Terms & Conditions

Terms of Use

Last Updated: 23rd of April 2023

Welcome to nkotoremote.com

These Terms of Use (“Terms”) govern the respective rights and obligations between nkoto remote/ Tabitha Tangherlini and you and constitute a legally binding agreement (“Agreement”) between us. This Agreement governs your use of nkoto remote and any affiliated websites (together, the “Website”), your use of any nKotoremote mobile, tablet, and other smart device applications, (together, the “Application”), and your use of any Services (as defined below). Together, the Website, Application, and Services shall be collectively defined as the “Platform”.

Please note that your use of the nKoto remote Platform is also governed by other documents and policies incorporated into these Terms. In case of any conflict among these Terms and the other terms or policies, these Terms shall govern unless expressly stated herein

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY (SECTIONS X AND XI) AND REQUIRE US BOTH TO RESOLVE ANY DISPUTES BETWEEN US THROUGH MANDATORY ARBITRATION AND WITHOUT A JURY (SECTION XIII).

BY CONTINUING TO ACCESS OR USE THE PLATFORM AS A VISITOR OR MEMBER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.

If you do not agree with these Terms, you do not have the right to access the Platform.

Important points to know:

  • Members are only eligible to use the Platform if they are at least 18 years of age and are able to enter into legally binding contracts. By accessing the Platform, Members represent and warrant that they are 18 years of age or older and have the capacity to enter into legally binding contracts.
  • Members agree to comply with any applicable export control laws in the Member’s local jurisdiction, and each Member represents and warrants that i. You agree to comply with any and all export control laws of Germany as well as any applicable export control laws in the local jurisdiction.   ii. You represent and warrant that:
  • a. You are not located in, nor a citizen of, any country or jurisdiction that is subject to government embargoes or sanction, or that has been designated as a terrorist-supporting country by the German government; and 
  • b. You are not and have never been, included on a list of parties prohibited, sanctioned, or restricted by the German government. iii. Your decision to host, exchange, and travel is yours and yours alone. Government agencies of Germany may issue travel advisories on certain countries or regions of the world, regarding safety, crime, and other potential dangers that may pose a risk to visitors to the region. It is your responsibility, and not that of nKoto remote to consult these resources before you travel. 
  • Your decision to host, exchange, and travel is yours and yours alone. Government agencies may have travel advisories in place about certain countries or regions of the world regarding safety, crime, and other hazards that may pose a risk to visitors to the area. You, not nKoto remote, are responsible for consulting these resources in advance of your travel.
  • We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platform at any time after such changes are posted. You will not be permitted to access or use the Platform unless you agree with the updated Terms. We will notify you of any changes made to these Terms by changing the “Last Updated” date at the top of these Terms. Review any changes, and if you do not agree to them, please stop using the Platform.
  • Members are solely responsible for determining any laws, rules, or regulations that apply to them and ensuring that they understand and are in compliance with those rules regarding offering their Residence for an Exchange, including whether any licenses, permits, or other registrations are required before entering into an Exchange. nKoto remote does not offer legal advice to Members, so please seek independent legal guidance if you have questions about compliance.
  • Host Members are also solely responsible for providing and communicating to Guest Members any and all information that is necessary or desired for the proper usage of the Residence and all devices, features, and fixtures included therein (e.g., pools, lights, and HVAC systems).

Table of Contents

  • I. DEFINITION OF TERMS
  • II. GENERAL USE OF THE PLATFORM
  • III. MEMBERSHIP RULES
  • IV. THE HOME SWAP SERVICES
  • V. RATES AND TERMS OF PAYMENT
  • VI. INSURANCE
  • VII. PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM
  • VIII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
  • IX. PRIVACY
  • X. LINKS TO OTHER WEBSITES
  • XI. WARRANTY DISCLAIMER
  • XII. LIABILITY
  • XIII. INDEMNIFICATION
  • XIV. DISPUTE RESOLUTION
  • XV. MISCELLANEOUS

I. DEFINITION OF TERMS

  • “Exchange or Swap” means a Residence exchange entered into between a Host Member and a Guest Member. Exchanges may be: (i) simultaneous with another Residence exchange entered into by the same Guest Member and the Host Member, pursuant to which the Guest Member also loans his or her Residence to the Host Member, (ii) a deferred (non-simultaneous) symmetrical Residence exchange entered into between the two Members, or (iii) independent of any other Residence exchange (unilateral Exchange).
  • “Listing” means any Residence described on the Platform published by a Member, including any User Content used to describe such Listing. 
  • “Member” means any person who registers on the Platform and by doing so, accepts these Terms.
  • “Host Member” means a Member who offers his or her Residence for Exchange.
  • “Guest Member” means a Member who enters into an Exchange with a Host Member.
  • “Subscriber Member” refers to a Member who has subscribed to the nKoto remote Service on an annual basis and benefits from accessing an unlimited number of Exchanges over the 12 months period of the subscription’s validity dates.
  • “Verified Member” means a Member whose Residence address and identity (first and last name) have been confirmed by nKoto remote through its Verification service.
  • “Residence” means any residential real property (excluding, without limitation, campers, boats, mobile homes, and other impermanent structures), that a Member has the legal and/or contractual right to offer via the Platform.
  • “Service” or “Services” means any service rendered by nKoto remote to a Member through the Platform, subscription-based, including without limitation the nKoto remote Service.
  • “Home Swap Service” means the subscription-based Services offered by nKoto remote on the Platform, allowing Members to enter into a Swap, and includes additional Services such as recommendations, events, matching, and others offered by us through our site directly.
  • “Verification” means the Service proposed by nKoto remote of (i) verifying Members’ identities with copies of forms of identification provided, and (ii) verifying Members’ address in the listing.
  • “We”, “us”, and “our,” means nKoto remote.
  • “I”, “you”, “your”, “yourself” means you (a Member who uses the Platform in any manner, either through accessing the Website, Application, or Services).
II. GENERAL USE OF THE PLATFORM

