PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, RESOURCES AND LEGAL OBLIGATIONS. INCLUDE SEVERAL LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND COMPETENCE IN MATTERS OF RESOLUTION OF CONFLICTS, AND OBLIGATIONS OF COMPLIANCE OF THE APPLICABLE REGULATIONS. USERS SHOULD KNOW HOW THE REGULATIONS OF THEIR RESPECTIVE CITIES APPLY, THEY MUST CONSULT THE LOCAL NORMS BEFORE PUBLISHING THEIR AD IN KWEEZING. KWEEZING IS A REGISTERED TRADEMARK OF SERVICIOS KWZ S. DE R.L. DE C.V.
KWEEZING offers an online platform that connects CHEFS that offer prepared meals with diners looking to consume these foods (hereinafter, the "Services"). Such Services can be found at www.kweezing.com and other websites through which KWEEZING offers the Services (hereinafter, collectively, the "Website") as well as through the application for mobile phones, tablets and other mobile devices and application programming interfaces (hereinafter, together, the "Application"). If you use the Website, the Application or the Services, these Terms and Conditions of Service apply between you and SERVICIOS KWZ S. DE R.L. DE C.V. (hereinafter "KWZ SERVICES"). KWZ SERVICES manages all payments and collections made through the Website, the Application or the Services (hereinafter, "Payment Services"). The payment services offered by KWZ SERVICES are subject to the Payment Terms of the Service (hereinafter, the "Payment Terms and Conditions").
"Chef": refers to a Member who creates an Ad through the Website, the Application and the Services.
"Host Chef": person who creates an Ad through the Website, the Application and the Services to offer the food preparation service in their home or property through the Kweezing platform.
"Invited Chef": person who creates an Ad through the Website, the Application and the Services to offer the food preparation service in a space designated by the Diners, that is, the person goes to the diner's home to cook .
"Ad": space on the Kweezing platform of the Chef, where the conditions of the service as well as personal information and photographs are determined. The ads that can be created are "Chef host", "Invited" and "Group event".
"Cuisine": type of gastronomy that is offered in the ad. It can be general or very specific.
"Diner": person who requests the service through the Kweezing platform. It can be for one or several people (companions).
"Communication" refers to any email, message sent with the Application, text message (SMS) or message to the WeChat account.
"Contents" refers to texts, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Contents of KWZ SERVICES" refers to all the Content offered by KWZ SERVICES / KWEEZING through the Website, the Application or the Services, or the corresponding promotion campaigns and official social networks, including any Content licensed by a third party, although excluding the Members' Contents.
"Collective Contents" refers to Content of Members and Contents of KWZ SERVICES.
"Member Content" means all Content that a Member publishes, uploads, uploads, presents, transmits or includes in its Ad, its Member profile or a KWZ SERVICES / KWEEZING promotion campaign to make them available through the Website, the Application or the Services.
"Group event" is a scheduled service subject to availability where the Chef offers his service to a group certain day and time. Events can only be created by a Host Chef with his finished Ad.
"Tax" or "Taxes" refers to any sales tax, value added tax (VAT), goods and services tax, transient occupancy rate, tourist or other visitor tax, tax or Service fee u lodging, fees (such as, for example, convention center fees) that Service providers are legally obligated to collect and remit to public, municipal, state, federal and national or other administrations, or the tax on the income of natural persons (ISR) or corporation tax.
"Member" means a person who completes the KWEEZING account registration process, including, among others, CHEFS and diners, as described in the "Account Registration" process below. "Profile": account created by the user to use the services of Kweezing. Personal information is not public.
"Platform": Kweezing is called as the means to offer and request services through ads and profiles of Chefs and Diners.
"Reservation Request period" refers to the period of time that begins at the time that a Diner requests a Reservation, will be valid until the time limit imposed by the Chef for the preparation in his ad and during which a Chef can decide whether to confirm or reject said request, as indicated on the Website, the Application or the Services. Reservation request deadlines vary from Chef’s Ad to another. "Reservation": agreement that is made to give / receive the service through previous agreements between Chef and Diner, where they determine date, time, number of guests, place, menu and cooking workshop (if applicable).
"Immediate Reservation": it is the option that the Chef gives to the Diner to be able to book without the Chef having to give a prior authorization. The reservation can be confirmed as long as all the requirements are met:
• Date and time availability.
• Diner’s profile with verified e-mail and pone number.
"Service": food or dishes that the Chef offers to the Diner and that must be agreed during the reservation process. The service should include everything that is necessary to carry out the action of the service, eg: cutlery, drinks, bathroom, napkins, etc.
"Reservation request": When the ad of a Chef does not have the option of "Immediate Reservation", the Diner will have to request the approval to reserve by the Chef. The Chef is free to accept or reject the request. In case of being rejected, the Diner can not continue with the confirmation of the reservation. If the request is accepted, the Diner is free to continue with the reservation process or not.
"Reservation modification request": When the Diner or Chef requires a change to the reservation, it is necessary that the other party accepts the new conditions. A Diner can increase or decrease the number of companions in his reserve as many times as he wishes, as long as the minimums and maximums set in the Chef's announcement are met, this change does not require authorization from the Chef. Changes that require authorization by the other party are the day, time and menu changes.
"Cooking workshop": Optional activity by both parties of the reserve, that for an extra amount established by the Chef, diners can get involved in the activity of preparing food.
By using the Website, the Application or the Services, you agree to comply with the terms and conditions of these Terms and Conditions of Service (hereinafter, the "Conditions") and be legally bound by them, whether or not they become in a registered user of the Services. These Conditions govern your access to and use of the Website, the Application and the Services, and of all the Collective Content (as defined), and constitute a binding legal agreement between you and KWZ SERVICES. We also ask you to carefully read our Privacy and Cookies Policy at www.kweezing.com/privacidad.index.php. In addition, certain sections of the Website and the Application (and your access or use of certain aspects of the Services or Collective Content) may contain different terms and conditions, rules, guidelines or policies or may require you to accept and be satisfied with additional terms and conditions. If there is any conflict between these Terms and the terms and conditions published for a specific section of the Website, the Application, the Services or the Collective Content, the latter will prevail with respect to your use of that section of the Website, the Application, the Services or the Collective Contents or their access to them. If you do not accept these Terms, you will not have the right to obtain information from the Website, the Application or the Services or to continue using them. The use of the Website, the Application or the Services without observing these Terms may entail the imposition of civil and criminal penalties.
