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Terms
Customer (Buyer) Terms
Customer (Buyer) Terms
J
Written by Javier Araya
Updated this week

1. Overview

"Welcome! This agreement outlines how your hotel can partner with Lilo and its marketplace, accessible through its websites (collectively, the "Site") and mobile applications (collectively, the "Application") (together, the "Services"). Throughout these Hotels /Buyer Terms of Service ("Hotel Terms"), the terms "Lilo," "us," and/or "we" refer to Torpedo Now Inc. (owner of Lilo). The terms "you" and/or "your" refer to you as a user of the Services as a Hotel. These Terms, along withLilo's Terms of Service (the "General Terms") and Privacy Policy, govern your purchase of goods as a Hotel through the Services. These Hotel Terms reference and link to various Lilo policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Hotel Terms. You hereby acknowledge and agree to the terms and conditions set forth below. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Hotel Terms, the word "include" or "including" means "including, but not limited to".

2. Key Definitions

  1. "Vendor" means a seller who offers to sell and/or sells its goods to Hotels through the Services.

  2. "Hotel" or “Buyer” means a buyer who purchases goods through the Services for the primary purpose of use in their accommodation business operations.

3. Account Registration – Hotel Account

Hotel Account. To purchase goods through the Services as a Hotel, you must register, create a hotel account, and be approved by Lilo ("Hotel Account"), as further set forth in the General Terms. We reserve the right to deactivate your account if we find that you are in breach of these Hotel Terms, including in the event that you are selling products in non-Lilo approved locations or on other platforms other than Lilo (as further set forth in these Hotel Terms).

Qualifications. To qualify for a Hotel Account, Hotels must have a physical hotel, or a physical space rented out to your customers that is open and ready for business. You must also have, and upon request provide proof of, a valid business permit or ID (or your state’s or region’s equivalent documentation).

4. Product and Content Compliance

You acknowledge and agree that Lilo is not required to determine whether the products sold on the Services, or any Content related thereto: (i) abide by Lilo’s Product Guidelines and/or are not prohibited under Lilo’s Product Guidelines; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labeling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (iv) are allowed to be sold from the Vendor’s jurisdiction and/or into your jurisdiction; and/or (v) are allowed to be used by you from your jurisdiction into your customer’s jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Vendors and their products. You hereby release Lilo from any liability with respect thereto and agree to indemnify, defend, and hold Lilo harmless for any claims as set forth in the Indemnification section below.

5. Orders

  1. Prohibition on Fulfillment Using Third Party Websites. You agree not to resell orders on third-party websites unless they are approved by Lilo. Prohibited sites include Amazon, eBay, Etsy, and Poshmark.

  2. Order Minimums. Vendors may specify a minimum dollar amount a Hotel must spend before a Vendor is willing to sell to a Hotel (an "Order Minimum"). This amount is set by each Vendor and may vary between Vendors. Vendors have the option to set a different Order Minimum for first orders and reorders placed by Hotels.

  3. Right to Refuse. You acknowledge and agree that Vendors and/or Lilo may refuse to complete your purchase for any reason.

  4. Inventory. Lilo will encourage Vendors to have sufficient inventory to sell goods to Hotels. However, you acknowledge and agree that Lilo does not guarantee a Vendor's inventory or that there will be enough product to sell to you.

  5. Testers and Samples. Vendors may sell or give away testers. This allows you to try products before purchasing larger quantities. You may add only one tester per product SKU to any full order. Samples are currently not made available by a Vendor. Please note that in the event you purchase testers, they are non-returnable and non-refundable.

  6. No Circumvention. You acknowledge and agree that you will place all orders for a Vendor's product through the Services for any Vendor that you are first introduced to through the Services. You acknowledge and agree that you will not influence Vendors or otherwise circumvent Lilo’s process or the Services by transacting orders with Vendors you were introduced to through the Services outside of the Services. Failure to comply with this provision may result in temporary suspension or permanent termination of your Hotel Account and your ability to purchase products on Lilo in the future.

