Terms of Service - Mingoer & Localler

This page contains two sets of Terms of Service:

Mingoer Terms of Service – for customers using the Site to search for and book tours or experiences.
Localler Terms of Service – for local guides/hosts using the Site to offer tours or experiences.

If you are a customer, please read the Mingoer Terms of Service.

If you are a local guide or host, please scroll down to the section titled Localler Terms of Service, which appears directly below the Mingoer Terms of Service and applies to your use of the Site.

Mingoer Terms of Service

Last updated: 28 April 2026

Welcome to Localmingo!

Please read these “Mingoer Terms of Service” carefully as they contain important information about your legal rights and obligations.

We operate a marketplace platform that connects travellers (“Mingoers”) and tour guides/local hosts (“Locallers”).

Our platform enables Locallers to list and promote tours and experiences, and to process related payments. It also allows Mingoers to discover, book, and review such tours and experiences. Localmingo is not a travel or tour operator/agent, and we do not provide, create, own, sell, control, offer, deliver, or supply any tours or experiences featured on our platform.

When a Mingoer makes a booking, they enter into a contract directly with the Localler. Localmingo is not, and shall not be deemed to be, a party to any such agreement between a Mingoer and a Localler. Each Localler is solely responsible for the tours and experiences they list, including their accuracy, quality, safety, availability, and the performance of all related services.

1. Introduction

These terms and conditions, as may be modified and amended from time to time, sets forth the legally binding agreement by and between:

(a) Localmingo Pty Ltd (ABN: 72688146152), a company incorporated in Australia with a registered address at Suite 292 / 36-38 Gipps Street, Collingwood, VIC 3066, Australia (“Localmingo”, “we”, “us”, or “our”); and

(b) a person or entity (“Mingoer”, “you”) that enters and uses the Localmingo marketplace platform accessible via the www.localmingo.com website and subdomains (the “Site”) to search for and/or book tours/experiences and other related activities, services, and events (the “Tours”), and/or participates in the Tours booked through Localmingo and/or the Site.

2. Acknowledgement and Acceptance

You hereby represent and warrant that:

(a) You have read, understand, and agree to comply with and be bound by these Mingoer Terms of Service;

(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which you are established;

(d) You are not forbidden by Localmingo to access and/or use the Site; and

(e) If you take additional participants to your Tour, you agree and warrant that the participants, or their legal guardians, have read and agreed to these Mingoer Terms of Service, including, but not limited to, the Acceptance or Risk and Waiver Liability, Disclaimer, Limitation of Liability, and Your Liability and Indemnification sections, which apply to all participants, as if the term “You” was a reference to the participants.

If you do not agree to be bound by these Mingoer Terms of Service, you may not access and/or use the Site, and should not participate in a Tour.

These Mingoer Terms of Service should be read together with the Mingoer Cancellation Policy and Privacy Policy, as they are incorporated by reference into these Mingoer Terms of Service.

3. Scope of Localmingo Services

We operate the Site, which is an online marketplace platform which allows Locallers to upload and publish their Tours, and you to search and book Tours, post reviews and process payments.

You may search for Tours and Locallers using a variety of filters. Once you decide on a specific Tour, you may connect and conclude a contract directly with the Localler who publishes the Tour and through the Site.

We are constantly updating our Site and its functionalities. Therefore, we may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.

Localmingo may charge you a fee (“Service Fee”) at the time of booking to cover platform operation costs, customer support, and payment processing charges incurred through third party providers. The amount of Service Fee (if applicable) is displayed at the time of your booking.

Localmingo reserves the right to add or modify the Service Fee at any time, with changes applying to bookings made after the updated fee comes into effect. Unless explicitly stated otherwise on the Site, the Service Fee is non-refundable.

4. Mingoer's Account

You may browse and search for Tours and Locallers on the Site without creating an account. However, to book any Tour through the Site, you may be required to register, create an account, and complete your profile with accurate personal information (“Mingoer’s Account”). You may not create or maintain more than one Mingoer's Account.

The creation and continued operation of a Mingoer's Account are subject to the sole discretion of Localmingo. We reserve the right, at any time and without prior notice or liability, to refuse the creation of a Mingoer’s Account, suspend it, or cancel it for any reason or for no reason.

You agree to provide accurate, current, and complete information when creating and maintaining your Mingoer’s Account, and to update such information promptly whenever it changes. Your personal information will be collected, used, and processed in accordance with our Privacy Policy.

You are solely responsible for any claims, losses, or liabilities arising from any inaccurate, outdated, or incomplete information you provide.

You are responsible for any activity on your Mingoer’s Account. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Localmingo platform or a third-party social media service (such as Facebook or Google log-in).

You agree not to disclose your password to any third party. If you are aware that any person has entered your Mingoer’s Account without your permission, you must inform Localmingo immediately.

5. Booking Request

The Site lists many Tours uploaded by different Locallers, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may make a booking request to a Localler for a particular Tour by clicking the “Request to book” button, or any other button as may be modified. All Tours are invitations to you to make an offer to a Localler. Once the Localler accepts and confirms your booking request, there is a binding contract between you and the Localler. The Locallers are free to accept or reject your booking requests.

You shall review the Tour Terms before making a booking request to a Localler. Once your booking request is accepted by the Localler, you will be bound by the Tour Terms. These Mingoer Terms of Service will prevail over the Tour Terms with respect to your relationship with Localmingo.

If you have a question about a Tour that is not answered in the information on the Tour Terms and where the answer to your question may influence whether you would like to proceed to make a booking request (including but not limited to whether a Localler is able to accept accompaniment by a pet or service animal), it is your responsibility to contact Localmingo prior to making a booking request and to obtain an answer to your question. Once you have made a booking, you are subject to the Mingoer Cancellation Policy.

6. Price and Payment

The price you pay for a booking (“Total Price”) consists of the Tour price set by the Localler and any additional fees or charges imposed by Localmingo. The Total Price may change without prior notice until a booking has been confirmed. Unless otherwise indicated during checkout, the Total Price includes all applicable taxes and fees.

You must ensure that all payments to the Localler are processed through the Site, or such other means as Localmingo may determine.

You will make payment of bookings by credit card or other form of payment available through the Site. We do not store credit card information. Localmingo uses third party service providers to process your payment information for all transactions made through Localmingo. You authorize Localmingo and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make through their system.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your financial institution. If we do not receive the required authorization, we will not be liable for any delay or non-completion of your booking request.