THE WEBSITE, THE APPLICATION AND THE SERVICES COMPOSE AN INTERNET PLATFORM THROUGH WHICH THE CHEFS CAN CREATE ADS TO OFFER THEIR SERVICES, AND THE MEMBERS CAN OBTAIN INFORMATION ABOUT THEM AND BOOK THEM DIRECTLY WITH THE CHEFS. YOU UNDERSTAND AND AGREE THAT KWEEZING IS NOT PART OF ANY AGREEMENT SIGNED BETWEEN CHEFS AND DINERS. KWEEZING HAS NO CONTROL OVER THE CONDUCT OF CHEFS, DINERS AND OTHER USERS OF THE WEBSITE, THE APPLICATION OR THE SERVICES OR ON ANY SERVICE AND, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, DOES NOT ASSUME ANY RESPONSIBILITY TO THIS RESPECT. IF YOU DECIDE TO CREATE AN AD IN KWEEZING, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH KWZ SERVICES IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, EXTERNAL CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, PARTNER IN A JOINT BUSINESS OR PARTNER OF KWZ SERVICES FOR ANY REASON. , AND WHICH ACTS EXCLUSIVELY IN OWN NAME AND BENEFIT, AND NOT IN NAME OR BENEFIT OF KWZ SERVICES. SERVICES KWZ DOES NOT CONTROL, OR HAVE THE RIGHT TO CONTROL, ITS ADS, ITS ACTIVITIES AT THE MARGIN OF THE INTERNET IN RELATION TO ITS AD OR OTHER MATTERS RELATED TO ANY ADS OFFERED. IN ITS MEMBER STATUS, YOU AGREE NOT TO DO ANYTHING THAT BELIEVES THE FALSE IMPRESSION THAT YOU HAVE THE BACKUP OF KWZ SERVICES, YOU ARE A PARTNER OF KWZ SERVICES OR YOU ACT IN THE NAME OR BENEFIT OF KWZ SERVICES, WHICH INCLUDES NOT MAKING AN INAPPROPRIATE USE OF ANY INTELLECTUAL PROPERTY OF KWZ SERVICES. YOU ACCEPT AND AGREE THAT, BY ACCESSING OR USING THE WEB SITE, THE APPLICATION OR SERVICES, OR DOWNLOADING OR PUBLISHING ANY CONTENT FROM OR ON THE WEB SITE, THROUGH THE APPLICATION OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, HAVE BEEN REGISTERED OR NOT ON THE WEB SITE AND THE APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT HAVE THE RIGHT TO ACCESS OR USE THE WEBSITE, THE APPLICATION, THE SERVICES OR THE COLLECTIVE CONTENTS.
KWZ SERVICES reserves the right, in its sole discretion, to modify the Website, the Application or the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Conditions, we will notify you by publishing the modification on the Website or through the Application and / or we will notify you of such modification by email. We will also update the "Last updated" date that appears at the beginning of these Terms. The modifications to the Conditions will be effective from the moment of their publication. The access and continued use of the Website, the Application or the Services will constitute acceptance of the modified Conditions.
In addition, if the modified Conditions contain relevant changes that are applicable to current Members (increased responsibilities or decreasing rights), we will inform you before those changes take effect. If you do not find the modified Terms acceptable, your only recourse is to cease using the Website, the Application and the Services. If you do not cancel your KWEEZING Account, you will be considered to have accepted the modifications.
The Website, the Application and the Services are exclusively for the use of people over 18 years of age. Any access or use of the Website, the Application or the Services to minors under 18 years of age is expressly prohibited. By accessing or using the Website, the Application or the Services, you represent and warrant that you are over 18 years of age.
The Website, the Application and the Services may be used to facilitate the publication of the Ads and the RESERVATION of SERVICES. The CHEFS include said SERVICES in Ads that appear on the Website, the Application and the Services. You may view the Ads as an unregistered visitor to the Website, the Application and the Services; however, if you wish to reserve a Service or create an Ad, you must first register to create a KWEEZING account (as defined below).
As mentioned above, KWEEZING offers an online platform or market with technology for Diners and CHEFS to come into contact through the Internet and agree to Service Reservations directly with each other. SERVICES KWZ does not own or operate properties, including, but not limited to, restaurants, coffee shops or property providers, including, but not limited to, restaurants, coffee shops, or related services, and KWZ SERVICES does not own, sell, resell, provide, facilitates, rents, manages and / or controls properties, including, among others, restaurants, coffee shops and related services. Except as expressly stated otherwise in the KWEEZING Platform, the responsibilities of KWZ SERVICES are limited to the Website, the Application and the Services.
YOU SHOULD HAVE IN MIND THAT, AS INDICATED ABOVE, THE WEBSITE, THE APPLICATION AND THE SERVICES ARE INTENDED TO BE USED TO FACILITATE CHEFS AND DINERS TO CONTACT EACH OTHER AND RESERVE SERVICES DIRECTLY BETWEEN THEM. KWEEZING DOES NOT CONTROL OR COULD CONTROL THE CONTENTS OF ANY ADS OR THE STATUS, LEGALITY OR SUITABILITY OF ANY SERVICE. KWZ SERVICES DOES NOT TAKE ANY RESPONSIBILITY AND DISCLAIMS ALL RESPONSIBILITY IN RELATION TO ALL AND EACH OF THE ADS AND SERVICES. AS A RESULT, ALL RESERVATIONS WILL BE MADE OR ACCEPTED ON ACCOUNT AND RISK OF THE MEMBER.
To access certain functions of the Website and the Application, and to reserve a Service or create an Ad, you must register to create an account (hereinafter, the "KWZ SERVICES Account") and become a Member. You can register to receive the Services directly through the Website or the Application, or in the way described in this section.
Your KWEEZING Account and the profile page of your KWEEZING Account will be created for your use of the Website and the Application based on the personal information you provide us. You can not have more than one (1) active KWEEZING account. You agree to provide accurate, current and complete information during the registration process and to update said information to make it remain accurate, current and complete. KWZ SERVICES reserves the right to suspend or cancel your KWEEZING Account and your access to the Website, the Application and the Services if you create more than one (1) KWEEZING Account or if it is demonstrated that the information provided during the process of registration or afterwards is inaccurate, fraudulent, not current or incomplete, or that violates the present Terms and Conditions of Service for other reasons.
You are responsible for protecting your password. You agree not to reveal your password to third parties.
Unless it is expressly permitted by any specific functionality of KWEEZING, you may not share with anyone or allow third parties to access or use your KWEEZING Account. At our discretion, we can enable features that allow other Members to perform certain actions associated with your KWEEZING Account, on your behalf and with your express authorization, such as for example, that your assistant or employer reserves on your behalf, or include a family member in your account as an additional Chef. You agree to assume exclusive responsibility for any activity or action in your KWEEZING Account, whether or not you have authorized such activities or actions. You must immediately notify KWZ SERVICES of any unauthorized use of your KWEEZING Account.
As a Member, you can create Ads. To create an Ad, you will be asked several questions about the Service to be published in the Ad, including, among others, questions about the location, capacity, characteristics and availability of the Service, as well as prices, related rules and financial terms. To appear in Ads through the Website, the Application and the Services, all SERVICES must have valid physical addresses. The Ads will be made public through the Website, the Application and the Services. You accept and agree that the place or classification of the Ads in the search results may depend on various factors, including but not limited to, the preferences of the Diner and the Chef, the ratings received and / or the ease of the reserve.
Other Members may reserve their Service through the Website, the Application and the Services based on the information included in their Advertisement, the Diner’s requirements and the parameters and preferences of the Searches of the Diners. You accept and agree that once a Diner requests a Reservation of your Service, you can not ask him to pay a price higher than that indicated in the Reservation request.
