These Terms and Conditions (Terms) are between Spacehaven Limited its successors and assignees (referred to as "we", "us" or "our") and you, the person, organisation or entity that purchases Services from us (referred to as "you" or "your"), and collectively the Parties. These Terms apply to all sales made by us to you.
In requesting to become a member of ours set out by the relevant plans on our website, you accept these Terms by either ticking the appropriate acceptance box, making any payment for our Services, or expressing interest in our Services by registering your details with us (subscribing to a newsletter, trial, or other).
You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using or purchasing our Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not use or purchase our Services from us.
In order to access our Service, you must sign up for an account with us. We will provide you with login credentials for your account and it is your responsibility to keep the details of your Account, including user name and passwords, confidential.
We agree to perform our Services for the period of your membership and as set out on our site. In the event that we cannot do so, we will compensate the individual by refunding their membership on a pro-rata basis calculated by the number of days remaining in their membership till their next billing date. We will not be held accountable for any losses incurred if at all, by an individual as a consequence of this.
We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the products or services provided by Third Parties.
Access & Use of Space
From time to time, there may be restricted or no access to a Spacehaven location. We will communicate this with as much notice as possible; though reserve the right to restrict access unexpectedly.
On days where there is no access, you will be requested to use another Spacehaven location as set out on our Website. If there are no other alternative locations in our network, we will compensate members by adding extra days to their membership in correlation with the number of closed days during the membership period. This condition may change, and we request members to check our Terms and Conditions periodically for any updates.
You agree to our rules of allocated and accessible areas of the premises, and must comply with our arrangements on seating, work space and other applicable areas for the use of Spacehaven members. You will be made aware of this by a representative of Spacehaven at the relevant location of use.
We may temporarily move furniture contained in Spacehaven locations, and we reserve the right to move or alter the Designated Space at any time without notice to Members or their Users. This also applies to relocating or closing down a location in our network of partnering venues (restaurants, bars, events spaces, etc.).
General Terms - When purchasing a membership you agree that payments will be charged upfront before use of that service. You will be required to make the appropriate payment before arriving at your chosen location and it will cover the use of that service for the access period designated to the given membership purchases (Day Pass or Monthly).
Automatic Renewal - Day Pass memberships will not automatically renew, and will expire at the end of the given access period. Monthly memberships will automatically renew and you authorize to collect the then-applicable subscription fee (inclusive of any taxes) using any payment information we have on file for you. You can cancel this at any time by logging into your account page on the Spacehaven Website, and cancelling the plan. Please note we do not offer any pro-rated refunds based on remaining days on early termination. Your Monthly Membership payment is taken in advance for each given month of access, and is then non-refundable. Cancellation before you next billing date will still mean your membership is active and you will have access to Spacehaven which will only terminate the day before the next billing date. No payment will be taken thereafter.
Start Date - You will be able to select your start date for any of our memberships during the sign up process, and your access period will begin on that date. Payment will nevertheless be taken immediately once the service is purchased, as per our pre-pay before access policy.
VAT - All amounts are stated in Great Britain Pounds. All amounts do not include and do not attract VAT, as Spacehaven Limited is currently not registered for VAT. In the future should Spacehaven Limited become registered with HMRC for VAT, then members will be required to pay an additional 20% tax on top of the membership price. We will provide members / applicants ample notice when our services/products will become subject to VAT.
Changes to Pricing - Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier
Allocation of Membership - Memberships are purchased on a per person basis, and you will not attempt to transfer your membership or share the same with another individual. If we find you are misusing your membership, we reserve the right to terminate your agreement without any notice and offer no refunds.
Conduct and Use of Space & Services
You agree that when using our Space or using the Services, you will not:
Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Spacehaven's Services;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not Spacehaven as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Restrict or inhibit any other user from using and enjoying the Services;
Violate any code of conduct of other guidelines which may be applicable for any particular Service
Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
Violate any applicable laws or regulations; and
Create a false identity for the purpose of misleading others.
