Terms of Service and Agreement to Use the Website
Introduction
This document outlines the Terms of Service and Use (the “Terms” or the “Agreement”) governing access to and use of the Malobo.com website (the “Website”) and its associated technologies, collectively referred to as the “Service .” The Service is operated by Malobo, LLC. (“Malobo,” “we,” “us,” or “our”), a Delaware limited liability company, including its subsidiaries and affiliates. By accessing, browsing, or using the Website, mobile applications, or any components of the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you are not permitted to access or use the Service.
Purpose of the Service
The Website is designed to assist users in:
- Researching travel destinations.
- Accessing travel-related information.
- Making reservations with travel providers.
The Service is provided exclusively for lawful, personal, and non-commercial use.
Definitions
- “Malobo,” “we,” “us,” or “our”: Refers to Malobo, LLC., a Delaware limited liability company, including its subsidiaries and affiliates.
- “You” or “customer”: Refers to any individual accessing the Website, the Service, or making reservations through the Service or via Malobo’s customer service agents.
- “Service”: Includes the Website, mobile applications, and any related technologies or tools provided by Malobo.
Binding Agreement
By using the Website or any part of the Service, you agree to these Terms and any amendments made to them. You are also subject to Malobo’s Privacy Policy, which is incorporated by reference. If you do not agree to any part of this Agreement, you must cease using the Service immediately.
Legal Provisions
- Amendments: These Terms may be updated periodically without notice. Continued use of the Service constitutes acceptance of the updated Terms.
- Dispute Resolution: Disputes arising under these Terms are subject to binding arbitration as the exclusive means of resolution.
- Limitation of Liability: The Agreement includes important legal provisions regarding limitations of liability.
Restrictions on Use
The Service is intended solely for lawful and personal use. Any use of the Website or Service for commercial purposes or in violation of applicable laws is strictly prohibited.
This Agreement represents the full understanding between you and Malobo, LLC. regarding your use of the Website and Service.
Important: Arbitration Agreement and Privacy Policy
1. Arbitration Agreement
These Terms include a binding arbitration clause that impacts your legal rights. By accessing or using the Service, you agree to resolve disputes exclusively through arbitration rather than litigation in court. The key provisions of this agreement are as follows:
- Individual Dispute Resolution:
All disputes will be resolved on an individual basis. Participation in any class action, collective action, or representative proceeding is expressly prohibited.
- Limitations on Relief:
Any relief, whether monetary or otherwise, is strictly limited to individual claims. No collective or group relief is permitted.
- Waiver of Jury Trial:
By agreeing to arbitration, you knowingly waive your right to a trial by jury for any disputes falling under this agreement.
2. Privacy Policy
Your privacy is a priority for us. By using the Service, you consent to the collection, use, and disclosure of your personal information in accordance with Malobos’ Privacy Policy. Key aspects of the Privacy Policy include:
- The types of personal data we collect and how it is used to provide and improve the Service.
- Circumstances under which your data may be shared with third parties, such as service providers or legal entities.
- Your rights regarding the access, correction, and deletion of your personal data.
Please review the full Privacy Policy for detailed information on our data practices. If you do not consent to these terms, you must discontinue use of the Service immediately.
By using the Service, you confirm your acceptance of these Terms, including the arbitration agreement and the Privacy Policy. These provisions are binding and govern your use of the Service.
Terms of Use and Prohibited Activities
1. Use of the Website
By accessing or using the Website, you agree to the following terms and conditions regarding your use:
a. Eligibility
- You confirm that you are at least 18 years old and possess the legal capacity to create binding obligations.
- You will use the Website only in compliance with these Terms of Use.
b. Legitimate Reservations
- All reservations must be made for legitimate purposes and for yourself or individuals you are legally authorized to represent.
- You agree to inform all individuals on whose behalf you make reservations of applicable terms and restrictions.
c. Accuracy of Information
- The information you provide on the Website must be accurate, complete, and current.
- You are responsible for safeguarding your account credentials and accept responsibility for all activity conducted under your account.
d. Right to Deny Access
- Malobo reserves the right, at its sole discretion, to deny access to the Website or related services for violations of these Terms or other reasons deemed appropriate.
