Terms of Service

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

Thank you for using WalCal!

These Terms constitute a legally binding agreement (“Agreement”) between you and WalCal governing your access to your access to user of WalCal services, including any subdomains thereof, and any other websites through which WalCal services available, our mobile, table and smart device applications, and all associated services.

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

Our collection and use of personal information in collection with your access to and use of the WalCal’s is described in your Privacy Policy.

Any and all payment processing services through or in connection with your use of WalCal Platform are provided to you by WalCal Payment entities(“WalCal Payments”) as set out in the Payment Terms of Service(“Payment Terms”). 

Hosts (individuals who provide tour services to guests) alone responsible for identifying, understanding, and complying with all laws, rules, regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their abilities to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host services( Such as preparing food, serving alcohol for sale, guiding tours or operating vehicles). Hosts are responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether (as defined below). Penalties may include fines or other enforcement. if you have questions about how local laws apply to your Listing(s) and Host Service(s) on WalCal, you should always seek legal guidance.

 

1. Scope of WalCal Services

1.1 The WalCal platform is an online marketplace that enables registered users(“Members”) and certain third parties who offer services ( Members and third parties who offer services are “”Hosts” and the services that they offer are “Host Services”) to publish such Host Services on the WalCal platform (“Services”) and to communicate and transact directly with Members that are seeking to book such Host Services(Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use, single or multi-day activities in various categories, access to unique events and locations, and a variety of other travel and non-travel related services.

1.2 As the provider of the WalCal Platform, WalCal does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is WalCal an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. WalCal is not and does not become a party to or other participants in any contractual relationship between Members, nor is WalCal a real estate broker or insurer. WalCal is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, WalCal has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WalCal does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WalCal about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by WalCal of any Host or Listing.

1.4 If you choose to use the WalCal Platform as a Host or Co-Host (as defined below), your relationship with WalCal is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WalCal for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WalCal. WalCal does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5 To promote the WalCal Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WalCal cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WalCal Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The WalCal Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WalCal is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WalCal of such Third-Party Services.

1.7 Due to the nature of the Internet, WalCal cannot guarantee the continuous and uninterrupted availability and accessibility of the WalCal Platform. WalCal may restrict the availability of the WalCal Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WalCal Platform. WalCal may improve, enhance and modify the WalCal Platform and introduce new WalCal Services from time to time.

 

2. Eligibility, Using the WalCal Platform, Member Verification

2.1 In order to access and use the WalCal Platform or register an WalCal Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

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

2.3 WalCal may make access to and use of the WalCal Platform, or certain areas or features of the WalCal Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the WalCal Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the WalCal Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WalCal Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the WalCal Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

3. Modification of these Terms

WalCal reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WalCal Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the WalCal Platform will constitute acceptance of the revised Terms.

 

4. Account Registration

4.1 You must register an account (“WalCal Account“) to access and use certain features of the WalCal Platform, such as publishing or booking a Listing. If you are registering a WalCal Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an WalCal Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“).

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

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

4.5 You are responsible for maintaining the confidentiality and security of your WalCal Account credentials and may not disclose your credentials to any third party. You must immediately notify WalCal if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WalCal Account. You are liable for any and all activities conducted through your WalCal Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 WalCal may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your WalCal Account. For example, we may enable Members to link their WalCal Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by WalCal to ask for your credentials, and you shall not request the credentials of another Member.

 

5. Content

5.1 WalCal may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WalCal Platform (“Member Content“); and (ii) access and view Member Content and any content that WalCal itself makes available on or through the WalCal Platform, including proprietary WalCal content and any content licensed or authorized for use by or through WalCal from a third party (“WalCal Content” and together with Member Content, “Collective Content“).

5.2 The WalCal Platform, WalCal Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the WalCal Platform and WalCal Content, including all associated intellectual property rights, are the exclusive property of WalCal and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WalCal Platform, WalCal Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WalCal used on or in connection with the WalCal Platform and WalCal Content are trademarks or registered trademarks of WalCal in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WalCal Platform, WalCal Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WalCal Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WalCal or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, WalCal grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WalCal Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the WalCal Platform, you grant to WalCal a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WalCal Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, WalCal does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 WalCal may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “Wal-Cal.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the WalCal Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your WalCal Account is terminated or suspended for any reason. You acknowledge and agree that WalCal shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where WalCal is not the exclusive owner of Verified Images, by using such Verified Images on or through the WalCal Platform, you grant to WalCal an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. WalCal in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the WalCal Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the WalCal Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the WalCal Platform or you have all rights, licenses, consents and releases that are necessary to grant to WalCal the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or WalCal’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates WalCal’s Content Policy or any other WalCal policy. WalCal may, without prior notice, remove or disable access to any Member Content that WalCal finds to be in violation of applicable law, these Terms or WalCal’s then-current Policies, or otherwise may be harmful or objectionable to WalCal, its Members, third parties, or property.

