Terms of Service
Last updated: August 20, 2021
Thank you for using Lemongrass!
These Terms of Service (“Terms”) are a binding legal agreement between you and Lemongrass that govern your use of the websites, applications, and other offerings from Lemongrass (collectively, the “Lemongrass Platform”). When used in these Terms, “Lemongrass,” “we,” “us,” or “our” refers to Lemongrass Life Ltd, a company registered in England and Wales under number 13265882 at 20-22 Wenlock Road, London, England, N1 7GU.
The Lemongrass Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Guides” and Members who search for, book, or use services are “Guests.” Guides offer, private and group sessions (“Sessions”), activities, excursions and events (“Experiences”), and a variety of other services (collectively, “Guide Services”, and each Guide Service offering, a “Listing”). You must register an account to access and use many features of the Lemongrass Platform, and must keep your account information accurate. As the provider of the Lemongrass Platform, Lemongrass does not own, control, offer or manage any Listings or Guide Services. Lemongrass is not a party to the contracts concluded directly between Guides and Guests, nor is Lemongrass an insurer or an organiser or retailer of travel packages. Lemongrass is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Servicei (“Payment Terms”), described in Clause 9. To learn more about Lemongrass’s role see Section 16.
If you Guide, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Guide Services.
Table of Contents
- Our Mission
- Searching and Booking on Lemongrass
- Cancellations, Refunds and Booking Modifications
- Your Responsibilities.
- Guiding on Lemongrass
- Managing Your Listing
- Cancellations and Booking Modifications
- Payment Terms
- Lemongrass Platform Rules
- Termination, Suspension and Other Measures
- Modification of these Terms
- Lemongrass’s Role
- Member Accounts
- Applicable Law and Jurisdiction
1. Our Mission.
Our mission is to introduce or connect you with our global community of Guides who want to help you unlock your full potential. Browse through Listings of our carefully curated Sessions and Experiences and find the ones that nurture your curiosity, inspire your mind and/or illuminate your heart. Learn more about a Listing by reviewing the description and photos and the Guide profile. If you have questions, just message the Guide.
2. Searching and Booking on Lemongrass.
2.1 Searching. You can search for Guide Services by using criteria like the type of Guide Service, dates, price, topic and language. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, customer service, previous bookings and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Lemongrass’s service fee, taxes and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Guide Services (sometimes called a reservation or booking in these Terms) is formed directly between you and the Guide. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Guide. Be aware that some Guides work with a co-Guide or as part of a team to provide their Guide Services.
2.3 Bookings for Sessions, Experiences and Other Guide Services. A Session, Experience or other Guide Service booking entitles you to participate in, attend, or use that Guide Service. You are responsible for confirming that you, and anyone you invite, meet minimum age or other requirements. You are responsible for informing the Guide of any conditions, or other circumstances that may impact your ability to participate, attend or use the Guide Service. Except where expressly authorized, you may not allow any person to join a Guide Service unless they are included as an additional guest during the booking process.
3. Cancellations, Refunds and Booking Modifications.
3.1 Cancellations and Refunds. In general, if you cancel a booking, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you.
3.2 Booking Modifications. Guides and Guests are responsible for any booking modifications they agree to make via the Lemongrass Platform or direct Lemongrass customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
4. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Session or Experience. For example, this means: you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Guide Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
5. Guiding on Lemongrass
5.1 Guide. As a Guide, Lemongrass offers you the opportunity to share your Sessions, Experiences, or other Guide Services with our community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you Guide - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Lemongrass Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Guide Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Lemongrass’s service fee (and applicable taxes) for each booking. Lemongrass will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Guides. Your relationship with Lemongrass is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Lemongrass, except that Lemongrass acts as a payment collection agent as described in the Payments Terms. Lemongrass does not direct or control your Guide Service and you understand that you have complete discretion whether and when to provide Guide Services and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The Lemongrass Platform provides tools that make it easy for you to set up and manage a Listing. To list a Session or Experience, you must create a Listing and submit it to Lemongrass.
When listing a Session or Experience you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Session or Experience, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Session or Experience (including dress codes, equipment, special certifications or licenses, etc.). You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. Lemongrass reserves the right to decide, in its sole discretion, whether a submitted Session or Experience will be published on the Lemongrass Platform.