2. Prohibited Activities
The content, design, and information on this Website are proprietary and protected by intellectual property laws. You agree not to engage in the following prohibited activities:
a. Unauthorized Use of Content
- You may not modify, copy, distribute, transmit, reproduce, or sell any information, products, or services obtained from the Website without explicit authorization.
b. Commercial and Fraudulent Use
- You may not use the Website for commercial purposes, speculative reservations, or any false or fraudulent activities.
c. Automated Access
- Accessing the Website using automated tools such as robots, scrapers, or other similar technologies without prior written consent is prohibited.
d. Circumvention and Overloading
- You may not bypass security measures, impose unreasonable loads on the Website's infrastructure, or engage in deep-linking, framing, or mirroring without prior authorization.
e. Fraudulent Activity
- Malobo reserves the right to cancel bookings, close accounts, withhold refunds for non-refundable reservations, and take legal action if fraudulent activity is detected.
f. Contest of Actions
- If you wish to contest the cancellation of a booking or closure of an account, you must contact Malobo Customer Service.
3. Access and Use of the Service
a. Service Description
- Malobo provides an AI-powered platform to assist with vacation and travel planning, including creating and sharing itineraries and booking lodgings, vacation packages, and other travel-related products and services.
b. Registration Obligations
- To access certain features, you must register and provide accurate, current, and complete information.
- You are responsible for maintaining the confidentiality of your account credentials and all activities conducted under your account.
- Individuals under the age of 18 are prohibited from using the Service.
c. Account Security
- You must promptly notify Malobo of any unauthorized account access or security breaches.
- To prevent unauthorized use, you should log out of your account at the end of each session. Malobo is not liable for any loss resulting from your failure to secure your account.
4. Modifications to the Service
a. Right to Modify or Discontinue
- Malobo reserves the right to modify, suspend, or discontinue the Service (or any part thereof) without prior notice.
b. Limitation of Liability
- Malobo is not responsible for any changes, interruptions, or discontinuations of the Service and disclaims all associated liabilities.
These Terms govern your use of the Website and Service, including all related responsibilities, restrictions, and rights. Violations of these Terms may result in termination of access and other legal actions.
Supplier Rules and Restrictions
1. General Terms
By making a reservation or purchasing travel-related goods and services through Malobo, you agree to the following terms:
- Compliance with Supplier Rules: You must comply with the supplier’s rules, including timely payment, usage policies, and cancellation terms.
- Consequences of Non-Compliance: Failure to comply may result in reservation cancellation, denial of access to services, forfeiture of payments, and additional charges for costs incurred.
- Supplier-Driven Changes: Malobo is not responsible for costs or inconveniences arising from changes or cancellations initiated by suppliers, such as hotel relocations or else.
2. Bookings
a. Third-Party Partners
- Malobo facilitates bookings with third-party providers ("Third Party Partners") but does not sell products or services directly.
- Bookings are governed by the terms and conditions of the respective Third Party Partner, which define your rights and their liabilities.
b. Cancellations and Changes
- For changes or cancellations:
- Contact the Third Party Partner directly if the booking was made through their platform.
- If booked via Malobo’s Service, Malobo will assist, but all changes are subject to the Third Party Partner’s terms.
- Fees for changes or cancellations are your responsibility.
3. Third-Party Services and Websites
- Integration with Third-Party Services: The Service may include links or integrations with third-party websites, technologies, or services ("Third-Party Services").
- Terms of Use: Use of Third-Party Services may require separate terms and account creation. You are solely responsible for understanding and complying with their terms.
- Data Sharing: Information shared with Third-Party Services will be managed per Malobo’s Privacy Policy.
- Disclaimer of Liability: Malobo does not control or endorse Third-Party Services and is not liable for their content, reliability, or privacy practices.
4. Prepaid Hotel Reservations
a. Room Rates and Fees
- Room rates are pre-negotiated with hotel suppliers.
- The total reservation price includes the negotiated rate, tax recovery charges, service fees, and applicable taxes on Malobo services.
b. Payment Authorization
- By submitting a reservation, you authorize Malobo to process your payment and facilitate the booking with the hotel supplier.
c. Taxes and Fees
- Tax recovery charges reflect estimated taxes paid to the hotel supplier.