You may choose to pay for a Tour in any of the currencies made available on the Site. If a payment is made in a currency other than the currency set by the Localler for payout (“Localler’s Payout Currency”), the Total Price will be converted to the Localler’s Payout Currency at the time of payment using a conversion rate as determined by your financial institution. Once you book a Tour, the Total Price is fixed in the currency selected at checkout. This means that even if exchange rates fluctuate between the time you book and the time you take your Tour, the amount you were charged at the time of booking will remain unchanged.

Please note that your financial institution may impose fees in connection with international or cross border transactions, fees for currency, or other fees, charges or taxes in connection with your bookings. You should contact your financial institution if you have any questions about any such fees, charges, or taxes.

For clarity, the multi-currency display on our Site is provided as an estimate for your convenience. Displayed prices in currencies other than the Localler’s Payout Currency may differ from the final amount charged to you, as the latter is subject to the exchange rates, commissions, and fees applied by your financial institution.

Payment details are collected when you submit your booking request. Your payment will be processed only after the Localler accepts the request and typically 7 days prior to the Tour’s start date. If the initial payment fails (for example, due to expired card or insufficient funds), you will receive a notification to update your payment method. You must follow the provided instructions to update your details and retry the payment; failure to do so within the specified timeframe (typically 48 hours) will result in the automatic cancellation of your booking.

7. Your Reviews

You may have access to post Localler’s ratings and reviews (“Reviews”). By uploading, posting or otherwise making available your Reviews on or through the Site, you:

(a) Grant to Localmingo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to your Reviews to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote your Reviews in any form, anywhere, in connection with Localmingo’s business, without your prior approval and/or notification. This license shall survive termination of your Mingoer’s Account on the Site.

(b) Agree to indemnify Localmingo against any losses or liabilities resulting from any claim by a third party alleging that your Reviews infringe their rights;

(c) In the event that your Reviews provided by you to Localimgo violates the rights of a third party, you agree to indemnify Localmingo against any losses and liabilities that may result from the action of such third party against Localmingo;

(d) Understand that other users of the Site will access your Reviews.

Your Review must focus on your actual experience with the Localler, and should avoid talking about your general experience with Localmingo (e.g., platform or booking issues) if it’s not related to the Localler you’re reviewing. You will not upload, publish, and/or send any Review that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against Localler and/or user; (iv) promotes illegal or harmful activities, or (v) includes contact details.

By way of example, you must not upload, publish and/ or send any Review that:

includes social, religious, or political opinions about yourself, or the Localler, or any other party;
contains negative remarks about a Localler’s personal appearance;
uses offensive, abusive, or inappropriate language
is intended to pressure a Localler or Localmingo into providing refunds or compensation
is posted by a competitor or otherwise aims to harm Localmingo, or any individual’s reputation

We reserve the right to remove or modify, without prior notice, any Reviews alleged to infringe any intellectual property rights, or that violate these Mingoer Terms of Service, and/or unpublish any Tours containing such Reviews, without further notice.

Reviews reflect the opinions of the users of the Site and do not reflect the opinion of Localmingo. Localmingo may verify Reviews for accuracy but does not warrant they are correct or accurate. Localmingo shall have no liability for Reviews or for any claims resulting from such Reviews.

8. Cancellation & Refund Policy

You agree with the terms of the Mingoer Cancellation Policy and understand that any cancellation by you or by a Localler, and any related refund (subject to cancellation fee, as applicable), will be processed in accordance with the Mingoer Cancellation Policy in force at the time of your booking.

As a general rule, all delivered Tours are non-refundable, subject to any cancellation made by you in accordance with the Mingoer Cancellation Policy. However, if your booking is disrupted by any of the following events, you are eligible for a full or partial refund:

When a Localler or Localmingo cancels a Tour, except when a cancellation is done due to a disruption caused by you (for example, if you refuse to follow safety instructions);
The Localler is more than 15 minutes late for the Tour (without your prior agreement to a revised start time) and you choose to leave after waiting 15 minutes, or if the Localler fails to arrive for the Tour; or
The delivered Tour differs substantially from what was advertised or agreed with the Mingoer

Do not cancel a booking on behalf of a Localler, as this may affect your eligibility for a refund.

Localmingo may cancel any booking, in its sole discretion, if we believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to Localmingo, or if the Localler’s Account is cancelled or suspended. Localmingo may also cancel a booking due to circumstances beyond our control, including but not limited to: natural disasters, government restrictions, safety concerns, or other force majeure events. We will reimburse and/or refund you in accordance with the reasons for cancellation and with the Mingoer Cancellation Policy.

Refunds will be sent back to the original payment method used in making the booking. Depending on your financial institution's processing time, it may take fourteen (14) business days for the refunds to reflect in your bank account or card balance.

Localmingo and the Locallers are not responsible for any incidental expenses you and/or any other participant may have directly or indirectly incurred as a result of the booking or cancellation of a Tour. These expenses include, but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.

9. Rules of the Site

You agree to the following provisions:

(a) Use of the Site. The Site may only be used for the purposes expressly permitted in these Mingoer Terms of Service and must not be used for any illegal, unauthorized, or improper activities. You may not use the Site to recruit, solicit, or communicate with Locallers for any commercial or business purposes unrelated to the booking of Tours. You are also prohibited from using the Site to engage in any form of harassment, stalking, abuse, or any other inappropriate or disruptive conduct.

(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Locallers before they accept a booking request.

(c) Communication with the Locallers. You agree that all communications with the Locallers and prior to the Tour will occur through the Site. Localmingo also handles customer service through telephone and email. Localmingo reserves the right to monitor communications between You and the Locallers and review and edit those communications in case they do not comply with these Mingoer Terms of Service (like containing contact details before a booking request is accepted, or including offensive language). You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Locallers.

(d) Communication with Localmingo. You agree that Localmingo and the Locallers may contact you by email, text message, telephone call, or automated call at the phone numbers and email addresses you provide in your Mingoer's Account or otherwise submit to us. Such communications may include, without limitation, updates, changes, confirmations, and other important information relating to your bookings.

(e) Locallers’ Information. You agree that you will not use the Localler’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.

(f) Disputes. You agree to cooperate in good faith with Localmingo to address any disputes or complaints. If you are unable to resolve an issue directly with a Localler, you may contact Localmingo, and we will make reasonable efforts to assist in facilitating a resolution. However, Localmingo does not control, supervise, or direct the Locallers or their services, and we make no guarantees regarding the outcome of any dispute or our ability to resolve it.

