Last modified: January 7, 2019
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations.
By accessing the Xaaloo Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding Agreement (“Agreement”) between you and Xaaloo (“Xaaloo”) having its registered office at Keizersgracht 391-A, 1016 EJ in Amsterdam and registered in the Chamber of Commerce under number 72762802.
These terms oversee your access to the Xaaloo website, including any subdomains thereof and all associated services, hereinafter collectively referred to as the “Xaaloo Platform”. Our Refund Policy and other Policies applicable to your use of the Xaaloo Platform are incorporated by reference into this Agreement. When these Terms mention “we,” “us,” or “our,” it refers to “Xaaloo”.
Table of Contents
1 Scope of Services
2 Eligibility, Using the Xaaloo Platform, Member Verification
3 Modification of these Terms
4 Account Registration
5 Content and Intellectual Property
6 Host and Service Fees
7 Terms specific for Hosts
8 Terms specific for Guests
9 Booking Modifications, Cancellations and Refunds
10 Ratings and Reviews
11 Discount Codes and Venue Credit
12 Damages to Property
14 Prohibited Activities
15 Termination, Suspension and other Measures
18 Privacy and Personal Data
19 Complaints and Disputes
20 Applicable Law and Jurisdiction
21 General Provisions
1. Scope of Services
1.1 The Xaaloo Platform is an online marketplace that enables registered users (“Members”) to publish bookable venues (“Listings”) and related Hosting Services on the Xaaloo Platform and to communicate and transact directly with other Members that are seeking to book such Listings and Services.
Members that offer Listings and Hosting Services are called “Hosts” and members using these services are referred to as “Guests”.
A “Venue” is a place where an event or meeting can take place.
1.2 As the provider of the Xaaloo Platform, Xaaloo does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Hosting Services. Hosts alone are responsible for their Listings and Hosting Services. When Members make or accept a booking, they are entering into a contract directly with each other. Xaaloo is not and does not become a party to or other participant in any contractual relationship between Members, nor is Xaaloo a real estate broker or insurer. Xaaloo is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Xaaloo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party.
Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process through our website. Any such description is not an endorsement, certification or guarantee by Xaaloo about any Member, including of the Member's identity or background or whether the Member is trustworthy. You should always exercise due diligence and care when deciding to make use of Host Services, accept a booking request or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Xaaloo Platform as a Host, your relationship with Xaaloo is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Xaaloo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Xaaloo. Xaaloo does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Hosting Services. You acknowledge and agree that you have complete discretion whether to list your Services or otherwise engage in other business or employment activities.
1.5 To promote the Xaaloo Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Xaaloo cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Xaaloo Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Xaaloo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Xaaloo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Xaaloo of such Third-Party Services.
1.7 Due to the nature of the Internet, Xaaloo cannot guarantee the continuous and uninterrupted availability and accessibility of the Xaaloo Platform. Xaaloo may restrict the availability of the Xaaloo Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Xaaloo Platform. Xaaloo may improve, enhance and modify the Xaaloo Platform and introduce new Xaaloo Services from time to time.
2. Eligibility, Using the Xaaloo Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Xaaloo Platform or register a Xaaloo Account. By accessing or using the Xaaloo Platform you represent and warrant that you are 18 years or older and have the legal capacity and authority to enter into a contract.
2.2 Xaaloo may restrict access to the Xaaloo Platform, or certain features of it, subject to certain requirements, such as completing a verification process, Review thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members.
2.4 The access to or use of certain areas and features of the Xaaloo Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific feature of the Xaaloo Platform, the latter will take precedence with respect to your use of that feature, unless specified otherwise.
3. Modification of these Terms
The Terms of Service can at all times be consulted on the Website. Xaaloo reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Xaaloo Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Xaaloo Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register a Xaaloo User Account (“Xaaloo Account”) to access and use certain features of the Xaaloo Platform, such as publishing or booking a Venue. If you are registering a Xaaloo Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Xaaloo Account using an email address and creating a password, or through your account with certain third-party social networking service such as Facebook, Linkedin or Google ("Social Accounts"). You have the ability to disable the connection between your Xaaloo Account and your Social Accounts at any time from the Xaaloo Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Xaaloo Account profile page information up-to-date at all times.