- Service fees are retained by Malobo as compensation for facilitating your reservation and vary by booking.
d. Cancellations and Changes
- Fees for cancellations or changes are outlined in the hotel’s terms.
- Failure to cancel within the hotel’s policy period may result in charges equal to the nightly rate, tax recovery charges, and service fees.
- Non-refundable bookings cannot be canceled or changed.
- For no-shows on the first night, you must notify Malobo to retain subsequent nights.
e. Booking Limitations
- A maximum of eight rooms may be booked online for the same hotel and dates.
- Group bookings (nine or more rooms) require coordination with Malobo’s travel specialists, and may involve contracts or non-refundable deposits.
f. Hotel-Specific Requirements
- Hotels may require a credit card or cash deposit for incidentals at check-in.
g. Payment Options
- "Pay Online Now": Your card is charged immediately in U.S. dollars.
- "Pay Later at the Hotel": Payment is made in local currency at the time of stay, subject to potential changes in tax and exchange rates.
- Coupons can only be applied to "Pay Online Now" bookings.
h. Club Malobo Deals
- Discounted rates on hotels are available to logged-in users and may not be disclosed publicly.
5. Pricing and Payments
a. Pricing
- Prices are provided by Third Party Partners and are subject to change. While Malobo strives for accuracy, final costs may include additional taxes or fees.
b. Payment Processing
- Payments are processed by third-party payment processors. You agree to their terms when using these services. Malobo is not liable for issues arising from payment processing.
6. Data Storage and Retention
- Malobo may impose limits on data storage and retention. These limits are subject to change.
- Malobo is not responsible for deleted or inaccessible data.
- Accounts inactive for extended periods may be terminated.
By using Malobo’s services, you acknowledge and accept these terms and any additional terms imposed by applicable suppliers or Third Party Partners. For assistance, contact Malobo Customer Service.
Liability Disclaimer
1. Accuracy and Completeness
- Malobo, its affiliates, and suppliers do not guarantee the accuracy, completeness, or reliability of any information, software, products, or services provided on the Website.
- This includes, but is not limited to, descriptions of hotels, amenities, pricing, and availability.
2. Errors and Corrections
- Malobo reserves the right to correct any errors, including but not limited to pricing inaccuracies. In such cases, you will have the option to:
a. Proceed with your reservation at the corrected price, or
b. Cancel your reservation without penalty.
3. Limitations of Liability
- Services Provided "As Is": All travel-related services are provided "as is," without any warranties, express or implied.
- Disclaimed Liability: Malobo and its partners disclaim liability for:
- Errors, omissions, or inaccuracies.
- Delays, cancellations, or overbookings.
- Events beyond Malobo’s control.
- Maximum Liability: In no event shall Malobo’s liability exceed:
- $100 USD, or
- The total service fees paid by you for the transaction in question, whichever is greater.
4. Independent Suppliers
- Hotels, airlines, and other service providers are independent contractors and are not agents or employees of Malobo.
- Malobo is not responsible for the actions, errors, omissions, or damages caused by these suppliers, including:
- Personal injury or death.
- Property damage.
- Other losses or expenses resulting from their services.
5. Extended Limitation of Liability
- Malobo, its affiliates, and suppliers shall not be liable for any:
- Indirect, incidental, special, consequential, or exemplary damages.
- Loss of profits, goodwill, business, or data.
- Liability is specifically disclaimed for damages arising from:
a. Use or inability to use the Service.
b. Actions or inactions of third-party services.
c. Unauthorized access to or alteration of your information.
d. Any other matter related to the Service.
- Cap on Damages: Malobo’s total liability under any claim is limited to the greater of:
- $100 USD, or
- The amount you paid to Malobo in the six months preceding the claim.
6. Jurisdictional Exceptions
- Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for incidental or consequential damages.
- If such laws apply to you, portions of these limitations may not apply, and liability will be limited to the maximum extent permitted by applicable law.
By using Malobo’s services, you acknowledge and agree to these liability limitations and disclaimers.
Accuracy of Information Disclaimer
The information provided on this platform, including but not limited to destination details, accommodation descriptions, pricing, and availability, is for general informational purposes only. While we strive to ensure that all information is accurate and up-to-date, we do not guarantee, represent, or warrant the completeness, reliability, accuracy, or timeliness of such information.