You accept and agree that you are solely responsible for each and every one of the Member Ads and Content that you post. Accordingly, you represent and warrant that any Ad you publish and the Reservation of a Service included in an Ad posted by you, or the stay in it of a Diner (i) will not breach any agreement you have signed with third parties such as, for example, agreements of communities of proprietors, agreements of horizontal property and contracts with third parties, and (ii) (a) will fulfill all the effective legislation (like, for example, laws of territorial ordering), fiscal requirements, laws of intellectual property and norms and regulations that may be applicable to any Service included in an Ad that you post (which includes obtaining all required permissions, licenses and registrations), and (b) will not conflict with the rights of third parties. Keep in mind that KWZ SERVICES does not assume any responsibility in relation to the fulfillment by the Diner of the agreements or obligations to third parties, the applicable laws, norms and regulations. KWZ SERVICES reserves the right to withdraw or deactivate access, at any time and without prior notice, to any Ad for any reason, including those Ads that KWZ SERVICES, in its sole discretion, consider objectionable for any reason, fail to comply with these Terms or the Community Policies and Guidelines or Standards, or Trademark Guidelines, of KWZ SERVICES in force at any time, or may otherwise prejudice the Website, the Application or the Services.
If you are a Chef, you understand and accept that KWZ SERVICES does not act as an insurer or as a contracting agent. If a Diner requests a Reservation of your Service, any agreement that you have signed with said Diner will be between you and the Diner, and KWZ SERVICES will not be part of it.
Members must meet certain requirements to be able to Reserve a Service from a Chef. They must have a Profile with a verified email and cell phone. If you want more information about these requirements, you can access the "Help" section at www.kweezing.com/ayuda/index.php of the Website, the Application and the Services. If you are a Chef, KWEEZING offers you the option of having Members request reservations for your services (and do not reserve immediately without consulting with you first) to help you make informed decisions about which Members to choose to pre-authorize for your Service Reservation. You agree and agree that, as a Chef, you are responsible for your own acts and omissions and also for the acts and omissions of any person who resides or is present at the Service at your request or at your invitation, excluding the Diner (and the persons that the Diner invites to the Service, if applicable).
KWZ SERVICES recommends that Chefs hire adequate insurance for their SERVICES. We kindly ask you to carefully study the insurance policy that you may have for your Service, and in particular to make sure you are familiar with and understand the exemptions and any deductions that may be applicable for such insurance policy, including, among others, the fact of that your insurance policy covers or not the actions or inactions of the Diners (and of the people that the Diner invites to the Service, if it is the case), or who are related to them, while they remain in your Service.
KWZ SERVICES does not backup or endorse any Member, Ad or Service. You understand that the images are only intended to provide a photographic representation of the Service at the time the photo is taken. Accordingly, the images do not constitute any endorsement by KWZ SERVICES to any Member, Ad or Service.
In accordance with these Terms, Members must provide accurate information. Although KWZ SERVICES can ask you directly or through third parties, for transparency or fraud prevention or detection purposes, to provide some form of official identification, your date of birth or other information, or to carry out checks and other additional procedures to help verify or verify the identities or background of Members and / or contrast Member’s data with third-party databases or other sources of information, we make no representation, nor do we confirm or endorse any Member or alleged identity or the background of Members.
Any reference included in the Website, Application or Services to a "verified" or "connected" Member (or similar term) only indicates that Member has completed the corresponding verification or identification process, but does not mean anything else. Such a description does not constitute any kind of endorsement, certification or guarantee by KWZ SERVICES of any Member, including those referring to the Member's identity or whether it is reliable, secure or suitable. Instead, this description is intended to be useful information that you can assess when you make your own decisions about the identity and suitability of other people with whom you come into contact or interact through the Website, the Application and the Services. Consequently, we recommend that you always use your common sense and all your attention when deciding to request service with a Chef, pre-authorize the Reservation of a Diner or interact in any other way with other Members.
By using the Website, the Application or the Services, you accept that any legal recourse or civil liability that you intend to obtain due to actions or omissions of other Members or third parties will be limited to a claim against the Members or specific third parties that cause of the damages. You agree not to attempt to impose any liability on KWZ SERVICES, or obtain any legal recourse in relation to KWZ SERVICES with respect to such actions or omissions.
a) Key terms "Payment Method" means any payment method that you have decided to use to pay for a Reservation through your KWEEZING Account, such as credit card, debit card or PayPal.
"Service Fees" refers to amounts due and payable by a Diner to KWZ SERVICES for the use of the platform and its services. This amount will be a percentage of the "Price" of the reservation.
"Price" refers to the amounts due and payable by a Diner for the hiring of a Service. This result is the multiplication of "Price per person" for the number of Diners selected to attend the Service.
"Price per person" refers to the amount established by the Chef for each person that is reserved for his Service. It is the Chef, and not KWZ SERVICES, the exclusive responsible for the "Price per person" rates of your ads. The Chef can decide, according to his exclusive criteria, that these amounts include the amount of food to be served, drinks, tastings, courtesies, etc.
"Chef Service Commission" refers to the rate that KWZ SERVICES charges a Chef for the use of the Services, calculated as a percentage of the "Price" of the reservation. The Chef's Service Commissions will be discounted of the payment to receive automatically.
"Reservation total" refers to the sum of the Price and Service Fee that the Diner must pay to reserve a Service.
b) Reservations and financial conditions for Chefs
If you are a Chef and a Reservation is requested for your Service through the Website or the Application, you will be obliged to accept or reject the reservation request within the Reservation Period of the Reservation; otherwise, the Reservation request will expire automatically. When a Reservation is requested through the Website or the Application, we will provide you: (i) the proper and surname of the Diner who has requested the Reservation and (ii) a link to the profile page of the Diner’s KWEEZING Account . When a Reservation is confirmed by a Diner, KWEEZING will send you a Communication to confirm said Reservation through the Website, the Application or the Services and by e-mail. The Chef Service Commission will be deducted from the Price Chef.
KWEEZING will charge the “Reservation total” to each Diner at the time of booking.
Every Chef accepts that KWEEZING can, in accordance with the cancellation policy that the Chef has selected and that has been reflected in the corresponding Ad (i) allow the Diner to cancel the Reservation, and (ii) reimburse (through KWEEZING) ) to the Diner the percentage on the Price applicable to the cancellation conditions of each Ad. The remaining percentage will be rewarded to the Chef in his next Service. When the Chef is the one who cancels the Reserve, the “Reservation Total” will be reimbursed to the Diner. The Service Fee and the Chef Service Commission will be deducted from the Chef's next service as a penalty.
c) Reservations and financial conditions for Diners
The CHEFS, and not KWZ SERVICES, are solely responsible for respecting the confirmed Reservations and having available the SERVICES reserved through the Website and the Application. If you, as Diner, decide to enter into a transaction with a Chef for the Reservation of a Service, you accept and understand that you will be required to enter into an agreement with the Chef and that you must accept all the terms, conditions, rules and restrictions associated with such Service and taxes by the Chef.
