Kitch Website Terms and Conditions (or “T&Cs”)
Last Updated: May 17, 2021
Welcome to Kitch. We’ve developed an online marketplace to help people (1) list their commercial kitchens and (2) hire these kitchens for food businesses. We did our best to make these Terms and Conditions easy to read and understand. We recommend that you read it carefully as it governs your use of our platform to book and list spaces and services.
Importantly, this Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Section 4 below. If you do not agree to all the terms and conditions of this Services Agreement, including those governing disputes in Section 4, you may not use our platform or services.
When the T&Cs mentions “Kitch,” “we,” “us,” and “our,” it refers to Use Kitch, Inc., located at 19 Morris Ave, Building 128, Brooklyn, NY 11215.
Terms and Conditions
These Kitch Website Terms and Conditions (“T&Cs”) is a contract between Kitch and the person or entity that registered with Kitch (“user” or “you”). This Agreement describes the terms and conditions that apply to your use of the Kitch marketplace to directly book or list spaces or other services through our website or apps, and governs your hiring spaces for other users; and establishes the obligations owed between you and Kitch, and between you and other users.
We provide services to a User through a web-based Platform, which helps users connect with each other to book commercial kitchens, but do not endorse any specific Hosts, restaurants, delivery platforms, kitchens, or Guests or Supportive Services registered with or offered through the Platform. Any designations or badges provided through the Platform are based on the information we have available to us which may be provided by other users or third parties and which may be inaccurate or out of date and do not constitute endorsement. Each user is independent, and Hosts and Guests are independent contractors, unaffiliated with Kitch, that are solely responsible for the character, quality, utility and provision of any Space or Service they provide or do not provide to you.
These T&Cs is organized into 5 sections:
Section 1: General Terms includes general terms describing your Account including creating an account, accepting or making payments, how we communicate with you, and termination or suspension of this Agreement or your Account.
Section 2: Platform and Service describes how you may and may not use the Platform and Service, and also describes how we use any data.
Section 3: The Kitch Services establishes the obligations of Hosts, including how to List a Space and what is expected of any Space Listed through the Service; and the obligations of Guests, including Booking a Space, expected behavior, responsibility for payment of Fees, and Booking other services.
Section 4: Disputes and Binding Arbitration describes the process of resolving any disputes. This section contains waivers of both class actions and jury trials, and an agreement to submit all claims and disputes to binding arbitration. Please read this section carefully before accepting this Agreement. You may not use the Platform or Services if you do not agree to this section.
If you have questions about this Agreement, please contact us. Your use of the Platform or Services constitutes your ongoing acceptance of this Agreement, as amended.
1. General Terms
i. Who We Are. Kitch is a unique marketplace provider that connects commercial kitchens to food businesses. We offer several different services to our users. There are three types of Kitch users: 1) a Guest (or “Guest”) (our users who hire kitchens and/or use Supportive Services); 2) Hosts (or “Hosts”) (our users who control the use of Kitchens and allow use to Guests for a fee); and 3) Vendors (our users or third-parties who offer Vendor or Supportive Services to Guests). The Kitch Platform (“Platform”) is the online marketplace that provides our users the tools to connect, communicate, and transact with, and advertise to, each other directly through the Platform. We are continuously improving the Platform for all users and reserve the right to make changes in our discretion. Changes we make to the Platform, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform adversely affect how you use them.
ii. The Kitchens. Hosts may use our Platform to offer a commercial grade kitchen (a “Space” or “Kitchen”) and related services to a Guest to use for a specific time and purpose (a “Booking” or “Bookings”) using our Platform. The details of each Space, including its availability, Listing Price, equipment offered, rules, and other terms are provided in a “Listing.” Please note, Kitch does not own, lease, or control the Spaces listed, and does not make decisions surrounding whether to accept a Booking. In addition, Hosts may provide goods or services for a Booking at an additional cost (“Host Add-Ons”). Hosts are solely responsible for their Spaces and Listings.
iii. Supportive Services. Kitch may provide visibility to a service to help users supplement a Booking (not provided by the Host or Guest). For example, the supplying of cleaning, marketing or printing services during a Booking is a Supportive Service. Supportive Services may also include helping a Host in identifying specific Guests, helping a Guest in scouting Spaces, or assistance in Booking planning.
b. Using Our Services
i. Eligibility. You must be at least 18 years of age and able to enter into legally binding contracts in order to access and use the Platform, create an account, or utilize any of the Services. By using the Platform and our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. You represent that you will comply with all export control laws in your local jurisdiction.
ii. Third-Party Services, Supportive Services and Content. Our Platform is made available to you in connection with the offering of third party services, Supportive Services and other content that Kitch does not control. Kitch does not endorse any such services or content and Kitch shall not be liable or responsible for any third-party services or other content that you use on the Platform.
iii. Planning a Booking. Our Platform allows Hosts to connect to Guests or other third-parties to plan Bookings. Hosts control the availability, quality, and terms of their Listings and Supportive Services. It is the Hosts’ responsibility to evaluate each Guest and Vendor with whom you choose to contract, communicate, or otherwise interact. Kitch is not responsible for the content posted by our users, nor are we responsible for the quality of Spaces or Supportive Services offered. We do not assume any responsibility for the confirmation of any user’s identity, however, notwithstanding the foregoing, and as permitted by applicable laws, we may, but have no obligation to, take efforts to verify the identity of users and/or screen them against public and private databases for the purposes of Booking fraudulent activity and providing a safe transacting community.
iv. Bookings. When users enter into Bookings with one another (e.g. when a Host confirms a Booking request from a Guest or when a Guest or Host purchases Supportive Services for a Booking), they enter into a contract directly with one another, as well as with Kitch. This contract is called the “Booking Agreement” which contains the Scope, Term, Payment and any other pertinent details. The Booking Agreement incorporates this T&Cs in its entirety. Kitch is not a party to the direct contract between users, with the exception of our inclusion as a Limited Collection Agent and a service provider related to maintaining the Platform for use by users. Kitch is not acting as an agent for any user, except for as specified in Section 3 (Using Supportive Services) and Section 1 (Appointment of Kitch as a Limited Collection Agent).
v. Communication with Kitch. You agree that Kitch may contact you by telephone, text messages or SMS (including by an automatic telephone dialing system), through electronic messaging on the Platform, or via email at any of the communication methods provided by you or on your behalf in connection with your Account, for purposes such as Account management and support. Kitch will not send you marketing content unless you opt in to receiving such content. You specifically consent to receive communications related to your Account through text messages, SMS, or other communications sent to your mobile device (“Mobile Notifications”) as covered by the TCPA, CAN-SPAM, and other related state laws. Standard mobile rates will apply for any Mobile Notifications you receive. You may stop receiving these Mobile Notifications at any point by responding to such message with “STOP” or following the instructions included in a message. However, if you do so, you may miss critical messages related to your Account. We are not responsible for and disclaim all liability for all harm or losses caused by disabling Mobile Notifications. Please contact us if you experience issues when attempting to stop Mobile Notifications.
vi. Communications with Other Users. The Platform allows you to communicate with other users without disclosing information legally considered personal information or personally identifying information (“Sensitive Information”). You may use the Platform only as permitted in these T&Cs. You may not use the Platform to send messages that are unwanted or unrelated to Booking through the Platform, harass or attempt to market other services to users, or to solicit and/or send spam. We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing Sensitive Information with other Users, or communicating or engaging with Users outside of the Platform. Users are prohibited from using the Kitch platform to facilitate contracts outside of the Platform. Contracts created outside of the Platform will result in contract breach/termination and a User may be banned from the Platform at Kitch’s sole discretion. More information regarding appropriate communications conduct when using Kitch is included in our Community Guidelines below. Kitch, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.
vii. Compliance with the Law. You will comply with all Laws applicable to your use of the Space, use of the Platform and Supportive Services, whether as a Host, Guest, or Vendor. While we may provide information to help you understand certain obligations of using various Services, we are not authorized to provide and do not provide any legal advice. If you are unsure how to comply with Laws that pertain to you, you should seek legal advice related to Listing or Booking a Space. As used in this T&Cs, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements.
viii. Contractual Disputes Between Users. Kitch may facilitate the resolution of disputes between users as a courtesy, but does not become a party to any contract by doing so. Hosts and Guests are independent third-parties and are not affiliated, controlled by, or employed by Kitch. Hosts and Guests understand that the use of the Platform and Services is subject to the T&C, and the contract is between the Host and the Guest solely. Hosts and Guests set their own prices, use their own facilities and resources, and may condition use of Spaces or Supportive Services as they feel is appropriate for their business. For more on Dispute Resolution, see Section 4 (Dispute Resolution).
ix. Your Legal Rights: PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY AGREEING TO THESE TERMS, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THAT YOU ARE BOUND TO A LEGAL AGREEMENT BETWEEN YOU AND KITCH PURSUANT TO THESE TERMS.
