Terms & Conditions

Last updated: 11th Sept 2019

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

These terms tell you the rules for using our website https://sharesomewhere.org ("our site"). 

By using our site and/or our services, you confirm that you accept these terms of use and that you agree to comply with them.

 

If you do not agree to these terms, you must not use our site.

 

Specific additional terms apply to you if you are a business, individual or organisation listing your property on our site (Host). These additional terms are listed at the end of this page.

 

About us and our services

 

We are Share Somewhere powered by The Mix, and we operate https://sharesomewhere.org. We are registered in England and Wales under charity number 1048995 and have our registered office at The Mix, 8 Glentworth Street, NW1 5PG.

 

We are regulated by The Charity Commission.

 

Our site is used to provide a free service so that Hosts can list their property or premises for rental, whether free of charge or for a price (“Rental”) and provide details of available Rentals including address, nature of the premises, and size of any available spaces with a view to finding persons who may require use of that property or premises (“Guests”).

 

This will be done through listings on our site which allows Guests to contact Hosts and make payment for a Rental through a third party payment provider.

 

We do not operate any payment service or receive payments relating to Rentals. If you have an issue with your payment, please contact the payment provider.

 

The contract for any Rental will be between the Guest and the relevant Host. Hosts may impose their own terms and conditions on Guests in relation to the Rental. We are not part of that contract and will not be responsible for the acts or omissions of any Host or Guest, or any issues with a Rental (including any property damage or personal injury). 

 

If you have any queries, issues, complaints or claims in relation to a Rental, you will need to address these to the relevant Host or Guest. We will not be able to respond to, resolve, mediate, or otherwise provide information in relation to any disputes regarding Rentals.

 

Hosts do not pay us any fee or commission to be listed on our site. We do not recommend or endorse any particular Host which is listed on our site and give no warranty regarding any Host, Guest or Rental.

 

Users of our site must, when interacting with other users (whether through our site or during a Rental) act in good faith, honestly and respectfully, and must not mislead or defraud other users or discriminate against them unfairly. If you are a Guest and agree a Rental with a Host, you must comply with any requirements of that Host.

 

You can contact us via the “Contact Us” page on our site https://sharesomewhere.org/contact-us.  

 

Refunds

 

All Rentals must be subject to the following refund terms (and any Host’s terms must allow for refunds to be made on the following basis).

 

If the Guest cancels a Rental (for any reason):

  • Within 24 hours of agreeing a Rental, the Guest should receive a 100% refund (for example, a Rental is agreed at 11am on day 1 for day 3, but is cancelled at 10am on day 2).
  • More than 24 hours after agreeing a Rental, but at least 72 hours before the date of the Rental the Guest should receive a 50% refund (for example, a Rental is agreed on day 1 for 2pm on day 7, and the cancellation is made on day 4 at 1pm).
  • More than 24 hours after agreeing a Rental, but within 72 hours before the date of the Rental, no refund is required (for example, a Rental is agreed on day 1 for 2pm day 7, and the cancellation is made on day 4 at 3pm).

Hosts should only cancel in accordance with their agreement with Guests and in any event only in extraordinary circumstances beyond their reasonable control. If a Host cancels a Rental, they must provide a 100% refund.

 

All refunds must be calculated by reference to the sum paid by the Guest. Deductions for Stripe fees are not permitted.

 

If there are any issues or disputes regarding a refund, the Guest and Host are responsible for resolving them. We are not able to resolve or deal with any such disputes or issues.

 

There are other terms that may apply to you

 

These terms of use refer to the following additional terms, which also apply to your use of our site:

We may make changes to these terms (including to our Acceptable Use Policy below)

 

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

 

If any part of these terms is found to be unlawful, invalid or unenforceable then the remainder of these terms will remain in full force and effect.

 

We may make changes to our site

 

We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities.

 

We may suspend or withdraw our site

 

Our site is made available free of charge.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. 

 

If we decide to withdraw the site from use then any provision of these terms and conditions which is to survive termination (either by implication or express statement) shall so survive.

 

We may withdraw, suspend or terminate your access to our site (and/or remove any of your contributions from your site) at any time.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Our site is only designed for users in the UK

 

Our site is designed to be accessed by people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

You must keep your account details safe

 

When you sign up to use our services you will be required to choose a password as part of our security procedures you must treat these as confidential and you must not disclose it or any other verification details, to any third party. You may be required to change your password if deemed necessary.

 

The registration of any account is at our sole discretion.  When creating an account, you confirm that the information you provide to us is accurate, complete and not misleading.

 

We have the right to disable any password, whether chosen by you or allocated by us at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we suspend or amend our services.

 

If you know or suspect that anyone other than you knows your password or any other verification details, you should change it as soon as possible.

 

How you may use material on our site

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way (including but not limited to modifying or reformatting it when you copy it), and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes (unless it was uploaded by you) without obtaining a licence to do so from us or our licensors.  Any licence we give to copy content or use it for commercial purposes will be subject to acknowledging us or the relevant licensor as the origin of the content.

 

If you print off, copy, download or reproduce any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Information on this site

 

Our site includes information and materials uploaded by third parties, including but not limited to information about Rentals. The views expressed by those third parties on our site do not represent our views or values.

 

The content on our site (whether provided by us or any third party) is provided for general information only. It is not intended to amount to advice on which you should rely and we do not endorse any of this information. You may wish to obtain independent advice or verification before taking, or refraining from, any action on the basis of the content or postings on our site.

