Terms of Service

Terms of Service for EU users Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Kitchenswaps Platform, you agree to comply with and be bound by these Terms. Hi fellow Swappers! Thanks for using Kitchenswaps! These Terms constitute a legally binding agreement ("Agreement") between you and Kitchenswaps ApS (“Kitchenswaps”) governing your access to and use of the Kitchenswaps website, including any subdomains thereof, and any other websites through which Kitchenswaps makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Kitchenswaps Services"). The Site, Application and Kitchenswaps Services together are hereinafter collectively referred to as the “Kitchenswaps Platform” and all fall under the “Kitchenswaps” company. The Kitchenswaps Platform offers an online marketplace that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Users.” Hosts offer commercial kitchens (“Commercial Kitchens”) and each Host offers a “Listing”. In order to access and use the features of the Kitchenswaps Platform, all Members must register an account, and your account information must always be accurate and up-to-date. Users can reserve a Commercial Kitchen for a select period of time (short-term/long-term) determined by the availability in the Listing (“Booking”) and as further described in the Rental Agreement. As the provider of the Kitchenswaps Platform, Kitchenswaps does not own, control, offer or manage any Commercial Kitchens. Furthermore, Kitchenswaps is not a party to the contracts concluded directly between Hosts and Users, including the Rental Agreement, nor is Kitchenswaps a real estate broker or insurer. ● You are contracting with Kitchenswaps Aps., Ny Carlsberg Vej 80, 1760 København, Denmark. Our collection and use of personal information in connection with your access to and use of the Kitchenswaps Platform is described in our Privacy Policy. Any and all payment processing services through or in connection with your use of the Kitchenswaps Platform ("Payment Services") are provided to you by one or more Kitchenswaps Payments entities. Kitchen owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply in their jurisdiction to renting out their kitchen. Kitchen owners are also responsible for identifying and obtaining any required licenses, permits, or registrations necessary. Table of Contents User Terms 1. Our Mission. 2. Searching and Booking on Kitchenswaps. 3. Cancellations, Refunds and Booking Modifications. 4. Your Responsibilities. Host Terms 5. Hosting on Kitchenswaps 6. Managing Your Listing. 7. Cancellations and Booking Modifications. 8. Taxes. General Terms 9. Reviews 10. Content. 11. Fees. 12. Kitchenswaps Platform Rules. 13. Termination, Suspension and other Measures. 14. Modification of these Terms. 15. Resolving Complaints and Damage Claims. 16. Kitchenswaps’ Role. 17. Member Accounts. 18. Disclaimer. 19. Liability. 20. Indemnification. 21. Applicable law and Jurisdiction 22. Miscellaneous 23. Emails and SMS 24. Contact us User Terms 1. Mission Our mission is to remove the barriers within the food industry through shared experiences between food entrepreneurs of all backgrounds to realise their unique, culinary aspirations. From restaurant kitchens to food trucks, you can search through a large variety of Listings that fit your commercial kitchen needs. You can learn more about the listing by examining the photos, description, the equipment available, Host profile and User reviews. If any questions arise, you can message the Host. 2. Searching and Booking on Kitchenswaps 2.1 Searching You can search for Commercial Kitchens by using criteria like the type of Commercial Kitchen, Commercial Kitchen location and available dates for a Commercial Kitchen. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, location, reviews, Host requirements (e.g. minimum or maximum hours), and more. Learn more about search results in our Help Center. 2.2 Booking When you book a Listing as a User, you are agreeing to pay all charges for your booking including the Listing price and the Kitchenswaps’ service fee and other applicable fees including offline fees, taxes and any other items identified during checkout as stated in the booking confirmation (collectively, “Total Price”). You are also agreeing that Kitchenswaps Platform may charge and collect any security deposit identified during checkout. Before receiving the booking confirmation, the rental agreement is signed by the User and Host. When you receive the booking confirmation, a binding contract with Hosts is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services. 2.3 Commercial Kitchen Reservations A Commercial Kitchen reservation is a limited license to enter, occupy and use the Commercial Kitchen. The Host retains the right to re-enter the Commercial Kitchen during your booked hours, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable over hours penalties. You may not exceed the maximum number of allowed Users as agreed with the Host. 3. Cancellations, Refunds and Booking Modifications 3.1 Cancellations and Refunds If you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation as stated in the Rental Agreement. 3.2 Booking Modifications Hosts and Users are responsible for any booking modifications they agree to make via the Kitchenswaps Platform or direct Kitchenswaps customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification. 4. Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Commercial Kitchen. For example, this means: (i) you are responsible for leaving a Commercial Kitchen (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional user who is a minor or if you bring a minor to a Commercial Kitchen, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. Host Terms 5. Hosting on Kitchenswaps 5.1 Host As a Host, Kitchenswaps offers you the opportunity to share your Commercial Kitchen with our close community of Users - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing. 5.2 Contracting with Users When you accept a booking request, or receive a booking confirmation through the Kitchenswaps Platform, you are entering into a contract (the Rental Agreement) directly with the User, and are responsible for delivering the Commercial Kitchen under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Kitchenswaps’ service fee (and applicable taxes) for each booking. Kitchenswaps will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Users must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description. 