Your use of the Platform is conditioned upon your compliance with these Terms.

When using the Platform, you will:

  • Not provide false or misleading information upon Account registration or to any Guest, Member, or Home Swap, create multiple accounts, or create fake accounts.
  • Not post on the Platform, or transmit to others, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
  • Not use any of the Platform to violate any applicable law, act in a discriminatory manner toward any other Member or third party, conduct or participate in fraudulent transactions, nor post or send any content or engage in any conduct that subjects any Guest, Member, or us to any threat of civil or criminal penalties.
  • Do not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another’s computer or gain otherwise unauthorized access to the computer.
  • Not accept payment from a third party in exchange for performing any commercial activity on the Platform in violation of these Terms without nKoto remote’s express permission.
  • Not interfere with another Member’s Account, circumvent measures intended to prevent or restrict access to the Platform, or use robots, spiders, or scrapers to collect Platform or Member content,
  • Not collect or otherwise obtain or use any information about others, including e-mail addresses, without consent.
  • Not solicit or offer any property, including a Residence for rent.
  • Not exchange a Residence outside the Platform when that Residence is listed on the Platform.
  • Comply with other rules and prohibitions set forth throughout these Terms.

You further agree that:

  • You assume all liability for your use of any information appearing on any part of the Platform.
  • You have the authority to enter into this Agreement, to post your Listing, and to offer it for a Swap.
  • You are solely responsible for your communications and relationship with other Members.
  • nKoto remote has the right but not the obligation to monitor the use or access to the Platform in order to ensure the security of Members generally and/or the Platform or to ensure compliance with these Terms or comply with any applicable laws, rules, regulations, or order from any legal authority. Members agree to cooperate with and assist nKoto remote in good faith, provide any related information, and take any other actions reasonably requested by nKoto remote regarding any investigation by nKoto remote or any legal authority regarding the misuse of the Platform.
  • If you believe in good faith that a Member is violating these Terms or has otherwise acted inappropriately or illegally, you should immediately report such Member to nKoto remote and, as may be the case, to the relevant legal authorities. Any report made to nKoto remote and/or legal authorities however shall not obligate nKoto remote to respond in any particular way except as may be required by law.

Any web address or URL links must be approved by nKoto remote. Email addresses and other contact information must reside only in the authorized locations within the Listing. All other references to specific web addresses, websites, email addresses, or phone numbers may be removed without notice.

Note that any translations provided by nKoto remote cannot be guaranteed as accurate and Members are responsible for reviewing any translations provided regarding their Listings.

III. MEMBERSHIP RULES FOR PRIVATE MEMBERS

You may not authorize others to use your Account, and you may not use your Account for the benefit of others (for example, by using your account to register a Swap for a friend or other third party outside of your immediate household). Except as otherwise expressly provided for herein, you may not assign or otherwise transfer your account to any other person or entity.

  1. CREATING AN ACCOUNT

In order to register with the Platform, you must first create an Account by providing the personal information requested (including without limitation first and last name, date of birth, telephone number, and email address). You may only create one Account for your immediate household, and you may choose to treat adult members of your immediate household as authorized users of your Account.

Members must keep their Account information up-to-date at all times. nKoto remote shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. Upon registration, you must: (i) be 18 years of age at the time you register your account; (ii) have the legal or contractual right to offer the Residence via the Platform and continue to have that right during your use of the Platform; and (iii) have the authority to enter into a Swap. In addition, a Member Account is for that Member’s sole, personal use, and Accounts may not be created for business or other commercial purposes. nKoto remote reserves the right to refuse (without justification and without recourse or compensation) the registration of any Member Account for any reason, at any time, in its sole and absolute discretion.

Upon registration, Members will select a username and password, which can only be changed at the Member’s request. Each Member is solely responsible for his or her username and password and agrees to keep them confidential and not to disclose them to anyone, in any form, for any reason. Each Member shall be solely responsible for any third-party use of a Member’s username or password and for any actions or statements made through his or her Account by a third party, whether fraudulent or not and shall indemnify nKoto remote against any claim relating thereto. Moreover, nKoto remote shall not be liable for any identity theft of any Member. If a Member has reason to believe that a third party is fraudulently using the Member’s identity or is otherwise using the Member’s account in an unauthorized manner, the Member must immediately inform nKoto remote. In the event of loss or theft of a Member’s username or password, the Member must immediately change his or her username and/or password and the Member shall be solely responsible for any losses relating to such loss or theft.