5.9 WalCal respects copyright law and expects its Members to do the same. If you believe that any content on the WalCal Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

 

6. Service Fees

6.1 WalCal may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the WalCal Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. WalCal reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to WalCal. The applicable Service Fees (including any applicable Taxes) are collected by WalCal Payments. WalCal Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by WalCal Payments. Except as otherwise provided on the WalCal Platform, Service Fees are non-refundable.

 

7. Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the WalCal Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by WalCal. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. WalCal reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the WalCal Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. 

7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

7.1.7 WalCal recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.

7.1.8 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to WalCal. Experiences, Events or other Host Services must at all times meet the quality standards for Experiences. WalCal reserves the right to decide, in its sole discretion, whether a submitted Experience, Event or other Host Service will be published on the WalCal Platform. Once published, an Experience, Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the WalCal Terms of Service.

7.1.9 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

7.1.10 Once your Experience, Event or other Host Service is published on the WalCal platform, you will have the ability to add dates and times when you offer your Experience through the WalCal Platform. By making your Experience, Event or other Host Service available for a particular date and time on the WalCal Platform (an “Instance”), you agree that only people who book through WalCal can attend that Instance of the Experience, Event or other Host Service. You further agree that you will not allow people to attend any Instance of your Experience, Event or other Host Service available on the WalCal Platform unless that person booked through WalCal (or was added as an additional Guest for a spot booked through the WalCal Platform).

7.1.11 Hosts alone are responsible for the Experiences, Events, or other Host Services that they submit, list and provide. WalCal merely provides the WalCal Services and is not itself an operator or provider of tours, activities, travel services, Experiences, Events or other Host Services. WalCal does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Host Services. WalCal’s responsibilities are limited to making the Listings for Experiences, Events or other Host Services available through the WalCal Platform.

7.1.12 You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

 

Additional Experience Host Responsibilities

7.1.13You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party. 

7.1.14 You must provide your Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by WalCal. Section 7.4 of the WalCal Terms of Service provides additional terms regarding co-hosting.

 

Severability

7.1.15 If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

Updates to these Experience Host Terms

7.1.16 We reserve the right to update, modify or discontinue the Experience Host Terms, at any time. If we modify the Experience Host Terms, we will give you notice and post the modification on the WalCal Site, Application, or Services. By continuing to access or use the Services after the modified Experience Host Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.

 

Survival

7.1.17 Unless you reside in Germany, if you or we terminate the Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive termination of the Experience Host Terms will remain in effect. When the Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.

 

7.2  Co-Hosts

7.2.1 WalCal may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by WalCal. WalCal reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.

7.2.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the WalCal Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.

7.2.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that WalCal (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).

7.2.4 As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.

 

8. Terms specific for Guests

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by WalCal and/or the Host, you can book a Listing available on the WalCal Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your WalCal Account.

8.1.2 Upon receipt of a booking confirmation from WalCal, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. WalCal Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.

8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.

8.1.4 WalCal may enable a Guest who is booking a Listing on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an WalCal Account prior to making a payment. 

 

8.2 Booking Experiences, Events and other Host Services

8.2.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

8.2.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.2.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the WalCal Platform.

 

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the WalCal Platform or direct WalCal customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

9.2 Guests can cancel only cancel a booking before the Host confirms. Guests may contact with the Host to request a cancellation and yet in such case the Host has the ability to decide to accept the request.

9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, WalCal may allow the Guest to apply the refund to a new booking, in which case WalCal Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, WalCal may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, WalCal may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to WalCal’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.

9.4 If weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.

9.5 In certain circumstances, WalCal may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in WalCal’s Extenuating Circumstances Policy or (i) where WalCal believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to WalCal, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Guest who books an Experience, Event or other Host Service suffers a Travel Issue as defined in the Guest Refund Policy, WalCal may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Experiences Guest Refund Policy.

9.7 If a Guest or WalCal cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund PolicyExtenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, WalCal Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.

 

10. Disputes between Members

10.1 If Experiences or Events take place in a Host’s house, store, or facility, a guest is responsible for leaving any personal or property in the condition it was in when you arrived. You are responsible for your own acts and omissions.

10.2 If a Host claims and provides evidence that you as a Guest have damaged any personal or other property at the Host’s house, store, or facility, the Host can seek payment from you through Resolution Center. In such case, WalCal does not nor will not cover the damage. You as a Guest will be given an opportunity to respond to the damage claim.  If you agree to pay the Host, or WalCal determines in its sole discretion that you are responsible for the Damage Claim, WalCal via WalCal Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. WalCal also reserves the right to otherwise collect payment from you and pursue any remedies available to WalCal in this regard in situations in which you are responsible for a Damage Claim.

10.3 Members agree to cooperate with and assist WalCal in good faith, and to provide WalCal with such information and take such actions as may be reasonably requested by WalCal, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the WalCal Host Guarantee or Japan Host Insurance), (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon WalCal’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by WalCal or a third party selected by WalCal or its insurer, with respect to losses for which a Member is requesting payment from WalCal (including but not limited to payments under the WalCal Host Guarantee or payment under Japan Host Insurance).