(g) Purchase of Goods During a Tour. You should exercise caution when purchasing any goods during a Tour. Localmingo does not design or operate any Tours, is not informed of the goods that may be offered for sale during a Tour, and makes no representations or warranties regarding the quality, safety, origin, authenticity, or any other characteristics of such goods.

(h) Unauthorized Access to the Site: You will not use the Site and/or participate in a Tour in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site which you are not authorized to access.

(i) Surveys. By submitting any ideas, suggestions, or opinions (“Opinions”) to Localmingo through surveys or any other means, you represent and warrant that you have all necessary rights to submit such Opinions. You grant Localmingo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the duration of applicable intellectual property protection), sub-licensable, and transferable license to use, reproduce, modify, display, perform, adapt, and distribute your Opinions in any form and for any purpose in connection with Localmingo’s business, without further approval, payment, or notification to you. This license will survive the termination or deactivation of your Mingoer’s Account.

(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that you read and get familiarized with the terms and conditions of such websites.

10. Independent Contractor

You understand, acknowledge and agree that all the Locallers are independent contractors. They are not employees, agents, joint venturers or partners of Localmingo, and that the Locallers act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of Localmingo.

You hereby understand and expressly agree that Localmingo does not direct or control the Locallers generally or in their performance during the Tours, including, but not limited to, quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Locallers, nor the integrity, responsibility or any of the actions whatsoever of the Locallers.

While Localmingo performs an initial quality review of all new listings, Locallers are solely responsible for the accuracy, completeness, and ongoing updates of their Tours. Localmingo does not continuously monitor or verify subsequent amendments made by Locallers and, to the extent permitted by law, is not liable for any inaccuracies or omissions in listing content.

The Locallers, and not Localmingo, are responsible for determining, understanding and complying with all laws, rules and regulations that apply to their activity and to the Tours provided to you.

Your interactions with Locallers are at your own risk. Localmingo will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Localler or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Localler.

11. Acceptance of Risk and Waiver of Liability

Localmingo strongly recommends that you purchase a comprehensive travel insurance policy prior to departure. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.

You acknowledge that all travel involves inherent risks, and certain Tours may be adventurous in nature and carry a significant degree of personal risk. We encourage you to seek information from the Locallers and to fully educate yourself regarding any risks, required skills, and the level of fitness necessary to participate in a Tour.

We also urge you to research your intended destination to understand any travel advisories or safety concerns. Localmingo makes no representations or warranties regarding the safety, risk level, or advisability of travel to any destination, and we shall not be liable for any loss, damage, injury, or other harm arising from or connected with travel to any such destination.

You hereby assume all such risks and, on behalf of yourself, your estate, family, heirs, and assigns, you agree to release, waive, and hold harmless Localmingo, its parent company, subsidiaries, affiliates, directors, officers, and employees (collectively, the “Localmingo Group”) from any and all liabilities, claims, damages, or losses of any kind or nature - whether known or unknown, pecuniary or non-pecuniary - arising from or related to your participation in any Tour, including but not limited to illness, injury, disability, or death to you or any other participant.

If you accompany a minor on a Tour, you represent and warrant that you are legally authorized to act on behalf of the minor. You are solely responsible for the supervision, safety, and conduct of the minor at all times during the Tour.

12. Disclaimer

Localmingo does not publish, create, sell, control, offer, deliver, or supply any Tours. Locallers are independent contractors and are not employees, agents, joint ventures, or partners of Localmingo. Localmingo is not responsible for, and does not assume any liability for, the acts, omissions, representations, or services of any Localler.

To the fullest extent permitted by law, Localmingo is not liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential losses or damages, including but not limited to:

The delivery, performance, or failure to perform any Tour;
Any services, acts, omissions, or representations of a Localler;
Any transportation or other ancillary services associated with a Tour; or
Personal injury, death, or property damage to you, the Localler, or any third party.

Localmingo’s responsibility is limited to listing and making Tours and other ancillary services available through the Site.

Although we perform certain limited screenings on Locallers, Localmingo does not guarantee the accuracy or reliability of these screenings and does not endorse any user of the Site, including Locallers. Localmingo is not responsible for the identity verification, reliability, accuracy, or completeness of any information provided by users of the Site.

Localmingo does not guarantee continuous, uninterrupted, or error-free access to the Site. The Site is provided on an “as is” and “as available” basis without any warranties, whether express or implied, including warranties of merchantability, non-infringement, quality, or fitness for a particular purpose. To the maximum extent permitted by law, Localmingo disclaims all warranties and conditions that the Site, its servers, content, or emails from Localmingo are free of viruses, malware, or other harmful components.

Localmingo may restrict access to the Site as necessary for security, server integrity, maintenance, or to improve functionality.

13. Limitation of Liability

Nothing in these Mingoer Terms of Service limits, excludes, or modifies any rights, guarantees, or remedies that you may have under the Australian Consumer Law or any other law that cannot be lawfully excluded. Any limitation or exclusion of liability in these Mingoer Terms of Service applies only to the extent permitted by law.

To the fullest extent permitted by law, the Localmingo Group is not liable to you or any third party for any indirect, incidental, special, punitive, exemplary, or consequential loss or damage, or for any loss of profits, revenue, goodwill, data, or opportunity, whether arising in contract, tort (including negligence), statute, equity, or otherwise, and whether or not the Localmingo Group has been advised of the possibility of such loss.

To the extent that the Localmingo Group is liable for any loss or damage arising out of or in connection with the Localmingo services or a booking made through the Site, and where it is lawful to do so, the Localmingo Group’s total aggregate liability shall be limited to the greater of:(a) the amount paid to Localmingo in respect of the booking giving rise to the claim; or (b) one hundred Australian dollars (AUD $100).

This limitation applies even if any remedy provided in these Terms is found to have failed its essential purpose, but only to the extent that such limitation is lawful under the Australian Consumer Law.

14. Your Liability and Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Localmingo Group from any liabilities, claims, losses, damages, and expenses (including reasonable legal costs) arising out of or in connection with:

(a) your negligent, unlawful, or improper use of the Site or your participation in a Tour, including any loss or damage to property or injury to any person;

(b) any content you submit, including your Reviews; and

This indemnity does not apply to the extent that Localmingo has contributed to the loss through its own negligence, breach of these Mingoer Terms of Service, or breach of any non-excludable statutory guarantee under the Australian Consumer Law.