You agree to only create and/or use one Account. Any exception to this rule must be granted nKoto remote’s prior written approval. Any Accounts created in violation of the foregoing shall be subject to immediate suspension and/or termination.

Members are not and should not be construed as an employee, agent, joint venture, or partner of nKoto remote for any reason, and all Members are acting exclusively on their own behalf and benefit and not those of nKoto remote. nKoto remote does not in any manner control or direct any Member and each Member acknowledges and agrees that he or she has complete discretion on whether to post a Listing or enter into a Swap. If you register your Account using a third-party social networking service, you can disable the connection between your social networking account and nKoto remote by accessing your Account settings.

  1. ACCOUNT VERIFICATION

nKoto remote will request verification of each Member’s name and address when the Member creates an Account. All Members must provide proof of address and a form of identification when the Member creates an Account. nKoto remote reserves the right to accept or reject supporting documentation for verification at its sole discretion. When a Member’s address and first and last name have been verified, such Member shall be deemed a “Verified Member” on their profile.

Just because a Member has been verified does not guarantee the accuracy of any content provided by that Member, nor guarantee the accuracy of any Listing. nKoto remote provides no endorsements or assurances regarding Verified Members or their Listings.

  1. ANTI-DISCRIMINATION POLICY

nKoto remote is a community dedicated to extending hospitality and warm welcomes to guests from around the world. We work to build the future of travel by celebrating home swap as an authentic, human way to travel.

Above all, nKoto remote is about people. People who believe nKoto remote is the best way to travel, discover the world, and explore its wonders. People who are open to getting to know other travelers and to different perspectives. People who ceaselessly welcome new members, new cultures, and new ways to see and be open to the world.

Discrimination does not have a home on our Platform. nKoto remote is committed to promoting diversity and inclusion within our community, based on trust and respect.

As a company, we remain committed to making travel accessible to all who work remotely, and to making our platform a safe, welcoming place for everyone. To this end, we do not allow unlawful discrimination, or hate speech among members.

The nKoto remote community has hosts and guests across different cities, with a wide range of religions, languages, beliefs, cultures, values, and norms. It is all of our responsibility to ensure that members can find a place where they belong in the nkoto remote community. By signing up for nKoto remote, members agree to welcome guests of all backgrounds, regardless of race, color, ethnicity, religion, national origin, language, sexual orientation, gender identity, marital status, or disability. Members agree to make every effort to be welcoming, accommodating, and inclusive to everyone on our Platform.

nKoto remote reserves the right to suspend or terminate the membership of any Member who demonstrates a pattern of discriminatory behavior that is not aligned with nKoto remote’s core values or is illegal.

Some jurisdictions may have additional legal requirements that expand or limit civil rights protections. Compliance with nkoto remote’s Anti-Discrimination Policy is mandatory and we ask members to contact our Member Support team with any questions or concerns.

  1. LISTINGS

Host Members must keep their Listings up-to-date and accurate at all times, including:

  • All User Content included in the Listing;
  • Description, location, and availability dates;
  • Deficiencies, restrictions (including any rules applicable to Guest Members); and
  • Any other information requested by a nKoto remote member.

A Residence can only appear on the Account of a single Member, even if several people hold the title to this Residence. Listings may not contain hyperlinks.

Any particular terms or conditions listed in a Member’s Listing cannot conflict with these Terms.

nKoto member reserves the right to request that certain minimum information be included in any Listing and that Listing information be presented in a particular format.

The placement of Listings in nKoto remote search results may vary and depend on a variety of factors relating to the Listing details and the Guest Member’s particular search. nKoto remote makes no guarantees regarding the particular placement of a Member’s Listing in search results.

All Members represent and warrant that the posting of a Member’s Listing and any acceptance of a Swap for a Host Member’s Residence will not breach any agreements such Member has entered into with any condominium association, homeowners’/ tenants’ association, cooperative agreements, or other such agreements, and (i) complies with any laws, including zoning laws, tax requirements, or license or permit requirements, or any other laws, rules or regulations applicable to the Residence or Listing. All Host Members are responsible for their own acts or omissions or those of any persons present at the Residence, besides the Guest Member and his or her invitees.

  1. CLOSING AN ACCOUNT

Accounts Closed by nKoto remote

If a Member acts in violation of these Terms or any other rules or regulations issued by nKoto remote or exhibits any conduct contrary to our rules of good conduct, values, or ethics, or breaks any law, rule, regulation, or any other legal order issued by a governing jurisdiction, nKoto remote reserves the right, without justification and without compensation, to:

  • Not approve of member profile after submission
  • limit that Member’s access to the Platform;
  • remove any User Content hosted on the Platform; or
  • close an Account.

The following behaviors are strictly prohibited and may result in Account closure. This list is not all-encompassing and nKoto remote retains the right to remove, without warning or other notification, any User Content that is not compatible with the rules or guidelines of the Platform and/or that would undermine the security of the platform or other Members.

