1) Acceptance of the Terms
By using noshtrekker.com, whether as NOSH Host or NOSH Trekker, you signify that you have read, understand and agree to be bound by these Terms and Conditions. NOSHtrekker reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. NOSHtrekker may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
By using NOSHtrekker, you agree to all the Terms
2) Registration & Eligibility
You may browse noshtrekker.com without registering, but as a condition to using certain aspects of the Service, you are required to register with NOSHtrekker and represent, warrant and covenant that you provide NOSHtrekker with accurate, truthful, and complete registration information (including, but not limited to your name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your NOSHtrekker account. You shall not:
- provide any false personal information to NOSHtrekker, or create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or NOSHtrekker account that is subject to any rights of a person other than you without appropriate authorization; or
use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify NOSHtrekker in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service.
By registering to the Service, you affirm that you are 18 years of age or older and that you accept the Terms & Conditions.
We take great measures to provide you with the best experience you can have while using Noshtrekker; However, Noshtrekker has no control over the conduct of any Hosts, Trekkers or any other User and disclaims all liability in this regard. Hosts and Trekkers are recommended to carefully and thoroughly examine and check with their respective Trekkers and Hosts all necessary details related to their Reservation (as defined below) prior to any engagement been made.
To fully use the service you need to create your own account, without violating other peoples’ rights. The information provided must be accurate and truthful. A violation of truthfulness may result in the termination of your NOSHtrekker account.
3) Reservation & Billing Arrangements
Once you’ve registered, each Trekker is welcome to make an online reservation with any Host offering his/her services on NOSHtrekker (“Reservation”). You, a Trekker, may pay for your Reservation by using the PayPal service. As part of the Reservation process, you will be asked to fill in some details with respect to your Reservation (such as the food you wish to have and food allergies, if any) (“Contact Form”) and wait to receive a confirmation by the Host you made a certain Reservation with. The Contact Form you have filled in will be delivered automatically to NOSHtrekker and forward to your respective Host. Once your Reservation is confirmed, the Company will notify you by email that your Reservation is confirmed (“Reservation Confirmation”). NOSH Hosts will be paid before the meal takes place.
You will be charged only when the Reservation is confirmed by Host.
4) Response Times for Hosts
As a NOSH Host, you are obliged to reply to reservation requests within 24 hours, even if it is to say that you will confirm their reservation with them in the next 48 hours.
5) Fees & Payments
As a Trekker, in order to make an online Reservation on NOSHtrekker, you will be requested to provide the Company with additional personal information, such as home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name, contact details and the Contact Form you filled in, in order to place your Reservation with the respective Host and to provide you with the Service.
Hosts are required to post prices including all applicable taxes for Reservation they offer on NOSHtrekker, as such Reservation may be subject to taxation, as required or ordered by the applicable tax law in the country in which respective Hosts reside.
Hosts are solely responsible to determine the applicable taxes and are hereby required to comply with the applicable tax law and pay any taxes including VAT, surcharges, sales taxes, goods and services taxes, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes imposed and levied in connection with Reservations made of their respective Food Events via NOSHtrekker or the payment thereof and they represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law. Note that failing to pay such taxes, as ordered by applicable tax law or to comply with any provisions the applicable tax law may prevent such Hosts from continuing publishing their Food Events on NOSHtrekker.
You, a Trekker, represent and warrant that you will pay to your Host all fees and taxes incurred with your Reservation in a timely manner and in compliance with NOSHtrekker’s fee schedule. Failing to settle your payments including any taxes incurred with your Reservation, will prevent you from executing your Reservation with NOSHtrekker and from further using NOSHtrekker. Notwithstanding the above, Company shall reserve the right, but have no obligation, to withhold any applicable taxes and obtain any other remedies available by law.
The Company may, at any time and at its sole discretion, convert a free of charge service to a fee-based service, and change rates and payment terms.
Hosts will post prices including all applicable taxes and be responsible to comply with their own country taxation regulations.
6) Cancellation of Reservation
- Cancellation more than 48 hours from booking: If a reservation is cancelled by a customer at least 48 hours prior to the applicable food experience, the customer will be reimbursed the full reservation amount net any commissions and fees paid by NOSHtrekker (e.g. PayPal transaction fees).
- Cancellation within 48 hours of booking: If a reservation is cancelled by a customer less than 48 hours before the applicable food experience, the customer shall not be entitled to any return, credit or reimbursement.
- A reservation is deemed cancelled only upon receipt of confirmation of your cancellation. NOSHtrekker will confirm this receipt via email.
- NOSHtrekker reserves the right to cancel a reservation at any time upon returning a full refund of the reservation amount to the customer.
- NOSHtrekker shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of a Host’s or customer cancellation of a reservation.
7) Content & User-Generated Content
Both NOSH Hosts and NOSH Trekkers must be comfortable with profiles being written about them, or articles detailing their experiences.
NOSHtrekker will generate the hosts profile. Upload, post, publish and make available through it, its own copyrightable materials such as images, photos, videos, and any other proprietary materials, exxcluding without limitation Hosts’ own content on their pages and/or any part thereof and links to copyrightable materials (the “NOSHtrekker Generated Content”).
As long as your NOSHtrekker Generated Content is subject to the applicable copyright law, such NOSHtrekker Generated Content shall remain at all times, and to the extent permitted by law, it’s sole and exclusive property.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on NOSHtrekker, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content that we upload to NOSHtrekker or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable NOSHtrekker to use the User Generated Content we upload to NOSHtrekker and that such User Generated Content does not infringe any third party’s copyright or other rights.
You agree that you will not request any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with NOSHtrekker. Company explicitly reserves the right to refuse the User Generated Content without giving any prior notice, at its sole discretion.
When NOSHtrekker upload, post, publish or make available any HOST profiles on NOSHtrekker or use profile Content via NOSHtrekker, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public, along with your name, details, trade-marks, service-marks and logos, in connection with NOSHtrekker, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You agree that the Company may remove at any time any User Generated Content you have uploaded to NOSHtrekker in its sole discretion with or without any reason.
Content will be written and/or created about you. Your profile content might be used by us. If you upload content, it may be removed.
8) Limitation of Liability
The use of NOSHtrekker is solely at your own risk. Except as provided herein, in no event shall the company be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of Noshtrekker, or the use or inability to use Noshtrekker, regardless of whether the company or an authorized representative of the company has been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to your reservation fees.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of Noshtrekker; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to Noshtrekker. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
Use NOSHtrekker at your own risk.
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to Us; provided your report will not incur any liability Company’s address for reporting any misconduct is specified below: firstname.lastname@example.org
If you believe any party using the NOSHtrekker service acted inappropriately (offensively and/or violently), please report the party to us and other appropriate authorities.
10) Amendment of Terms
We might change the Terms to comply with the legal regulations. Check them out when we notify you.