4.4 You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify Xaaloo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.5 If you abuse the Xaaloo Platform you can be denied the use thereof and a registration can be cancelled and your account can be removed.
5. Content and Intellectual Property
5.1 Xaaloo enables Members to upload content, such as text, illustrations, photos, video and other information on or through the Xaaloo Platform ("Member Content").
All Member Content published on the Xaaloo Platform may be used by us without a Members prior approval for promotional purposes on the Xaaloo Platform or third-party media.
5.2 Xaaloo may, with or without prior notice, remove or disable access to any Member Content at its discretion.
5.3 The intellectual property of and copyright in all content placed on the Xaaloo Platform, lies with Xaaloo or it has been granted a licence therefore by third parties. It is therefore not permitted without our written consent to reproduce, reuse, publish or distribute texts or parts thereof, illustrations, photos, video or other information found on the Xaaloo Platform.
5.4 Xaaloo respects copyright law and expects its Members to do the same. If you believe that any content on the Xaaloo Platform infringes copyrights you own, please notify us.
6. Host and Service Fees
6.1 Xaaloo charges fees (“Fees”) in consideration for the use of the Xaaloo Platform.
6.2 Any applicable Fees (and applicable Taxes) will be displayed prior to publishing or booking a Listing through the Xaaloo Platform. Xaaloo reserves the right to change the Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Fees that you owe to Xaaloo. The applicable Fees (and applicable Taxes) are collected by Xaaloo. Xaaloo will deduct any Host Fee from the Listing Fee before remitting Payout to the Host. The Service Fees paid for by the booking Member are included in the Total Payment collected by Xaaloo. Except as otherwise provided on the Xaaloo Platform, Fees are non-refundable.
7. Terms specific for Hosts
7.1 When creating a Listing through the Xaaloo Platform you must provide complete and accurate information about your Hosting Service (such as description, location, and calendar availability), disclose any deficiencies, restrictions (such as house rules) and requirements that apply. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.2 You are solely responsible for setting a correct Gross price for your Listing (the “Listing Fee”). Once a Guest requests a booking of your Listing, you may not ask the Guest to pay a different Listing Fee than originally published.
7.3 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Hosting Services. Xaaloo reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.4 The placement and ranking of Listings in search results on the Xaaloo Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Review Ratings and/or ease of booking.
7.5 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Hosting Services to the Guest as described in your Listing when the booking request is made. You also agree with the deduction of applicable Host Fee and any applicable Taxes by Xaaloo for the use of its platform.
7.6 Xaaloo recommends that Hosts obtain appropriate insurance for their Services.
8. Terms specific for Guests
8.1 You can book a Listing available on the Xaaloo Platform by following the respective booking process. All applicable Fees, including the Listing Fee, Service Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Xaaloo Account.
8.2 Upon receipt of a booking confirmation from Xaaloo, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any (House) rules and restrictions specified in the Listing. Xaaloo will collect the Total Fees at the time of the booking request.
8.3 You are required to ensure that every additional guest that makes use of the Host Services meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, (House) rules and restrictions set by the Host.
8.4 A confirmed booking of a Listing is a limited license granted to you by the Host to enter, occupy and use the Venue for the duration of your stay as set out in the booking confirmation, during which time the Host retains the right to re-enter the Venue, in accordance with your agreement with the Host.
8.5 If your actual use of the Venue exceeds the confirmed booking, which in any event includes the exceeding of the agreed duration and the use or purchase of additional Hosting Services or products, these services and products will immediately (as soon as possible but in any event within 24 hours after the use of the Venue) be added to the final invoice (Total Fees) of your booking and will be subsequently invoiced in conformity with clause 8.6 of these Terms. You will receive a notification and must subsequently check the services and products added to the booking as to accuracy.
8.6 You agree to pay all additional fees (including the Listing Fee as originally paid, possible after-hour fees as mentioned in the Listings terms and conditions, plus all applicable Service Fees and Taxes) for the duration and/or additional services exceeding the originally confirmed booking. You authorize Xaaloo to subsequently charge these fees to you.
8.7 If, for any reason, Xaaloo is unable to successfully collect payment from you, any reasonable judicial and enforcement costs made are also at your expense. You will owe collection costs over the interest.