These Terms govern your access or use of the Platform. The Platform allows Hosts to create Listings for Hosts’ kitchens and Guests may learn about and book kitchens directly with Hosts. EXCEPT AS A THIRD-PARTY PAYEE (see below), KITCH IS NOT A PARTY TO ANY FACET OF ANY AGREEMENTS ENTERED INTO BETWEEN KITCHEN HOSTS AND GUESTS, NOR IS KITCH (1) AN INSURER OF ANY OPERATION IN A KITCHEN, (2) KITCH HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE KITCHENS, APPLICATION OF SERVICES IN ANY KITCHENS, (3) AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
c. Your Account
i. Registration. Before using the Platform or Services (with the exception of browsing listings and accessing our website information), you must create an account with Kitch (“Account”) and provide us with information about yourself or your company. If you are registering on behalf of a legal entity, you represent and warrant that you have the authority to legally bind that entity and grant all rights, permissions, and licenses contained in this T&Cs or any other applicable terms. Misrepresenting your affiliation or association with an entity may result in immediate termination of your Account, ineligibility to participate in any of our Services, monetary damages, and Kitch reporting the misrepresentation to the appropriate legal authority.
ii. Account Security. You will be required to provide an email address and password to keep your Account secure (“Credentials”) and agree to keep your Credentials private and secure. You are responsible for any actions associated with your Account whether or not authorized. You are solely responsible for the actions or communications of your employees, representatives, hires, or agents (“Agents”). We are not responsible for and disclaim all liability for use of your Account by your Agents. You may not assign or transfer your Account to another party without our prior written consent from Kitch.
iii. Account Updates. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about Spaces or payment information. You are required to update all Account information necessary to maintain compliance with this T&Cs, including but not limited to maintaining proper contact information and payment information.
iv. Account Termination By You. You may terminate your Account at any time via the Platform or by notifying us in writing. You are responsible for all activity associated with your Account made before it is closed including: (i) payment of Fees, Taxes, Fines or other charges; (ii) providing use of Spaces to Guests as previously Booked; or (iii) other liabilities caused by or resulting from use of the Platform or Service, including a direct contractual relationship with another User (i.e. a Host, Guest or Vendor). We may retain Content and continue to display and use any public Content (including comments or reviews of Spaces) after your Account is terminated. Termination of your Account does not terminate any contractual arrangements you have with third parties, including any obligations to government entities for tax purposes.
v. Account Termination By Us. We may suspend your Account, including your ability to communicate with other users, receive payments, or complete Bookings, or terminate this T&Cs and your Account at any time based on our sole discretion without limitation. We are likely to terminate your account if (i) we believe that use of your Account poses a risk to Kitch, you, other users, or third parties; (ii) there is evidence of actual or potential fraud by you or on your behalf; (iii) you fail to respond to communications from us or other Users; (iv) you attempt a direct contractual relationship with another user to circumvent Kitch or the Platform, or (v) you fail to comply with this T&Cs and associated policies including the Community Guidelines and Cancellation and Refund Policy or any applicable Law.
vi. Survival. Upon termination of this T&Cs or any agreement between you and Kitch, the clauses of this T&Cs that reasonably should survive termination will remain in effect.
d. Fees and Taxes
i. Fees and Payments. You understand that Kitch may initiate charges to you for the goods or services you receive. By using our Services, you authorize Kitch to receive and/or enable your payment of applicable charges for the goods or services (including Supportive Services) obtained through your use of the Platform.
ii. You additionally acknowledge and accept that, as between you and Kitch, Kitch may revise charges for any Supportive Services obtained through use of the Platform at any time in Kitch’s sole discretion. Kitch will make reasonable efforts to inform you of the charges incurred through your use of the Platform Services, but you will be responsible for all charges incurred under your Account regardless of your awareness of such charges.
iii. The charges you incur may be owed directly to Kitch or third party service providers, and Kitch will collect those charges from you, on the third party’s behalf as their limited collection agent, and payment of such charges by you will be considered the same as if made directly by you to the third-party service provider. Kitch reserves the right to otherwise collect payment from you and pursue any remedies available to Kitch in circumstances in which you are deemed liable or owing for any unpaid fees, damages, fines or other sums for which you are responsible, as decided by Kitch in its sole discretion and in accordance with this T&Cs, the applicable policy set by Kitch, and/or the terms of the Booking Agreement mentioned in the Listing.
iv. Fees Charged by Kitch. Kitch charges services fees to Users in exchange for use of the Platform, Platform Services or for providing Supportive Services. Hosts are charged Host Fees; Guests are charged Guest Fees, and Third Party Vendors are charged Vendor Fees (collectively “Service Fees”). All applicable Service Fees and Taxes will be displayed to the applicable user prior to completion of a Booking. Kitch reserves the right to alter or amend its fees at any time and such changes will become effective after reasonable notice has been given.
e. Host Charges and Additional Fees. A Booking provides a limited use of a Space or Vendor Service as described in the Listing and Booking Agreement, if applicable, for which the Host charges a fee (the “Listing Price”).
i. If the Host offers Host Add-Ons in a Booking, the Host may also charge a Host Add-On Fee. If you remain in or continue working in a Space or Booking beyond that specified in your Booking you will be responsible for payment of additional Fees (“Additional Fees”) as described on the Fees, Cancellations & Refunds. We understand that there will be ebbs and flows of Booking usage, but Guests regularly using a Space beyond what has been identified in a Booking description may be charged Additional Fees.
ii. Guests are solely responsible for any damage done to the Space by anyone attending or working at your Booking. Hosts must notify us within 72 hours of a Guest regularly exceeding the permitted use of the Space and specifically request payment of Additional Fees. Users agree that Kitch may, in its sole discretion, determine whether a Host is entitled to receive Additional Fees in accordance with this T&Cs, the applicable policy set by Kitch, and/or the terms of the Booking Agreement between the Guest and Host mentioned in the Listing.
f. Prepaid Fees. Bookings may require you to provide a portion of prepaid Fees or a deposit in advance, as well as a security deposit (“Deposits”). All Fees and Deposits, as applicable, will be identified prior to completing your Booking. Fees and Deposits will be held by Kitch. Deposits may be credited to your Booking or returned when the Space is returned in acceptable condition and free of any material damage. While we may facilitate the collection of Fees and Deposits for Hosts, once remitted to Hosts, we are not responsible for the return of Fees or Deposits to Guests, where applicable.
g. Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Spaces or Supportive Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Kitch will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Space, or providing or using Supportive Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Kitch for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this T&Cs including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this T&Cs or misuse of the Platform, Services, Space, or Supportive Services (collectively, “Fines”). You understand and agree that Kitch does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes.
h. Payment. You will timely and fully pay any Fees, Deposits, Taxes, Fines, or other amounts you owe under this T&Cs. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as direct debit, wire transfer, or cashiers’ check). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses. In our discretion, any late payments of more than 7 days may incur a late charge of up to ten percent (10%) and accumulate interest of ten percent (10%) per month until delinquency is resolved. We may use any legal means available to us to collect delinquent payments, including collections agencies or court filings.
i. Payment Processing. Acceptance and payment of funds between users or Kitch on the Platform (“Payment Processing”) is provided by a payment processor of our choice. Your use of Payment Processing is subject to any processing agreement as used by the payment processor, and may be modified by them from time to time (collectively, the “Processing Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to the processor. All bank and credit card information is sent directly to and stored with the processor using their security protocols. Kitch does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Processing Agreement, and if the Processing Agreement is terminated by the processor you may not be able to use the Platform, or have your Account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
j. Appointment of Kitch as a Limited Collection Agent. Each User (such as Hosts, Vendors, or Guests who facilitate certain transactions through our Platform) who collects payment for services provided via the Platform (“Collecting User”) hereby appoints Kitch as the Collecting User’s payment collection agent solely for the limited purpose of accepting funds from other users purchasing such services (“Paying User”).