  • Creating more than one account for a single residence is not allowed.
  • Do not post false or misleading content on the platform.
  • Using fake accounts is prohibited.
  • You may not violate the rights of third parties, including their intellectual property rights.
  • Discrimination against other members or third parties is prohibited.
  • You may not pretend to be someone else or misrepresent your affiliation with anyone.
  • Spamming or sending unsolicited commercial messages is not allowed.
  • You may not use the platform to divert members from the platform or follow members on social networks for commercial purposes.
  • Uploading or transmitting harmful software/viruses is not allowed.
  • Interfering with other members’ accounts is not allowed.
  • Using automated tools to collect platform content is prohibited.
  • You may not collect or use others’ information without their consent.
  • Circumventing measures that restrict platform access are not allowed.
  • Including hyperlinks in a listing is not allowed outside.
  • Renting out properties or soliciting property rentals is not allowed.
  • You may not exchange a listed residence outside of the platform.
  • Misappropriating listed residences is prohibited.
  • Organizing fake exchanges
  • Advertising or soliciting unrelated products or services is not allowed.
  • Posting on the Platform or otherwise distributing to other Members, or nKoto remote, any defamatory, violent, abusive, harassing, obscene, threatening, sexist, pornographic, racist, homophobic, discriminatory, otherwise illegal, or, more generally, controversial material or content;
  • Uploading or transmitting any files that contain viruses, corrupted files, Trojan horses, malicious code, spyware, or any other software or programs that may harm the Platform or other Members’ or third parties’ computers, property, or other rights;
  • Posting or distributing, in any form whatsoever, information or content that has the effect of diminishing, disorganizing, or preventing the provision of the Services or interfering with the proper functioning of the Platform;
  • Interfering with another Member’s Account;
  • Using robots, spiders, scrapers or other means used to access the Platform and collect the Platform’s content for any purpose whatsoever;
  • Collecting or otherwise obtaining  or using any information about others, including e-mail addresses, without consent;
  • Circumvent measures intended to prevent or restrict access to the Platform;
  • Including hyperlinks in a listing;
  • Collecting or providing information on Members’ vacation periods with an aim to encourage burglary of Members’ Residences;

 

nKoto remote may close the Member’s Account without warning or formal notice. By closing an Account for a breach of these Terms, nKoto remote does not waive its right to any damages it may otherwise claim related to such breach.

Closure of a Member’s Account following a violation of these Terms will result in the termination of the Member’s current subscription, if any, without entitlement to any refund, even partial.

nKoto remote reserves the right to sign out, terminate, delete, or purge your Account, any related Listings, and any related information from the Platform and our servers if you have not signed in to the Platform for a particular period of time, as determined by us, in our sole discretion.

The Member will be informed by email or by notice through the Account of the closure of their Account.

Closing an Account at a Member’s Request

Members of the Platform may, at any time and for any reason, terminate their registration on the Platform by requesting the closure of their Account with nKoto remote, at no cost other than those related to the transmission of their request. To cancel an Account, a Member must send an e-mail to: nkotoremote@gmail.com providing the following information:

Full Name

The email address that your account has been created with

Date of payment

What you will be reimbursed for

Members may cancel their Accounts for any reason within fourteen (14) days from the start of their subscription, provided that no Swaps have been scheduled for such Members. The Member has a period of fourteen (14) calendar days from the first payment.

This request shall become effective one working day following receipt by nKoto remote of the request to close the Account between Monday to Friday and all future Swaps shall be canceled; however, if a Swap is in progress on the date of the request, the Account will not be closed until after the Swap and any related transactions are completed. nKoto remote will confirm cancellation by sending an email to the former Member at his or her email address.

A Member’s request to close an Account will not result in any refund, even partial, of any amounts paid relating to such Account.

Upon closure of a Member Account and/ or any other termination of these Terms, the clauses of these Terms that reasonably should survive termination shall remain in effect.

IV. HOME SWAPPING SERVICES

Prior to entering into their first Swap, Members must pay for their subscription outside of the Beta User phase. The subscription benefits from additional services, together, along with the ability to enter into a Swap, called the “Home Swap Service.”.

All Services included in and offered by the HomeSwap Service are indivisible and cannot be subscribed to individually.

We provide additional details about these services below.

  1. SWAP MANAGEMENT

nKoto remote provides its Members with an exchange management service via its Platform, allowing the Host Member to publish a listing to propose a Swap of their Residence, and allowing the Guest Member to review the Listing and book the Residence proposed for a Swap by a Host Member. nKoto remote is merely a platform provider. When Members enter into an Exchange, they are entering into a contract directly with each other. nKoto remote does not become party to any Swap, nor is nKoto remote a real estate broker or insurer. nKoto remote does not act as an agent in any capacity for any Member during a Swap, unless otherwise explicitly set forth herein. The swap management services provided by nKoto remote are automatized. As such, all contact between Members is initiated solely on the Members’ efforts and nKoto remote does not intervene in any manner unless otherwise explicitly described herein.

Each Swap is a limited license by a Host Member to a Guest Member to enter, occupy, and use the Residence for the provided period. To the extent permitted by applicable law, Host Members reserve the right to re-enter the Residence subject to the terms of the particular Swap. Should a Guest Member fail to vacate the Residence at the end of the defined Swap period, Host Members may take all permitted legal action to make the Guest Member vacate. 

