Terms & Conditions
PLEASE READ THE LIZZYKNOWS TERMS & CONDITIONS WITH ATTENTION FOR YOUR OWN BENEFIT AND / OR LEGAL RIGHTS.
Last Updated: 21 APRIL 2016
LIZZYKNOWS provides an online platform that connects locals offering a service or a product (Hereafter named host) for clients who obtain an experience (hereafter named client), which services or products are accessible at lizzyknows.com. If you book an experience and can't make it you can change your booked experience to another day. We don't give refunds as we really think it is a pity you can't join one of our experiences. Hope to see you soon!
"LIZZYKNOWS content" means all content that LIZZYKNOWS makes available through the site, services, or its related promotional campaigns and official social media channels, including any content licensed from a third party, but excluding member content.
"Collective Content" means Member Content and LIZZYKNOWS Content.
Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Client" means a Member who undergoes an experience from a Host after booking it via LIZZYKNOWS.COM. Since all listings can be experienced by more persons then the person who books the specific experience, we hereafter qualify both booking person (for a group) as group participant as client.
"Host" means a Member who offers an experience via the site and delivers a service or product to a Client.
"Experiences" means an service or product that is listed by a Host as available as an experience via the Site, Application, and Services.
"Member" means a person who completes LIZZYKNOWS's account registration process, including but not limited to Hosts and Clients, as described under "Account Registration" below.
"Member Content" means all content that a member posts, uploads, publishes, submits, transmits, or includes in their listing, member profile or LIZZYKNOWS promotional campaign to be made available through the site or services.
"VAT" or "Taxes" means Value Added Taxes (In the Netherlands BTW) and are included in all prices listed. Both Host and LIZZYKNOWS are obliged to pay BTW to Dutch Tax Authorities. Tax redemption will never be granted by LIZZYKNOWS, other then general rules regarding taxes may change.
Article 1: In good faith
On this website we publish information about services and products. We publish this information with utmost care and in good faith. Nevertheless it may occur that an error or a mistake has been published. Obvious errors or mistakes on our website are not binding on us and no rights can be derived from this.
LIZZYKNOWS cannot be held responsible for any direct and/or indirect damage as a consequence or relating to the use of this website.
Article 2: Happy Weather
LIZZYKNOWS can create a lot, however we have no influence to the weather at all. Cancellation because off bad weather is not accepted by host nor client. In those circumstances whereby authorities strongly advise to avoid outdoor activities cancellation by LIZZYKNOWS will lead to 100% refund to client (including transaction cost) as long as experiences have not started yet. LIZZYKNOWS will not be obliged but will always do its utmost to inform both host and Client should weather conditions may prohibit execution of the experience by all methods of communication possible (Text message, announcement on LIZZYKNOWS.com or telephone call).
Article 3: Cancellations by Client
Although we do not want to have you missed out on the experience it can happen to cancel a specific booked experience. If so we do refund 100% (except transaction fees) if you send an email at least 21 days before the actual experience takes place to:
Article 4: Applicable law /Legal jurisdiction
We talk Dutch in case of legal disputes. All disputes arising from these conditions or in relation to the performance of the contract will exclusively and in the first instance be brought before the (President of the) district court of Amsterdam, unless mandatory law stipulates that the subdistrict court (‘kantongerecht’) is authorized to hear the dispute. If and as far as a dispute exists regarding the interpretation of LIZZYKNOWS conditions, the Dutch language version is decisive in the settlement of such dispute.
Article 5: Not using our terms is no experience
If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the site or services. Failure to use the site or services in accordance with these terms may subject you to civil and criminal penalties.
Article 6: You is a company?
If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Article 7: We might change these terms
LIZZYKNOWS reserves the right, at its sole discretion, to modify the site or services or to modify these terms, including the transaction fees, at any time and without prior notice. If we modify these terms, we will either post the modification on the site or otherwise provide you with notice of the modification. We will also update the "last updated" date at the top of these terms. By continuing to access or use the site or services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the site and services.
Article 8: Terms of Service
Lizzyknows has no control over the conduct of hosts, clients and other users of the site and services or any experiences, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a listing on Lizzyknows, you understand and agree that your relationship with Lizzyknows is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Lizzyknows for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Lizzyknows. Lizzyknows does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Lizzyknows, including by inappropriately using any Lizzyknows.
You acknowledge and agree that, by accessing or using the site or services or by downloading or posting any content from or on the site, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content.
Bookings and Financial Terms
"Host Fees" means the fee that LIZZYKNOWS charges a Host for the use of the Services, which is calculated as a percentage of the applicable experience. Host fees will always be confirmed separately between LIZZYKNOWS and the host.
"Payment Method" means a payment method that you have added to your LIZZYKNOWS Account, such as a credit card or debit card always via MOLLIE.
"Transaction costs" means cost of handling a booking. Transaction costs are ‘sunk cost’ and therefore never refundable for either client or host.
"Total Fees" means collectively the fees and handling fees plus any Taxes (BTW).
Bookings and Financial Terms
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking of a experience and the total fees accounted for.