User Responsibility for Verification
- Independent Verification: Users are solely responsible for verifying the accuracy and suitability of the information provided on this platform before making any bookings or travel-related decisions. This includes, but is not limited to:
- Confirming accommodation details, such as amenities and facilities.
- Verifying the accuracy of pricing and fees.
- Confirming the availability and suitability of services or destinations.
- Third-Party Content: Some information displayed on this platform may be sourced from third-party providers, including but not limited to travel agencies, accommodation hosts, service operators as well as other third-party information providers. We are not liable for any inaccuracies, omissions, or errors in such third-party content. Users should verify provided information and contact the respective third parties directly for confirmation and clarification.
- Dynamic Nature of Information: Please note that certain information, such as availability, pricing, and other travel-related details, may change without notice. Users are advised to review and confirm all details directly with the relevant service providers at the time of booking.
Limitation of Liability
To the fullest extent permitted by applicable law:
- We disclaim all liability for any losses or damages, whether direct, indirect, incidental, or consequential, arising from the reliance on any information provided on this platform.
- Under no circumstances shall we be held responsible for decisions made or actions taken based on the information provided herein.
No Endorsement
The inclusion of any third-party content, links, or references does not constitute an endorsement or guarantee of accuracy, reliability, or quality of the services or products offered by such third parties.
By using this platform, you acknowledge and agree to these terms and assume full responsibility for verifying all information prior to completing any transactions or travel arrangements.
Bank and Credit Card Fees
1. International Transaction Fees
- Your bank or credit card issuer may impose additional fees for transactions processed internationally.
- If you make a booking from outside the United States using a U.S.-issued credit card, your bank may:
- Convert the payment amount into your local currency.
- Charge a currency conversion fee.
- Impose foreign transaction fees.
2. Variances in Billing Amounts
- The total amount displayed at the time of booking may differ from the amount charged on your credit card statement due to:
- Conversion of the payment amount to your local currency.
- Additional fees imposed by your bank or credit card issuer.
3. Determination of Fees and Exchange Rates
- Currency exchange rates and foreign transaction fees are determined solely by your bank or credit card issuer at the time the transaction is processed.
- Malobo does not influence these rates or fees and is not responsible for any discrepancies.
4. Customer Responsibility
- It is your responsibility to verify with your bank or credit card issuer:
- Any potential fees for international transactions.
- The applicable exchange rate at the time of booking.
- For questions regarding these charges, please contact your financial institution directly.
By using Malobo’s services, you acknowledge that any additional fees or charges imposed by your bank or credit card issuer are beyond Malobo’s control and are your sole responsibility.
International Travel Terms and Conditions
1. Entry and Travel Requirements
- Responsibility for Compliance:
- You are solely responsible for ensuring compliance with all applicable foreign entry and travel requirements.
- This includes possessing valid travel documents (e.g., passports, visas) and adhering to regulations set by your destination country.
- Passports and Visas:
- You must consult the relevant embassy or consulate for current entry requirements and documentation needs.
- Malobo assumes no liability for denied entry or service due to incomplete, expired, or invalid travel documents.
- Health and Vaccination Requirements:
- It is your responsibility to confirm and meet any health-related entry conditions, such as vaccinations or medications, as recommended or required by your destination.
- Consult a medical professional for guidance on health precautions specific to your travel plans.
2. Disinsection Procedures
- Certain countries may mandate disinsection (insecticide treatment) of aircraft to address health or environmental concerns.
- Procedures may include:
- Aerosol sprays applied while passengers are on board.
- Surface treatments conducted prior to passenger boarding.
- Compliance with these procedures is required for entry into applicable destinations.
3. Disclaimer of International Travel Risks
- Travel Risk and Safety:
- Malobo does not guarantee the safety or advisability of travel to any international destination.
- By offering travel products, Malobo does not endorse or represent the security conditions of any destination.
- Limitation of Liability:
- Malobo is not responsible for damages, losses, or other consequences resulting from travel to international locations, including those with safety advisories or restrictions.
By using Malobo’s services for international travel, you acknowledge that:
- You are fully responsible for ensuring compliance with all entry, health, and safety requirements.
