THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COOKS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR TABLES (DEFINED BELOW) AND HIKERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK TABLES. YOU UNDERSTAND AND AGREE THAT KITCHHIKE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COOKS AND HIKERS, NOR IS KITCHHIKE A BROKER OR AGENT. KITCHHIKE HAS NO CONTROL OVER THE CONDUCT OF COOKS, HIKERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TABLES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Kitchhike Content” means all Content that Kitchhike makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Kitchhike Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Hiker” means a Member who requests a booking of a Table via the Site, Application or Services, or a Member who has a meal and is not the Cook for such Table.
“Cook” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Table that is listed by a Cook as available for an offer via the Site, Application, and Services.
“Member” means a person who completes Kitchhike’s account registration process, including, but not limited to Cooks and Hikers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, national, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Kitchhike reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Site, Application and Services can be used to facilitate the listing and booking of foods and dishes with persons who are willing to cook such foods and dishes and offer them to the guest (“Tables”). Such Tables are included in Listings on the Site, Application and Services by Cooks. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Table or create a Listing, you must first register to create an Kitchhike Account (defined below).
As stated above, Kitchhike makes available a platform or marketplace with related technology for Hikers and Cooks to meet online and arrange for bookings of Tables. Kitchhike is not an owner or operator of properties, including, but not limited to, restaurants, café, other houses s, nor is it a provider of properties, including, but not limited to, restaurants, café, other houses. Kitchhike’s responsibilities are limited to:
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TABLES. KITCHHIKE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TABLES. KITCHHIKE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND MEALS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE HIKER’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Table or create a Listing, you must register to create an account (“Kitchhike Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Kitchhike Account with Third Party Accounts, by either:
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Kitchhike makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Kitchhike is not responsible for any SNS Content.
We will create your Kitchhike Account and your Kitchhike Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Kitchhike Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kitchhike reserves the right to suspend or terminate your Kitchhike Account and your access to the Site, Application and Services if you create more than one (1) Kitchhike Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kitchhike Account, whether or not you have authorized such activities or actions. You will immediately notify Kitchhike of any unauthorized use of your Kitchhike Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Table to be listed, including, but not limited to, the location, capacity, features, availability of the place the Table is served and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, the Member must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Table via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Hiker requests a booking of your Table, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Table in a Listing you post
You understand and agree that Kitchhike does not act as a contracting agent for you as a Cook. If a Hiker requests a booking of your Table, any agreement you enter into with such Hiker is between you and the Hiker and Kitchhike is not a party thereto. Notwithstanding the foregoing, Kitchhike serves as the limited authorized agent of the Cook for the purpose of accepting payments from Hikers on behalf of the Cook and is responsible for transmitting such payments to the Cook.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Table, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Table. Any Member wishing to book Tables included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Cooking” section of the Site, Application and Services.
If you are a Cook, Kitchhike makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Table. You acknowledge and agree that, as a Cook, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the place where the Table is offered, excluding the Hiker (and the individuals the Hiker invites to the Table, if applicable).
Kitchhike does not endorse any Members or any Tables. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Kitchhike with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Cook against Kitchhike regarding the remittance of payments received from a Hiker by Kitchhike on behalf of a Cook, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
If you are a Cook and a booking is requested for your Table via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Kitchhike in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you
The fees displayed in each Listing are comprised of the Table Fees (defined below) and the Hiker Fees (defined below.) Where applicable, Taxes may be charged in addition to the Table Fees and Hiker Fees. The Table Fees, the Hiker Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Hiker solely relating to a Cook’s Table are the “Table Fees”. Please note that it is the Cook and not Kitchhike which determines the Table Fees.
Kitchhike charges a fee to Hikers based upon a percentage of applicable Table Fees which are the “Hiker Fees”. The Hiker Fees are added to the Table Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Kitchhike will collect the Total Fees at the time of booking confirmation (i.e. when the Cook confirms the booking within 24 hours of the booking request) and will initiate payment of the Table Fees (less Kitchhike’s Cook Fees (defined below)) to the Cook within 24 hours of when the Hiker arrives at the applicable Table (except to the extent that a refund is due to the Hiker).
Each Cook hereby appoints Kitchhike as the Cook’s limited agent solely for the purpose of collecting payments made by Hikers on behalf of the Cook. Each Cook agrees that payment made by a Hiker to Kitchhike shall be considered the same as a payment made directly to the Cook and the Cook will make the Table available to Hiker in the agreed upon manner as if the Cook has received the Table Fees. Each Cook agrees that, Kitchhike may, in accordance with the cancellation policy selected by the Cook and reflected in the relevant Listing,
The Cooks, not Kitchhike, are solely responsible for honoring any confirmed bookings and preparing any Tables reserved through the Site, Application and Services. If you, as a Hiker, choose to enter into a transaction with a Cook for the booking of a Table, you agree and understand that you will be required to enter into an agreement with the Cook and you agree to accept any terms, conditions, rules and restrictions associated with such Table imposed by the Cook. You acknowledge and agree that you, and not Kitchhike, will be responsible for performing the obligations of any such agreements, that Kitchhike is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Kitchhike disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Kitchhike is not a party to the agreement between you and the Cook, Kitchhike acts as the Cook’s payment agent for the limited purpose of accepting payments from you on behalf of the Cook. Upon your payment of amounts to Kitchhike which are due to the Cook, your payment obligation to the Cook for such amounts is extinguished, and Kitchhike is responsible for remitting such amounts, less Kitchhike’s Cook Fees, to the Cook. In the event that Kitchhike does not remit any such amounts to a Cook, such Cook will have recourse only against Kitchhike.