i. Each Paying User acknowledges and agrees that, notwithstanding the fact that Kitch is not a party to the agreement between you and the Collecting User, Kitch acts as the Collecting User’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Collecting User. Once a Paying User makes payment of funds to Kitch, the Paying User’s payment obligation to the Collecting User for the agreed upon amount is extinguished, and Kitch is responsible for remitting the funds to the Collecting User in the manner described in this T&Cs, which constitutes Kitch’s agreement with the Collecting User. In the Booking that Kitch does not remit any funds, the Collecting User will have recourse only against Kitch and not the Paying User directly.
ii. Each Collecting User agrees that payment made by a Paying User through Kitch shall be considered the same as a payment made directly to the Collecting User. The Collecting User will provide the purchased services to the Paying User in the agreed-upon manner as if the Collecting User has received the payment directly from the Paying User. Each Collecting User agrees that Kitch may refund the Paying User in accordance with this T&Cs (including all applicable terms referenced herein) and each Collecting User understands that Kitch’s obligation to pay the Collecting User is subject to and conditional upon successful receipt of the associated payments from Paying User. Kitch shall be obligated to make payments to Collecting User only for such amounts that have been actually received by Kitch from Paying User in accordance with this T&Cs, minus whatever portion is kept by Kitch in accordance with this T&Cs. In accepting appointment as the limited payment collection agent of the Collecting User, Kitch assumes no liability for any acts or omissions of the Collecting User.
2. Platform and Service
a. Using the Platform
i. Access: You are responsible for making all arrangements necessary for you to have access to the Platform and for ensuring that all persons who access the Platform through your account are aware of and abide by all applicable terms, including this T&Cs. Kitch may require additional conditions or requirements to access and use the Platform, or specific areas or features of the Platform, at any time and for any reason. Access to or use of certain features of the Platform may be subject to additional policies or guidelines or may require you to accept additional terms and conditions. In the Booking of a conflict between the T&Cs and the additional terms and conditions for a specific area of the Platform, the latter terms and conditions will take precedence with respect to that specific area of the Platform, unless otherwise specified.
b. Ownership, License, and Restrictions
i. Kitch’s Intellectual Property. Kitch owns all rights, titles, and interests in the Platform and Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this T&Cs and only as provided to you through the Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. You may not register, claim ownership in, or sublicense the Platform, Services, or IP; use the Platform, Service, or IP in violation of this T&Cs or Laws; or reverse engineer or copy all or any portion of the Platform, Service, or IP (except as expressly permitted). We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.
ii. Use of Kitch’s IP. We may provide you logos or other digital media (“Logos”) to help you advertise your Space to potential Guests. Where provided, you agree to use Logos only to advertise your Space. You may not use any Logos, the Platform, or the Service for any unlawful or competitive use or in a manner that harms or tarnishes the Kitch brand or reputation; and you are prohibited from modifying or using Logos in any manner that is inconsistent with our authorization or guidelines. We may terminate your right to use any Logos in our discretion upon notice to you in which Booking you shall cease using any such Logos.
c. Prohibited Uses. In addition to complying with our Community Guidelines, you may use the Platform and Services only for lawful purposes and in accordance with this T&Cs.
i. You agree not to use our Platform and Services: (a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards including inaccurate pictures and/or descriptions of a Space; (d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (e) To impersonate or attempt to impersonate Kitch, a Kitch employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Platform, or which, as determined by us, may harm Kitch or users of our Platform or Services, or expose them to liability.
ii. Additionally, you agree not to: (a) Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; (b) Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Platform; (c) Use any manual process to monitor or copy any of the material on the Platform, or for any other unauthorized purpose without our prior written consent; (d) Use any device, software or routine that interferes with the proper working of our Services; (e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Platform or Services or any server, computer or database used to provide our Services; (g) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; (h) Act in a manner that is damaging to Kitch’s reputation and/or goodwill; (i) Scan, probe, test the vulnerability of the Platform or any network connected to the Platform; (j) Directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Kitch; (k) Directly or indirectly conduct, promote, or facilitate business in countries and/or with nationals or members of governments that are subject to U.S. embargoes or trade sanctions; (l) Export items, Content, or materials to prohibited parties or countries, as identified in applicable export and import regulations; (m) Attempt to circumvent the Platform by directly contacting other Users, or (n) Otherwise attempt to interfere with the proper working of the Platform or Services.
d. Content on the Platform
i. Posting Content. When using the Platform and Services, you will be asked to provide information about yourself, a Space, a Host Service, a Vendor Service, applicable permits and insurance requirements, comments, or other information including text, images, or videos (collectively, “Content”). You represent and warrant that you are authorized to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any Content that is copyrighted by third parties without their express permission. You grant Kitch a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or online advertising). If you cannot provide us the above grant then you may not provide Content to us.
ii. Accuracy of Content. You will only provide Content to us that you own or have authorization to provide, and ensure that Content is accurate and complete. You must keep any Content current. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information, or verifying information about Spaces. You will provide us any additional information to verify the accuracy or completeness of any Content that you provide and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us when we request it, we may suspend or terminate your Account, cancel any Bookings you have made or received, withhold payment, and/or impose and collect Fines.
iii. Prohibited Content. You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a Space; (v) contains marketing or promotional content unrelated to the details of a Space; or (vi) includes Sensitive Information, including payment, contact information, or personal account details. You will not knowingly or negligently provide any Content that contain viruses, Trojan horses, and other harmful content (collectively, “Viruses”). While we attempt to identify any Viruses, we are not liable for and disclaim all responsibility for ensuring that Content is free from Viruses.
e. Community Guidelines. We have established Community Guidelines that set our expectations for all users on the Platform. They are contained in this Agreement below, entitled “Community Guidelines”. You will review and abide by the Community Guidelines whenever using the Platform or Services, communicating with other Users, or using or providing use of Spaces. If you believe that another User is violating the Community Guidelines please contact us. Kitch has no obligation to monitor Users’ compliance with the Community Guidelines or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines.
f. DMCA Notices. If you believe that any Content posted violates your copyright, please notify us at Kitch. This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorization to enforce the rights of the copyright owner. We will internally review alleged violations but may not send you a response each time notifying you of the results of our review. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
g. Feedback. We appreciate any ideas, suggestions, or feedback you voluntarily provide to help us improve the Platform or Services (“Feedback”). Any Feedback you provide us is ours to use, register, modify, monetize, and otherwise use. You grant us all title and interest in any Feedback you provide to us and, if necessary, agree to assist us in establishing our ownership. You acknowledge that you will not receive any compensation for providing us Feedback.
h. Support. We provide you basic information to help you use the Platform and Services on our site. While we try to maintain accurate support information, we are continuously improving the Platform and Services and cannot guarantee that the information provided through our Support Site is always accurate or current. While we may also provide email or phone support from time to time, we cannot guarantee that you will, where provided, receive a response within any specific timeframe.
3. Kitch Services
a. Terms Applicable To Hosts
i. Listings. When you List a Space as a Host, you must provide all required details about the Space including a description, how it may be used, the cost of a Booking, availability, a list of any equipment, current pictures, rules, and other details about its potential uses and condition (collectively, “Description”). This includes details regarding use of any amenities, furniture, equipment, Host Add-Ons available at an additional charge, or fixtures that are part of or in the Space (collectively, “Amenities”). While it is important to communicate excitement and the benefits of your Space, the Description must be accurate and give potential Guests a reasonably good understanding of how they may use the Space for their Booking, including the disclosure of any deficiencies, restrictions, or applicable policies. Keep in mind what a Guest will be using your Space for (e.g. delivery-only restaurants need easy access to outside areas; catering companies need service elevator access, and so on). Any terms or conditions included in your Listing must not conflict with this T&Cs (unless expressly permitted by Kitch in writing) or applicable Policies. For example, you may not (i) modify or expand a Guests’ financial responsibilities or limit a Guests’ ability to seek recourse or restitution under this T&Cs, (ii) violate the Community Guidelines or Laws, or (iii) require Guests to pay you directly outside the Platform.