The Localmingo Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with us in the defence of such claims.

15. Intellectual Property

The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of Localmingo.

You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of Localmingo and/or its licensors or authorizing third-parties, and is protected in all forms, media and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of Localmingo.

16. Dispute Resolution

Localmingo is committed to assisting You with any issues or complaints you may have. If You encounter a problem related to the Site or Localmingo’s services - please contact Localmingo promptly to seek resolution. For complaints related to Localler or a Tour, you agree to notify Localmingo within 24 hours of the issue arising and to cooperate in good faith to resolve the matter. You also agree to provide any information or take any actions reasonably requested by Localmingo to address the issue.

If a dispute arises out of or in connection with these Mingoer Terms of Service, or your use of the Localmingo Site or services, the parties agree to first attempt to resolve the dispute in good faith through informal negotiations. If the dispute cannot be resolved , either party may commence formal legal proceedings. Any legal proceedings must be commenced in the courts of the State of Victoria, Australia, which will have exclusive jurisdiction. These Mingoer Terms of Service are governed by the laws of the State of Victoria.

17. Class Action Waiver

To the maximum extent permitted by law, any disputes, claims, or proceedings between you and Localmingo must be conducted on an individual basis and not as part of any class, consolidated, or representative proceeding.

You agree not to initiate or participate in any class action, class arbitration, or representative proceeding against Localmingo, and you expressly waive any right to do so.

If a court or tribunal determines that this waiver is unenforceable with respect to a particular claim or request for relief, that claim or request shall be severed and handled individually, without affecting the enforceability of the remaining provisions.

18. Force Majeure

We shall be relieved from liability for partial or complete failure to fulfill obligations under these Mingoer Terms of Service due to force majeure circumstances. In case of force majeure, we shall notify you on the commencement and cessation of circumstances preventing us from fulfilling our obligations.

19. Amendments to the Terms

We reserve the right, at our sole discretion, to modify or update these Mingoer Terms of Service at any time. If we make changes to these Mingoer Terms of Service, we will post the updated Mingoer Terms of Service on the Site. We will note the date that updates were last made to the Mingoer Terms of Service at the top of this page, and the updated Mingoer Terms of Service will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Mingoer Terms of Service.

If you do not agree to the amended Mingoer Terms of Service, you will terminate these Mingoer Terms of Service, and will stop accessing the Site and will not participate in any Tour. If you continue accessing the Site and participating in a Tour, then you are deemed to have accepted the amended Mingoer Terms of Service.

20. Term and Termination

These Mingoer Terms of Service will become effective immediately upon your use of the Site and/or your participation in a Tour and shall remain effective unless terminated by either party as provided hereunder.

You may terminate these Mingoer Terms of Service at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If you terminate these Mingoer Terms of Service, your account will be automatically cancelled, all bookings from you will be cancelled and any refund and/or payment to the Localler will be made in accordance with the Mingoer Cancellation Policy.

Localmingo may terminate these Mingoer Terms of Service for convenience at any time by sending you an email to your registered email address, which shall be effective immediately upon delivery of such notice. If we terminate these Mingoer Terms of Service, we may cancel any of your bookings and refund you the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or canceled bookings.

Localmingo may, at its sole discretion and without notice, terminate these Mingoer Terms of Service at any time, and/or cancel or limit your access to your Mingoer’s Account if you have materially breached any obligation under these Mingoer Terms of Service.

When these Mingoer Terms of Service have been terminated, you are not entitled to a restoration of your Mingoer’s account and, if terminated by Localmingo, you shall not apply for a new Mingoer’s Account or access and use the Site through another account.

In the event of termination or expiration, the following clauses shall survive: Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability, Your Responsibility and Indemnification, Term and Termination, and General Provisions.

21. Translation Interpretation

These Mingoer Terms of Service may have been translated if we have made them available to you on the Site. You agree that the original English text shall prevail in the case of a dispute.

22. General Provisions

(a) Waiver. Failure by Localmingo to enforce any provision of these Mingoer Terms of Service shall not be construed as a waiver of any provision or right.

(b) Governing Law. The Site is operated by Localmingo Pty Ltd, a company incorporated in Australia. These Mingoer Terms of Service, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

(c) Entire Agreement. Except for any additional terms included in the Site - excluding the Tour Terms uploaded by the Locallers -, these Mingoer Terms of Service constitute the entire agreement between you and Localmingo with respect to the subject matter of these Mingoer Terms of Service.

(d) Severability. If any provision of these Mingoer Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.

(e) Successors. These Mingoer Terms of Service shall be binding on you and Localmingo, and their successors and assigns.

(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses:

To Localmingo: “Localmingo Pty Ltd, Suite 292 / 36-38 Gipps Street, Collingwood, VIC 3066, Australia”, and “support@localmingo.com”;
To You: to the email address listed in your Mingoer’s Account.

Localler Terms of Service

Last updated: 28 April 2026

Welcome to Localmingo!

Please read these "Localler Terms of Service" carefully as it contains important information about your legal rights and obligations.

You are solely responsible for complying with all laws, rules, and regulations that apply to your activities and the Tours you provide. Depending on the country in which you operate, you may be required to register your business, obtain permits, or secure licenses from the relevant government authorities before offering Tours or related services. Failure to comply with these legal requirements may result in penalties, including fines or other enforcement actions imposed by government or regulatory authorities in the applicable jurisdiction.

We strongly encourage you to seek independent legal and/or tax advice if you have any questions about local laws, regulations, or tax obligations that may apply to your services.

1. Introduction

These Localler Terms of Service, as may be modified and amended from time to time, sets forth the legally binding agreement by and between:

(b) a person or entity (“Localler”, or “you”) that enters and uses the Localmingo’s marketplace platform accessible via the www.localmingo.com website and subdomains (the “Site”) to offer tours/experiences and other related activities, services, and events (the “Tours”) for sale to users that search for Tours on the Site (“Mingoers”).

2. Acceptance

You hereby represent and warrant that:

(a) You have read, understand, and agree to comply with and be bound by this Localler’s Terms of Service;

(d) You are not forbidden by Localmingo to access and/or use the Site.

If you do not agree to be bound by this Localler’s Terms of Service, you may not apply as a Localler, and shall not publish, offer or sell Tours on the Site.