Members wishing to execute a Swap via the Platform do so on their own initiative and under their own responsibility.

Members agree not to enter into any exchange of a Residence listed on the Platform outside the Platform. A violation of this provision will result in immediate Account closure. Member information (name, telephone number, address) must only be communicated to another Member during the execution of a Swap via the Platform.

nKoto remote in no way guarantees the legality of any Swap entered into between Members, nor its proper performance by any Member. Further, nKoto remote makes no guarantees regarding the availability of the Residence, the conditions of the Residence, or any other conditions imposed by one Member on another regarding a Swap.

Members alone assume the risks associated with providing a Residence or occupying a Residence in furtherance of a Swap, in particular, the risk of damage to the property or theft of certain items furnishing it. Host Members are free to select the Guest Member who will use his or her Residence. Preliminary correspondences between Host Members and Guest Members should be used to discuss (and avoid) any issues that may arise from an Exchange. Also to lay out all expectations so that both sides are aligned on the key points of a Swap.

Note that Guest Members are solely responsible for the acts or omissions of each and every invitee (whether disclosed to the Host Member or not) present at the Residence. Such invitees must comply with any requirements or rules set forth by the Host Member and must be made aware of and comply with these Terms. Guests represent and warrant that they are legally permitted to act on behalf of any minor included in the Swap. No minors may participate in any Swap unless accompanied by an adult who is legally responsible for them.

  1. MESSAGING SERVICE

nKoto remote provides Members with a free messaging service for the purposes of facilitating a Swap, sharing experiences regarding past Swaps, and connecting with other members to create new friendships; however, the use of the messaging service alone does not permit Members to enter into a Swap. The messaging service is automatized and as such, nKoto remote does not intervene in any manner.

Members are solely responsible for any information communicated via the nKoto remote messaging service. Any information shared between Members on the messaging service shall in no way bind nKoto remote, nor does nKoto remote in any way guarantee the information’s accuracy or completeness.

  1. VERIFICATION

nKoto remote provides a verification service, wherein nKoto remote will request verification of each Member’s name and address when the Member creates an Account. All Members must provide proof of address and a form of identification in order to verify the Member’s address and identity. nKoto remote reserves the right to accept or reject supporting documentation for verification at its sole discretion. When a Member’s address and first and last name have been verified, such Member shall be deemed a “Verified Member” on their profile. 

Just because a Member has been verified does not guarantee the accuracy of any content provided by that Member, nor guarantee the accuracy of any Listing. nKoto remote provides no endorsements or assurances regarding Verified Members or their Listings.

  1. SECONDARY ADDITIONAL SERVICES OFFERED BY THE HOME SWAP SERVICE

All secondary Services offered by the HomeSwap Service are indivisible and cannot be subscribed to individually.

Ratings, Responses, and Reviews

Following a Swap, the Host Member and Guest Member may leave reviews of the Residence and Guest Member and submit a related star rating, which will then be available on the Member’s Account profile and/or in relation to a Member’s Listing. Responses to reviews or ratings may be no more than 500 characters long.

Such reviews, responses, or ratings only reflect the views of the individual Members, and nKoro remote does not review the reviews, responses, or ratings nor guarantee their accuracy. Each Member providing a review, response, or rating agrees to only provide information that is accurate and not defamatory or contains offensive language. Reviews, responses, and/or ratings may not be made for purposes of extortion only. Members may not instruct other Members to leave fake reviews, responses, or ratings.

nKoto remote may choose to deny the posting of a review, response, or rating at its sole discretion.

V. RATES AND TERMS OF PAYMENT

Members may register, contact other Members, access the Website, access the Listings, and message other Members, and have nkoto remote verify their identity and phone number, free of charge.

All Swaps will require a Member to subscribe to the membership “Home Swap Service” Account. 

Subscription to the Home Swap Service is available as an annual subscription granting Members access to an unlimited number of Swaps over the validity period of the above-referred subscription. Subscriber Members pay an annual subscription fee for an unlimited number of exchanges during a twelve (12) month period of the subscription validity dates. Subscriptions are renewed automatically for successive 12-month periods unless canceled on or before the last day of the current 12-month term. If the Member terminated its subscription during the current term, no refund, even a partial refund, will be due.

Before confirmation of any paid subscription-based Services, Members will be informed of the relevant pricing and will be required to accept such pricing before proceeding to payment. Prices offered by nKoto remote are subject to change. Any change in price shall take effect immediately upon notice and shall apply to any future purchases made by a Member after such changes come into effect. Furthermore, nKoto remote may choose to temporarily modify pricing for the Services for promotional events or in relation to new Services. Such changes shall take effect on the date provided in the relevant notice to Members. nKoto remote may offer new Services at any time, with or without notice.

Please note that no payment made by a Home Swap pursuant to any Home Swap Service, whether to a Host Member or a Guest Member, shall release, reduce or waive any liability of a Member for any damage, injury, or other loss caused by that Member or any other Member invitee, or for which a Member is otherwise responsible.