  7. Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive the product that you order through the Services. Lilo does not offer drop shipping to customers of Hotels. Hotels are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.

  8. Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including sales taxes, as well as any other payments or filings required under applicable law. You hereby release Lilo with respect thereto and agree to indemnify, defend, and hold Lilo harmless against any and all such taxes, contributions, penalties, and/or interest.

6. Account Types and subscriptions

Lilo offers two types of accounts to accommodate the needs of our hotel partners: Basic and Pro.

Basic Account: The Basic Account is offered free of charge and is designed to provide hotels with access to purchase products and services exclusively from Lilo Premium Vendors.

Pro Account: The Pro Account is designed for hotels seeking a comprehensive suite of features, including but not limited to, the ability to add multiple users, connect their accounts to their own selected vendors, and receive up to 4% cashback from purchases made through Lilo Premium Vendors. Fees for Pro Accounts are determined on a case-by-case basis, taking into account factors such as hotel size, location, and contract size.

Subscription Fees and Period

Pro Account access is subject to fees agreed upon on a one-to-one basis. Subscription fees are billed in advance and may be on a recurring and periodic basis, which will be agreed upon during the subscription setup process.

At the end of each billing period, Pro Account subscriptions will automatically renew under the same conditions unless the hotel opts to cancel or modify the subscription in accordance with the cancellation policy outlined below.

Subscription Cancellations

Pro Account holders may cancel Subscriptions at any time, provided that there are more than 5 business days prior to the end of the current billing cycle. In the event that a Subscription is terminated within 5 business days prior to the end of the current billing cycle, the Subscription will remain active until the end of the following cycle. There will be no refunds issued for fees already paid for the current subscription period, but access to Pro Account features will continue until the end of the current billing cycle.

Except as required by law, subscription fees are non-refundable. Lilo may, at its sole discretion, consider refund requests on a case-by-case basis.

Billing

Account holders are required to provide Lilo with accurate and complete billing information including full name, address, contact number, and a valid payment method.

In the event of a billing failure, Lilo will issue an electronic invoice requiring manual payment within a specified deadline, corresponding to the upcoming billing period as indicated on the invoice.

Fee Changes

Lilo reserves the right to modify subscription fees for Pro Accounts at any time. Any change in subscription fees will be effective at the end of the current billing period.

Lilo will provide reasonable prior notice of any changes in subscription fees to allow account holders the opportunity to cancel their subscription before any changes take effect.

Continued use of the Pro Account after a subscription fee change signifies agreement to the new fee structure.

Marketplace Payments

  1. Lilo Premium Vendors Payment Methods. To make a purchase, you must link an approved payment method (such as a credit, ACH information or debit card, but excluding pre-paid cards)) with your Hotel Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Hotel Account and/or purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees that may accrue. You authorize Lilo and/or its affiliates to charge the payment method with the information you have supplied to Lilo and/or to credit that payment method to make any necessary adjustments. Lilo reserves the right to correct any errors in pricing. We will charge your default payment method on file in your Hotel Account. If it fails, we reserve the right to charge any other payment method you have included in your Hotel Account.

  2. Payment Processors. Lilo uses third-party service providers for credit card payment processing, fraud alerts, payment processing, and disbursement of funds to Vendors. You acknowledge and agree that Lilo may share information about you with those payment processors to complete the transaction.

  3. Payment Accounts. For purchases from Lilo Vendors, Lilo offers two types of payment accounts depending on the type of Hotel business (as described below): (1) Net 30 Terms Account ("Terms Account"); and (2) Payment on Order Account:

    • Terms Account. Lilo offers certain Hotels the option to purchase products with a Terms Account. To be eligible for a Terms Account, you must be approved by Lilo. Your account may be reviewed for terms once your first order is placed and before it begins processing. If you are eligible for a Terms Account, then Lilo will not charge your account until invoices are due 30 days after the order is placed. However, you have the option to pay your invoices sooner by logging into your Hotel Account and paying any outstanding invoices. Lilo reserves the right to have spending limits under this type of account. Once you either return the products (if eligible) or pay for the products, your credit balance will decrease. You may request to have your credit limit increased by requesting to do so in your Hotel Account. Any purchases made over the credit limit must be paid upon shipment. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.