- Malobo is not liable for any consequences resulting from your failure to meet these obligations.
For further information on entry, health, or safety requirements, consult appropriate governmental or professional resources.
Domestic Travel Terms and Conditions
- Entry and Travel Requirements
Responsibility for Compliance
- You are solely responsible for ensuring compliance with all applicable domestic travel requirements, including but not limited to transportation rules, identification standards, and local regulations at your destination.
- This includes having valid government-issued identification (e.g., driver's license, state ID, Real ID) required for domestic travel.
- Identification and Documentation
- It is your responsibility to confirm that your identification meets the requirements of transportation providers, such as airlines, trains, or buses, as well as security checkpoints.
- Malobo assumes no liability for denied boarding, entry, or service due to invalid, expired, or insufficient identification or documentation.
- Health and Travel Precautions
- You are responsible for confirming and meeting any health-related travel requirements within your destination, such as mask mandates, COVID-19 vaccination or testing requirements, or other public health regulations.
- Consult relevant local authorities or health departments for updated guidance on travel-related health conditions.
- Travel Disruptions and Procedures
Transportation Delays or Cancellations
- Malobo is not responsible for transportation disruptions, including flight delays, cancellations, or missed connections.
- You are encouraged to contact your transportation provider for updates and alternative arrangements.
- Local Weather and Environmental Factors
- It is your responsibility to stay informed about weather or environmental conditions that may affect travel plans. Malobo will not be liable for disruptions caused by such factors.
- Domestic Travel Risks Disclaimer
Travel Risk and Safety
- Malobo does not guarantee the safety or advisability of travel to any domestic destination.
- By offering travel products, Malobo does not endorse or represent the security conditions of any destination, venue, or area.
- Limitation of Liability
- Malobo is not responsible for damages, losses, injuries, or other consequences arising from domestic travel. This includes but is not limited to:
- Accidents or incidents during transportation.
- Safety or security issues at your destination.
- You are solely responsible for assessing the risks associated with your travel plans.
- Compliance with Local Laws and Regulations
- You are responsible for understanding and adhering to all local laws, rules, and customs of your destination.
- Malobo is not liable for consequences arising from your failure to comply with such requirements, including fines, penalties, or other legal actions.
- Health and Safety Requirements
- Travelers are encouraged to follow general health and safety precautions, such as securing travel insurance, maintaining necessary medications, and observing local public health guidelines.
- Malobo assumes no liability for illnesses, injuries, or other health-related issues incurred during domestic travel.
- General Provisions
- By using Malobo’s services for domestic travel, you acknowledge that:
- You are fully responsible for ensuring compliance with all identification, health, safety, and travel requirements.
- Malobo is not liable for any consequences resulting from your failure to meet these obligations.
- For further information on domestic travel requirements, consult appropriate governmental, local, or professional resources.
By booking or using Malobo’s domestic travel services, you accept and agree to these terms and conditions.
Indemnification, Disclaimer of Warranties, and Links to Third-Party Sites
1. Indemnification
- Your Obligations:
- You agree to defend, indemnify, and hold harmless Malobo, its affiliates, and their officers, employees, agents, and licensors (collectively, the "Malobo Parties") from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from:
- Your breach of these Terms of Use.
- Your violation of applicable laws or third-party rights.
- Your use of the Website or Service.
- User Content you provide.
- Malobo’s Rights:
- Malobo reserves the right to assume exclusive defense and control of any matter subject to indemnification.
- You agree to cooperate fully in Malobo’s defense.
- Settling any claim without Malobo’s prior written consent is prohibited.
2. Repeat Infringer Policy
- DMCA Compliance:
- Malobo complies with the Digital Millennium Copyright Act (DMCA) and has implemented a policy to terminate accounts of repeat infringers at its sole discretion.
- Intellectual Property Protection:
- Malobo may limit access or terminate accounts for any infringement of intellectual property rights, even if the infringement does not meet the criteria for repeat offenses.
3. Disclaimer of Warranties
- Service Provided “As Is”:
- The Service is offered “as is” and “as available” without warranties of any kind, express, implied, or statutory.
- No Guarantees:
- Malobo disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
- Malobo does not guarantee:
- The Service will meet your requirements.