These Localler Terms of Service must be read in conjunction with the Localler Cancellation Policy, Privacy Policy, and any other policies or codes related to Locallers that are published and updated on the Site from time to time, all of which are incorporated into these Localler Terms of Service by reference. Additionally, if you use the Site to search for and book Tours offered by other Locallers, the Mingoer Terms of Service will also apply to you.

3. Scope of Localmingo Services

We operate the Site, which is an online marketplace platform which connects Mingoers and Locallers. The Site enables you to publish and offer Tours for sale on the Site, and connect and conclude contracts directly with Mingoers for such services. Also, we provide you and Mingoers with a payment processing system through the Site.

We do not publish, create, sell, control, offer, deliver, or supply any Tour. We are not a travel agency, and we do not provide Tours ourselves. You are responsible for your published Tours. When you accept a Mingoer’s booking, you are entering into a contract directly with the Mingoer. In no event shall Localmingo be deemed a party to any agreement whereby a Mingoer purchases a Tour from you.

We may advertise the Site and the Tours through search engine optimization, pay per click services, public relations, email marketing, affiliate programs and other online and offline advertising means so as to increase traffic to the Site and the Tours.

We are constantly updating our Site and its functionalities. Therefore, we may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.

4. Independent Relationship

You acknowledge and agree that you are not an independent contractor, employee, agent, joint venturer, or partner of Localmingo. You act solely on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, Localmingo. Localmingo does not act as your agent, except to the limited extent expressly stated in these Localler Terms of Service, such as when Localmingo collects payments on your behalf as described herein.

Localmingo does not, and shall not be deemed to, direct or control you generally or in your performance under these Localler Terms of Service. You acknowledge and agree that:

(a) you have complete discretion whether to engage in other business or activities;

(b) you are engaged in your own business, separate and apart from Localmingo’s business, which is to provide an online marketplace platform to connect Mingoers and Locallers;

(c) you have complete discretion in the publishing, selling and performance of your Tours. You have complete discretion whether to accept a booking request from a Mingoer or reject it;

(d) you set your own Tour Prices (as defined below), and

(e) you do not have any individual at Localmingo to whom you report.

You understand, acknowledge and agree that you have no authority to make or accept any offers or representations on behalf of Localmingo. You will not make any statement that reasonably would contradict anything contained in this Clause.

5. Localler Application and Acceptance by Localmingo

In order to publish and offer Tours on the Site, you shall apply online to open an account through the Site (“Localler’s Account”) and complete your public profile with your information such as personal details, photo, location and languages spoken (“Public Profile”). The application process may require telephone/ video-conference conversations, document submissions and reference checks. You shall not apply to open more than one Localler’s Account.

By applying on the Site you accept that we may screen you against third party databases or other sources, request reports from service providers, verify information such as name and address, and obtain reports from public records of criminal convictions, motor vehicle checks or an equivalent version of background checks in your local jurisdiction, during the application process or at any time while you keep your Localler’s Account open.

The opening of a Localler’s Account and publication of a Tour is at the sole discretion of Localmingo, and Localmingo reserves the right to refuse to publish or cancel any Localler’s Account and/or Tours for any reason.

You must provide accurate, current and complete information during the application process, and keep the information on your “Onboarding” and “Account Settings”, and information published on your Public Profile up-to-date at all times. We will only collect and use personal information from you in accordance with our Privacy Policy.

6. Use of the Site and Content

On and after your Localler’s Account is opened and approved, you will be able to complete your Public Profile, describe and publish the Tours you offer, upload images of the Tours, set the calendar preferences to indicate the dates that you will be available for booking, provide us with your banking and payout preferences, and set the price for the tour (“Tour Prices”). Tour Prices do not include additional fees or charges applied by Localmingo to Mingoers.

We reserve the right, at our sole discretion and without obligation to provide justification, to reject, disapprove, suspend, or remove any Tour listing submitted by you to our Site. This includes, but is not limited to, Tours that we determine (in our sole judgment) to:

Involve or promote cruelty to animals;
Appear unsafe or lack sufficient evidence of adequate safety measures;
Appear to involve illegal activities or violate applicable laws or regulations;
Lack credible information demonstrating that you have the necessary experience, qualifications, licenses, or permits to conduct the Tour; or
Otherwise fail to meet our standards, values, or requirements.

To keep the marketplace platform fair and consistent, we may review, disapprove, or remove a Tour listing if its pricing is unreasonably high or low, creates material inconsistency in search results, or does not accurately reflect the full price of the Tour. We may also remove or disapprove a Tour listing if its pricing renders the Tour uncompetitive on our platform compared to similar tours offered by the same provider on other channels.

You are solely and exclusively responsible for the accuracy, legality, safety, completeness and appropriateness of all content and information related to your Public Profile and Tours, regardless of whether such content or information have been reviewed or approved by us. Localmingo may review your Public Profile and Tour information at any time to ensure that it complies with the terms of these Localler Terms of Service. Our right to approve, disapprove, review, and/or remove any information or content submitted by you does not create any obligation on our part to monitor or verify the accuracy, legality, or safety of your Tours or activities. Our decision to approve the publication of your Public Profile or Tour does not constitute any endorsement or guarantee by us, nor does it shift liability to us in any way.

You are responsible for any activity on your Localler’s Account, and shall keep your password confidential. If you are aware that any person has entered your Localler’s Account without your permission, you shall inform Localmingo as soon as possible.

Once a Tour listing has been published, you must not make any material changes to the content, description, activities, safety measures, or any other aspect of the Tour that could affect its legality, safety, or compliance with these Localler Terms of Service, without our prior written consent. Any unapproved changes that render a listing inappropriate may result in its removal and other consequences as outlined in these Localler Terms of Service.

You may have access to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site ("Content"). By uploading, posting or otherwise making available any Content on or through the Site, you:

(a) Grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Content to access, use, reproduce, display, perform, adapt, modify, distribute, and promote the Content in any form, anywhere and for the purpose of selling and marketing Localmingo or the Tours offered by you, without your prior approval and/or notification.

(b) Warrant and represent that you own or otherwise control all of the rights to the Content and that use of your Content by Localmingo does not violate the rights of any third party; and

(c) In the event that the Content provided by you to Localmingo violates the rights of a third party, you agree to indemnify Localmingo against any losses and liabilities that may result from the action of such third party against Localmingo.

Content includes, without limitation, information in your Public Profile, your pictures, information related to your Tours, Tour Prices, and Tour pictures, whether images, text or otherwise.