ii. Permission to List and Book Spaces. You represent and warrant that you are permitted under applicable Laws to List and confirm a Booking of any Spaces provided, that Spaces comply with applicable Laws and permitting requirements, and that you will reasonably facilitate and not obstruct the use of a Space as Booked by a Guest. In addition, you represent and warrant that any Listing you post, any Booking of a Space, or a Guest’s use of a Space will not breach any agreements you have entered into with any third parties, including but not limited to, landlords/leaseholders, property managers, or other agreements, and will comply with all applicable laws, rules, regulations, restrictions (including having permits, licenses, and/or registrations), or other terms placed on the Space.
iii. You expressly assent that your entry and use of the Platform is not contrary to any lease or sub-lease that you have entered into. Prior to listing a Space on the Kitch platform, we suggest that you get written permission from the landlord if you believe it’s necessary or appropriate under your lease terms or applicable law. Any agreement entered into to use a Space (e.g. a Booking Agreement) is merely a license to use the space, and no tenant rights are conferred to a Guest, nor is a Guest entitled via a Booking Agreement to stay in a Space beyond the Term of a lease. You agree that Kitch will not be held liable by a landlord under any circumstances, and you agree to indemnify Kitch from any landlord action against Kitch including claims by other third parties and/or investigations by regulatory agencies.
iv. Bookings. Bookings are created when you accept a booking request, receive an acceptance to a custom offer you have submitted to a Guest, or enable your Listing to be booked without prior approval (“Pre-Approved Booking”) by a Guest. Bookings are a legally binding agreement between you and a Guest, which means you are required to provide the Space as described in your Listing and according to the terms agreed to in your Booking. You also agree to pay the applicable Service Fees to Kitch.
v. Listing Price. You are solely responsible for setting the Listing Price (including applicable Taxes, Cleaning Fees, and Hosts Services Fees). You may not raise the Listing Price for a particular Guest after the Guest accepts the Booking, but may alter prices based on the addition or deletion of Host Add-Ons prior to the Booking. Kitch may determine, in its sole discretion, to refund the Guest part or all of the Listing Price in accordance with its policies.
vi. A Host may revise the Listing Price of up to 10% of the yearly pro-rata Listing Price if a Booking is renewed after one year.
vii. Conditions of the Space. You are responsible for maintaining the Space and Amenities so that Guests may reasonably use them as provided in the Description and Booking. Spaces and Amenities must be in good working order and provided to Guests in a safe, clean and usable condition. Any plumbing, electrical, structural or other physical deficiencies or defects must be corrected or disclosed before you List a Space. Except as specified in a Booking Agreement, all water, electricity, HVAC, WiFi and other utility services (exclusive of wireless telephone and data services) shall be provided with the Space at no additional cost. The condition of the Space must be accurate to its portrayal on your Listings.
viii. Booking Agreements. In most cases, we will require a supplemental Booking Agreement with your Listing that includes all or part of the Description including a listing of any Amenities and any additional terms and conditions. The Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a Guest. Except where approved by Kitch, Booking Agreements with supplemental clauses may not impose rules or limitations on use that are materially different than those listed in the Description, include any additional contractual obligations, or alter Guests’ or Hosts’ liabilities.
ix. Recordings. During their Booking, Guests may photograph, film, or otherwise record Bookings when using Spaces (“Booking Recordings”). Except as expressly prohibited by federal, state, local or other governmental laws or as otherwise set forth in the Description or any Booking Agreement, you grant to any Guest that Books a Space a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, and modify Booking Recordings that may include or identify the Space or Amenities.
x. Conduct and Fees. As a Host, you are solely responsible for ensuring that Spaces and Amenities comply with all applicable Laws including any alcoholic beverage laws, local ordinances related to the condition, licensure, or registration of Spaces for use by Guests, and payment of Taxes. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time. All Fees owed by Hosts are subject to our Fees, Cancellations and Refund Policy. Hostsare responsible for their own acts and omissions as well as the acts and omissions of any individuals who work or reside at or are otherwise present at a Space at your request or invitation, excluding the Guest and any individuals the Guest invites to the Space. If Kitch, in its sole discretion, determines that a Guest is entitled to receive a refund in accordance with this Kitch Services Agreement, the applicable policy set by Kitch, and/or the terms of the Booking Agreement between the Guest and Host mentioned in the Listing, after the Host has already been paid, Kitch will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future payments due to the Host.
xi. Preparation for and Supervision of Booking. As a Host, you are solely responsible for (a) preserving and protecting your Space by removing and/or securing valuable, vulnerable or Sensitive Information, (b) determining the appropriate types of permitted uses in your Space, (c) evaluating the appropriateness of potential Guests, and (d) supervising and monitoring the Space and your Guest’s use of the Space for the Booking, to the extent (if any) you as Host determine in your sole judgment.
b. Terms Applicable to Guests
i. Bookings. Bookings are created when a Host accepts your booking request or enables their listing to be booked without prior approval via the Pre-Approved Booking feature. Bookings are a legally binding agreement between you and a Host and are subject to any additional terms and conditions that the Host has outlined in their listing description, any supplemental Booking Agreements, and other terms set forth by the Host, which will be provided to you prior to confirmation of a Booking in the Booking Agreement. A Booking creates a contractual relationship between users. Upon Booking a Space, a Guest is (i) granted a limited, temporary, revocable license to use a Space, and (ii) if applicable, a contract for Supportive Services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use—including times, specific fees, and other additional terms or limitations—may also be included in or supplemented by the Booking Agreement that incorporates the terms and conditions of this Agreement and referenced policies.
ii. Booking Confirmation. Guests must have a valid Account in order to complete Bookings. Bookings can be completed by following the Booking process for the applicable Space. Guests are encouraged to review the Space Description, applicable services descriptions, and confirm availability prior to booking a Space or Supportive Services. Some Spaces and services may require additional or supplemental verification in order to confirm a Booking. For example, Guests are required to have valid permitting in order to Book Spaces for a Booking. Applicable Fees and other charges (e.g. a Deposit, if applicable) will be shown before you complete your Booking. You are responsible for all Fees, charges, and Taxes associated with the Booking. All Bookings are subject to our Fees, Cancellations & Refunds policy below.
iii. Limited Licenses for Bookings. When you Book a Space, you are provided a license to enter, occupy, and use the Space only as described in the Booking and confirmed by the Host, subject to this Booking Agreement and the T&Cs. A Booking does not provide you a lease or access or use of the Space beyond the specified time and Description. Hosts retain the right to re-enter the Space in accordance with the Space Description and your agreement with the Host.
iv. Conduct and Fees. You agree to comply with the Community Guidelines and any Booking Agreements throughout the Booking and use the Space and/or Vendor Service only as permitted or agreed upon and consistent with the Description, and assure that any person or entity that is under your account or under your control (a “Booking Participant“) do the same. During your Booking, you are responsible for (i) the behavior and acts of any Booking Participants, service providers, or others that access the Space, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) coordinating the timely setup or breakdown of your Booking, or (iv) complying with applicable Laws including acquiring any required licenses or permits for your Booking, or limiting noise to certain times of the day, and or (v) complying with applicable Laws in regards to health and safety requirements to operate. You are responsible for and accept all liability for any damage done to the Space during your Booking by Booking Participants or service providers whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree to return the Space to the Host in substantially the condition as provided to you or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Hosts of any damage done to the Space. All Fees owed by Guests are subject to our Fees, Cancellations & Refunds policy.
v. Cancellation and Refunds. All cancellations and any refunds that may be available to you are subject to our Fees, Cancellations & Refunds policy.
vi. Holdovers and Additional Fees. You agree to leave the Space no later than the end-time of your Booking. If you stay past the agreed upon end-time without the Host’s permission, you no longer have a license to use or stay in the Space and the Host is entitled to use lawful means to force you to leave the Space. Additionally, you agree to pay to Host an overtime charge (“Overtime Charge”) as well as all applicable Guest Fees, Taxes, and other expenses incurred by the Host. We may calculate the Overtime Charges based on your exceeding the time (for example, a calculated hourly rate billed in 30-minute increments). Kitch may charge an additional Service Fee for any Overtime Charges, Damage Charges, or any other charges assessed by Host using the Platform. You may read more about all fees and charged in our Fees, Cancellations & Refunds policy. If Kitch, in its sole discretion, determines that a Host is entitled to additional fees, charges, or damages in accordance with this Kitch Services Agreement, the applicable policy set by Kitch, and/or the terms of the Booking Agreement between the Guest and Host mentioned in the Listing, Kitch will be entitled to collect any such sums from you required to satisfy the outstanding obligation. Kitch reserves the right to otherwise collect payment from you and pursue any remedies available to Kitch in this regard in situations in which you are responsible for fees, charges, or damages, including, but not limited to, in relation to any payment requests made by Hosts.