9. Booking Modifications, Cancellations and Refunds
9.1 Members are solely responsible for any modifications to a booking ("Booking Modifications") that they make via the Xaaloo Platform and agree to pay any additional Listing Fees, Host Fees or Service Fees and applicable Taxes associated with such Booking Modifications if applicable.
9.2 Any Booking Modification must be passed on via the Xaaloo Platform. The sending of an email does not constitute a valid change or cancellation.
9.3 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy. Xaaloo will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Service Fees are non-refundable unless states otherwise. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Xaaloo.
9.4 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Xaaloo may allow the Guest to apply the refund to a new booking, in which case Xaaloo will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Xaaloo may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Xaaloo may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking.
9.5 In certain circumstances, Xaaloo may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons to avoid significant harm to Xaaloo, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If, as a Host, your Guest cancels a confirmed booking or Xaaloo decides that it is necessary to cancel a confirmed booking, and Xaaloo issues a refund to the Guest, you agree that in the event you have already been paid, Xaaloo will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Xaaloo. Ratings and Reviews are not verified by Xaaloo for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Xaaloo Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Discount Codes and Venue Credit
11.1 Discount Codes and/or Venue Credit can be provided to you by Xaaloo and Xaaloo Members and may be redeemed for eligible bookings via the Xaaloo Platform.
11.2 Discount Codes and/or Venue Credit may only be applied to new bookings and at the time of the initial booking request. Discount Codes cannot be used in combination with other promotions.
11.3 Venue Credit cannot be reloaded, resold, transferred or redeemed for cash. When a Xaaloo Account is terminated, unused Venue Credit balance in your account will automatically expire and may not be transferred to another account.
11.4 When Discount Codes or Venue Credit is abused, Xaaloo remains the right to cancel or withdraw any disounts and/or credits provided and to cancel Bookings at it’s sole discretion.
12. Damages to Property
12.1 As a Guest, you are responsible for leaving the Venue (including any personal or other property located at the Venue) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Venue, excluding the Host and Host employees.
12.2 If a Host claims and provides evidence that you as a Guest have damaged a Venue or any personal or other property at a Venue ("Damage Claim"), and you as a Host and Guest have not succeeded to settle the Damage Claim amongst each other, the Host can seek payment from you through our Support center.
If a Host escalates a Damage Claim to Xaaloo, you will be given an opportunity to respond. If you agree to pay the Host, or Xaaloo determines in its sole discretion that you are responsible for the Damage Claim, Xaaloo will collect any such sums from you required to cover the Damage Claim.
13.1 Xaaloo automatically applies VAT to all bookings made through the Xaaloo Platform. As a Host you are responsible for determining your obligations to report, collect and/or remit any applicable VAT or other taxes as determined by law.
14. Prohibited Activities
14.1 You are fully responsible for compliance with any laws, rules, regulations, and Tax obligations that may apply to your use of the Xaaloo Platform.
In connection with your use of the Xaaloo Platform, you will furthermore not:
- use the Xaaloo Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Host, any Listings and Hosting Services that you do not yourself own or have permission to make available through the Xaaloo Platform;
- contact another Member for any purpose other than asking a question related to your own booking or Listing, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Xaaloo Platform to request, make or accept a booking independent of the Xaaloo Platform, to circumvent any Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Xaaloo Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, (iii) hold Xaaloo harmless from any liability for such payment, (iiii) may be charged a penalty of €500 in consideration for the use of the Xaaloo Platform, and (iiiii) your Member Account may be deactivated;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- dilute, tarnish or otherwise harm the Xaaloo brand in any way, including through unauthorized use of it’s content, registering and/or using Xaaloo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Xaaloo domains, trademarks, taglines, promotional campaigns or Members Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Xaaloo Platform for any purpose.
14.2 You acknowledge that Xaaloo has no obligation to monitor the access to or use of the Xaaloo Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Xaaloo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Xaaloo in good faith, and to provide Xaaloo with such information and take such actions as may be reasonably requested by Xaaloo with respect to any investigation undertaken by Xaaloo or a representative of Xaaloo regarding the use or abuse of the Xaaloo Platform.