You agree and agree that you, and not KWZ SERVICES, will be responsible for fulfilling the obligations of those agreements, that KWZ SERVICES is not part of those agreements and that, with the exception of KWEEZING's obligations derived from the Terms and Conditions of Payment, KWEEZING rejects all liability derived from or related to such agreements.
The Reservation total that must be paid will be shown to the Diner before he makes a reservation to a Chef. KWEEZING will not charge when a Diner requests a reservation from a Chef, nor when the Chef accepts the request, KWEEZING will make the corresponding charge when the Diner decides to make the Reservation according to the Terms and Conditions of Payment.
You, as Diner, agree to pay the Reservation Total for the Reservations requested and, in most cases, confirmed in your KWZ SERVICES Account. KWEEZING will charge the Total of the reservation in accordance with the Terms and Conditions of Payment.
Once your Reservation is completed and confirmed, you will receive a Confirmation Communication that summarizes the confirmation of your Reservation.
d) Service fees and other fees
In consideration for the use of the platform and online market of KWEEZING, KWEEZING charges the Service Fees. KWEEZING charges these Service Fees in accordance with the Payment Terms and Conditions and, where applicable, may also charge Taxes related to the Service Fees and the Commissions of the Chef Service. KWEEZING deducts the Service Fees and Commissions from the Chef Service before remitting the difference to the Chef, as described in the Payment Terms and Conditions. The Service Fees, as already indicated, are included in the Reserve Totals. The Service Fees applicable by KWEEZING will be shown to the Diner through the Website and the Application at the time of payment. KWEEZING will break down the Chef Service Commissions applicable to the Chef through the Website and the Application.
e) Reservations and financial general conditions
Cancellations and refunds
If you, as a Client, wish to cancel before or after arriving at the Service a confirmed Reservation through the Website or the Application, you must know that the cancellation policies will depend on each Chef and he must configure it during the creation of his Ad. These policies may be modified at any time. The completed reservations will not suffer the changes made after the Reservation is confirmed.
The Chef must choose one of the following policies for cancellation of reservations by the Diner:
1) Light: a) Cancellation 1 day in advance (0 to 47:59 hours): there will be no refund for the Diner. The Chef will receive full payment for the service. b) Cancellation 2 to 3 days before (48 to 95:59 hours): the Diner will receive 50% of the payment for the service, the Chef will receive the other 50%. c) Cancellation 4 or more days before (96 hours or more): the Diner will receive 100% of the payment for the service. The fees for the operation of Kweezing will be subtracted from all reimbursements and payments.
2) Moderate: a) Cancellation from 1 to 3 days before (0 to 95:59 hours): there will be no refund for the Diner. The Chef will receive full payment for the service. b) Cancellation 4 to 5 days before (96 to 143: 59 hours): the Diner will receive 50% of the payment for the service and the Chef will receive the other 50%. c) Cancellation of 6 or more days before (144 hours or more): the Diner will receive 100% of the payment for the service. The fees for the operation of Kweezing will be subtracted from all reimbursements and payments.
3) Strict: a) Cancellation from 1 to 5 days before (0 to 143: 59 hours): there will be no refund for the Diner. The Chef will receive full payment for the service. b) Cancellation 6 to 7 days before (144 to 191: 59 hours): the Diner will receive 50% of the payment for the service and the Chef will receive the other 50%. c) Cancellation of 8 or more days before (192 hours or more): the Diner will receive 100% of the payment for the service. The fees for the operation of Kweezing will be subtracted from all reimbursements and payments.
The type of cancellation that the Chef configures will be visible in the Ad parameters. The Diner accepts the conditions at the moment of making the reservation. If a Chef cancels a confirmed Reservation made through the Website, the Services and the Application (i) KWEEZING will reimburse the Reservation total of said Reservation to the corresponding Diner according to the Terms and Conditions of Payment, and (ii) the Diner will receive a KWEEZING Communication with related information. If a Chef has canceled a confirmed Reservation and you, as a Diner, have not received any Communication from KWEEZING, you should contact KWZ SERVICES.
If, as a Chef, you cancel a confirmed Reservation, you agree that KWZ SERVICES may apply penalties or take action with respect to your Ad, including (i) the automatic publication of a criticism in your Ad indicating that a Reservation was canceled, (ii) maintaining the calendar of your Ad as not available or blocked for the dates of the canceled Reservation; or (iii) imposing a cancellation fee (Service Fee + Chef Service Commission) that will be deducted from the following service. Before you decide to cancel a reservation you will be informed of the situations in which a cancellation fee is applied. In certain circumstances, KWEEZING may decide, in its sole discretion, that it is necessary or convenient to cancel a confirmed Reservation made through the Website, the Application or the Services. KWEEZING will also determine, in its sole discretion, the reimbursement in favor of the Diner of all or part of the amounts that have been charged in accordance with the Reimbursement Policy for Diners or in relation to the cancellations regulated in the Circumstances Policy. You agree that KWEEZING and the corresponding Diner or Chef do not assume any type of responsibility for such cancellations or reimbursements.
KWEEZING (including all its subsidiaries) is exempt from any liability arising from or related to such agreements or to the services provided.
The modifications of reserves are the responsibility of the Diner and Chef and the agreements of the new criteria of the Reserve. One party must request a modification to the parameters of the Reserve. This request must be answered no later than 48 hours or when the preparation time limit set by the Chef has arrived, whichever comes first, on the other hand. In the event that the request has no answer and this expires, the parameters of the Reserve will be the same as the original reservation, having to make another reservation modification request. If the request is rejected, the parameters of the Reserve will be the same as the original reservation. If the request is accepted, the Reservation will be updated with the requested changes and both parties will be notified.
Tax regulations may require that we collect the proper tax information from our CHEFS, or that we withhold taxes from payments to our CHEFS, or both.
You, as a Chef, understand and accept that you are solely responsible for determining (i) your requirements with respect to the applicable tax information, and (ii) the Taxes that you must include, and to include Taxes to be collected, the relative obligations to the Taxes applicable to the Ads. You are also solely responsible for declaring to the competent authority any Tax included or received by you. KWZ SERVICES cannot offer and does not offer tax advice to Members.
KWZ SERVICES will issue payment vouchers to the Diners when the payment has been made successfully and to the Chef when his payment for the Service has been sent. If a Diner requires an invoice for the Service, they may request it up to 5 business days after having made the payment for the service. KWZ SERVICES will generate the corresponding invoice.
You understand and acknowledge that the appropriate agencies, departments or governmental authorities (hereinafter, the "Tax Administration") of the place where your Service is located may require that Taxes of the Diners or Chefs be collected on the amount paid for the right of use and / or occupy SERVICES, and that are sent to the respective Tax Administration.
KWZ SERVICES will not collect nor declare the Taxes corresponding to the Services on behalf of a Commensal or Chef. It is the responsibility of the Chef to declare and send the corresponding taxes to the Tax Administration of his jurisdiction.