vii. Using Supportive Services. You may have the ability to Book Supportive Services as part of your Booking. Service Providers are independent third-party contractors and are not affiliated with, or under the control of, Kitch. Supportive Services may be available to Book through the Platform or we may help you do so otherwise through the Platform. You understand that Supportive Services are provided by Service Providers and not Kitch. We are not responsible for and disclaim all responsibility for and liability resulting from Vendors’ actions or failure to act, for the nature or quality of any Supportive Services, and for any loss or injury you or others sustain arising out of or related to Supportive Services. You acknowledge that Kitch may be paid compensation by one or more Service Providers in connection with a Booking of Supportive Services.
viii. Supportive Services may not be available in every city or region and we cannot guarantee that there will be Supportive Services available for specific Spaces or Supportive Services to fit your specific needs. Where provided, we act as your agent for the limited purposes of identifying Supportive Services that meet with your specifications. If you accept the use of Supportive Services, we will coordinate any communication and payments between you and the Supportive Services provider. We may charge additional Fees for use of Supportive Services which will be visibly included in your Total Fees.
ix. Booking Participants. You are responsible for your own acts and omissions as well as the acts and omissions of your invitees or other individuals to whom you provide access to the Space (collectively referred to as “Booking Participants”). Guests are required to ensure that Booking Participants meet any requirements set by the Host for a Space or Booking, and are made aware of and agree to any terms, conditions, rules, policies, or restrictions set by Host. You agree that minors are not allowed into a Space at any time for any reason.
c. Terms Applicable To Both Hosts & Guests
i. Circumvention. Kitch has made, and continues to make, substantial investment in the Platform and its intellectual property to provide value to Hosts and Guests, and as part of the Services to Hosts and Guests Kitch provides Hosts and Guests access to and use of the Platform and associated intellectual property. Accordingly, any direct contact between Hosts and Guests in order to circumvent the Platform constitutes a direct and immediate harm to Kitch, and as such is strictly prohibited. Kitch considers this a breach of these Terms and Conditions and any resulting Booking Agreement and reserves all available legal rights. Kitch may also remove a party to a Booking Agreement from the Platform temporarily or permanently at our sole discretion.
ii. Circumvention of a Booking Agreement includes, but is not limited to, a Host and Guest signing a separate contract or a verbal agreement to continuing working in the Space.
iii. Scheduled Walkthrough. As a part of the Booking process, a Host and Guest may agree on meeting up at the Space (a “Scheduled Walkthrough” or “Site Visit”). A Walkthrough may be scheduled through the Platform for a specific date and time. At that point, an exact address of the Space will be provided to the potential Guest. Please be on time for your Scheduled Walkthrough, wear appropriate clothing for safety, and be respectful of each other’s time to keep the Scheduled Walkthrough as brief as possible. Unsafe behavior may result in removal from the Platform. Either or both parties may provide personal information to the other before or during a Site Visit, and each is responsible for the information provided.
d. Kitch Insurance Offerings. We may, but are not required to, offer you the option to buy certain insurance provided through the Platform by third parties for your Booking. We cannot assure and expressly disclaim (i) any liability to you or third parties that any insurance offered or acquired to you through the Platform will appropriately cover or mitigate risks to you, your business, those attending the Booking, third parties, or the Space, or (ii) endorsement of the quality, character or financial capacity of any insurance company offering insurance products through the Platform or Supportive Services.
e. Kitch Financing Offerings. We may, but are not required to, offer you the option to apply for financing provided through the Platform by third parties for your Booking. We cannot assure and expressly disclaim (i) any liability to you or third parties that any financing offered or acquired to you through the Platform will appropriately cover your business needs, (ii) endorsement of the quality, character or financial capacity of any financing company offering funding options through the Platform or Supportive Services, or (iii) that financing will be offered at all.
4. Disputes, and Binding Arbitration
a. Disputes Between Users. Kitch encourages all Users to resolve disputes informally between themselves. Users should notify Kitch of a potential User Dispute (which includes any Damages Claim) within 72 hours after any incident and document any damage, disputes, statements, or other material facts that may impact a User Dispute and impact the enforcement of any applicable term, policy, or provision. Disputes between users may be escalated through the following process:
· Level One: Informal Dispute Resolution Between Users. You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (each, a “User Dispute”) in good faith through messaging via the Platform. If users are unable to mutually resolve the User Dispute, then either user may submit the User Dispute to Kitch’s Dispute Team.
· Level Two: Review of Dispute Team. If informal dispute resolution is not successful, a user may submit a User Dispute for review by submitting a written summary of the User Dispute, including any requested documentation, to Kitch’s Dispute Team. Users agree to cooperate and assist the Dispute Team in good faith and to provide such information and take such actions as is requested by the Dispute Team in connection with the User Dispute. The Dispute Team will attempt to resolve the User Dispute through communication with the Users. If Users agree to a resolution, or if Kitch determines in its sole discretion that a User is responsible for fees, damages, costs, refunds, or other amounts, you agree that Kitch may collect such amounts from you pursuant to this Kitch Services Agreement, any Booking Agreement, or any applicable policy. Users agree, upon Kitch’s reasonable request, to participate in a mediation or similar dispute resolution process with the other User which process will be conducted by Kitch or a third party selected by Kitch. Users will not be charged for any mediation or resolution process arranged by Kitch.
b. Binding Arbitration. Process for Arbitration. You and Kitch agree that any dispute, claim, or controversy arising out of or relating to this T&Cs or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Kitch Platform or Services (collectively, “Disputes”) will be settled through binding arbitration and not in a court of law as follows:
· If the amount of the Dispute is less than $25,000, resolution shall be administered online by FairClaims (www.fairclaims.com) or another online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. You consent to receive electronic service of process at the email associated with your Account. Where you are delinquent in responding to such process, you will be responsible for any attorney, court, or other fees associated with the delinquency. The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Kitch. As a part of the User Dispute, you may also seek to recover these costs if you prevail.
· If the amount of the dispute, claim or controversy is reasonably $25,000 or more, resolution shall be before a single arbitrator and administered by JAMS. This includes but is not limited to any statutory or common law claims relating to breach, enforcement, or interpretation of this T&Cs and any Booking Agreement. Any such arbitration will take place in the county where the Booked or Listed Space is located, unless you and Kitch mutually agree otherwise. The arbitrator will apply the substantive Laws of New York. All claims from $25,000 to $250,000 shall be subject to the JAMS Streamlined Arbitration Rules
c. The Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern all such arbitrations under this T&Cs. To initiate such an arbitration, a party will provide a written demand that states both the basis of the claim and the desired relief. Each party irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this T&Cs affects the right of any party to serve process in any other manner permitted by Law.
d. Once arbitration is initiated as provided in Subsections (1) or (2) above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorneys’ fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.
e. Remedies. The arbitrator may provide for any monetary or other remedies that are available under applicable Law but may not modify the terms of this T&Cs or any Booking Agreement. The arbitrator will provide a reasoned decision addressing the specifics of the dispute. The decision is binding and not subject to appeal. The parties will act promptly to respect the decision of the arbitrator, including payment of any amounts owed or taking of any action required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
f. Certain Claims Excluded. Notwithstanding this Section the parties agree that any claims based on ownership or misuse of the other party’s intellectual property—including patents, copyrights, or trademarks—may be brought before the state or Federal courts located in New York, NY. Either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.
g. Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this T&Cs or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted.
h. You may opt-out of this class action and jury waiver described herein by emailing us at firstname.lastname@example.org within 30 days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this section please note that all other provisions in this T&Cs will remain intact and in full force and effect.
i. Conflict of Rules. If any provision of this Section 4 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.
j. Confidentiality of Proceedings. Any proceedings pursuant to this Section 4 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
5. Additional Legal Terms
a. Disclaimers. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVISION, OR FOR THE CONDITION OR NATURE, OF ANY SPACE, OR SUPPORTIVE SERVICES. HOSTS, GUESTS, AND THIRD PARTY SERVICE PROVIDERS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY KITCH. HOSTS AND GUESTS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND CONDITION USE OF SPACES OR SUPPORTIVE SERVICES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
b. YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. KITCH IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON GUESTS, HOSTS, OR THIRD PARTY SERVICE PROVIDERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF SPACES OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING USERS, SPACES, GUESTS OR SUPPORTIVE SERVICES IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. KITCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY USER, SPACE, VENDOR OR VENDOR SERVICE WILL BE PROVIDED TO YOU AS DESCRIBED. KITCH DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING SPACES OR SUPPORTIVE SERVICES.