10.4 If you are a Guest or a Co-Host, you understand and agree that WalCal may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host (including without limitation amounts paid by WalCal under the WalCal Host Guarantee or amounts paid under Japan Host Insurance). You agree to cooperate with and assist WalCal in good faith, and to provide WalCal with such information as may be reasonably requested by WalCal, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as WalCal may reasonably request to assist WalCal in accomplishing the foregoing.

 

11. Rounding off

WalCal generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where WalCal’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, WalCal may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, WalCal may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

 

12. Taxes

12.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

12.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

12.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).

12.4 In certain jurisdictions, WalCal may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms (“Collection and Remittance“) if such jurisdiction asserts WalCal or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize WalCal (via WalCal Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions, WalCal may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing WalCal about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. WalCal does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by WalCal will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where WalCal is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by WalCal relating to their Accommodations in that jurisdiction.

12.5 You agree that any claim or cause of action relating to WalCal’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by WalCal in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by WalCal from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

13. Prohibited Activities

13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WalCal Platform. In connection with your use of the WalCal Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Policies.
  • use the WalCal Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WalCal endorsement, partnership or otherwise misleads others as to your affiliation with WalCal;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the WalCal Platform in any way that is inconsistent with WalCal’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the WalCal Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • unless WalCal explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
  • contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the WalCal Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the WalCal Platform to request, make or accept a booking independent of the WalCal Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the WalCal Platform or WalCal Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WalCal harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • use, display, mirror or frame the WalCal Platform or Collective Content, or any individual element within the WalCal Platform, WalCal’s name, any WalCal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without WalCal’s express written consent;
  • dilute, tarnish or otherwise harm the WalCal brand in any way, including through unauthorized use of Collective Content, registering and/or using WalCal or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WalCal domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WalCal Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WalCal or any of WalCal’s providers or any other third party to protect the WalCal Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WalCal Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WalCal Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

 

13.2 You acknowledge that WalCal has no obligation to monitor the access to or use of the WalCal Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the WalCal Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist WalCal in good faith, and to provide WalCal with such information and take such actions as may be reasonably requested by WalCal with respect to any investigation undertaken by WalCal or a representative of WalCal regarding the use or abuse of the WalCal Platform.

13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WalCal by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

14. Term and Termination, Suspension and other Measures

14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or WalCal terminate the Agreement in accordance with this provision.

14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your WalCal Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your WalCal Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

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

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

14.5 In addition, WalCal may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, and our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the WalCal Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or WalCal otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) WalCal believes in good faith that such action is reasonably necessary to protect the personal safety or property of WalCal, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the WalCal Platform;
  • temporarily or permanently revoke any special status associated with your WalCal Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your WalCal Account and stop providing access to the WalCal Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by WalCal and an opportunity to resolve the issue to WalCal’s reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

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

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

 

15. Disclaimers

If you choose to use the WalCal Platform or Collective Content, you do so voluntarily and at your sole risk. The WalCal Platform and Collective Content is provided as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the WalCal Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by WalCal relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless WalCal from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

17. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the WalCal Platform and Collective Content, your publishing or booking of any Listing via the WalCal Platform, your stay at any participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither WalCal nor any other party involved in creating, producing, or delivering the WalCal Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the WalCal Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the WalCal Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listings Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WalCal has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the WalCal Host Guarantee or WalCal Host Insurance, in no event will WalCals aggregate liability arising out of or in connection with these Terms and your use of the WalCal Platform including, but not limited to, from your publishing or booking of any Listings via the WalCal Platform, or from the use of or inability to use the WalCal Platform or Collective Content and in connection with any Experiences, Event,other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the WalCal Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by WalCal to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between WalCal and you. 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. If you reside outside of the U.S., this does not affect WalCals liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at WalCal’s option), indemnify, and hold WalCal and its affiliates and subsidiaries, including but not limited to, WalCal Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the WalCal Platform or any WalCal Services, (iii) your interaction with any Member, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) WalCal’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

 

19. General Provisions

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

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

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

19.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

19.5 WalCal’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without WalCal’s prior written consent. WalCal may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

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

19.8 If you have any questions about these Terms please email us at support(@)wal-cal.com

 

20. General Provisions

20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between WalCal Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WalCal Payments and you regarding the Payment Services.

20.2 No joint venture, partnership, employment, or agency relationship exists between you or WalCal Payments as a result of this Agreement or your use of the Payment Services.

20.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

20.4 WalCal Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

20.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without WalCal Payments’ prior written consent. WalCal Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’. Your right to terminate this Agreement at any time remains unaffected.

20.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

20.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by WalCal Payments via email, WalCal Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of EEA, the date of receipt will be deemed the date on which WalCal transmits the notice.

20.8 If you are contracting with WalCal Payments Luxembourg, this Agreement is concluded in the language as applied by the WalCal Terms of Service and all communication undertaken during this contractual relationship shall be made in that language.