You must not upload, publish, send and/or store any Content that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Mingoer, Localler and/or user; (iv) promotes illegal or harmful activities; (v) includes contact details (when provided prior to the booking confirmation); and/or (vi) contains watermarks or other unauthorised branding.

We reserve the right to remove, without prior notice, any Content alleged to infringe any intellectual property rights and/or unpublish any Tours that contain such Content.

We do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. You acknowledge that Localmingo has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Site.

7. Booking, Payment Collection and Commission

Mingoer may search for Tours through the Site without prior registration. You will be duly notified after a Mingoer requests a booking and you shall accept or decline such booking within the time period as set out in the notification email.

As compensation for the Site’s services, Localmingo retains a percentage of the Tour Price (the “Commission”). The applicable Commission is either (i) communicated to you at the time your Localler’s Account is approved, or (ii) if the default Commission applies, displayed when you create a new listing under the “Pricing” tab. Localmingo may increase or decrease the Commission, on a temporary or permanent basis, at its sole discretion, provided that you receive at least thirty (30) calendar days’ prior notice. The Commission is deducted from the gross amount charged to the Mingoer as the total Tour Price for the Tour.

Mingoer shall make payment of bookings by credit card or other forms of payment available through the Site. You hereby appoint Localmingo as your limited payment collection agent solely for the purpose of processing funds from Mingoer purchasing Tours. Localmingo uses third party payment providers to process these transactions. You agree that payment made by a Mingoer to you through Localmingo shall be considered the same as a payment made directly to you and you will provide the Tour as agreed with the Mingoer as if you have received the payment directly from the Mingoer. No payouts will be sent to you for a booking or Tour for which the Mingoer’s bank initiated a chargeback or for which Localmingo has not successfully received the related payment from the Mingoer. In accepting appointment as your limited payment collection agent, Localmingo assumes no liability for any of your acts or omissions.

We cover all fees charged by our payment service provider. However, any fees or charges applied by your own bank or other financial institutions are at your own expense.

Any taxes are to be deducted from the Tour Price and you are solely responsible for determining your obligations to report, collect, remit, or include in your Tour Prices any applicable taxes. You remain solely responsible for the reporting and payment of GST (or any equivalent taxes) applicable to You or your business. Localler must ensure that all taxes are paid in a timely manner and in full compliance with the relevant laws. By using Localmingo, you agree to fulfill your tax obligations.

In some situations, tax regulations may require us to collect appropriate tax information from Locallers, or to withhold taxes from payouts to Locallers and to remit such taxes to the applicable governmental authority, or both. In those cases, you will be notified by Localmingo of such situation and agree to provide us with the documentation and information that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payouts to you and authorize us to disclose payouts and tax information to your local tax and government authorities.

8. Localler Cancellation Policy

You agree with the terms of the Localler Cancellation Policy and that any cancellation on booking by you or by a Mingoer, and any related refund or remaining payouts owed to you, will be processed in accordance with the Localler Cancellation Policy in force at the time of the booking.

Localmingo may cancel any booking, in its sole discretion, if we believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to Localmingo. We will reimburse and/or refund you and/or the Mingoer in accordance with the reasons for cancellation and with the Mingoer or Localler Cancellation Policy (as the case may be).

9. Refunds & Set-Off

You agree that, regardless of any refund to the Mingoer in accordance with the Mingoer Cancellation Policy, in the following situations and subject to the Mingoer’s request, they will be eligible to a full or partial refund from you:

(a) You are a no-show;

(b) You arrive late and the Mingoer leaves the meeting point;

(c) You send a substitute guide to deliver your Tour (unless such substitute has been expressly approved by the Mingoer and Localmingo in writing prior to the delivery of the Tour);

(d) A substantial portion of the itinerary agreed with the Mingoer is not delivered;

(e) There are safety incidents during the Tour that adversely impact the whole experience;

(f) There are unexpected or additional costs incurred by the Mingoer and not included in the Tour Price and/or Tour description;

(g) Services which were included in the Tour description and/or agreed with the Mingoer are not, or will not be, available during the Tour.

Localmingo will process the requests and, if Localmingo determines that any of the aforementioned situations occurred, will deduct the refunded amounts and any costs incurred by Localmingo from any payouts to be sent to you. If no payouts are owed to you or if we are unable to offset the amounts from the payouts sent to you for any reason, You will reimburse Localmingo the amounts refunded to the Mingoer within ten (10) calendar days of Localmingo’ request.

We may, acting reasonably, set off, deduct, or adjust any amount that is or may become payable to you (including future payouts) to recover any sums that we have previously paid to you in error, any overpayments, chargebacks, refunds, disputed amounts, or other amounts owed to us or to a Mingoer arising from your activities on the Site. If we determine that a set-off or adjustment is required, we will notify you in advance and provide reasonable details of the basis for the adjustment. Where a set-off is insufficient to recover the amount owed, you agree to promptly reimburse us upon request.

Nothing in this clause limits our right to pursue any other remedies available under these Localler Terms of Service or applicable law.

10. Tour Price and Payout to You

When you provide your payout details with our payment service provider during onboarding as Localler, you will select your payout currency. Your Tour Price will automatically be charged in the same payout currency you select.

Mingoers will pay for Tour Price in your selected payout currency. The funds are collected through our payment service provider, and held in a designated holding account until the Tour is completed.

The full price of the Tour is charged to the Mingoer’s payment method typically 7 days prior to the start of the Tour. Upon completion of the Tour, your payout will be processed. Your payout (i.e. the take home price you requested) will consist of the Tour Price received from the Mingoer, less Localmingo’s Commission, and is subject to the terms of the “Refunds and Set-Off” clause above.

Payouts are generally released within one week after the Tour has been completed, and the processing time may vary depending on your financial institutions. However, if a Mingoer raises a dispute, complaint, chargeback, or refund request, your payout may be temporarily delayed while the matter is reviewed and resolved.

11. Rules of the Site

In order to maintain the reputation of the Site and other users offering services on the Site, you agree to the following provisions:

(a) Tour Offer. You may only offer your own Tours. You may not offer Tours as an intermediary or agent. Also, you shall publish Tours which are delivered personally by you. You cannot upload Tours that are identical or remarkably similar to other Tours uploaded by you on the Site.