- The Service will be uninterrupted, secure, or error-free.
- Results obtained from the Service will be accurate or reliable.
- Products, services, or information obtained through the Service will meet your expectations.
4. Links to Third-Party Sites
- External Hyperlinks:
- The Website may include links to third-party websites for reference purposes.
- Malobo does not control or endorse the content, privacy practices, or functionality of these external sites.
- Risk Assumption:
- Use of external websites is at your own risk.
- Malobo is not responsible for any issues arising from third-party content, including viruses, malware, or harmful software.
These terms define your obligations and the limitations of Malobo’s responsibilities when using its services. For any concerns or assistance, please contact Malobo Customer Support.
Software Use, User Conduct, and Intellectual Property
1. Software Available on the Website
- Ownership and Licensing:
- All software available for download on the Website, including the Malobo Mobile Application (“Mobile Application”), is copyrighted and owned by Malobo and/or its suppliers.
- If a software license agreement (“License Agreement”) is provided, your use of the software is governed by its terms. You may not install or use the software unless you agree to the License Agreement.
- For software without a License Agreement, Malobo grants a revocable, limited, personal, non-exclusive, and non-transferable license to download, install, and use the software solely to interact with the Website under these Terms of Use.
- Prohibitions and Enforcement:
- Unauthorized reproduction, redistribution, or modification of the software, including HTML code and other Website functionalities, is strictly prohibited and may result in severe legal penalties.
- Malobo will prosecute violations to the fullest extent of the law.
2. Conditions of Access and Use
- User Conduct:
- Users are solely responsible for all content they provide through the Service, including text, videos, images, and messages (“User Content”). Prohibited activities include:
- Uploading content that infringes intellectual property rights, contains viruses, or violates laws.
- Posting defamatory, obscene, threatening, or discriminatory material.
- Engaging in spam, unauthorized advertising, or fraudulent activities.
- Violating others' privacy or security.
- Using automated tools (e.g., data mining, scraping) to extract information.
- Circumventing geographic or technical restrictions on access.
- Promoting illegal activities or providing instructions for unlawful acts.
- Impersonating others or misrepresenting affiliations.
- Restricted Activities:
- Users may not interfere with the Service, attempt unauthorized access, or use the Service to compete with Malobo or develop similar offerings.
- Bypassing access restrictions through proxies, VPNs, or other methods is prohibited.
- Consequences of Non-Compliance:
- Violations may result in account suspension, termination, or legal action at Malobo’s sole discretion.
3. Intellectual Property Rights
- Service Content:
- All content and features on the Service (“Service Content”) are protected by copyright, patent, trademark, trade secret, and other proprietary rights.
- You may not modify, copy, frame, scrape, lease, sell, distribute, or create derivative works based on the Service Content unless expressly permitted by Malobo.
- This restriction does not apply to User Content that you provide in compliance with these Terms.
- Trademarks:
- The Malobo name and logos are trademarks of Malobo, LLC. (“Malobo Trademarks”).
- No rights to use Malobo Trademarks are granted without prior written consent.
- Goodwill from the use of Malobo Trademarks exclusively benefits Malobo.
- Third-Party Material:
- Malobo is not responsible for third-party content, including errors, omissions, or damages resulting from its use.
- Malobo may refuse or remove third-party content that violates these Terms or is otherwise objectionable.
4. User Content
- Ownership and License:
- By submitting User Content, you warrant that you own all rights to it, including copyrights and publicity rights.
- You grant Malobo a worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with the Service, including advertising and marketing.
- Data Use:
- Malobo may use metadata and other data derived from User Content to improve its services and develop new features.
- Responsibility:
- You are solely responsible for the legality, accuracy, and appropriateness of your User Content.
- Malobo assumes no liability for User Content or risks associated with its use.
5. Submissions
- Any suggestions, feedback, or comments provided to Malobo (“Submissions”) are considered non-confidential.
- Malobo may use and disseminate Submissions for any purpose without acknowledgment or compensation.
6. Content Preservation and Disclosure
- Malobo reserves the right to preserve or disclose User Content as necessary to:
- Comply with legal processes or governmental requests.
- Enforce these Terms.
- Address claims of rights violations.
- Protect the safety of Malobo, its users, or the public.