    • Payment on Order Account. If you are not eligible for a Terms Account, you must make payment when the product is shipped by the Vendor. Your method of payment will automatically be charged once the order is placed.

  4. Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make timely payment for any goods you ordered through the Services, Lilo may, at its option and without notice to you, demand immediate payment of all outstanding invoices, cancel or suspend orders, suspend or revoke your line of credit, offset monies that may be owed to you, assess late payment penalties at the highest rate allowed by law, and/or temporarily suspend or permanently terminate your Hotel Account. Lilo reserves the right to turn your account over to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt.

7. Shipping Costs and Lead Times

  1. Shipping Costs. Unless Lilo has authorized free shipping, you are responsible for and agree to pay for all shipping costs displayed on your invoice as well as any customs and/or duties on international orders. Shipping costs will be included in your invoice. Shipping costs will vary depending on the weight of the package and where the package is being shipped from.

  2. Lead Times. You acknowledge that lead times (the time it takes for a Vendor to prepare and ship a product) vary. Average lead times are displayed on the Vendor's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Vendor accepts the order, the expected ship date will be updated in your Hotel Account. You will receive a notice once the product has shipped, giving you a tracking number and letting you know the cost of shipping. This information is also available in your Hotel Account.

8. Returns, Refunds, Cancellations

  1. Returns. At the moment, Lilo offers no returns placed with any Vendor.

  2. Refunds and Cancellations. If you receive a product that is damaged, the shipment includes missing items, or you do not receive the product by the expected ship date, you must report the issue within 14 days of receiving the product to Lilo and the Vendor. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory.

Lilo reserves the right to accept or reject any missing or damaged report filed by a Hotel in its sole reasonable discretion, including in the event Lilo suspects any fraudulent activity. Lilo's decision whether to accept a damaged or missing claim shall be final.

9. Product Content

Limited License. Lilo displays various Content related to the products, including photographs, product descriptions, Vendor stories, and any other related content for sale on its Services. You are granted a limited, revocable license to use Content related to a product that you purchase on the Services on your own hotel's website for the sole purpose of reselling that same product. Notwithstanding the foregoing, you agree that you will not use any such Content in any ad or media campaign, including postings, emails, ads, or any other communication on Facebook, Instagram, or Google, among others, without the express written consent from the owner of that Content.

You acknowledge and agree that you are merely a licensee of the Content and that you do not own, and will not claim any ownership rights in, the Content. You further acknowledge and agree that Lilo is not responsible, nor shall Lilo be held liable, for any Content, and Lilo makes no representation or warranty that the Content does not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or contain libelous or otherwise unlawful, abusive, harassing, or obscene material, or result in the violation of any applicable law or regulation.

10. Disputes

For any disputes regarding an order or product from a Vendor, you agree to try to informally resolve the dispute directly with the Vendor using Lilo Messenger. Vendors are primarily responsible for resolving concerns about their products. If you are unable to reach a resolution, contact Lilo for assistance. You agree that Lilo has no duty or obligation to resolve any issue you have with a Vendor, and you hereby release Lilo from any and all liability relating to any dispute you have with a Vendor.

11. Indemnity

You agree to defend, indemnify, and hold Lilo, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, and third-party content providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Hotel Terms, the General Terms, and/or any law or the rights of a third party, and/or your use of or participation on the Services.

12. Termination

If you breach any of these Hotel Terms, Lilo reserves the right to temporarily suspend or permanently terminate your Hotel Account, these Hotel Terms, and/or the General Terms in its sole discretion and without prior notice to you. Lilo will strive to use its termination rights reasonably and in line with industry practices. Lilo reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event Lilo terminates these Hotel Terms, your Hotel Account, and/or the General Terms due to your breach, you will remain liable for all amounts due hereunder.

You may terminate your relationship with Lilo at any time by contacting your account manager.

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