We recommend that you obtain appropriate insurance for your Guide Services and suggest you carefully review policy terms and conditions like coverage details and exclusions.
6.2 Hosting Lemongrass Guests. Once your Session or Experience is published on the Lemongrass Platform, you will have the ability to add dates and times when you offer your Experience through the Lemongrass Platform (an "Instance"). By making an Instance of your Session or Experience available on the Lemongrass Platform, you agree that people who book through Lemongrass can attend that Instance of the Session or Experience.
6.3 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Guide Services. For example: Some jurisdictions require Guides to register, get a permit, or obtain a license before providing certain Guide Services. Check your local rules to learn what rules apply to the Guide Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.4 Search Ranking. The ranking of Listings in search results on the Lemongrass Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. price range, language),
- Listing characteristics (e.g. calendar availability, number and quality of images, type of Guide Service),
- Guest booking experience (e.g. customer service and cancellation history of the Guide),
6.5 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Guide Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Lemongrass Platform.
You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Session or Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Session or Experience; and (iii) ensuring that your Listing and/or Hosting of a Session or Experience will not breach any agreement you may have with any third party.
6.6 Equipment. You are responsible for providing all equipment, including supplies, venues and other materials ("Equipment") necessary to host your Session or Experience. You are solely responsible for ensuring that the Equipment used in your Session or Experience 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.
6.7 Insurance. We may require that you obtain your own insurance in order to publish a Session or Experience on the Lemongrass Platform. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Session and/or Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Sessions and/or Experiences. You agree to cooperate with Lemongrass to verify such insurance coverage. In the event that Lemongrass has obtained its own liability insurance that covers your Sessions or Experiences, your insurance will be the primary source of coverage and Lemongrass's insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.
6.8 Guiding as a Team or Organization. If you work with a co-Guide or Guide as part of a team, business or other organization, the entity and each individual who participates in providing Guide Services, is responsible and liable as a Guide under these Terms and should be authorised by Lemongrass. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.
7. Cancellations and Booking Modifications.
7.1 Cancellations. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Guide, you should not cancel on a Guest without a valid reason, such as unexpected natural disasters. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences.
If a booking is cancelled, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Lemongrass exceeds your payout, Lemongrass may recover that amount from you, including by offsetting the refund against your future payouts.
You agree that these Terms pre-empt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under these Terms, we may delay release of any payout for that booking until a refund decision is made.
7.2 Booking Modifications. Guides and Guests are responsible for any Booking Modifications they agree to make via the Lemongrass Platform or direct Lemongrass customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
7.3 Valid Reasons for Guide Cancelation. Guides can only cancel bookings when unforeseen events beyond their control arise after the booking has been made and make it impracticable or illegal to guide the Session or Experience. These events are included in Clause 21.9, everything else is excluded. Examples of a no valid reason for cancelation include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; other government guidance (that fall short of a travel ban or prohibition); and transport disruptions like road closures, as well as flight, train, bus and ferry cancellations.
- Guide Taxes. As a Guide, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, income or other taxes ("Taxes").
- Tax Information, Collection and Remittance by Lemongrass.
Fees and commissions specified in our Website are inclusive of VAT. We will show and retain the amount of VAT due on the payment fees in addition to the amount of service fees due to us. We will not charge or deduct VAT from sums due to you.
We have the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority.
9. Payment Terms.
Lemongrass and Stripe provide payments services to Members publishing, offering and booking Sessions, Experiences or other Guide Services provided via the Lemongrass Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
- Stripe collects payments from Guests (“Payin”), by charging the payment method associated with their Lemongrass account, such as credit card or debit card (“Payment Method”);
- Lemongrass effects payments to Guides (“Payout”) to a financial instrument associated with their Lemongrass account, such as a bank account (“Payout Method”); and
- Other payment related services in connection with Guide Services.
Lemongrass may charge fees (and applicable Taxes) to Guides and Guests for use of the Lemongrass Platform. More information about Guides’ Service Fees, such as: when service fees apply and how they are calculated can be found on our Fee Schedule agreed by us in writing. Except as otherwise provided on the Lemongrass Platform, service fees are non-refundable. Lemongrass reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. Lemongrass Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Lemongrass Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Lemongrass Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Lemongrass Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Lemongrass Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Lemongrass Platform.
- Only use the Lemongrass Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Lemongrass Platform as authorized by these Terms.