(b) No Substitutes. Mingoers choose and connect with their preferred Locallers before the Tour. Mingoers expect that it is you who will deliver a Tour published by you. You must not send any substitute to deliver your Tours (unless your request for substitute is expressly agreed by both Localmingo and the Mingoer in writing prior to the delivery of the Tour). If there is any emergency situation and you will not be able to personally deliver your Tour, you shall immediately contact Localmingo and Mingoer. Localmingo, at its discretion and upon discussion with the Mingoer, may, cancel such booking, arrange for another Localler to deliver the Tour, accept a substitute recommended by you, and/or give a refund to Mingoer.

(c) Tour Description. You agree that all information contained in your Public Profile and Tour description is current and accurate. You agree that Mingoers may request a refund in case the description of your Tours do not match the services you provided.

(d) Contact Details. You agree not to give any personal contact details including phone number, email, social networks and/or your own website URL to Mingoers before you accept the booking nor give any information to the Mingoers that might result in the Mingoers booking from outside our Site.

(e) Communication. You agree that all communications with Mingoers must occur through the Site. Localmingo may also provide support to Mingoers via telephone or email. Localmingo reserves the right to monitor and review communications between you and Mingoers to ensure compliance with these Localler Terms of Service and the Mingoer Terms of Service. This includes, without limitation, removing content containing personal contact details before the booking request is accepted, or offensive language. You acknowledge that Localmingo does not screen or verify Mingoers. You are solely responsible for exercising caution and judgment when interacting with Mingoers and when disclosing any personal information. You agree that Localmingo and Mingoers may contact you via email, text message, phone call, or automated communication at the contact details provided in your Localler’s Account or otherwise supplied to Localmingo.

(f) Guidelines for Communicating With Mingoers. All communications with Mingoers must comply with our guidelines. In particular: (i) you must not ask a Mingoer to cancel a booking or to rebook a tour or experience with you outside the Site; and (ii) you must not request cash payments or any additional fees outside the Site, unless the Mingoer has explicitly requested extra services that are not included in the original booking.

(g) Active Account. Localmingo may decide to place your Localler’s Account on hold if, at Localmingo discretion, you do not keep your Localler’s Account active. This may include, but is not limited to, your inability, for a significant period of time, to have Tours published on the Site, to accept any bookings from Mingoers or to respond to messages from Us and/or the Travelers.

(h) Performance. You agree to perform the Tour and/or other services as agreed with the Mingoer and as detailed in your Tour description. In the event of illness or other exceptional circumstance, you agree to inform Localmingo and the Mingoers, and the Localler Cancellation Policy will apply.

(i) Safety. You are solely responsible for ensuring the health, safety, and well-being of all Mingoers at all times during the Tour. This includes, but is not limited to, providing appropriate instructions, supervision, and ensuring that any activities undertaken are conducted in a safe and lawful manner. You are solely responsible for supplying all necessary equipment and ensuring it is in safe, working condition and suitable for the Tour.

(j) Disclosure of Risks. If your Tour involves physical activity, heightened risks, or may be unsuitable for certain individuals (including, for example, individuals with medical conditions such as heart problems, mobility issues, or pregnancy), you must clearly disclose all such risks and limitations in your Tour description. You must inform the Mingoers of relevant safety procedures, keeping the relevant emergency numbers and being aware of the closest medical facilities at all times.

(k) Mingoer Information. You agree that you will not use the Mingoer’s information for any purpose other than to perform the Tour or other services contracted through the Site.

(l) Mingoer Disputes. You agree to work in good faith with Localmingo to address any Mingoer disputes or complaints.

(m) Reviews. After delivery of a Tour, Mingoers may leave a public review (“Review”) and submit a star rating (“Rating”), which will be published throughout the Site and in your Public Profile. Ratings or Reviews reflect the opinions of Mingoers and do not reflect the opinion of Localmingo. Localmingo may verify reviews for accuracy but does not warrant they are correct or accurate. Locallers are prohibited from manipulating the Ratings and Reviews in any manner.

(n) Intellectual Property. The Site is protected by copyright, trademark, and/or other laws. You acknowledge and agree that the Site, including all associated intellectual property rights, are the exclusive property of Localmingo and/or its licensors or authorizing third-parties. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of Localmingo.

(o) Licensing. You agree that you are and at all times will be in compliance with any and all licensing requirements and legal restrictions for any Tours or other services provided by you.

12. Insurance

You represent and warrant that, at your own expense, you will maintain:

Commercial or Public Liability Insurance: Appropriate commercial general liability or public liability insurance, in the types and amounts required by applicable law, for the entire period during which you provide Tours.
Commercial Auto / Motor Vehicle Insurance: If you provide Tours using private transportation, appropriate commercial auto liability or motor vehicle insurance, in the types and amounts required by law, for the duration of providing such Tours.
Third-Party Transportation Providers: If you engage a third party to provide passenger transportation services, you must ensure that such third party maintains appropriate commercial auto liability insurance, in the types and amounts required by law, for the duration of the services.

13. Disclaimer

Localmingo, its parent, subsidiaries, affiliates, directors, and employees (the “Localmingo Group”) do not publish, create, sell, control, offer, deliver, or supply any Tours or experiences to Mingoers. You, as a Localler, are not an agent, independent contractor, or employee of the Localmingo Group.

The Localmingo Group does not accept any responsibility and is not liable for, and you are solely responsible for, any direct, indirect, incidental, special, exemplary, punitive, or consequential loss or damage arising out of or in connection with, without limitation:

(a) The delivery or performance of any Tour;

(b) Your acts or omissions, including failure to perform a Tour or provide any related services; Any transportation or ancillary services associated with a Tour;

(d) Personal injury, death, or property damage to you, a Mingoer, or any other party; or

(e) Your representations, warranties, negligence, gross negligence, or wilful misconduct.

Localmingo’s responsibility is limited to listing and making Tours and other services available on the Site.

Due to the nature of the Localmingo platform, we do not guarantee continuous or uninterrupted access to the Site. The Site is provided on an “as is” and “as available” basis, without any warranty, express or implied, including but not limited to warranties of merchantability, non-infringement, quality, or fitness for a particular purpose.

To the maximum extent permitted by law, the Localmingo Group disclaims all warranties and conditions that the Site, its servers, content, or emails sent on behalf of Localmingo are free of viruses, malware, or other harmful components. Localmingo may also restrict Site availability as necessary for server security, capacity limits, maintenance, or to improve functionality.