Listings for Tables will specify the Total Fees. As noted above, the Cook is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Kitchhike in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Cook), any amounts collected by Kitchhike will be refunded to such Hiker, depending on the selections the Hiker makes via the Site and Application, and any pre-authorization of such Hiker’s credit card will be released, if applicable.
You agree to pay Kitchhike for the Total Fees for any booking requested in connection with your Kitchhike Account if such requested bookings are confirmed by the applicable Cook. In order to establish a booking pending the applicable Cook’s confirmation of your requested booking, you understand and agree that Kitchhike, on behalf of the Cook, reserves the right, in its sole discretion, to
Cooks may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Table. If a Security Deposit is included in a Listing for a confirmed booking of Table, Kitchhike will, in its capacity as the payment agent of the Cook, use its commercially reasonable efforts to obtain a pre-authorization of the Hiker’s credit card in the amount the Cook determines for the Security Deposit within a reasonable time prior to the Hiker’s check-in at the applicable Cook’s Table. Kitchhike will also use its commercially reasonable efforts to address Cooks’ requests and claims related to Security Deposits, but Kitchhike is not responsible for administering or accepting any claims by Cooks related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, Kitchhike collects service fees from Cooks and Hikers (“Service Fees”). Service Fees are made up of two (2) components:
Balances will be remitted by Kitchhike to Cooks via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Cook’s currency of choice, depending upon the selections the Cook makes via the Site, Application and Services. Please note that for any payments by Kitchhike in currencies other than Japanese Yen, Kitchhike may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
If you, as a Hiker, cancel your requested booking before the requested booking is confirmed by a Cook, Kitchhike will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If you, as a Hiker, wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the place where the Table is offered, the cancellation policy of the Cook contained in the applicable Listing will apply to such cancellation. Our ability to refund the Table Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available at https://kitchhike.com/cancellation_policy.
If a Cook cancels a confirmed booking made via the Site, Services, and Application,
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Kitchhike cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Cook is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
As part of the Services, Kitchhike provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Hiker) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Cook. The currency in which you will be charged will be determined by Kitchhike based on the payment method you select and the location of the Table in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Cook to receive payment, Kitchhike will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Kitchhike has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because:
You acknowledge and agree that, as a Hiker, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to the Table. In the event that a Cook claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Kitchhike Account. Kitchhike also reserves the right to charge the credit card on file in your Kitchhike Account, or otherwise collect payment from you and pursue any avenues available to Kitchhike in this regard, including using Security Deposits, in situations in which you have been determined, in Kitchhike’s sole discretion, to have damaged Cooks. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the applicable Cook or to Kitchhike (if applicable).
Both Hikers and Cooks agree to cooperate with and assist Kitchhike in good faith, and to provide Kitchhike with such information and take such actions as may be reasonably requested by Kitchhike, in connection with any complaints or claims made by Members relating to Tables or with respect to any investigation undertaken by Kitchhike or a representative of Kitchhike regarding use or abuse of the Site, Application or the Services. If you are a Hiker, upon Kitchhike’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Cook, at no cost to you, which process will be conducted by Kitchhike or a third party selected by Kitchhike.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
Kitchhike will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kitchhike may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kitchhike has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Kitchhike reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Kitchhike, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Kitchhike and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, Kitchhike grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application
Subject to your compliance with the terms and conditions of these Terms, Kitchhike grants you a limited, non-exclusive, non-transferable license, to
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kitchhike or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Kitchhike a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Kitchhike does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that:
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Kitchhike is not responsible or liable for:
All trademarks, service marks, logos, trade names and any other proprietary designations of Kitchhike used herein are trademarks or registered trademarks of Kitchhike. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Kitchhike and you hereby irrevocably assign to Kitchhike and agree to irrevocably assign to Kitchhike all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Kitchhike’s request and expense, you will execute documents and take such further acts as Kitchhike may reasonably request to assist Kitchhike to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Kitchhike respects copyright law and expects its users to do the same. It is Kitchhike’s policy to terminate in appropriate circumstances the Kitchhike Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KITCHHIKE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, HIKERS AND COOKS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KITCHHIKE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KITCHHIKE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TABLES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KITCHHIKE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TABLES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KITCHHIKE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COOKS OR HIKERS. YOU UNDERSTAND THAT KITCHHIKE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY TABLES. KITCHHIKE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, HIKERS AND COOKS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KITCHHIKE. NOTWITHSTANDING KITCHHIKE’S APPOINTMENT AS THE LIMITED AGENT OF THE COOKS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM HIKERS ON BEHALF OF THE COOKS, KITCHHIKE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HIKER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TABLES VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF KITCHHIKE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KITCHHIKE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY TABLES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KITCHHIKE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ESPECIALLY, UNDER NO CIRCUMSTANCE KITCHHIKE WILL BE RESPONSIBLE FOR FOOD INTOXICATION. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE COOKS PURSUANT TO THESE TERMS, IN NO EVENT WILL KITCHHIKE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY TABLES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TABLE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A HIKER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A COOK, THE AMOUNTS PAID BY KITCHHIKE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR TEN THOUSAND JAPANESE YEN (JPY10,000), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KITCHHIKE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Kitchhike and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
If you stay with Cook or anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who
These Terms constitute the entire and exclusive understanding and agreement between Kitchhike and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Tables made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kitchhike and you regarding bookings or listings of Tables, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kitchhike’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Kitchhike may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Kitchhike
These Terms will be interpreted in accordance with the laws of Japan, without regard to its conflict-of-law provisions. All the disputes between you and us shall be resolved by the Tokyo District Court as the agreed exclusive jurisdiction.
The failure of Kitchhike to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kitchhike. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact Kitchhike at email@example.com.