15. Termination, Suspension and other Measures
15.1 You may deactivate your Xaaloo Account and terminate this Agreement at any time by sending us an email at firstname.lastname@example.org
If you cancel your Xaaloo Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Xaaloo Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.2 Xaaloo may immediately, without notice, terminate this Agreement and/or stop providing access to the Xaaloo Platform if (i) you have breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Xaaloo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Xaaloo, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.3 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.4 When this Agreement has been terminated, you are not entitled to a restoration of your Xaaloo Account or any of your Member Content. If your access to or use of the Xaaloo Platform has been limited or your Xaaloo Account has been suspended or this Agreement has been terminated by us, you may not register a new Xaaloo Account or access and use the Xaaloo Platform through an Xaaloo Account of another Member.
15.5 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Xaaloo Platform, you do so voluntarily and at your sole risk. The Xaaloo Platform is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Xaaloo Services, laws, rules, or regulations that may be applicable to your Listings and/or Hosting Services you are receiving and that you are not relying upon any statement of law or fact made by Xaaloo relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
Xaaloo does not check information such as illustrations, facilities and descriptions of Listings which a Member places. Other information which you find on the Xaaloo platform has been compiled with the greatest possible care. It is nevertheless possible that the information which is published on the Xaaloo platform is incomplete and/or incorrect or contains typographical errors. Xaaloo therefore does not guarantee the accuracy and completeness of the information offered on the Xaaloo platform regarding the participating Members and does not accept any liability for the consequences of inaccuracy and incompleteness.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
The liability of Xaaloo (including the group companies belonging to Xaaloo and its employees and officers) is limited as follows (subject to intent and gross negligence):
- Xaaloo is not liable for any shortcoming or loss which is the result of the fact that the Host's Listing does not satisfy the specifications which were agreed in advance or does not satisfy (technical or spatial) requirements which were set in advance or that certain necessary materials or products are not present;
- Xaaloo is not liable for any shortcoming or loss which is the result of incorrect instructions, incorrect input by the Guest in making a booking or any incorrect presentation of data by the Guest, the Host or a third party;
- Xaaloo is not liable for any shortcoming in the performance of an obligation between it’s Members, in so far as such is the result of force majeure, such as but not limited to: unforeseen hardware or software defects, power or internet disruptions, fire, lightning, explosions, disruptions, floods, industrial conflicts, exceptional weather conditions, war or acts of local authorities;
- Xaaloo is not liable for any indirect loss, reputation damage or consequential loss; and in so far as Xaaloo is liable therefore, its liability is limited to (a) the amount that is paid out to Xaaloo under its liability insurance, or, if lower (b) the total amount of the Booking to which the liability relates;
- Xaaloo cannot guarantee that inventory, such as desks and desk chairs, of a Venue at a Lessor's meets the requirements set pursuant to the Occupational Health and Safety regulations. Xaaloo is not liable for any loss ensuing herefrom. You can ask of a Lessor per Venue whether the inventory satisfies the Occupational Health and Safety requirements;
- The User indemnifies Xaaloo against all loss which the User causes to the Venue, inventory or building of the Lessor by the persons who make use of the Venue during the period of the Booking.
18. Privacy and Personal Data
19. Complaints and Disputes
19.1 If you have a complaint about the Xaaloo platform or Member Content published on our platform, we would be glad to hear it so we can help to resolve it. Please send your complaint (described as completely as possible) to email@example.com
19.2 Members agree to cooperate with Xaaloo in good faith, and to provide Xaaloo with such information and take such actions as may be reasonably requested by Xaaloo, in connection with any Claims or Disputes made by Members relating to their Listing or Host Services. A Member shall participate in mediation or a similar resolution process with another Member, which process will be conducted by Xaaloo or a third party selected by Xaaloo.
20. Applicable Law and Jurisdiction
These Terms and the use of the Xaaloo platform are governed by Dutch law. All disputes ensuing herefrom will exclusively be brought before the court in Amsterdam.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Xaaloo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Xaaloo and you in relation to the access to and use of the Xaaloo Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Xaaloo as a result of this Agreement or your use of the Xaaloo Platform.
21.3 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.4 If you have any questions about these Terms, please send us an email and we will get back to you in due course.
Thank you for your trust and cooperation.
The Xaaloo Support Team