  1. TAXES AND FEES

Prices will be listed in euros. Members shall be solely responsible for the payment of all applicable taxes resulting from the Member’s use of the Platform. nKoto remote shall in no way be liable for any Member bank or credit card fees or charges relating to the Member’s payment for the Services via the Platform.

The Home Swap Services and any other paid Services billed to a Member by nKoto remote are not considered digital services. These Services are under the purview of Article 54 of the Directive 2006/112/CE and are therefore not subject to VAT based on the place of consumption.

Any taxes that may apply will be calculated based on nKoto remote’s place of business. Nevertheless, if a conflicting rule in a European Union member state having jurisdiction over the place where services are effectuated applies, the paid Service may be billed by nKoto remote with the VAT of the paying Member’s applicable jurisdiction. This VAT will be collected by nKoto remote and remitted to the relevant local taxing authority.

  1. PAYMENT FOR SUBSCRIPTIONS

Subscription payments may be made by credit or debit card or PayPal (subject to any additional PayPal’s terms and conditions imposed by PayPal). nKoto remote may, at its sole discretion, accept or refuse payment by check or wire transfer. All payments are non-refundable, except where a Member requests cancellation of an Account.

  1. SUBSCRIPTION REFUNDS

Any subscription refunds approved and authorized by nKoto remote will be issued to the Member no later than twenty (20) business days following the date of cancellation. (only if the refund request has been confirmed by nKoto remote under its terms of use, we will refund within the next 20 days since the request as long as there are no Swaps scheduled or booked under the Account).

In the case of an annual subscription, the right of withdrawal will apply to each renewal and must be exercised within fourteen (14) days from the first day of the automatic subscription renewal.

VI. INSURANCE

Host Members are solely responsible for obtaining and maintaining valid homeowners’, renters’, or other insurance as may be required by relevant law, relating to the Swaps and any amenities relating thereto. Such insurance must remain valid and in force throughout the duration of the Swap. Any lapse in such insurance may result in the immediate cancellation of a Host Member’s Account. In addition, nKoto remote may request that a Host Member promptly provide proof of such insurance and any other information relating to such demand. Failure to respond or provide accurate information may result in the cancellation of a Member’s Account.

It is the responsibility of Members to review and understand their own insurance coverage and the coverage provided by any other Member with whom a Member enters into a Swap, including property, and liability. You shall remain solely liable in the event that your participation in a Swap violates an agreement or policy with your insurance provider.

VII. PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY; PROHIBITION AGAINST SPAM

The Platform is a service offered by nKoto remote, a private organization, and any information that is exclusively available to Members is private and not in the public domain. All content made available exclusively to Members is for the purpose of arranging Swaps and connections between Members.

The Platform shall not be used for any solicitations or for any commercial use. Data mining of information from the Platform and/or collecting or storing personal information about Members is strictly prohibited. Any attempt to collect or use personal information from Members or contact Members or groups of Members other than for arranging a Swap or a connection violates these Terms.

Inquiries and communications may be monitored and filtered by nKoto remote prior to delivery to Members. nKoto remote is not responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.

Communications sent between you and other Members that are not readily accessible to the general public may be reviewed by us for compliance with these terms, but will be treated by us as private to the extent required by applicable law. We shall have the right to remove any such content that, in our sole discretion, violates, or is alleged to violate, the law or these terms. Notwithstanding this right, you remain solely responsible for the content of the material you post and communications you exchange.

nKoto remote does not participate in or tolerate the sending of the the unsolicited commercial email (“SPAM”). nKoto remote reserves the right to cancel (without refund) any Member that mentions nKoto remote or any of its Websites, URLs, or any associated nKoto remote email address in any SPAM message. nKoto remote reserves the right to cancel (without refund) any Member that uses nKoto remote to send any solicitations other than personal Swap requests or replies. Any violation of this paragraph shall subject the violator to severe penalties and you shall indemnify and hold nKoto remote harmless from and against any and all costs and damages incurred by nKoto remote as a result of such violation.

VIII. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
  1. USER CONTENT

The Platform may contain areas in which you or other Members may post or submit information, including text, photographs, images, or other information (“User Content”). We reserve the right to remove or refuse, without any warning or other notification, any User Content that does not comply with the rules set forth herein and/or would undermine the security of the Platform or other Members.

Ownership of User Content

User Content is owned by you or whoever created it. By submitting User Content to the nKoto remote team or posting any User Content on the Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use, copy, perform, reproduce, promote, publish, display and distribute any User Content and all copyright, in and to, each and every photograph, video, image, and all information related to your Listing or other User Content. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph. Please do not post any User Content unless you have permission from the person who took the picture and anyone who is depicted in the picture. We will be entitled to use your User Content without incurring obligations of confidentiality, attribution, or compensation to you.

Liability

You are responsible for determining whether User Content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any User Content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission, and agree to indemnify, defend (at its request) and hold harmless nKoto remote from any claims or losses incurred by it due to your breach of any provision of this section. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of any Guests or Members or for any views, opinions or statements expressed in any User Content on the Platform. You use the Platform and view the User Content strictly at your own risk.

We reserve the right to revoke your use or access to the Platform at any time, in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the interests of nKoto remote or its partners and affiliates.