LIZZYKNOWS will collect the total fees from clients at the time of the booking request. Please read additional terms and conditions regarding payment process for LIZZYKNOWS and host.
Should you alter a booking you need to use the following email address:
All changes will be received by LIZZYKNOWS and are taken care off by the host.
A modification which is send to firstname.lastname@example.org will be charged with € 25,= modification fees and are due prior to conformed modification. Only confirmed modifications by the host to both email@example.com and the client are valid.
You as a client or host are responsible for any modifications to a booking that you direct LIZZYKNOWS customer service to make. LIZZYKNOWS is never responsible should a modification not lead to full satisfaction.
Article 9: User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the site, services and collective content. In connection with your use of the site, services and collective content, you may not and you agree that you will not:
1. violate any local, national, or other law or regulation, or any order of a court, including, without limitation tax regulations;
2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access any web pages or other services contained in the site, services or collective content;
3. use the site, services or collective content for any commercial or other purposes that are not expressly permitted by these terms or in a manner that falsely implies LIZZYKNOWS endorsement, partnership or otherwise misleads others as to your affiliation with LIZZYKNOWS;
4. dilute, tarnish or otherwise harm the LIZZYKNOWS brand in any way, including through unauthorized use of collective content, registering and/or using LIZZYKNOWS 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 LIZZYKNOWS domains, trademarks, taglines, promotional campaigns or collective content
5. copy, store or otherwise access or use any information contained on the site, services or collective content for purposes not expressly permitted by these Terms;
6. infringe the rights of LIZZYKNOWS or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
7. interfere with or damage our site, services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
8. use our site, services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
9. use automated scripts to collect information from or otherwise interact with the site, services or collective content;
10. as a host, submit any experience with false or misleading information, including price information, or submit any listing with a price that you do not intend to honor;
11. violate these terms;
12. engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
13. post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (e) is defamatory, obscene, pornographic, vulgar or offensive; (f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (g) is violent or threatening or promotes violence or actions that are threatening to any other person; or (h) promotes illegal or harmful activities or substances;
14. systematically retrieve data or other content from our site or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
15. use, display, mirror or frame the site, services or collective content, or any individual element within the site or services or collective content, LIZZYKNOWS's name, any LIZZYKNOWS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the site or services, without LIZZYKNOWS's express written consent;
LIZZYKNOWS has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these terms, LIZZYKNOWS may take a range of actions against you, including but not limited to deactivating or canceling your listing(s) or LIZZYKNOWS account, for a violation of this section or these terms.
Article 10: LIZZYKNOWS content and member content license
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the site, services, or collective content, except 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 LIZZYKNOWS or its licensors, except for the licenses and rights expressly granted in these terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit member content. By making available any member content on or through the site, services, or through LIZZYKNOWS promotional campaigns, you hereby grant to LIZZYKNOWS a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such member content on, through, by means of or to promote or market the site and services. LIZZYKNOWS does not claim any ownership rights in any such member content and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit any such member content.
You acknowledge and agree that you are solely responsible for all member content that you make available through the site or services or through LIZZYKNOWS promotional campaigns. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all member content that you make available through the site, Services or through LIZZYKNOWS promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to LIZZYKNOWS the rights in such member content, as contemplated under these terms; and (b) neither the member content nor your posting, uploading, publication, submission or transmittal of the member content or LIZZYKNOWS's use of the member content (or any portion thereof) on, through or by means of the site, the services or LIZZYKNOWS promotional campaigns 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.
Article 11: Links / Feedback and copy cats
The site may contain links to third-party websites or resources. You acknowledge and agree that LIZZYKNOWS is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LIZZYKNOWS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
LIZZYKNOWS listen to you.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the site and services ("Feedback"). You may submit Feedback by emailing us, or visite our page 'Tell Lizzy'.
No copy cats please
LIZZYKNOWS respects copyright law and expects its users to do the same. It is LIZZYKNOWS's policy to terminate in appropriate circumstances the LIZZYKNOWS accounts of members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination for breach, suspension and other measures
LIZZYKNOWS may immediately, without notice terminate this Agreement if (a) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (b) you have provided inaccurate, fraudulent, outdated or incomplete information during the LIZZYKNOWS Account registration, or Listing process or thereafter, (c) you have violated applicable laws, regulations or third party rights, or (d) LIZZYKNOWS believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, LIZZYKNOWS or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition LIZZYKNOWS may deactivate or delay experiences, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your LIZZYKNOWS Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your LIZZYKNOWS Account, or temporarily or permanently suspend your LIZZYKNOWS Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Clients, or (ii) LIZZYKNOWS believes in good faith that such action is reasonably necessary to protect the safety or property of Members, LIZZYKNOWS or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by LIZZYKNOWS and an opportunity to resolve the issue to LIZZYKNOWS's reasonable satisfaction.