5.3 Independence of Hosts Your relationship with Kitchenswaps is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Kitchenswaps, except that the Kitchenswaps Platform acts as a payment collection agent as described in the Payments Terms. Kitchenswaps does not direct or control your Commercial Kitchen and you understand that you have complete discretion whether and when to provide your Commercial Kitchen and at what price and on what terms to offer them. 6. Managing Your Listing. 6.1 Creating and Managing Your Listing The Kitchenswaps Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Commercial Kitchen, your price, other charges like cleaning fees, security deposits, offline fees, and any rules or requirements that apply to your Users or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Commercial Kitchen, but may have multiple Listings for a single property if it has multiple places to rent. 6.2 Know Your Legal Obligations You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Commercial Kitchen. For example: Some landlords and leases, or building owner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of commercial properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Commercial Kitchens (such as shortterm rentals, longer-term rentals, preparing food, serving alcohol for sale, or operating a vehicle). In some places, the Commercial Kitchen you want to offer may be prohibited altogether. Some jurisdictions require that you register Users who rent your Commercial Kitchen. Some jurisdictions have laws that create tenancy rights for Users and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer rentals. Check your local rules to learn what rules apply to the Commercial Kitchen you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Users and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice. 6.3 Search Ranking The ranking of Listings in search results on the Kitchenswaps Platform depends on a variety of factors, including these main parameters: ● User search parameters (e.g. number of Users, time and duration of the rental, price range), ● Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Commercial Kitchen, host status, age of the Listing, average User popularity), ● User booking experience (e.g. customer service and cancellation history of the Host, ease of booking), ● Host requirements (e.g. minimum or maximum rental lengths, booking cut-off time), and ● User preferences (e.g. previous rentals, saved Listings, location from where the User is searching). The Kitchenswaps Platform may allow Hosts to promote their Listings in search or elsewhere on the Kitchenswaps Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center. 6.4 Your Responsibilities You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Commercial Kitchen. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Kitchenswaps Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Users to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Kitchenswaps Platform in violation of our Off-Platform Policy. 6.5 Hosting as a Team or Organization If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing the Commercial Kitchen is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct the Kitchenswaps Platform to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide. 7. Cancellations and Booking Modifications 7.1 Cancellations In general, if a User cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Host, you should not cancel on a User without a valid reason under our Extenuating Circumstances Policy or which official documentation must be provided by the Host as verification, or applicable law. If you cancel on a User without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) Extenuating Circumstance arises, or (ii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the User, and by any other reasonable costs we incur as a result of the cancellation. If a User receives a refund after you have already been paid, or the amount of the refund and other costs incurred by the Kitchenswaps Platform exceeds your payout, the Kitchenswaps Platform may recover that amount from you, including by offsetting the refund against your future payouts. You agree that the Kitchenswaps Platform’s User Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Users. If we reasonably expect to provide a refund to a User under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation. 7.2 Booking Modifications Hosts and Users are responsible for any Booking Modifications they agree to make via the Kitchenswaps Platform or direct Kitchenswaps’ customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification. 8. Taxes 8.1 Host Taxes As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes"). 8.2 Collection and Remittance by Kitchenswaps In jurisdictions where the Kitchenswaps Platform facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize the Kitchenswaps Platform to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by the Kitchenswaps Platform are identified to Members on their transaction records, as applicable. Kitchenswaps may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by the Kitchenswaps Platform is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason. 8.3 Tax Information In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that the Kitchenswaps Platform may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Commercial Kitchen to facilitate accurate tax reporting by you, our Users, and/or their organizations. General Terms 9. Reviews After each Commercial Kitchen rental, Users and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by the Kitchenswaps Platform for accuracy and may be incorrect or misleading. 10. Content Parts of the Kitchenswaps Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Kitchenswaps a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where the Kitchenswaps Platform pays for the creation of Content or facilitates its creation, Kitchenswaps may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant the Kitchenswaps Platform the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that the Kitchenswaps Platform may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. The Kitchenswaps Platform does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. 