  1. PLATFORM CONTENT

The Platform contains materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content”) that we provide for your educational and general use.

Ownership of Platform Content

Except for any User Content, all of the Platform Content is owned by nKoto remote or others from whom we license the Platform Content, and is protected under the United States’ and other countries’ copyright laws.All trademarks, logos, service marks and trade names are owned, registered, and/or licensed by nKoto remote or its parent or affiliate companies.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any content appearing on the Platform, including Platform and User Content, without our prior written consent, unless it is your own User Content that you legally post on the Platform.

Application

Subject to your compliance with these Terms, nKoto remote grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your mobile phone, tablet, or other personal devices; and (ii) access and view any Platform Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

IX. LINKS TO OTHER WEBSITES

The Platform may contain links to other sites maintained by third parties, or integrate services provided by third parties (“Third-Party Services”). These Third-Party Services are provided only as a convenience to you. nKoto remote and affiliated companies have no control over, and are not responsible for any content, products or services offered by Third-Party Services or found on related websites, or their terms of use or privacy policies. Members are solely responsible for compliance with such Third-Party Services’ terms of use and/or privacy policies. Links to third-party sites do not constitute an assumption of liability or sponsorship, endorsement, or approval of these sites or the content contained in these sites.

X. WARRANTY DISCLAIMER

Use of the Platform and any information obtained from the Platform is at your sole risk. nKoto remote makes no guarantees or warranties, either express or implied, regarding any Swap and/or the properties, personal and/or real, included in any Listing or Swap available through the Platform. nKoto remote makes no warranty of any kind, express or implied, as to the Listings, other Members, or any other information contained on the Platform, including, but not limited to, accuracy and non-infringement. nKoto remote has the right, but not the obligation, to pre-screen, monitor or remove any User Content. nKoto remote uses various tools and procedures designed to screen Members; however, nKoto remote does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by its Members on their Listings. nKoto remote makes no representations or warranties as to the conduct of Members or Guests, or the adequacy of a Member’s property published on a Listing, including as to whether a relationship between Members complies with federal, state, regional, or local laws, third party agreements, or other rules and regulations.

ASSUMPTION OF RISK: You assume all responsibility and risk for your use of and reliance on the Platform and any information obtained from or through the Platform, including your interactions with other Members, Exchanges in which you participate, and your use of other Services provided by nKoto remote. Your use of the Platform is voluntary and at your own risk. Some Services may carry inherent risk, and by participating in such Services, you choose to assume those risks voluntarily. The Platform and any feature on the Platform is provided on an “as is,” “as available” basis. The nKoto remote and its partners or  affiliates and their respective officers, directors, employees, agents, and licensees (the “ Home Swap Parties”) make no representations or warranties of any kind, express or implied, as to the accuracy of any information included on the Platform, the operation of the Platform or the information, content, features, materials, or products included therein.

To the fullest extent permitted by applicable law, the Parties through nKoto remote disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.

nKoto remote cannot guarantee the continuous and uninterrupted availability or accessibility of the Platform. nKoto remote has the right to restrict or limit the Platform as may be needed to protect its servers, or otherwise carry out maintenance measures.

Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Platform and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person’s reliance on information or other content posted on the Platform or transmitted to Members.

XI. LIABILITY

nKoto remote will not be liable for any damages of any kind arising from any Listings, Exchanges, or the use of the Platform or the accuracy of any information included thereon, including but not limited to direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages or damages resulting from loss of use, data, profits, goodwill, or business interruption, or for any damages for personal or bodily injury, or emotional distress, arising out of or in any way connected with these Terms, the use (or inability thereof) of the Platform, your communication or meeting with other Members, or from your publishing a Listing or entering into a Swap (whether as a Host Member or a Guest Member), whether based on warranty, contract, tort, negligence, strict liability or otherwise, even if nKoto remote has been advised of the possibility of such damages and even if the limited remedy set forth herein is found to have failed its essential purpose. Moreover, key exchange is solely and fully the responsibility of the owner, and that nKoto remote is not liable or responsible for the key exchange.

Except as may otherwise be expressly provided for herein, in no event will nKoto remote’s aggregate liability arising out of or relating to these Terms and Members’ use of the Platform or any Listings or Exchanges exceed the amounts a Member has paid nKoro remote, or one hundred Euros (EU €100) if no payments have been made.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between nKoto remote and each Member.

Some jurisdictions do not allow the disclaimer, exclusion, or limitation of certain warranties, liabilities, and damages, so some of the above disclaimers, exclusions, and limitations may not apply to you. In such jurisdictions, the liability of the nKoto remote parties will be limited to the fullest extent permitted by applicable law.

XII. PRIVACY POLICY

Please take a look at our full privacy policy here.