- Technical Modifications:
- Content transmission may involve changes to conform to network or device technical requirements.
By using Malobo’s services, you agree to comply with these terms and acknowledge the limitations and responsibilities associated with your use of the Service. Violations may result in account restrictions or legal action.
Terms Regarding Currency Converter, Submissions, Intellectual Property, and Copyright Complaints
1. Currency Converter
- Purpose and Disclaimer:
- Any currency converter available on the Website is for general guidance only and should not be relied upon for precise financial decisions.
- Currency rates are sourced from publicly available information and may not be verified, accurate, or up to date. These rates may vary.
- Liability Disclaimer:
- Malobo and its partners disclaim all responsibility for inaccuracies in the currency converter. Users are advised to consult financial professionals for accurate currency data.
- Usage Restrictions:
- The currency converter is for personal use only. Commercial use or redistribution is prohibited.
2. Reviews, Comments, Photos, and Other Submissions
- Grant of Rights:
- By submitting content, including reviews, photos, videos, questions, comments, or suggestions ("Submissions"), you grant Malobo and its partners a perpetual, non-exclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, distribute, modify, publish, and publicly display your Submissions in any media worldwide.
- Attribution and Sharing:
- Malobo may attribute your Submissions at its discretion and may share them with its supplier partners.
- Waiver of Rights:
- You waive all moral rights to your Submissions. Malobo is not obligated to post or use any content you provide.
- Content Responsibility:
- You are solely responsible for ensuring that your Submissions are lawful and do not include defamatory, infringing, or otherwise prohibited material.
- Malobo reserves the right to edit or remove content at its discretion and assumes no liability for user-generated content.
- Incentivized Reviews:
- Incentives for reviews may be offered, but feedback is not contingent on being positive.
3. Copyright and Trademark Notices
- Ownership and Protection:
- All content on the Website, including designs, logos, text, graphics, software, and other materials, is the exclusive property of Malobo and is protected under copyright and trademark laws.
- Unauthorized use, reproduction, or redistribution of this content is prohibited.
- Reporting Infringement:
- To report intellectual property infringements, contact Malobo via the Website’s chat feature.
4. Copyright Complaints and DMCA Compliance
- Filing a Complaint:
- If you believe content on the Service infringes your copyright, you may notify us directly via email. Your written notice must include:
- A clear identification of the copyrighted work claimed to be infringed.
- A description of the infringing material and its location on the Service (e.g., a URL link).
- Your contact details (address, email, and phone number).
- A statement of good faith belief that the use is unauthorized.
- A declaration under penalty of perjury that the notice is accurate and that you are authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
- Submit notices to: support@malobo.com (Subject: “DMCA Takedown Request”).
- Counter-Notices:
- If your content has been removed and you believe it is not infringing, you may file a counter-notice with the following details:
- Identification of the removed content and its prior location.
- A statement, under penalty of perjury, that the removal was in error.
- Your name, contact details, and consent to jurisdiction in the relevant U.S. court.
- Your physical or electronic signature.
- Malobo may reinstate the content unless the original complainant initiates legal action within ten (10) business days of receiving the counter-notice.
- Notice Requirements:
- Incomplete notices may not be processed. Misrepresentations may result in liability for damages.
5. Patent Notices
- Applicable Patents:
- Portions of the Website, its features, and services may be covered under one or more patents owned by Malobo, LLC.
- Additional patents are pending, and licensed technologies may also apply.
These terms outline the scope of your responsibilities and Malobo’s rights regarding the use of its services, content submissions, and intellectual property protections. For further inquiries or assistance, contact Malobo Support.
Dispute Resolution, Termination, and User Responsibilities
1. Dispute Resolution by Arbitration
a. Agreement to Arbitrate
- All disputes between you and Malobo must be resolved exclusively through binding arbitration, except for claims that qualify for small claims court.
- By agreeing to arbitration, you waive your right to:
- A trial by jury.
- Participation in class actions or representative proceedings.
b. Arbitration Procedures
- Arbitration will be conducted under the rules of the American Arbitration Association (AAA).
- The arbitrator may award damages or relief only on an individual basis, not in a representative capacity.