KWZ SERVICES is a company legally established in Mexico. Chefs who offer their services in Mexican territory may receive their payments in one of the following ways:
Chefs that offer their services outside the Mexican territory will receive payment vouchers for the Services with a generic RFC for foreigners.
KWEEZING and its Website, Applications and Services presents the cost of Reservations between Diners and Chefs in US dollars (USD). The charge is made in Mexican pesos (MXN) at the exchange rate on the day of payment, so the charges reflected in the account statements of users may be different to the cost reflected in the Website, Applications and Services.
The payments to the Chefs corresponding to the Services provided will be channeled as follows:
1) Chefs with a bank account in Mexico: they can opt for 2 modes of payment, SPEI transfer or transfer through PayPal.
2) Chefs with a bank account outside of Mexico: PayPal transfer. So they will have to create their PayPal account to start receiving payments.
In both cases, transfers will be made in Mexican pesos (MXN) according to the exchange rate of the day of payment of the reservation.
You can consult details about currency conversion, including associated commissions, in the Payment Terms and Conditions.
As a Diner, you are responsible for leaving the Service (including any personal property or other good located in a Service) in the state in which you were when you arrived. You agree and agree that, as a Diner, you are responsible for your own acts and omissions and also for the acts and omissions of any person you invite or otherwise provide access to the Service. In the event that a Chef denounces the contrary and submits evidence of damages ("Report"), including, among others, photographs, you agree to pay the cost of replacing damaged items with equivalent items.
If a Chef or Diner presents a Report in relation to the confirmed Reservation, the Chef can request the payment to the Diner through KWEEZING. If the Chef or Diner contacts through a Report to KWEEZING, you will be notified, like the other party, of said Report, granting him or her the possibility to respond. If you, as the other party, agree to pay the Chef or Diner for damages or theft, or if KWZ SERVICES determines, in its sole discretion, that you are responsible for the damage caused to a Service, chattel or any other good located in a Service, KWZ SERVICES will charge the costs to you. KWZ SERVICES also reserves the right to charge you by any other means and to follow all available channels in this regard in situations in which it has been determined, at the discretion of KWZ SERVICES, that you have caused damage to a Service, movable good or any other good located in a Service.
Both the Diners and the CHEFS agree to cooperate with and assist KWZ SERVICES in good faith, and provide KWZ SERVICES with the information and take the measures reasonably requested by KWZ SERVICES, in relation to any Claims for Damages or other claims made by Members in relation to with the SERVICES or any personal or other existing property in a Service or with respect to any investigation made by KWZ SERVICES or a representative of KWZ SERVICES with respect to the use or abuse of the Website, the Application or the Services. If you are a Diner, at the reasonable request of KWZ SERVICES, and to the extent that you can reasonably do so, you agree to participate in a similar mediation or dispute resolution process with a Chef, at no cost to you, whose process will be carried out by KWZ SERVICES or a third party selected by KWZ SERVICES or its insurer.
You understand and agree that you are solely responsible for compliance with all laws, regulations and regulations, as well as tax obligations that are applicable to your use of the Website, the Application, the Services and the Collective Content. . In relation to your use of the Website, the Application, the Services and the Collective Content, you may not, and agree not to:
• Violate any local, state, provincial, national or other laws or regulations, or any court order, including, among others, urban restrictions and tax regulations;
• Use software, devices, scripts, robots, backdoors or other means or manual or automatic processes in order to access, extract, collect or analyze content from any web page or other service hosted on the Website, the Application, the Services or the Collective Contents;
• Use the Website, the Application, the Services or the Collective Contents for commercial or other purposes that are not explicitly authorized in these Conditions, or in a way that falsely supposes the existence of an endorsement by KWZ SERVICES or a association with KWZ SERVICES, or that otherwise misleads others in regards to your relationship with KWZ SERVICES;
• Tampering, staining or otherwise damaging the KWEEZING brand in any way, including, without limitation, the unauthorized use of Collective Content, the registration or use of KWEEZING or derivative terms in domain names, trade names, trademarks or other identifiers of origin, or the registration or use of domain names, trade names, trademarks or other identifiers of origin that closely mimic domains, trademarks, slogans, promotional campaigns or Collective Content of KWZ SERVICES, or that are so similar to those that lead to confusion;
• Copy, store, access or otherwise use any information hosted on the Website, the Application, the Services or the Collective Content for purposes that are not explicitly authorized in these Conditions;
• Infringe the rights of KWZ SERVICES or of any other person or entity, including, among others, your intellectual property, privacy, publicity or contractual rights;
• Interfere with, or damage our Website, Application or Services, by means such as, among others, the use of viruses, cancellation robots, Trojan horses, malicious code, packet invasion, denial of service attacks, backdoors, spoofing IP packets, routes, or false email address information or similar methods or technology;
• Use our Website, Application or Services to transfer, distribute, publish or send information related to other natural or legal persons, including, by way of illustration, photographs of others without your permission, personal contact information or account numbers or credit cards , debit or telephone;
• Use our Website, Application, Services or Collective Content in connection with the distribution of unsolicited commercial e-mail ("Spam") or ads not related to the Service in a particular residence;
• "Besiege" or harass any other user of our Website, Application, Services or Collective Content or collect or store any personal identification information for any other user for purposes other than transactions such as Diner or KWEEZING Chef;
• Offer, as Chef, any Service that can not be Reserved under the terms and conditions of an agreement with a third party;
• Register in more than one KWEEZING Account or register in a KWEEZING Account on behalf of a person other than yourself;
• Except with the express permission of KWZ SERVICES, request or reserve a Service if it is not you who will stay in said Service;
• Contacting another Member for any reason other than asking a question related to a Reservation, a Service or an Advertisement, or with the use by that Member of the Website, the Application and the Services;
• Recruit or otherwise ask any Chef or another Member to join services or websites of third parties that are the competence of KWZ SERVICES, without the prior written approval of KWZ SERVICES;
• Recruit or otherwise request any Member to join services, applications or websites of third parties without our prior written approval;
• Impersonate any person or entity, or falsify or otherwise misrepresent your identity or your relationship with any person or entity;
• Use automatic scripts to collect information, or in any other way interact with the Website, the Application, the Services or the Collective Contents;
• Use the Website, the Application, the Services or the Collective Content to find a Chef or a Diner and then make a Reservation of a Service independent of the Website, the Application or the Services to avoid the obligation to pay any Service Fee related to the provision of the Services by KWEEZING or for any other reason;
• As a Chef, submit any Ad with false or misleading information, for example about prices, or send an Ad with a price you do not intend to respect;
• Violate these Conditions or the Community Policies and Guidelines or KWZ SERVICES / KWEEZING Rules in force at any time;
• Engaging in detrimental, deceptive, abusive or harassing conduct in any area or aspect of our Platform, Application or Services;