14. Limitation of Liability

To the fullest extent permitted by law, the Localmingo Group is not liable to you or any third party for any direct, indirect, incidental, special, punitive, exemplary, or consequential loss or damage, whether arising in contract, tort (including negligence), statute, equity, or otherwise, even if the Localmingo Group has been advised of the possibility of such damages or they could have been reasonably foreseen.

If the Localmingo Group is found liable for any loss or damage arising out of or in connection with Localmingo services or a booking made through the Site, the Localmingo Group’s total aggregate liability is limited to the greater of: (a) The total commissions paid by you for the particular Tour giving rise to the claim; or (b) One hundred Australian dollars (AUD $100).

This limitation applies even if any limited remedy provided in these Localler Terms of Service is found to have failed its essential purpose.

Nothing in these Localler Terms of Service limits or excludes any liability that cannot be lawfully excluded under the Australian Consumer Law or any other applicable consumer protection law. You may have statutory rights that cannot be excluded, and this clause is subject to those rights.

15. Localler’s Responsibility and Indemnification

You agree to defend, indemnify, and hold harmless the Localmingo Group from all liabilities, claims, losses, damages, expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with, without limitation, (a) your use of the Site, (b) the delivery of any Tour, (c) your performance or failure to perform the Tour and/or your services, (d) any transportation service associated to any Tour, (e) any other service offered or delivered by you, (f) your acts or omissions, representations, warranties, negligence, gross negligence or wilful misconduct, (g) any personal, bodily injury, death, property damage to you, a Mingoer or any other party, and (h) your failure to accurately report, collect or remit taxes.

The Localmingo Group reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, in which case you agree to cooperate with the Localmingo Group in asserting any available defenses.

16. Dispute Resolution

If a dispute arises out of or in connection with these Localler Terms of Service or your use of the Localmingo Site or services, the parties agree to first attempt to resolve the dispute in good faith through informal negotiations. A party must provide written notice of the dispute to the other, and the parties will then engage in good faith discussions - whether by email, written correspondence, or any mutually agreed method of communication - to attempt to resolve the dispute.

The parties must use reasonable efforts to resolve the dispute within sixty (60) calendar days after the initial written notice (or such longer period as the parties may agree in writing). If the dispute is not resolved within that period, either party may commence formal legal proceedings.

Any legal proceedings must be commenced in the courts of the State of Victoria, Australia, which will have exclusive jurisdiction. These Localler Terms of Service are governed by the laws of the State of Victoria.

17. Litigation Class Action Waiver

To the extent allowed by applicable law, you agree that any disputes, claims, or proceedings between you and us will be conducted solely on an individual basis, and you agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.

18. Force Majeure

We shall be relieved from liability for partial or complete failure to fulfill obligations under these Localler Terms of Service due to force majeure circumstances. In case of force majeure, we shall notify you on the commencement and cessation of circumstances preventing Us from fulfilling our obligations.

19. Amendments to the Terms

We reserve the right, at our sole discretion, to modify or update these Localler Terms of Service at any time. If we make changes to these Localler Terms of Service, we will post the updated Localler Terms of Service on the Site. We will note the date that updates were last made to the Localler Terms of Service at the top of these terms, and the updated Localler Terms of Service will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Localler Terms of Service.

If you do not agree to the amended Localler Terms of Service, you will terminate your agreement under these Localler Terms of Service, and will stop accessing your Localler’s Account and cease using our services.

20. Term and Termination

These Localler Terms of Service will become effective immediately upon your application is sent pursuant to Clause 5 and shall remain effective unless terminated by either party as provided hereunder.

You may terminate your agreement under these Localler Terms of Service at any time by sending us an email. If you terminate your agreement to these Localler Terms of Service, any accepted bookings will be automatically cancelled, Mingoer will receive a full refund and no payouts will be sent to you for such bookings and for Tours not delivered by you.

Localmingo may immediately terminate these Localler Terms of Service without notice and cancel or limit your access to your Localler’s Account if (i) you materially breach these Localler Terms of Service, (ii) you violate any applicable law, (iii) Localmingo believes that such termination is required to protect Localmingo, the users of the Site or any other third party or (iv) your Localler’s Account remains inactive for sixty (60) calendar days.

In addition to the above, Localmingo may also immediately terminate these Localler Terms of Service, without notice, if Localmingo determines, in its reasonable discretion, that you have failed to meet Localmingo’s quality, reliability, or conduct standards, including but not limited to situations where you: (a) consistently receive negative reviews or ratings from Mingoers; (b) are the subject of repeated disputes, chargebacks, or booking cancellations resulting in refunds; (c) repeatedly cancel confirmed bookings or fail to fulfill accepted bookings; (d) consistently decline or fail to respond to booking requests without reasonable justification; or (e) engage in any other conduct, acts, or omissions that, in Localmingo’s judgment, undermine trust in the marketplace, harm the user experience, or otherwise fail to present yourself as a quality Localler.

If we terminate these Localler Terms of Service, we may refund Mingoers in full for any and all accepted bookings that have been cancelled, and you will not be entitled to any compensation for pending or accepted bookings that were cancelled.

When your agreement under these Localler Terms of Service has been terminated, you are not entitled to a restoration of your Localler’s Account and you shall not apply for a new Localler’s Account or access and use the Site through another Localler’s Account.

In the event of termination or expiration, the following clauses shall survive: Disclaimer, Limitation of Liability, Localler’s Responsibility and Indemnification, Term and Termination, Dispute Resolution, Litigation Class Action Waiver, and General Provisions.

21. Translation Interpretation

These Localler Terms of Service may have been translated if we have made them available to you on the Site. You agree that the original English text shall prevail in the case of a dispute.

22. General Provisions.

(a) Waiver. Failure by Localmingo to enforce any provision of these Localler Terms of Service shall not be construed as a waiver of any provision or right.

(b) Governing Law. These Localler Terms of Service, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

(c) Entire Agreement. These Localler Terms of Service constitutes the entire agreement between you and Localmingo with respect to the subject matter of these Localler Terms of Service.

(d) Severability. If any provision of these Localler Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.

(e) Successors. These Localler Terms of Service shall be binding on you and Localmingo, and their successors and assigns.

(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses:

To Localmingo: “Localmingo Pty Ltd, Suite 292 / 36-38 Gipps Street, Collingwood, VIC 3066, Australia”, and support@localmingo.com;
To you: to the email address listed in your Localler’s Account.

(g) Counsel. You agree that you have been advised to seek independent legal counsel of your own choosing regarding your rights, obligations and interests under these Localler Terms of Service.