- Hearings will occur at a mutually convenient location or remotely if the claim amount is less than $10,000.
c. Confidentiality
- All arbitration proceedings, decisions, and awards will remain strictly confidential.
d. Costs
- Arbitration fees will follow AAA rules, and Malobo may cover certain costs if they are prohibitive to you.
e. Severability
- If any part of the arbitration agreement is found invalid or unenforceable, the remaining provisions will remain in effect.
2. Termination of Service
a. General Termination Rights
- Malobo reserves the right to suspend or terminate your account and access to the Service at its sole discretion, including for:
- Violations of these Terms.
- Legal or regulatory reasons.
- Other reasons deemed appropriate by Malobo.
b. Consequences of Termination
- Termination may result in:
- Deactivation of your account.
- Deletion of all associated data.
- Malobo is not liable to you or any third party for account suspension, termination, or data deletion.
c. DMCA Compliance and Intellectual Property Violations
- In compliance with the Digital Millennium Copyright Act (DMCA), Malobo will terminate accounts of users identified as repeat copyright infringers.
- Malobo may also limit or terminate accounts for single or repeated intellectual property violations, even if they do not meet the "repeat infringer" threshold.
- To report a repeat infringer, submit sufficient information to verify your claim through the proper notification process.
3. User Disputes
a. Responsibility for Interactions
- You are solely responsible for your interactions with other users and third parties through the Service.
b. Malobo’s Role
- Malobo assumes no liability for disputes, conflicts, or damages resulting from user interactions.
- However, Malobo reserves the right to intervene in disputes at its discretion.
These terms establish the mechanisms for dispute resolution, account termination, and user responsibilities. By using Malobo’s services, you agree to these legally binding provisions. For further assistance or to report a dispute, contact Malobo Support.
General Provisions
1. Mapping Tools
- Third-Party Terms:
- Use of mapping tools (e.g., Mapbox and Google Maps) is subject to the respective terms and privacy policies of the third-party providers. These terms may change without notice.
- Relevant terms and policies include:
2. Governing Law and Jurisdiction
- Applicable Laws:
- These Terms are governed by the Federal Arbitration Act, applicable U.S. federal laws, and the laws of the state corresponding to your billing address for U.S. residents. For non-U.S. residents, the laws of the State of California, excluding its conflict-of-law provisions, apply.
- Dispute Resolution:
- Disputes not subject to arbitration are resolved exclusively in the state or federal courts located in Contra Costa County, California.
3. Legal Relationship
- This Agreement does not create a joint venture, partnership, agency, or employment relationship between you and Malobo.
4. Compliance with Laws
- These Terms are subject to all applicable laws and legal requirements. Nothing in this Agreement limits Malobo’s ability to comply with legal obligations, including government requests.
5. Severability
- If any provision is found invalid or unenforceable, the remaining provisions will continue in full force and effect. Malobo’s failure to enforce any provision does not waive the right to enforce it later.
6. Entire Agreement
- These Terms, including any incorporated policies, constitute the entire agreement between you and Malobo, superseding all prior agreements or understandings.
- A printed version of these Terms is admissible in judicial or administrative proceedings.
7. Assignment
- You may not assign or transfer your rights or obligations under these Terms without prior written consent from Malobo.
- Malobo may assign or transfer these Terms freely without restriction.
8. Time to File Claims
- Any claim or cause of action related to your use of the Service must be filed within one (1) year after it arises. Claims filed beyond this period will be permanently barred.
9. Notices
- Malobo may send notices via email, regular mail, or in-Service notifications.
- Malobo is not liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, acts of war, terrorism, power outages, or other force majeure events.
10. Reserved Rights and Fictitious References
- Reserved Rights: Any rights not explicitly granted in these Terms are reserved by Malobo.
- Fictitious References: Any references to fictitious entities, names, or data on the Website are not intended to represent real entities or events.
For inquiries or support, visit Malobo’s Chat feature on the Website or contact Customer Support at support@malobo.com.
Malobo, LLC.
25 Beta Court Suite J
San Ramon, CA 94583
Email Address: support@malobo.com
Phone Number: +1 (888) 285-2355
California Seller of Travel #: 2162288-70
ASTA Member# 900374603
CCRA Member# 2DDB3AFAD5
TCRC Member# 709731