• Publish, upload, send or transfer Content that: (i) infringes, misappropriates or infringes a patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of a third party or rights of publicity or privacy ; (ii) violate any applicable legislation or regulations, or that encourage any conduct that would infringe these, or generate civil liability; (iii) they are fraudulent, false, deceptive (directly, by omission or by not providing updated information) or false; (iv) are defamatory, obscene, pornographic, ordinary or offensive; (v) promote discrimination, intolerance, racism, hatred, harassment or injury against any person or group; (vi) are violent or threatening or promote violence or actions that are threatening to any other person; (vii) or encourage illegal or harmful activities or substances;
• Systematically recover data or other content from our Website, Application or Services to create or collect, directly or indirectly, in a single or multiple downloads, a collection, collection, database, directory or similar, either by manual methods, using bots, crawlers or "spiders", or by other means;
• Use, display, reflect or frame the Website, the Application, the Services or the Collective Content or any individual element of the Website, the Application, the Services or the Collective Contents, the name of KWZ SERVICES, any commercial brand of KWZ SERVICES, logo or other information subject to property rights, or the design and layout of any page or form contained in a page on the Website, the Application or the Services, without the express written consent of KWZ SERVICES;
• Access, manipulate or use non-public areas of the Website, the Application or the Services, the KWZ SERVICES computer systems, or the technical supply systems of the KWZ SERVICES providers;
• Try to probe, scan or test the vulnerability of any system or network of KWZ SERVICES, or violate any security or authentication measure;
• Avoid, remove, disable, reduce, decode or otherwise circumvent technological measures implemented by KWZ SERVICES or any of the providers of KWZ SERVICES or third parties (including other users) to protect the Website, the Application, the Services or the Collective Contents;
• Forge TCP / IP packet headers or parts of the header information of any email or newsgroup publications or use the Website, the Application, the Services or the Collective Content in any way to send altered, deceptive or false information that identifies the origin;
• Try to decipher, decompile, disassemble or apply reverse engineering techniques to any software used to offer the Website, the Services, the Application or the Collective Contents;
• Promote or encourage the realization by third parties of any of the above practices or help them to do so;
• Accept or make a payment of Service Fees other than KWEEZING. If you do so, you accept and agree that: (i) you will be violating these Conditions; (ii) you must accept all risks and liability for such payment and (iii) you must exempt KWZ SERVICES from any liability for such payment.
KWZ SERVICES has the right to investigate and bring legal action against infractions consistent with any of the foregoing practices to the fullest extent permitted by law. Likewise, and as provided in these Conditions, KWZ SERVICES may adopt various measures against you, including, among others, the elimination or disqualification of access to any or all of its Member Content or the deactivation or cancellation of your (s) ) Announcement (s) or your KWEEZING Account, for the violation of the provisions of this section or these Conditions. KWZ SERVICES may access, preserve and disclose your information when required by law, or when we consider in good faith that it is reasonably necessary to (i) respond to claims filed against KWZ SERVICES or to comply with any procedural notification (eg , subpoenas or court orders), (ii) enforce or administer our agreements with users, such as these Terms and the KWEEZING Chef's Guarantee, or (iii) prevent fraud, assess risks, conduct investigations, provide support to clients, develop products or perform purifications, or (iv) protect the rights, assets or security of KWZ SERVICES, its users or the general public. You agree that KWZ SERVICES has no obligation to monitor your access to or use of the Website, the Application, the Services or the Collective Content or to review, delete, disable access or edit Members' Content, but you have the right to do so. the purpose of operating and improving the Website, the Application and the Services (for purposes that may include, among others, avoiding fraudulent activities, evaluating risks, conducting investigations and providing support to the client), ensuring compliance with these Conditions, complying the applicable law or the order or requirement of a court, administrative body or other official body, respond to content that is considered questionable in any way or in accordance with the stipulations of these Conditions. KWZ SERVICES reserves the right to withdraw or deactivate, at any time and without prior notice, access to Collective Content that KWEEZING, in its sole discretion, considers to be questionable for any reason, violates these Terms or is otherwise harmful. for the Website, the Application or the Services.
REPORT OF BAD BEHAVIOR If you are staying with or welcoming someone you believe is acting or has acted inappropriately, including, but not limited to, any person who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) suspects that you have stolen, or (iii) engages in any other disruptive behavior, you must immediately report said person to the appropriate authorities and then to KWZ SERVICES informing us of your police station and the complaint number; provided that your complaint will not force us to take any action beyond what is required by law (if any) or cause us to incur any liability to you.
You agree that the Privacy and Cookies Policy of KWZ and KWEEZING SERVICES (in its updated version) regulates the collection and use of your personal data.
Laws regarding copyrights, trademarks and other types of the United Mexican States and other countries protect the Website, the Application, the Services and the Collective Contents. You agree and agree that the Website, the Application, the Services and the Collective Content, including all associated intellectual property rights, are the exclusive property of KWZ SERVICES and its licensors. You agree not to remove, alter or hide notices of copyright, trademarks, service marks or other property rights that are incorporated or accompanying the Website, the Application, the Services and the Collective Content. All trademarks, service marks, logos, trade names and any other proprietary designations of KWZ SERVICES used in or in connection with the KWEEZING Website, Application, Services and Contents are trademarks or registered trademarks of KWZ SERVICES. The trademarks, service marks, logos, trade names and any other proprietary designations of third parties used in or in connection with the Website, the Application, the Services and the Contents of KWEEZING are used only for identification purposes and may be property of their respective owners. As a Chef, Commensal or Member, you accept and agree that you are bound by the Conditions, Guidelines and Additional Policies that apply to your use of the Website, the Application, the Services and the Collective Content.
Our Website, Application and Services have different products, functions and offers; so, sometimes, additional conditions or product requirements will apply to your use of those products, features and offers. For example, additional conditions apply if you recommend KWEEZING to new users ("Recommendation Program"). If there are additional conditions for the corresponding product or Services that you use, these additional conditions become part of these Conditions.
Subject to your compliance with these Terms and the Trademark Guidelines of KWZ SERVICES, KWZ / KWEEZING SERVICES grants you a non-exclusive and non-transferable limited license to (i) access and display any KWEEZING Content exclusively for your purposes personal and non-commercial and (ii) access and display any Content of Members that are allowed access, exclusively for their personal and non-commercial purposes. You do not have the right to sublicense the license rights granted in this section. Except as expressly permitted by these Terms, you will not use the Website, the Application, the Services or the Collective Content, nor copy, adapt, modify, prepare derivative works based on them, distribute, license, sell, transfer, exhibit or will publicly reproduce, broadcast, disseminate or exploit by other means. You will not be granted any license or right, implicitly or explicitly, by virtue of any intellectual property right that is owned or controlled by KWZ SERVICES or its licensors, with the exception of the licenses and rights expressly granted here in terms.