11. Fees The Kitchenswaps Platform may charge fees (and applicable Taxes) to Hosts and Users for use of the Kitchenswaps Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Kitchenswaps Platform, service fees are non-refundable. Kitchenswaps reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2. 12. Kitchenswaps Platform Rules 12.1 Rules You must follow these rules and must not help or induce others to break or circumvent these rules. ● Act with integrity and treat others with respect a. Do not lie, misrepresent something or someone, or pretend to be someone else. b. Be polite and respectful when you communicate or interact with others. c. Follow our Nondiscrimination Policy and do not discriminate against or harass others. ● Do not scrape, hack, reverse engineer, compromise or impair the Kitchenswaps Platform d. Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Kitchenswaps Platform. e. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Kitchenswaps Platform or Content. f. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Kitchenswaps Platform. g. Do not take any action that could damage or adversely affect the performance or proper functioning of the Kitchenswaps Platform. ● Civil treatment of Commercial Kitchen h. Do not put the host’s kitchen in bad standing to the Food Safety Authorities. i. Follow the cleaning guidelines and uphold the minimum cleaning standards at all times as expressed by the Food Safety Authorities and the Host. j. Do not make use of any of the Host’s food and beverage products, machinery, tools and inventory stored in the Commercial Kitchen and entire Host venue unless communicated otherwise by the Host. k. Do not make use of any unauthorized areas outside the Commercial Kitchen space unless communicated otherwise by the Host. ● Only use the Kitchenswaps Platform as authorized by these Terms or another agreement with us l. You may only use another Users’ personal information as necessary to facilitate a transaction using the Kitchenswaps Platform as authorized by these Terms. m. Do not use the Kitchenswaps Platform, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent. n. You may use Content made available through the Kitchenswaps Platform solely as necessary to enable your use of the Kitchenswaps Platform as a User or Host. o. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. p. Do not request, make, or accept a booking or any payment outside of the Kitchenswaps Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions. q. Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by the Kitchenswaps Platform. r. Do not engage in any practices that are intended to manipulate our search algorithm. s. Do not book a Commercial Kitchen unless you are actually using the Commercial Kitchen. t. Do not use, copy, display, mirror or frame the Kitchenswaps Platform, any Content, any Kitchenswaps branding, or any page layout or design without our consent. ● Honor your legal obligations u. Understand and follow the laws that apply to you, including privacy, data protection, and export laws. v. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. w. Read and follow our Terms, Policies and Standards. x. Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein. y. Do not use the name, logo, branding, or trademarks of the Kitchenswaps Platform or others without permission. z. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with the Kitchenswaps Platform branding. aa. Do not offer a Commercial Kitchen that violates the laws or agreements that apply to you. bb. Do not offer or solicit prostitution or participate in or facilitate human trafficking. 12.2 Reporting Violations If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Kitchenswaps. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to the Kitchenswaps customer service team. If you reported an issue to local authorities, the Kitchenswaps may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report. 12.3 Copyright Notifications If you believe that Content on the Kitchenswaps Platform infringes copyrights, please notify us in accordance with our Copyright Policy. 13. Termination, Suspension and other Measures. 13.1 Term The agreement between you and Kitchenswaps reflected by these Terms is effective when you access the Kitchenswaps Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. 13.2 Termination You may terminate this agreement at any time by sending us an email or by deleting your account. Kitchenswaps may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Kitchenswaps may also terminate this agreement immediately and without notice and stop providing access to the Kitchenswaps Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Kitchenswaps, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice. 13.3 Member Violations If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Kitchenswaps believes it is reasonably necessary to protect Kitchenswaps, its Members, or third parties; Kitchenswaps may, with or without prior notice: ● suspend or limit your access to or use of the Kitchenswaps Platform and/or your account; ● suspend or remove Listings, Reviews, or other Content; ● cancel pending or confirmed bookings; or ● suspend or revoke any special status associated with your account. For minor violations or where otherwise appropriate as Kitchenswaps determines in its sole discretion, you will be given notice of any intended measure by Kitchenswaps and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Users, and by any other costs we incur as a result of the cancellation. 13.4 Legal Mandates Kitchenswaps may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3. 13.5 Effect of Termination If you are a Host and terminate your Kitchenswaps account, any confirmed booking(s) will be automatically cancelled and your Users will receive a full refund. If you terminate your account as a User, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Kitchenswaps Platform has been limited, or your Kitchenswaps account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Kitchenswaps Platform through an account of another Member. 13.6 Appeal If Kitchenswaps takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service. 14. Modification of these Terms Kitchenswaps may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Kitchenswaps Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Kitchenswaps Platform will constitute acceptance of the revised Terms. 