Updated on October 27, 2017
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Fugocity (as defined below) governing your access to and use of the Fugocity website, including any subdomains thereof, and any other websites through which Fugocity makes the Fugocity Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Fugocity Services"). The Site, Application and Fugocity Services together are hereinafter collectively referred to as the “Fugocity Platform
When these Terms mention “Fugocity,” “we,” “us,” or “our,” it refers to the Fugocity company you are contracting with.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability 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 preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. Host are alone 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. 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 Fugocity, you should always seek legal guidance.
The Fugocity 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 they offer are “Host Services”) to publish such Host Services on the Fugocity Platform (“Listings”) 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 single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
As the provider of the Fugocity Platform, Fugocity does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. 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. Fugocity is not and does not become a party to or other participant in any contractual relationship between Members, nor is Fugocity a real estate broker or insurer. Fugocity is not acting as an agent in any capacity for any Member.
While we may help facilitate the resolution of disputes, Fugocity 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. Fugocity does not endorse any Member, Listing or Host Services. You should always exercise due diligence and care when deciding whether to 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. If you choose to use the Fugocity Platform as a Host or Co-Host (as defined below), your relationship with Fugocity is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Fugocity 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 Fugocity.
To list an Experience, Event or other Host Service, you must create a Listing.
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.).
You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s).
You must provide an 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 Fugocity.
You can book a Listing available on the Fugocity Platform by following the respective booking process. All applicable fees, including the Listing Fee, 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 relating to your Fugocity Account.
Upon receipt of a booking confirmation from Fugocity, 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. Fugocity Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation.
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.
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. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely 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.
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 Fugocity Platform.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Fugocity may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Fugocity 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 or has legitimate concerns about the Guest’s behavior.
For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Fugocity will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
12.1 Fugocity may, in its sole discretion, round up or round down 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, Fugocity will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
IRS regulation, regarding federal tax reporting requirements, stipulates that Fugocity must collect IRS Form W-9 from all Cooks hosting in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Fugocity cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Cook is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Meals. Where applicable, or based upon request from a Cook, Fugocity may issue a valid VAT invoice to such Cook.