise. If you are a Local, and if Sam the Local
- Determines that an Explorer is entitled to a refund to an Outing provided by you; and
- Either reimburse that Explorer any amount up to the amount paid by the Explorer through the Website for the Outing or provide an alternative Outing to the Explorer, you agree to reimburse Sam the Local up to the amount paid by Sam the Local within 30 days of Sam the Local’s request. All determinations of Sam the Local with respect to the Refund Policy, including but without limitation to the size of any refund to the Explorer, shall be final and binding on the Explorer and Local. You also agree that in order for you to reimburse Sam the Local up to the amount paid by Sam the Local as a reimbursement to the Explorer, Sam the Local may off-set or reduce any amounts owed by Sam the Local to you by this amount. If the Explorer is rescheduled to an alternative Outing, you may lose part or all of the Outing Fee payment for the booking and you may be responsible for additional costs incurred to reschedule the Explorer to the alternative Outing. If you dispute the refund request, you must notify us in writing at email@example.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 Explorer prior to disputing the refund request (and you must provide evidence of having done so). You agree that all determinations of Sam the Local with respect to the refund request shall be final and binding on the Explorer and Local regardless of your submission of a dispute against such refund request. In the event of receiving one or more refund requests from Explorers regarding a Local, Sam the Local, 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, canceling future bookings, suspending or removing the listing of your Profile or imposing penalties or fees for the administrative burden associated with the refund request.
- General Provisions
- 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 Explorer, and the Explorer 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.
- Modification or Termination
Sam the Local reserves the right, at its sole discretion, to modify or terminate this Refund Policy at any time and without prior notice. If Sam the Local modifies this Refund Policy, we will post the modification on the Website or provide you with notice of the modification and Sam the Local will continue to process all claims for refund requests made prior to the effective date of the modification.
- Entire Agreement and Definitions
This Refund Policy constitutes the entire and exclusive understanding and agreement between Sam the Local and you regarding the Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Sam the Local and you regarding the Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Sam the Local Terms and Conditions. IN NO EVENT WILL SAM THE LOCAL’S AGGREGATED LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SAM THE LOCAL POLICY TERMS EXCEED THE AMOUNT OF THE OUTING FEES COLLECTED BY SAM THE LOCAL FROM THE EXPLORER THROUGH THE WEBSITE. 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 POLICY TERMS.
- No Assignment / No Insurance
6. Limitation of Liability
- IN NO EVENT WILL SAM THE LOCAL’S AGGREGATED LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SAM THE LOCAL TERMS AND CONDITIONS EXCEED THE AMOUNT OF THE OUTING FEES COLLECTED BY SAM THE LOCAL FROM THE EXPLORER THROUGH THE WEBSITE. 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.
- 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.
- IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITION, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THIS WEBSITE WITH RESPECT TO THESE TERMS AND CONDITIONS OR THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THIS WEBSITE. IN ALL EVENTS, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF SAM THE LOCAL, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS LIMITED TO THE AMOUNT PAID TO THE WEBSITE FOR THE SPECIFIC OUTING.
- 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.
- 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.
- 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 Sam the Local. Links to Third Party Websites, their information, product and other materials are not endorsed or recommended by Sam the Local.
Your access of Third Party Websites is at your own risks. You hereby represent and warrant that your use of Third Party Websites will comply with the policies of those websites, and in accordance with the Sam the Local Terms and Conditions.
Sam the Local has no control over, and assumes no responsibility for any content, products, practices, options, etc. expressed on Third Party Websites. Sam the Local cannot and will not review, verify, or edit the content of any Third Party Website. By using and engaging in the Outings, you relieve Sam the Local of any and all liability due to your use of Third Party Websites.
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 should investigate and review the interaction with third parties as you deem necessary and appropriate before making any online or offline transactions or before sharing any personal information.
You agree that Sam the Local 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 Sam the Local has no obligation to be involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Sam the Local, its 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.
The Terms and Conditions will remain in full force and effect during your use of this Website and the Services. Sam the Local, 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. Sam the Local 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 and Conditions.
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 and Conditions are terminated for your breach, Sam the Local reserves 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 Explorers, 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, Sam the Local recommends that you verify the necessary visa and health requirements with the relevant consulate prior to arrival in the destination country.
Sam the Local highly recommends 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) (the “Content”) 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 Terms and Conditions.
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 and Conditions. Sam the Local may, at our sole discretion, and without prior notice to you, amend and remove the content, or change the presentation of this Website.
You shall 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.
Ownership of the Content depends on who generated the Content. Any Content that is created by Sam the Local and/or any of its employees, is owned by Sam the Local. Content that is created by you is owned by you. Although the Content created by you is owned by you, Sam the Local reserves 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 Sam the Local.
Under no circumstances will Sam the Local 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 this Company.
Content not owned by Sam the Local does not necessarily reflect the opinion(s) of Sam the Local. 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.
Sam the Local cannot guarantee the identity of any other users with whom you may interact with during your use of this Website. Sam the Local 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.
The Website is controlled, operated, and administered in Hong Kong and Sam the Local makes no guarantees that the information is appropriate for use outside of Hong Kong. Sam the Local and the Website make no guarantees as to the accessibility of the Website outside of Hong Kong. Access to the information on the Website in locations in which the contents are illegal is prohibited. You may not use the Website or the Content in a manner that violates Hong Kong laws. If you access the Website outside of Hong Kong, you are responsible for ensuring that your access complies with local laws.