If we take any of the measures described above we may (a) communicate to your Clients or Hosts that a pending or confirmed booking has been cancelled, (b) refund your Clients in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (c) support your Clients, on an exceptional basis, in finding potential alternative experiences, and (d) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your LIZZYKNOWS Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your LIZZYKNOWS Account has been suspended or this Agreement has been terminated by us, you may not register a new LIZZYKNOWS Account or attempt to access and use the Site, Application and Services through other LIZZYKNOWS Accounts.
We use your personal information in the following ways:
- For registration and to manage your account, including to allow your access to and use of our site; to communicate with you in general, including to provide information about LIZZYKNOWS and invitations from the LIZZYKNOWS family of companies;
- To provide you with the information you request about our products;
- To send you email marketing messages and information;
- To enable our third-party suppliers to fulfill your bookings;
- To confirm your purchases;
- To ensure you are correctly billed;
- To enable us to publish content you submit to us to our family of websites and on our applications;
- To measure and track demographic details about our customers;
- To target content on our website to more closely match your interests and otherwise customize your experience with LIZZYKNOWS, including customizing the ads shown to you;
- To target the appropriate content for email marketing messages to better match your interests;
- To respond to your questions and comments;
- To measure interest in and improve our products, services, websites and Applications;
- To notify you about offers and products or services available from us or our partners that may be of interest to you;
- To solicit information from you, including through surveys;
- To resolve disputes or troubleshoot problems;
- To prevent potentially prohibited or illegal activities;
- As otherwise described to you at the point of collection;
- To tailor our products and services to suit your personal interests and the manner in which visitors use our sites, applications and social media assets;
- To operate, evaluate and improve our business and the products and services we offer;
- To analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read);
- To analyze trends and statistics regarding visitors' use of our sites, mobile applications and social media assets, and the purchases visitors make on our sites;
- To protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
- Sharing with Social Media Services.
If you connect to LIZZYKNOWS using Facebook, we may show you reviews, photos and tours that your Facebook friends have posted, shared, saved or purchased on LIZZYKNOWS. Note that, if you have Facebook friends who are using LIZZYKNOWS, they may also share information about you with us through Facebook. If you wish to prevent that sharing, please review your Facebook privacy settings.
You can also choose to access third-party social media websites and services through LIZZYKNOWS (such as Facebook and Twitter). When you do so, you are sharing information with those sites, and the information you share is governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media websites.
Sharing with Service Providers
Sharing with Third Party Vendors
We also share your Personal Information with third party vendors who provide services or functions on our behalf, including business analytics, payment processing, customer service, marketing, public relations, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including, for example, as necessary to operate features of our websites or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
We currently contract with several third-party online partners to help manage and optimize our Internet business and communications. We use the services of third-party marketing companies to help us measure the effectiveness of our advertising and how visitors use our website. To do this, we use web beacons and cookies provided by such marketing companies in connection with our websites. The information we collect helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.
Sharing with Referring Websites
If you were referred to LIZZYKNOWS from another website, we may share your registration information, such as your name, email address, mailing address, telephone number and travel preferences, about you with that referring website. We have not placed limitations on the referring websites' use of personal information and we encourage you to review the privacy policies of any website that referred you to LIZZYKNOWS.
We may also use or disclose Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legitimate and enforceable subpoenas, court orders, or other legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions or otherwise establish or exercise our legal rights; (e) to protect and defend our rights, property or safety or those of any of our affiliates, our customers, or others; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; (h) to investigate, prevent, or take action regarding illegal or suspected illegal activities; (i) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy; or (j) as otherwise required by law.
We may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information, as long as it is so combined.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular excursions or tours. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
How You Can Access Your Information
We take reasonable steps to ensure that your information is relevant to its intended use, accurate, and complete. You can access and update your contact information by accessing your account via the LIZZYKNOWS website. If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this policy.
You can also close your LIZZYKNOWS account by accessing your account via the LIZZYKNOWS website. We will send you an email to confirm your request. Please note that after you close an account, you will not be able to sign in or access any of your Personal Information. However, you can open a new account at any time.
Please also note that we may retain certain Personal Information and Other Information associated with your account in our archives, including for analytical purposes as well as for recordkeeping integrity, fraud prevention, dispute resolution, investigations, and compliance with legal requirements.
COOKIES NEED TO BE EATEN
Our Security and Storage Measures
At LIZZYKNOWS we seek to maintain the integrity and security of your Personal Information.
We use industry-standard encryption protocols when receiving and transferring your Personal Information. In fact, when you send Personal Information to us over the Internet, we first require that a "secure session" be established using Secure Socket Layer (SSL).
We seek to store your Personal Information in secure operating environments that are not accessible to the general public, and to have security measures in place at our physical facilities to protect against the loss, misuse or alteration of your Personal Information by our employees or third parties.
However, no data transmission over the Internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times. LIZZYKNOWS will not be held responsible for events arising from unauthorized access to your Personal Information. LIZZYKNOWS will rely on you telling us if you experience any unusual events that may indicate a breach in your information security. We will then seek to investigate whether the security breach was related to the data transmissions from or to LIZZYKNOWS and let you know what steps can be taken and have been taken to help rectify the problem. Further action, such as reporting incidents to the police or other proper authorities, may also be required.