c. THE PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE PLATFORM OR SERVICES ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE; OR THAT THEY ACCURATELY REPRESENT SPACES, HOSTS, GUESTS, GUESTS OR SUPPORTIVE SERVICES. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR SERVICE, OR FEATURES OF EITHER, AT ANY TIME.
d. KITCH IS PROVIDING YOU WITH A PLATFORM AND OPTIONAL SERVICES TO INCREASE YOUR LIKLIHOOD OF SUCCESS, BUT KITCH DOES NOT GUARANTEE THE SUCCESS OF YOUR BOOKING IN ANY WAY.
e. KITCH IS A MARKETPLACE. WE DO NOT ASSIST YOU IN ACCESSING THE PLATFORM IN ANY WAY, INCLUDING UPLOADING PHOTOS, DESCRIPTIONS OF SPACES AND ANYTHING ELSE UNLESS SPECIFICALLY AGREED TO IN A SEPARATE AGREEMENT.
f. GUESTS IN SPACES ARE NOT SUBLESSEES. GUESTS WILL HAVE ACCESS TO THE SPACE AS DEFINIED BY THE HOSTS. THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE USERS DOES NOT CONSTITUTE A SUBLEASE. THERE IS NO AGREEMENT BETWEEN KITCH, ANY USERS OR THE OWNER OF ANY PROPERTY TO SHARE OR TAKE OVER A SPACE.
g. LIMITATION OF LIABILITY. EXCEPT TO THE LIMITED EXTENT OF THE KITCH FEES (AS DEFINED BELOW) UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL KITCH OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, OR SPACES OR SUPPORTIVE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES. AS USED HEREIN, “KITCH FEES” SHALL MEAN THE AMOUNT PAID BY YOU TO KITCH, EXCLUDING ANY AMOUNTS THAT WERE PAID OR PAYABLE TO USERS, FOR USE OF THE PLATFORM OR SERVICES.
h. THE LIMITATION OF LIABILITY SET FORTH ABOVE APPLIES TO THE EXTENT PERMITTED BY LAW.
i. INDEMNIFICATION. You will indemnify, defend, pay, and hold harmless Kitch and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, vendors, attorneys, or affiliates (collectively, “Kitch Affiliates”) harmless from and against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of your Space (for Hosts) or Vendor Service (for Vendors), or use of Spaces or Supportive Services (for Guests); (b) Content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your representations, warranties, or obligations under this T&Cs, (f) any contract or other agreement between you and any other user other than through the Platform, (g) any bodily injury (including death) or damage to tangible or real property to the extent caused by any Users or their affiliates, (h) any Tax liabilities from your use of the Platform and (i) any damages or losses based on third-party claims that Content violates proprietary or privacy rights.
j. The limitation of liability set forth above applies to the extent permitted by law. This indemnification will survive termination of this T&Cs.
k. Non-US Users. We may allow for use of the Service to List Spaces outside of the United States. Where this is permitted, you will be required to ensure that your use of the Service, including Listing or Booking, as applicable, comply with all Laws specific to your country, province, or region. European users may be required to provide information to assist with our collection of VAT or other indirect Taxes, or evidence of your exemption of such Taxes.
l. Right to Amend. We may amend or modify this T&Cs at any time by posting the modified T&Cs on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify this T&Cs constitutes your consent to the revised T&Cs. If you do not agree to the revised T&Cs, you must close your Account by contacting us.
m. Force Majeure; Cancelations. Kitch is not responsible or liable for nonperformance caused by telecommunications failures, nonperformance of vendors, fires or other acts of nature, strife or acts of political discord, government shutdowns, pandemic issues, acts of government, or other occurrences outside its reasonable control (each a “Force Majeure”). Cancellations of Bookings, whether with or without cause, or caused by Bookings outside of your reasonable control, are subject to our Cancellation and Refund Policy. Please review it carefully before Booking a Space or Vendor Service.
n. No Assignment. You may not assign this T&Cs or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this T&Cs upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
p. Headings and ordering used in this T&Cs are provided for your convenience and do not affect the interpretation of related provisions. Any monetary amounts described in this T&Cs will be in USD and “$” will be read to mean United States Dollars.
q. Reformation/ Severability. Where any part of this T&Cs is found to be invalid or unenforceable, it will be reformed or reinterpreted through force of Law as minimally required to accomplish the objectives while maintaining the original intent of such provision. If such can’t be accomplished, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
r. Waiver. Kitch failure to enforce any right or provisions of this T&Cs will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The exercise by either party of any of its remedies under this T&Cs will be without prejudice to its other remedies under the T&Cs or otherwise permitted by Law, except as set forth in these terms.
s. No Third-Party Beneficiaries. These T&Cs does not and is not intended to confer any rights or remedies on persons other than the parties.
t. Notice. We may send you notices to the email address or physical address included in your Account, through messaging on the Platform, or (for businesses) to the address of your headquarters or registered business, or (for individuals) to your residence. You may send any legal notices to us at hello@Kitch.com. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.
KITCH COMMUNITY GUIDELINES AND FEES/REFUNDS
1. Fees Overview
a. The total price of a Booking depends on several factors and the specifics of your Booking. This page explains how the price of your Booking is determined and the Fees you pay to Kitch for using our Services. All Users acknowledge and agree that all payments shall be made in accordance with this Fees Overview. The total price for a Booking will be presented prior to your acceptance. Once accepted our Cancellation and Refund Policy applies. We may authorize a hold for the total price amount to your credit card or other payment methods linked to your Account when you request a Booking.
b. When a Booking is accepted by a Host or Vendor, if under one month in duration, we will charge your Account for the full Listing Price + security deposit (if required). If a Booking is for one (1) month or more, we will charge you for 1 month + security deposit, then the balance for the upcoming month will be charged on the 1st of each month. If you update a Booking, we may adjust the Host or Vendor Fees accordingly which may result in either additional amounts owed or a refund of amounts paid.
This Policy is a binding part of the Kitch Website Terms and Conditions applicable to use of the Services and the Platform. Please read this Policy carefully. You may not use the Platform or Services if you do not agree to this Policy.
2. What Makes Up the Total Price?
a. Costs set by the Host:
Listing Price: The rate charged by the Host for use of the Space. This is usually based on an hourly, daily or monthly rate. Without further clarification in the Booking Agreement, the Listing Price includes utilities and any other charges used by the Host to compute the Listing Price.
Revenue Share: The Users may agree that all or a portion of the Booking will be paid as a portion of the Guest’s revenue from the use of the Space or their business in general (“RevShare” or “Revenue Share”). Within the Booking Agreement, the Users may agree on any percentage of net or gross revenue, and may agree on any means of verifying the revenue to calculate the RevShare amount.
Cleaning Fee: A one-time fee charged by some Hosts. May be charged at a fixed fee or included in the hourly Listing Price.
b. Costs set by Third-Party Vendors:
Vendor Costs: The amount a Vendor charges for services it provides. May be listed hourly, by service, or as a fixed amount depending on the service provided.
c. Costs set by Kitch:
Kitch Service Fee: Fee paid to Kitch for use of the Services and Platform, which is a percentage of the Costs outlined above.
d. Other Costs:
Local Taxes: Any applicable taxes charged based on the location of the Space.
3. Could I Be Responsible for Additional Fees and Costs?
a. Guests may be charged for additional fees associated with their use of a Space or Various Services (“Additional Fees”). These may include:
Overtime Charge. Where you exceed the use limitations of a Space, additional fees will be based on the hourly rate for the Space, at one or one-and-one-half times the pro-rated scheduled rate, and will be billed in 30-minute increments.
Over Capacity Fees. For over-intensive use of a Space (e.g., materially exceeding the Scope in violation of a Booking Agreement), in our sole discretion we may impose an additional use charge.