We can, in our sole discretion, allow you to publish, upload, post, submit or transmit Members Content. By making any Member Content available on the Website, the Application, the Services or through promotional campaigns of KWEEZING, you grant KWZ SERVICES a worldwide, irrevocable, perpetual license (or for the term of protection), not exclusive, transferable, free of royalties, with the right to sublicense, use, visualize, copy, adapt, translate, modify, distribute, license, sell, transfer, display or publicly reproduce, transmit, download continuously, issue, access, visualize and in any other way exploit said Members Content in, or through the Website, the Application and the Services or to promote or market the Website, the Application and the Services. KWZ SERVICES does not claim any ownership rights over such Members 'Content and nothing in these Terms will be deemed to restrict any right you may have to use and exploit such Members' Content. You accept and agree that you are solely responsible for all the Member Content that you make available through the Website, the Application, the Services or the promotional campaigns of KWZ SERVICES. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all the Member Content you make available through the Website, the Application and the Services or the promotional campaigns of KWEEZING, or you have all the rights, licenses, consents and permits necessary to grant KWZ SERVICES the rights over said Members' Content, as contemplated in these Conditions; and (ii) neither the Contents of Members nor their publication, loading, communication, sending or transmission of said contents or the use thereof (or any part thereof) by KWZ SERVICES in, through or through the Site Web, Application and Services or KWEEZING promotion campaigns will infringe, misappropriate or violate a patent, copyright, trademark, trade secret or moral rights of third parties or other industrial property rights or intellectual property, or the rights of publicity or privacy, or will result in the violation of any applicable law or regulation.
KWZ SERVICES respects copyright protection laws and expects its users to do so. It is KWZ SERVICES policy to cancel in the appropriate circumstances the KWEEZING Accounts of Members and other account holders who repeatedly infringe, or who are believed to have repeatedly infringed, the rights of the copyright holders.
• Period of validity These Conditions will have a validity of thirty (30) days, after which they will be renewed automatically and continued for successive terms of thirty (30) days until the moment you or KWZ SERVICES / KWEEZING resolve these Conditions of the form which is explained below.
A. Resolution for convenience You can resolve these Conditions at any time by means of the "Suspend Account" function of the Website or by sending us an email. If you cancel your KWEEZING Account as Chef, all confirmed Reservations will be automatically canceled, and your Diners will be fully reimbursed for all payments made. If you cancel your KWEEZING Account as a Diner, any confirmed reservations will be automatically canceled, and the refund will depend on the terms of the applicable cancellation policy. Without prejudice to our rights specified below, we may terminate these Conditions without alleging any cause at any time with thirty (30) days notice by email to your registered email address.
B. Resolution for non-compliance, suspension and other measures KWZ SERVICES may immediately resolve these Conditions without prior notice if (i) you have seriously breached these Conditions or our Policies, including, by way of example, the breach of your warranties indicated therein, or the breach of the provisions on the "Conduct of users" contained in these Conditions, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration of the KWEEZING Account, the process of preparing Ads or subsequently, (iii) has violated the applicable laws or regulations, or the rights of third parties, or (iv) KWZ SERVICES believes in good faith that such action is reasonably necessary to protect the security or property of other Members, KWZ SERVICES or third parties, to avoid activities fraudulent, assess risks or carry out investigations. Additionally, KWZ SERVICES may deactivate or delay the publication of Ads, ratings or other Members' Content, cancel any pending or confirmed Booking, limit your use or access to your KWEEZING Account and the Website, the Application or Services, temporarily or definitively revoke any special status associated with your KWEEZING Account or temporarily or permanently suspend your KWEEZING Account if (i) you have breached these Conditions or our Policies, which includes both serious breaches such as minor breaches, as well as receiving a low grade of Chefs or Diners, or (ii) KWZ SERVICES believes in good faith that such a measure is reasonably necessary to protect the safety or property of Members, of KWZ SERVICES or from third parties, for the prevention of fraud and risk assessment, and for security and research purposes. If we adopt any of the measures described in this section 21.C, we will be able to (i) inform your Chefs or Diners that the pending or confirmed Reservation has been canceled, (ii) fully reimburse your Diners any or all of the confirmed Reservations, independently of the existing cancellation policies, (iii) to help your Diners, in an exceptional way, to find potential service alternatives, and (iv) you will not be entitled to any compensation for the confirmed Reservations that were canceled. In the case of minor breaches, and when appropriate, KWZ SERVICES will inform you of any action taken and give you the opportunity to solve the problem in a reasonably satisfactory manner for KWZ SERVICES.
C. Consequences In the event of termination of this Agreement by you or us, we will not have the obligation to remove or return any of your Members' Content, including, among other elements, your valuations or opinions. When this Agreement is terminated you will not have the right to have your KWEEZING Account or any of your Membership Content restored. If your access to or use of the Website, the Application or the Services has been restricted, your KWEEZING Account has been suspended or we have terminated this Agreement, you may not register a new KWEEZING Account or attempt to access and use the Website, the Application or the Services through other KWEEZING Accounts.
D. Subsistence In case of termination of this Contract by you or us, the clauses of these Conditions that for reasonable reasons must subsist upon the termination of the Contract will remain valid.
IF YOU DECIDE TO USE THE WEB SITE, THE APPLICATION, THE SERVICES OR THE COLLECTIVE CONTENTS, YOU ASSUME ALL THE RISKS. YOU ACCEPT AND AGREE THAT KWZ SERVICES DOES NOT HAVE ANY OBLIGATION TO MAKE CHECKS OF SEXUAL ANGRY OR AGGRESSIONS OF ANY MEMBER, INCLUDING, AMONG OTHERS, DINERS AND CHEFS, BUT YOU MAY MAKE SUCH CHECKS AT YOUR SOLE DISCRETION, TO THE EXTENT THAT PERMITTED BY APPLICABLE LEGISLATION AND IF YOU HAVE ENOUGH INFORMATION TO IDENTIFY A MEMBER. IF WE DECIDE TO CARRY OUT THOSE CHECKS, TO THE EXTENT PERMITTED BY LAW, WE WILL NOT PROVIDE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY INAPPROPRIATE BEHAVIOR OF A USER IN THE PAST OR WARRANT THAT A USER IT WILL NOT INCUR IN INAPPROPRIATE BEHAVIORS IN THE FUTURE. THE WEBSITE, THE APPLICATION, THE SERVICES AND THE COLLECTIVE CONTENTS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT PREJUDICE TO THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE, USE AND PACIFIC ENJOYMENT OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY THAT MAY ARISE FROM AN AGREEMENT OR COMMERCIAL USE. KWZ SERVICES DOES NOT OFFER ANY WARRANTY THAT THE WEBSITE, THE APPLICATION, THE SERVICES, THE COLLECTIVE CONTENT, INCLUDING, BETWEEN OTHERS, ANNOUNCEMENTS OR ANY SERVICE, SATISFY YOUR