Your Obligations and Warranties
A valid photo ID must be presented upon your first visit in order to verify your identity and in order to activate your account.
In the Premises, you must conduct yourself in a reasonable manner, including drinking responsibly to prevent damage to property and injure yourself or others.
You must not do anything in the Premises or use our Services for any purpose which is unlawful, immoral, noxious, offensive, hazardous or likely to cause nuisance, interference, injury or unreasonable disturbance to us or other occupiers in the Premises.
You must not use the internet in any manner that could damage, disable, overburden or impair our internet server.
You must not attempt to gain unauthorised access to any internet accounts, computer systems or network connected to our server through hacking, password mining or other means.
You must not smoke in the Premises.
You must not alter or interfere with our property or remove it from the Premises.
You must comply at all times with our direction, rules and regulations in relation to your conduct in the Premises.
You are solely responsible for your physical possessions in our premises, and are liable for any damage, loss, theft or other outcome in relation to the same. You recommended to hold your own contents insurance. Spacehaven will not be held accountable for losses and will not be held accountable for any claims to recover the same.
You must comply with the health & safety and fire rules of each Spacehaven location. These rules are determined by the partnering venue's current policy and will be enforced by a representative of Spacehaven or one of Spacehaven's partners.
You must be responsible for your own well-being in the premises and are fully accountable for your own actions that may lead to self-harm.
You warrant that throughout the term of these Terms that:
There are no legal restrictions preventing you from agreeing to these Terms;
You will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
The information you provide to us is true, correct and complete;
You will not infringe any third party rights in working with us and receiving the Services;
You will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
You are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
Consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
If applicable, you hold a valid Company No. which has been advised to us; and
If applicable, you are registered for VAT purposes.
These obligations do not apply to Confidential Information that:
Is authorised to be disclosed;
Is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
Is received from a third party, except where there has been a breach of confidence; or
Must be disclosed by law or by a regulatory authority including under subpoena.
This clause will survive termination of these Terms.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Spacehaven, or any participant or user of the Services or any employee, affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Spacehaven, any analyses, compilations, studies or other documents prepared by Spacehaven or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to I. maintain all Confidential Information in strict confidence; II. not to disclose Confidential Information to any third parties; III. not to use the Confidential Information in any way directly or indirectly detrimental to Spacehaven or any participant or user of the Services.
All Confidential Information remains the sole and exclusive property of Spacehaven or the respective disclosing party. You acknowledge and agree that nothing in this Terms and Conditions or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other Spacehaven intellectual property or proprietary rights of Spachaven, or any participant or user of the Services.
Feedback and Dispute Resolution
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the British Law Society to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
The Company may terminate your Account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account, you may simply discontinue use. If you wish to terminate a paid subscription, you must notify the Company before the end of the applicable subscription period. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Consumer Law, Limitation of Liability and Disclaimers
Services: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.
Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
Implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
The Services being unavailable; and
Any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, the use of our Services and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
Limitation: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or £10 if no such payments have been made, as applicable.
This clause will survive termination of these Terms.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall Spacehaven or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Spacehaven, and even if Spacehaven has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
Use of the Premises;
b. Any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
c. Any breach of these Terms;
d. Any misuse of the Services, the Site from or by you, your employees, contractors or agents; and
e. Your breach of any law or third party rights.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
This clause will survive termination of these Terms.
Publicity: You consent to us using advertising or publicly announcing that we have undertaken work for you. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
VAT: If and when applicable, VAT payable on the Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the VAT imposed on these charges.
Relationship of Parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address provided at the time you order our Services. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
Jurisdiction & Applicable Law: These terms are governed by the laws of the United Kingdom. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the United Kingdom.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
VAT means Value Added Tax.
Premises/Space/Venue means the location that we host our Services as described on our Site.
DISCLAIMER: Terms & Conditions are subject to change without notification. You are required to check periodically for any changes.
Questions about the Terms & Conditions should be sent to us at email@example.com.