Damages and other Costs. While we try to avoid these situations, occasionally the terms or expectations of a Booking are not met and additional costs may be owed by a Host or Guest.
b. For a Host, this may include mislabeling equipment, damaged or inoperable equipment contrary to a Listing Description, Host representatives or employees that make it hard for Guest to operate in a normal manner, violations of the Booking Agreement or the Community Guidelines or other claims.
c. For a Guest, this may include damage to or misuse of a Space (or the personal property therein), inappropriate use of Vendor Services, excess garbage left at a Space that would require use of a hauling service, violations of the Booking Agreement or the Community Guidelines, insufficient funds or unauthorized use of a payment account, or other claims. Where any Fines are owed, you agree that we may immediately charge any payment method linked to your Account.
d. We may bill any Additional Fees when notified that the agreed-upon time for use was exceeded and may charge any payment method tied to the Guest’s Account. Any disputes relating to Additional Fees are subject to the dispute resolution process identified in the Kitch Service Agreement.
e. If Kitch, in its sole discretion, determines that a Host is entitled to additional fees, charges, or damages in accordance with this Kitch Services Agreement, the applicable policy set by Kitch, and/or the terms of this Booking Agreement between the Guest and Host mentioned in the Listing, Kitch will be entitled to collect any such sums from you required to satisfy the outstanding obligation. Kitch reserves the right to otherwise collect payment from you and pursue any remedies available to Kitch in this regard in situations in which you are responsible for fees, charges, or damages, including, but not limited to, in relation to any payment requests made by Hosts.
4. How Does Kitch Calculate its Service Fees?
a. Host Fees
We charge Hosts a service fee (“Host Fee”), which is retained by Kitch from a Host’s payout. The Host Fee is based on the Booking subtotal (payment for Booking the Space for the agreed upon period including any required Host Services, Cleaning Fees and Additional Fees, if applicable) and is retained at the time a Host’s payout is initiated. Hosts will be made aware of the exact amount of the fee during the booking process.
Kitch will normally initiate payouts to Hosts after a Booking is completed and before the Start Date. Payouts to Vendors will depend on the Vendor Service provided and agreed terms. We may withhold a payout if a dispute is initiated between a Guest and a Host or Vendor, or as otherwise permitted by the Services Agreement. Payouts of Additional Fees for overtime or damages, or resulting from a dispute will be paid within a reasonable time after settlement of a dispute. Timing of a payout may also be modified where the Booking is updated, rescheduled, or cancelled.
b. Vendor Fees
Kitch charges a fee to Vendors (“Vendor Fee”) to Vendors whose services are utilized by Parties through the Platform. Vendors will be notified of the exact amount of the fee we charge in a separate agreement that defines the relationship between Kitch and each Vendor.
All Fees are subject to the Kitch Cancellation and Refund Policy (see below)
Kitch Cancellation and Refund Policy
This policy will govern all bookings confirmed after July 23, 2020.
1. This Cancellation and Refund Policy (“Cancellation Policy”) is incorporated into the Kitch Website Terms and Conditions applicable to use of the Services and the Platform. Please read this policy carefully. You may not use the Services if you do not agree to this Cancellation Policy.
2. Kitch is designed to help Hosts and Guests efficiently and conveniently complete Bookings. Every Booking is a Host’s commitment to make a Space available to a Guest. When a Guest cancels a Booking, the Host’s ability to Book that Space during that time becomes increasingly difficult because other interested Guests may have already made other plans. When Hosts cancel Bookings, Guests’ Bookings and plans can be severely impacted and may require intensive logistical support from Kitch. Nonetheless, plans may change, requiring Guests or Hosts to cancel Bookings on occasion.
3. This Kitch Cancellation Policy covers all cancellations and refunds on the Platform. Both Guests and Hosts are subject to and must comply with this Cancellation Policy when cancelling a Booking.
4. We reserve the right to amend this Cancellation Policy for any reason and at any time by posting an updated version to our website as provided in the Kitch Services Agreement. In the Booking of conflict between this Cancellation policy and the Kitch Services Agreement, the Kitch Website Terms and Conditions controls.
5. Please note, All Bookings are subject to Kitch’s Grace Period policy which provides a full refund for Bookings cancelled within 24 hours from receipt of a Booking Confirmation. Kitch shall have final say in any dispute between Hosts and Guests regarding the application of cancellation policies.
6. CANCELLATION POLICY
a. Guests may cancel their Booking up to 5 business days after a completed Scheduled Walkthrough and will receive a full refund (including all Fees) of their Listing Price. Guests may cancel their Booking until 90 days before the Booking start time and will receive a full refund (including all Fees) of their Listing Price.
b. Guests may cancel their Booking between 30 to 90 days before the Booking start time and receive a 50% refund (excluding Fees) of the Fees collected. Cancellations submitted less than 30 days before the Booking start time are not refundable. See Additional Terms section below for more information.
c. Hosts may cancel their Booking if their underlying lease is terminated. Hosts are required to give notice to the Guest immediately after learning of lease termination, and to afford each Guest every opportunity to continue working in the Space as long as reasonably possible.
d. Host Buyout. A Host may offer a buyout option to a Guest, which will be provided to Guest in writing in the Booking Agreement and provide a reasonable fee and an appropriate timeframe to vacate the premises. If no buyout option is provided in the Booking Agreement, then the Host can negotiate with the Guest in good faith, but the Guest has no obligation to accept the buyout terms.
7. Additional Terms
a. Cancellation Confirmation
A Booking is only officially cancelled once the Guest has received confirmation of the cancellation from Kitch.
b. Host Payouts
Host payouts will vary depending on the specific cancellation policy chosen by the Host and other circumstances. If Kitch, in its sole discretion based on the applicable cancellation policy, determines a Guest is entitled to a refund, the Host payout will be calculated by deducting from the subtotal price of the Booking (which includes the Listing Price and any Host Add-ons Fees) any Kitch Service Fees, and then reducing that amount by the percentage specified in the applicable cancellation policy. Cleaning Fees refunded to Guests will not be paid to Hosts. Payouts are typically made within 3 to 7 days after the cancellation is confirmed.
Kitch will refund any taxes we collect that are related to amounts refunded to Guests. Any taxes due on the non-refundable portion of canceled Booking will be submitted to the appropriate tax authority.
d. Cleaning Fees
Cleaning Fees are fully refunded to Guests if cancellation of the Booking is confirmed before use of the Space.
8. Cancelling Vendor Services
Vendor cancellation policies vary based on the Vendor and are provided prior to Booking Vendor Services. If a Vendor does not provide a cancellation policy prior to Booking Vendor Services, the cancellation policy set by the Host will apply. Kitch Services Fees are not refundable for Guest-initiated cancellations of Vendor Services.
9. Cancellations by Hosts or Vendors
Any Host- or Vendor-initiated cancellations will be fully refunded to the Guest (including any Fees paid). The Host or Vendor cancelling the Booking will be responsible for losses incurred by Kitch or the Guest associated with any cancellation, and all scheduled payouts for that Booking will be cancelled. In addition, Kitch may issue Fines to Hosts and Vendors for cancellations. Kitch may deduct or debit any Fines from amounts that would otherwise be payable, or (ii) invoice such Fines to be paid within seven (7) days.
10. Fines for Host-Initiated Cancellations
a. A Host may be responsible for costs, expenses, and other losses, and be subject to Fines, if they make unexcused cancellations. A Host may be subject to the following as a result of an unexcused Host-Initiated Cancellation:
Displacement costs for Guests;
A Fine of up to 15% of the total price of the Booking.
Delisting of the Host’s Space if the Hosts cancels multiple Bookings within a one-year period;
Modifying the listing page description to include publicly available information about previous cancellations, or suspension or termination of your Account.
· Hosts that have earned special badges for excellence designation will forfeit them and any associated benefits at Kitch’s sole discretion.
b. Kitch may, but is not obligated to, waive costs, expenses and Fines for Host-initiated cancellations under the following circumstances:
Kitch determines that a Booking was accidentally accepted by a Host, so long as the Host cancelled within 2 hours of confirmation;
A Guest provides false or misleading information in a Booking request that materially affects the Booking or Booking;
A Guest uses, or intends to use, a Space in a manner inconsistent or incompatible with the Space Description, the Booking Agreement, or other limitations agreed upon between the Guest and Host;
Inappropriate or illegal activity taking place during a Booking;
A Host and Guest mutually deciding to cancel the Booking in accordance with this Cancellation Policy; or
· Any Excused Cancellations.