REQUIREMENTS OR ARE AVAILABLE IN AN UNINTERRUPTED, SECURE AND ERROR-FREE MANNER. KWZ SERVICES DOES NOT OFFER ANY WARRANTY ON THE QUALITY OF ANNOUNCEMENTS, SERVICES, CHEFS, COMENSALES, ACCUMULATION OF TRAVEL CREDITS FOR KWZ SERVICES, SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, VERY SIMILARITY, INTEGRITY OR RELIABILITY OF ANY COLLECTIVE CONTENT THAT IS OBTAIN THROUGH THE WEB SITE, THE APPLICATION OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT PROVIDES KWZ SERVICES OBTAINED THROUGH THE WEB SITE, THE APPLICATION, SERVICES OR COLLECTIVE CONTENTS SHALL CONSTITUTE ANY WARRANTY THAT IS NOT EXPRESSLY COLLECTED HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU ARE COMMUNICATED OR INTERACTED AS A RESULT OF THE USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES, INCLUDING, AMONG OTHERS, CHEFS OR DINERS. YOU UNDERSTAND THAT KWZ SERVICES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS OF THE WEBSITE, THE APPLICATION OR THE SERVICES, OR TO REVIEW OR VISIT ANY SERVICE. KWZ SERVICES DOES NOT OFFER ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF THE USERS OF THE WEBSITE, THE APPLICATION OR THE SERVICES, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER OF THE WEBSITE, THE APPLICATION OR THE SERVICES. YOU AGREE TO ADOPT REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, THE APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU ARE COMMUNICATED OR INTERACTED AS A RESULT OF YOUR USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES , INCLUDING, AMONG OTHERS, DINERS AND CHEFS, ESPECIALLY IF YOU DECIDE TO KNOW WITH THEM OUT OF THE INTERNET OR IN PERSON, REGARDLESS OF WHICH SUCH ENCOUNTERS ARE ORGANIZED BY KWZ SERVICES. SERVICES KWZ EXPRESSLY DECLARES THAT IT DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF THE MEMBERS OR THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT YOU ASSUME ALL RISKS ARISING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR NOTICE OR THE RESERVATION OF ANY SERVICE THROUGH THE SITE WEB, OF THE APPLICATION AND SERVICES, AS WELL AS ANY CONTACT THAT YOU HAVE WITH OTHER USERS OF KWEEZING, WHETHER IN PERSON OR BY INTERNET. NOR KWZ SERVICES NOR ANY OF THE OTHER PARTIES THAT INTERVENE IN THE CREATION, PRODUCTION OR OFFERING OF THE WEBSITE, THE APPLICATION, THE SERVICES OR THE COLLECTIVE CONTENTS WILL BE RESPONSIBLE FOR INCIDENTAL, CONSTITUENT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, OF DATA OF THE FUND OF COMMERCE, THE INTERRUPTION OF THE SERVICE, COMPUTER DAMAGE OR SYSTEM FAILURES, OR THE COST OF ALTERNATIVE PRODUCTS OR SERVICES, NOR PERSONAL DAMAGES, INJURIES OR PSYCHOLOGICAL DAMAGES THAT ARE DERIVED FROM THESE CONDITIONS OR THAT KEEP RELATIONSHIP WITH THE SAME ; WHICH ARISE FROM THE USE OR IMPOSSIBILITY OF USE OF THE WEBSITE, THE APPLICATION, THE SERVICES OR THE COLLECTIVE CONTENTS; THAT RISE AS A RESULT OF ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER USERS OF THE WEB SITE, THE APPLICATION OR THE SERVICES OR OTHER PERSONS WITH WHOM YOU ARE COMMUNICATED OR INTERACTED AS A RESULT OF YOUR USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES, OR OF YOUR ANNOUNCEMENT OR THE RESERVATION OF ANY SERVICE THROUGH THE WEBSITE, THE APPLICATION OR THE SERVICES, ARE ALREADY BASED ON PRINCIPLES OF WARRANTY, CONTRACTUALITY, CIVIL ILLICIT (INCLUDING NEGLIGENCE), LIABILITY FOR DEFECTIVE PRODUCT OR ANY OTHER LEGAL PRINCIPLE. , AND KWZ SERVICES HAVE BEEN ADVISED OR NOT INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF IT IS APPRECIATED THAT A LIMITED LEGAL REMEDY COLLECTED HEREIN HAS FAILED IN ITS ESSENTIAL PURPOSE.
You agree to waive, defend, indemnify and indemnify KWZ SERVICES and its affiliates, directors, officers, employees and agents against any claim, civil liability, compensation for damages, losses and expenses, including, among others, reasonable attorneys' fees. and accountants, who arise from or are in any way related to (a) their access to or use of the Website, the Application, the Services, the Collective Content or their violation of these Conditions; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Reservation of a Service, or (iii) creation of an Ad; (d) the use, status or Reservation of a Service by you, including, among others, any injury, loss or damage (compensatory, direct, incidental, emergent or other) of any kind that arises in connection with, or as a result of a Reservation or use of a Service.
Except for the fact that they can be complemented by a document referenced and incorporated herein or by additional KWZ SERVICES policies, or the terms applicable to a specific product, function, service or offer, these Conditions constitute the complete and exclusive agreement between KWZ SERVICES and you in relation to the Website, the Application, the Services, the Collective Content (excluding the Payment Services) and any Reservations or Ads of SERVICES made through the Website, the Application and the Services (excluding Payment Services) ). These Conditions invalidate and supersede all previous agreements, written or oral, between KWZ SERVICES and you in relation to Reservations or Ads of SERVICES, the Website, the Application, the Services and the Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, neither by legal imperative nor in any other way, without the prior written consent of KWZ SERVICES. Any attempt by you to assign or transfer these Terms without having obtained such consent shall be null and void. KWZ SERVICES may assign or transfer these Terms at its sole discretion and without any restriction. Notwithstanding the foregoing, these Terms will bind and will be in the best interest of the parties, their authorized successors and assigns.
Any notification or other communications permitted or required by virtue of those present, including those relating to modifications of these Terms, shall be in writing and KWZ SERVICES will send them (i) through Communication (in each case, to the address provided by you) or (ii) through its publication on the Website or through the Application. In notifications sent by means of Communication, the date of receipt shall be considered to be the date on which such notification is transmitted.
These Conditions and your use of the Services will be interpreted in accordance with the laws of Mexico City and the Mexican Republic. The foregoing in order to prevent the contravention, misappropriation or material violation or threat of copyright, trademark, trade secret, patent or other intellectual property rights of one of the parties, as established in the Dispute Resolution provision below.
The agreements made through this portal are in good faith, so that for their interpretation and compliance they agree to resolve their differences through the representative that each one designates, and only in case of controversies, submit to the jurisdiction and competition of the Courts of the City of Mexico, renouncing therefore the jurisdiction that could correspond to them due to their present or future domicile.
The non-application by KWZ SERVICES of any right or provision contained in these Terms shall not constitute a waiver of the future application of said right or provision. The waiver of said right or provision will only be effective if it is made in writing and signed by a duly authorized representative of KWZ SERVICES. Except as expressly stated in these Terms, the exercise by either party of any of its legal remedies under these Terms will be without prejudice to the other remedies available to it under these Terms or for other reasons. If for any reason a competent arbitrator or court determines that any provision of these Terms is void or ineffective, that provision may only be applied to the maximum extent permitted by law, and the rest of the provisions of these Terms will remain fully valid and effective.
These Conditions do not grant, nor claim, rights or actions to other persons than the parties.