XIII. INDEMNIFICATION

You agree to indemnify and hold harmless the Parties of nKoto remote, from any injury or damage suffered directly or indirectly as a result of the use of your property or use by the Guest Member of your property and/or your use of the Host Member’s property including but not limited to: (i) any claims for injury or damage to person or property arising from a property you own; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party (including claims by Guest invitees, and including minor invitees); (iii) a violation of these Terms of Use or Privacy Policy by you or anyone using your computer (or Account, where applicable); (iv) a claim that any use of the Platform by you or someone using your computer (or Account, where applicable) infringes any right of any third party; (v) any misrepresentation by you or misuse of the Platform; (vii) any claims arising out of any interaction you have with another Member or such Member’s invitees, whether within or without the scope of the Platform, including without limitation any breach of any Swap or any other agreement to be performed by you; or (viii) your breach of any laws, rules or regulations of any applicable jurisdiction. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

XIV. DISPUTE RESOLUTION
  1. THIRD PARTY DISPUTES AND RELEASE.

You shall remain solely responsible for any claims, demands, or damages arising out of the breach or violation of third-party agreements or obligations to which you or your property are subject, including but not limited to licenses, lease agreements, insurance policies, home owners’ / tenants’ association regulations, condominium or co-op board bylaws, and local law. You release the Parties of nKoto remote from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of in any way connected any third-party agreement or obligations to which you or your property are subject.

  1. ARBITRATION AGREEMENT

When you have a problem or dispute with nKoto remote, you agree that you will first give nKoto remote an opportunity to resolve your problem or dispute. For avoidance of doubt, this Section applies to problems or disputes between you and nKoto remote arising from these Terms or our Privacy Policy, and not any dispute between you and other Members or Guests. You may send a written description of your problem or dispute to: nkotoremote@gmail.com. If for some reason your problem or dispute is not resolved satisfactorily within ninety (90) days after nKoto remote’s receipt of your written description of it, you agree to the arbitration provisions below. We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.

To the extent permitted by applicable law, by agreeing to these Terms and by using the Platform, you agree that any dispute between you and nKoto remote, which arises out of or is related to these Terms or our Privacy Policy and is not resolved satisfactorily within ninety (90) days, shall be resolved by arbitration. All disputes arising between You and nKoto remote shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. The arbitral tribunal shall be comprised of a sole arbitrator. The seat of the arbitration is Berlin, Germany. The decision of the arbitrator shall be final.

 

You and nKoto remote agree that all claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Either you or nKoto remote may seek any interim or preliminary relief from a court of Berlin, Germany necessary to protect the rights or property of you nKoto remote pending the completion of Arbitration.

The Arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms (or our Privacy Policy, if necessary) and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must include a written explanation and will remain confidential.

If any provision of this agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the German Arbitration Act (GAA). 

Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.

This section shall survive any termination of the Platform. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in Berlin, Germany. You and nKoto remote agree to submit to the personal jurisdiction of the courts located within Berlin, Germany for the purpose of litigating all such claims or controversies.

 

Arbitration Opt-Out.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO nkotoremote@gmail.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via Arbitration pursuant to these Terms.

The parties shall be bound by the results of the Arbitration and the Arbitration result shall be final. You agree to service the process by email to the email address you register with the Platform. The parties shall initially both bear their own costs of the Arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys’ fees and arbitrator’s fees. VOID WHERE PROHIBITED.

The Platform and its contents are intended to comply with the laws and regulations of Germany. nKoto remote reserves the right to limit the provision of its services to any person, geographic region, or jurisdiction and/or to limit the quantities of any services we provide. Any offer for any Service made on the Platform is void where prohibited.

  1. WAIVER OF JURY TRIAL; NO CLASS ACTIONS

nKoto remote and each Member acknowledges and agrees that they are waiving the right to a trial by jury as to all disputes subject to arbitration.

nKoto remote and each Member acknowledges and agrees that each waives the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, no arbitrator assigned may preside over any class or representative proceeding. If this paragraph is deemed unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement shall be deemed void with respect to such dispute.

XV. ADDITIONAL POINTS
  1. GOVERNING LAW

These Terms and our Privacy Policy shall be governed by and construed in accordance with the laws of Berlin, Germany, without respect to its choice of law principles. If a dispute arises between any Member or Guest regarding the Platform, any legal action will be brought exclusively in Berlin, Germany.

Notwithstanding the foregoing, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

  1. SEVERABILITY

If any part of these Terms is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect.

  1. NO WAIVER

No failure or delay by nKoto remote in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

  1. HEADINGS

The headings laid out in these Terms and Conditions are for convenience only and have no legal or contractual effect.

  1. ASSIGNMENT

nKoto remote may assign its rights to this Agreement without your prior consent and without prior notice to you. You may not assign these Terms without the prior written consent of nKoto remote.

  1. MODIFICATION

nKoto remote reserves the right to amend, remove, or add to these Terms at any time with or without notice; however, the date on which these Terms have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms and Conditions whenever accessing or using this site.

  1. ENTIRE AGREEMENT

These Terms plus the Privacy Policy constitute the entire agreement between nKoto remote and you with respect to the subject matter hereof and thereof. Both the Terms and Privacy Policy supersede all prior or simultaneous representations, discussions, negotiations, letters, proposals, agreements, exchanges, and understandings between you and nKoto remote with respect to the subject matter hereof and thereof, whether written or oral.

If you have any questions or concerns about the above-mentioned Terms and Conditions, please contact us by email at nkotoremote@gmail.com

 

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