- Do not use the Lemongrass Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the Lemongrass Platform solely as necessary to enable your use of the Lemongrass Platform as a Guest or Guide.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not use, copy, display, mirror or frame the Lemongrass Platform, any Content, any Lemongrass branding, or any page layout or design without our consent.
- Honour your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms.
- Do not use the name, logo, branding, or trademarks of Lemongrass or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Lemongrass branding.
- Do not offer Guide Services that violate the laws or agreements that apply to you.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Lemongrass. In addition, if you believe that a Member, Listing or Content has violated these Terms, you should report your concerns to Lemongrass. If you reported an issue to local authorities, Lemongrass may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Lemongrass Platform infringes copyrights, please notify us.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Lemongrass reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Lemongrass may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Lemongrass may also terminate this agreement immediately and without prior notice and stop providing access to the Lemongrass Platform if (i) you materially breach these Terms or our Policies , (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Lemongrass, its Members, or third parties (for example in the case of fraudulent behaviour of a Member), or (iv) your account has been inactive for more than one year.
13.3 Member Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Lemongrass 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) such action is necessary to protect the personal safety or property of Lemongrass, its Members, or third parties, Lemongrass may:
- suspend or limit your access to or use of the Lemongrass Platform and/or your account;
- suspend or remove Listings, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Lemongrass and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. Lemongrass may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Guide and terminate your Lemongrass account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your 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. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Lemongrass Platform has been limited, or your Lemongrass account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Lemongrass Platform through an account of another Member.
14. Modification of these Terms.
Lemongrass may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Lemongrass Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes 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 immediately as provided in these Terms. 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 Lemongrass Platform will constitute acceptance of the revised Terms.
15. Lemongrass’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Guide Services. When Members make or accept a booking, they are entering into a contract directly with each other. Lemongrass is not and does not become a party to or other participant in any contractual relationship between Members. Lemongrass is not acting as an agent for any Member except for where Lemongrass Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Lemongrass, we do not and cannot control the conduct or performance of Guests and Guides and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Guide Services or (ii) the truth or accuracy of any Listing descriptions, or other Content provided by Members. You acknowledge that Lemongrass has no general obligation to monitor the use of the Lemongrass Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Lemongrass Platform (including 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) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. Members agree to cooperate with and assist Lemongrass in good faith, and to provide Lemongrass with such information and take such actions as may be reasonably requested by Lemongrass with respect to any investigation undertaken by Lemongrass regarding the use or abuse of the Lemongrass Platform.
16. Member Accounts.
You must register an account to access and use many features of the Lemongrass Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Lemongrass Platform under any applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Lemongrass if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Lemongrass 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). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Guide, Guide Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Lemongrass has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Lemongrass Platform. Lemongrass may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Lemongrass Platform or certain 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 Lemongrass Platform.
Lemongrass is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Lemongrass’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Lemongrass in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Lemongrass is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Lemongrass’s option), indemnify, and hold Lemongrass (including other affiliates, and their personnel) 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 (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Lemongrass Platform, (iii) your interaction with any Member, participation in an Experience or other Guide 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, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
20. Applicable law and Jurisdiction.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
21.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Lemongrass and you pertaining to your access to or use of the Lemongrass Platform and supersede any and all prior oral or written understandings or agreements between Lemongrass and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Lemongrass. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 21.9 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.2 No Waiver. Lemongrass’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.
21.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Lemongrass's prior written consent. Lemongrass 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 pursuant to Section 13.2 remains unaffected.
21.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Lemongrass via email, Lemongrass Platform notification, messaging service (including SMS and WhatsApp), or any other contact method we enable you to provide.
21.5 Third-Party Services. The Lemongrass Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Lemongrass is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
21.6 Google Terms. Some translations on the Lemongrass Platform are 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. Some areas of the Lemongrass 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.
21.7 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
21.8 Lemongrass Platform Content. Content made available through the Lemongrass Platform may be protected by copyright, trademark, and/or other laws and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Lemongrass Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Lemongrass 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 the Content made available on or through the Lemongrass Platform and accessible to you, solely for your personal non-commercial use.
21.9 Force Majeure. Lemongrass shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
21.10 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Lemongrass account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Lemongrass Account.
21.11 Contact Us. If you have any questions about these Terms please email us.