11. Excused Cancellations
Kitch may allow a Host or Guest to cancel a confirmed Booking due to extenuating circumstances and with short notice (an “Excused Cancellation”). Kitch may require Guests or Hosts to provide evidence to support the Excused Cancellation. Where approved, Fees will be refunded in full to the Guest and no payout will be sent to the Host without Cancellation Fees or Fines. The following circumstances may be considered grounds for an Excused Cancellation:
Significant natural disasters or severe weather incidents triggering a state of emergency that directly impact use of a Space or the Guest’s ability to use the Space;
Severe property damage or unforeseen maintenance issues that directly impact the safe use of the Space; or
· Legal, municipality, or utility injunction or order that directly restricts use of or access to a Space.
12. Kitch-Initiated Cancellations
a. Kitch may decide, in its sole discretion, that it is necessary or appropriate to cancel a confirmed Booking. Kitch may cancel a Booking at any time prior to the Booking start time and issue a full or partial refund to a Guest. When Kitch initiates a cancellation, any refunds or payouts will vary depending on the circumstances that prompted the cancellation. Neither Kitch nor any of the other parties to the cancelled Booking shall have any liability or obligation for any such Kitch-initiated cancellations. The following are circumstances in which Kitch my initiate a cancellation:
An Excused Cancellation;
The removal of a Host or Space from the Platform prior to the Start Time;
Any actual or potential illegal or unauthorized activity;
Risk of harm or safety concerns;
Failure to provide proof of insurance when requested by Kitch;
Any violations of the Community Guidelines; or
Any other reason at Kitch’s sole discretion.
13. How to Cancel a Booking
a. To cancel a Booking, submit a request to cancel using the “Cancel Booking” designations on the Platform (mobile app or website). Cancellation requests cannot be submitted through messages, phone calls, chats, or emails to Kitch. If you are unable to locate the Cancel Booking icons on the Platform, please contact our Customer Support. For calculating refunds, submitted cancellation will be confirmed upon proper submission of a cancellation request to Kitch. After submission, Kitch may allow or require up to 48 hours to finalize the cancellation.
14. Rescheduled Bookings
a. When approved by Kitch, a Guest or Host may have an opportunity to reschedule that Booking on a one-time basis.
b. Rescheduled Bookings are non-refundable once confirmed. Any successive rescheduling attempts or failure to successfully reschedule a Booking within the conditions above will result in a cancellation of the Booking, subject to the Cancellation Fees or Fines identified in this Policy, depending on the initiating party. Rescheduling by Guests may result in additional Kitch Service Fees.
15. Host Block-Out Dates:
a. For monthly/yearly Bookings: Host will have an opportunity to block out or impact the normal function of a Guest’s business. If notice is given by the Host greater or equal to 14 days before the specific date, then the Guest is due a refund on the pro rata Booking cost. If notice is given within 14 days, then the Guest is due a refund on the pro rata Booking cost plus 50% of their daily average revenue.
Kitch Community Guidelines
1. Maintaining Kitch as a healthy marketplace requires Guests to showcase their spaces, plan their Bookings, and interact with other Guests in a cordial and professional manner. We rely on you to follow these guidelines to ensure the safety and well-being of all Guests, including yourself, when posting Content, communicating with other Guests, using Spaces, and making or accepting payments. These guidelines are a non-exhaustive list intended to give assurance to all our Guests.
2. We take violations of these Community Guidelines seriously and may suspend or terminate an Account for ongoing or serious violations. We may also moderate, remove, or edit any Content that violates these Community Guidelines or if we believe it adversely affects the integrity of Kitch or other Guests, and may add and remove elements of these Community Guidelines over time by posting an updated version to our website.
3. These Community Guidelines are part of and use words and phrases defined in the Kitch Services Agreement. If you have any questions about these Community Guidelines or if you believe that a Guest has violated these Community Guidelines, please contact us.
4. You must agree to these Community Guidelines, as part of the Kitch Services Agreement, to use of the Platform and Services. Please read them carefully and only use the Platform or Services if you agree to abide by them.
5. Hosts will:
a. Comply with any Laws, permitting, or tax laws. Use restrictions and permitting regulations are in place to protect people, including your Guests. You know your Space best and Guests trust that your Space is up to code, properly licensed, and safe.
Accurately represent the nature, condition, and pricing of Spaces. Most Guests will not have seen your Space before their Booking. It’s important that you give them an accurate idea of what to expect. You want to put your best foot forward, but you should be realistic and honest about your Space. Guests should also have a realistic idea of the actual Booking costs and clearly list any services you provide for an additional cost. You may not list prices lower than what you intend to charge.
Only offer Spaces that you’re permitted to Book. If you don’t control your Space or don’t have permission to List it, then you are not permitted to List it on the Platform. You are welcome to List multiple Spaces but may not offer Spaces to Guests that are not listed on the Platform.
6. Guests will:
a. Use Spaces with respect and as described to Hosts. Hosts take pride in their Spaces and trust that they will be respected by Guests. It is important that you are honest and do not misrepresent the intended use of a Space when Booking. It is up to the Hosts to determine how they want (or do not want) their Spaces used.
Never store, transport, or possess hazardous material in a Space. This should go without saying but hazardous material can harm people and do permanent damage to Spaces. Bringing hazardous materials to a Space is not only dangerous but may be illegal, and you could face significant civil liability or criminal action for doing so.
7. Everyone must:
a. Communicate with other Users honestly. People trust Listings, comments about Spaces, and your communication with them. It’s important that you are clear and honest when you post. You may not use the Services to deceive or mislead people, post false or inaccurate statements, open multiple Accounts, or misrepresent who you are or your affiliations.
Transact honestly. Guests may only use the Platform to transact as provided for legitimate Bookings. Use of the Platform to conduct payment or other transactions offline, or attempting to transact when you know or believe the payment or payout is invalid, may result in suspension or termination of your Account or Fines.
Respect other people’s information: You are only allowed to use the Content provided through the Platform as intended. You may not use or misuse Content from the Platform, images, or descriptions outside of the Platform. You may not harvest, scrape, or collect other information about our other Guests, such as names, phone numbers, physical addresses, email addresses or any other Content that is not publicly displayed in search results pages prior to a Booking confirmation.
Use the Platform as Intended. The Platform is meant for Hosts to List and Guests to Book Spaces and third party or Host provided Vendor Services. You are not allowed to use the Platform to promote products or services other than your Space. You may not send unwanted messages or spam, promote use of a Kitch competitor, or use the Platform to communicate with Guests with no intention of Listing or Booking on the Platform. You may not Book Spaces in exchange for other services or goods in lieu of payment unless previously authorized by Kitch.
e. Subscribe to a Standard COVID-19 Safety Plan. All Hosts and Guests must adhere to the national minimum safety standards set by the CDC (https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html) or the national minimum safety standards of the government of your region if outside the United States. Failure to adhere to these standards adversely effects the safety of all Users of the Space and therefore is a violation of this Agreement. Kitch reserves the right to immediately terminate a User’s Agreement and impose penalties including but not limited to removal from the Platform.
8. No one may:
a. Discriminate against other Guests. Discrimination against any other Users based on their race, sex, gender, ethnicity, national origin, sexual orientation, disability, or any other legally protected class is illegal and not permitted on the Platform. If we believe that you have refused to transact with another User based on any of these, we may suspend or terminate your account immediately at our sole discretion.
Encourage or endorse illegal or dangerous behavior. You may not post Content that endorses or promotes illegal or harmful activities, including obscene content or encouraging activity that may lead to other Guests harm.
Harm, intimidate, or threaten Guests. We’ve built a Platform that we are proud of and that our Users trust, and work hard to keep it that way. You are prohibited from doing anything that may harm or intimidate Kitch Users, or interfere with their use or operation of the Platform. This includes threatening or harassing other Users; posting undeserved or disproportionate reviews, or reviews that do not reflect your experience; attempting to extort other Users for discounts or favorable reviews; or threatening legal action.
Share personal or dispute information. For your protection, you may not share Sensitive Informationabout yourself. This includes your home address, phone number, payment information, or other Sensitive Information that could lead to fraud or identity theft. This may be a safety risk to you and others. You may also not post any details about an ongoing dispute between you and another User.
Harm, intimidate, harass, or threaten Kitch or our brand. Anyone threatening Kitch or our employees will be removed from the Platform and reported to law enforcement. You may not engage in behavior on the Platform or use Kitch marks or logos in a manner that violates the Kitch Service Agreement or harms, dilutes, or misuses our brand.