11. Intellectual Property Rights
All intellectual property rights in respect of this Website belong to Sam the Local or have been licensed to Sam the Local 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:
- 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.
- 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.
- You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Sam the Local or from the copyright holder identified in such Content’s copyright notice.
12. Governing Law
These Terms and Conditions shall be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China. You agree to submit to the non-exclusive jurisdiction of the Hong Kong court.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Sam the Local cannot and does not offer tax-related advice to any users of the Services. Additionally, please note that each Local is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes within itineraries.
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. You may not contact a Local for purposes outside of planning for an Outing. You may not contact an Explorer for purposes outside of arranging an Outing.
Locals and Explorers must not use the Service to solicit users and then complete the booking on other platforms that are competitive to Sam the Local, without Sam the Local’s prior written permission.
Please contact us at firstname.lastname@example.org to report any violations of these Terms and Conditions or if you have any questions regarding these Terms and Conditions or the Service.
At Sam the Local Limited (“Sam the Local”, “We”, “us”, “our”), protecting and respecting your personal data privacy and complying with data protection principles and provisions under the Personal Data (Privacy) Ordinance (the “Ordinance”) is a top priority.
For the purposes of the Personal Data (Privacy) Ordinance, the data controller is Sam the Local Limited of 23/F, Island Beverley, 1 Great George Street, Causeway Bay, Hong Kong. Our nominated representative for the purpose of this Ordinance is Maggie Lau.
Collection of Information
We may collect Personal Information about you that you provide to us while using this Website and information on how you use this Website including when you visit this Website, make reservation with a Local, or use of any of the intended Services.
- Bookings for the Services or Using the Services
When you visit this Website to make reservations for any intended Services or use the Services, we may collect and process certain information (which may contain your Personal Information or may contain non-personally identifiable information but nevertheless linked to your Personal Information) including but not limited to those set out below:
- Copies of correspondence (whether by email, instant or personal messaging or otherwise) between an Explorer and a Local and an Explorer/Local and us.
- Details of your usage of this Website (including traffic data, geographical data, and session lengths).
- Feedback data on and responses to surveys conducted by Sam the Local relating to the Services and newsletters which may be published, circulated or distributed by Sam the Local.
- Information automatically collected and stored in our server by using or accessing this Website (including your computer’s Internet Protocol (IP) address, browser type, browser information, your login information, time zone setting, operating systems and platforms, pages visited, previous or subsequent sites visited).
Storage of Information
We only store Personal Information for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
The Personal Information and other data we collect from you may be transferred to, processed, and stored in our secure servers.
After receiving your information, we will do our best and use all reasonable endeavors to try to prevent unauthorized access. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted at our site; any transmission is at your own risk. We do not give any representation of guarantee or warranty that the Personal Information you provide to us will be secure at all times. To the extent Sam the Local has fulfilled its obligations, under no circumstances shall Sam the Local be responsible for any losses, damages, costs and expenses that you may suffer or incur from unauthorized access to or use of your Personal Information.
All payment transactions completed by us will be encrypted using online encryption technology. You are solely responsible for keeping your chosen password confidential and not to share your password with any third party.
Usage of Information
Sam the Local will not sell or rent your Personal Information to any third parties.
We will use Personal Information and other data collected through this Website or when making purchases for the Services to administer your use of the Services, to continually improve this Website and the Services, and to contact you in relations to the Services.
The reason for the use of your Personal Information or other data is to ensure quicker transactions, improved customer feedback, and notice of new features and offers.
Occasionally, we may also use your Personal Information to request your feedback on this Website, to help improve the Website, offer special promotions, for those cases in which you consent to receiving our communications. If you would not like to receive information regarding special promotions, or would like to opt-out from receiving such information, you may select the hyperlink provided in these communications.
Disclosure of Information
Occasionally, we may disclose your Personal Information and other third parties, and some of them may be outside of your home country. The situations in which we may disclose the information will include, but without limitation to the following:
- To our third party providers, such as Google Analytics, which we work with to ensure the performance of certain features on your behalf, that include web hosting, data analysis, marketing, market research, and customer service.
- If required by applicable law, court orders or requests by government authorities to make these disclosures.
- If there will be a corporate transaction, that is related to the sale, merger, acquisition or company reorganization or reconstruction to our company, your Personal Information may be disclosed, or transferred to the new entity in control or the authorized third party that will be managing the business.
- To the company’s advisors, agencies, or others in connection with the operations of Sam the Local.
- Our overseas offices, affiliates, business partners, suppliers and sub-contractors and counterparts for the performance of any contract we enter into with you (if any).
- In other cases, to other third parties with your prior written consent.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Our website uses Google Analytics, a web traffic analysis service provided by Google Inc. (“Google”). Please refer to http://www.google.com/policies/privacy/partners to find out more about how Google uses data when you use our website and how to control the information sent to Google.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Furthermore, you can prevent Google’s collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in.
Links to Other Website
With your consent, we may post your testimonial on the Website along with your name. If you want your testimonial removed, please contact us at email@example.com.
Data Access and Correction
You may obtain or correct your Personal Information by sending your request via email to firstname.lastname@example.org. When handling your request, we have the right to verify the identity of the requester to ensure that he/she has the right to make the requested changes. A data protection log book will be kept as required by the Ordinance.
Governing law and jurisdiction
Last updated: September 30, 2015