15. Resolving Complaints and Damage Claims If a Member provides evidence that another Member damaged their real or personal property ("Damage Claim"), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to Kitchenswaps, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Kitchenswaps determines in its sole discretion that they are responsible for the Damage Claim, Kitchenswaps via Kitchenswaps Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. You agree that Kitchenswaps may seek to recover from you under any insurance policies you maintain and that Kitchenswaps may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Kitchenswaps requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of a Commercial Kitchen. 16. Kitchenswaps’ Role We offer a platform that enables Members to publish, offer, search for, and book a Commercial Kitchen. While we work hard to ensure our Members have great experiences using Kitchenswaps, we do not and cannot control the conduct of Users and Hosts. You acknowledge that Kitchenswaps has the right, but does not have any obligation, to monitor the use of the Kitchenswaps Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Kitchenswaps Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Kitchenswaps administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Kitchenswaps in good faith, and to provide Kitchenswaps with such information and take such actions as may be reasonably requested by Kitchenswaps with respect to any investigation undertaken by Kitchenswaps regarding the use or abuse of the Kitchenswaps Platform. 17. Member Accounts You must register an account to access and use many features of the Kitchenswaps Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Kitchenswaps Platform under the laws of Denmark, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Kitchenswaps if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Kitchenswaps Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 18. Disclaimer We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Host, Commercial Kitchen, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Kitchenswaps has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Kitchenswaps Platform. Kitchenswaps may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Kitchenswaps Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kitchenswaps Platform. 19. Liability Kitchenswaps acts as provider of the Kitchenswaps Platform and shall in no event be held liable for the actions or omissions of Users or Hosts accessing and using the Kitchenswaps Platform. Kitchenswaps shall not be liable for any consequential or indirect losses or damages, including, operating loss, loss of data, loss of profits, or any other types of loss on operations, loss of time, loss of profits, loss of data, loss of earnings, capacity, goodwill, image etc. or any other indirect loss suffered by you or any of your affiliates or associates. Our total liability in relation to our services delivered, including any aggregate damages or other compensation payable by Kitchenswaps, shall in no event exceed EUR 10,000. 20. Indemnification To the maximum extent permitted by applicable law, you agree to release, defend (at Kitchenswaps’ option), indemnify, and hold Kitchenswaps (including Kitchenswaps Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Kitchenswaps Platform, (iii) your interaction with any Member, rental of a Commercial Kitchen, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. 21. Applicable law and Jurisdiction These Terms are governed by and construed in accordance with Danish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Danish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Kitchenswaps’ place of business in Denmark. If Kitchenswaps wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Danish courts. 22. Miscellaneous 22.1 Other Terms Incorporated by Reference Our Host Guarantee Terms, Guest Refund Policy, User Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Kitchenswaps Platform, are incorporated by reference, and form part of your agreement with Kitchenswaps. 22.2 Interpreting these Terms Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Kitchenswaps and you pertaining to your access to or use of the Kitchenswaps Platform and supersede any and all prior oral or written understandings or agreements between Kitchenswaps and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Kitchenswaps. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 22.3 No Waiver Kitchenswaps’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. 22.4 Assignment You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Kitchenswaps’ prior written consent. Kitchenswaps may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected. 22.5 Notice Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Kitchenswaps via email, Kitchenswaps Platform notification, messaging service (including SMS and Whatsapp), or any other contact method we enable you to provide. 22.6 Third-Party Services The Kitchenswaps Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Kitchenswaps is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. 22.7 Google Terms Some translations on the Kitchenswaps Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Kitchenswaps Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. 22.8 Kitchenswaps Platform Content Content made available through the Kitchenswaps Platform may be protected by copyright, trademark, and/or other laws of Denmark and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Kitchenswaps and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Kitchenswaps Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Kitchenswaps grants you a limited, nonexclusive, non-sublicensable, revocable, non-transferable license to (i)access and view the Content made available on or through the Kitchenswaps Platform and accessible to you, solely for your personal and non-commercial use. 22.9 Force Majeure Kitchenswaps shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 23. Emails and SMS You will receive administrative communications from us using the email address or other contact information you provide for your Kitchenswaps account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Kitchenswaps Account. 24. Contact Us If you have any questions about these Terms please email us - we love to help. Thanks for swapping with us!