 

Although we make reasonable efforts to update the information on our site and to ensure that all information provided by third parties is accurate, not misleading, we do not verify, moderate or approve all content on our site and we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete not misleading or up to date and we accept no liability if it is not so.

If you wish to report, or have an issue with, any information and materials on our site please contact us. However, please note we are not in a position to resolve, mediate, or otherwise provide information in relation to any disputes regarding Rentals or Hosts.

 

We are not responsible for websites we link to

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources. If you purchase products or services from third parties we link to, we are not a party to these agreements.

 

Our responsibility for loss or damage suffered by you

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

Our site is only intended for domestic and private use (unless you are a Host, in which case you may only use our site to list and administer Rentals subject to these terms). In any event, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We are not liable for any loss or damage you suffer as a result of your use of, or reliance on, information on our site which is provided by any third party.

 

We are not responsible for enforcing these terms against other users of our site. 

 

We will not be liable to you (whether you are a Host, Guest or otherwise) for the acts or omissions of any other users of our site (whether they are a Host, Guest or otherwise).

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
  • We will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation (whether such losses are direct or indirect in nature); or any other indirect or consequential loss or damage.

Our services and use of our site is free of charge, and as such is entirely at your own risk. You should ensure that you have appropriate insurance in place in relation to any risks, losses or liability you may have in relation to your use of our site.

 

We do not guarantee that our site will be secure or free from bugs or viruses. If you become aware of any issues with our site, please notify us.

 

The limits on our liability in this section apply whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.

 

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own up to date virus protection software.

 

Acceptable Use

 

Content uploaded to our site shall be made available to the public, except that your password shall remain private and your email address will be shared as part of a booking with the relevant Guest or Host.

 

Whenever you make use of a feature that allows you to upload content to our site, or make contact with other users of our site or Guests or Hosts (whether via our website or in any other way), you must comply with the content standards and restrictions set out in this section (our "Acceptable Use Policy") and these terms of use generally.

 

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or which otherwise unfairly takes advantage of our site or other users.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit or introduce any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
  • Not to access without authority, interfere with, damage or disrupt:

These content standards apply to any and all material which you contribute to our site ("contributions").

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions) and otherwise not misleading.
  • Be complete (providing all reasonably necessary information required to enable a render of the contribution to understand its content).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not contain any material which:

  • Is defamatory of any person.
  • Is obscene, offensive, hateful or inflammatory.
  • Promotes sexually explicit material, promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Bullies, insults, intimidates or humiliates any person.
  • Infringes any copyright, database right, trade mark or other right of any third party.
  • Is likely to deceive any person.
  • Is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Is in contempt of court.
  • Promotes any illegal activity.
  • Is threatening, or abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or is likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonates any person, or misrepresents your identity or affiliation with any person.
  • Gives the impression that it emanates from us, if this is not the case.
  • Advocates, promotes, or incites any party to commit, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Contains any advertising or promotes any services or web links to other sites.

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issuing of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

You warrant that any contribution made by you complies with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our site a royalty free, irrevocable, limited licence to use, amend (in accordance with these terms), store and copy that content and to distribute and make it available to third parties, and for users of our site to use that content as permitted by our website terms of use.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We have the right to remove or amend, to the extent that we consider necessary any contribution if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy above.

You are solely responsible for securing and backing up your contributions. We will not be responsible for any contributions you upload which is lost or otherwise unavailable.

 

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivate works of and display, that content at our discretion.

 

This licence will remain in place even after the content is deleted from (or is no longer publicly available to users of) our site.

 

Rules about linking to our site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to our site in any website that is not owned by you.

 

Our site must not be framed on any other site.

 

We reserve the right to withdraw linking permission without notice.

 

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy above.

 

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

 

Which country's laws apply to any disputes?

 

If you are acting as a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are acting as a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Our trade marks

 

You are not permitted to use our name or logo in any way which would breach our intellectual property rights without our approval.

 

HOST SPECIFIC TERMS

 

These Host terms apply in addition to the general terms set out above.

 

As a Host, you must:

  • Hold a Stripe account and link this to your use of our site in order to receive payments. You must comply with all Stripe terms and conditions and be liable for all Stripe fees in relation to your use of their service.
  • Allow for refunds to be automatically processed by the Stripe system as requested by Guests.
  • Ensure that your contributions and details are kept up to date and that you can provide any Rentals listed by you on our site.
  • Provide us promptly with information we reasonably require in relation to your listing on our site.
  • Not use any of our trade marks, or intellectual property, or otherwise reference your presence on or association with our site, without our prior written consent (and in any event you must obtain prior written approval for any marketing materials referencing us or our site, and comply with any of our brand guidelines or other requirements in relation to our branding).
  • Comply with all applicable laws and regulations in relation to the provision of your services and Rentals, including but not limited to ensuring your property complies with all applicable health and safety and security requirements, and provide your services and any Rentals with all due care, skill and diligence in accordance with good industry practice (including but not limited to ensuring that Rentals are clean, suitably accessible, and fit for purpose).
  • Ensure that any additional requirements for Guests are added as venue specific terms and conditions to your Rental listing.
  • Respond in a timely fashion to any requests from Guests relating to Rentals.
  • Only cancel Rentals in accordance with your agreement with a Guest and in any event only in extraordinary circumstances beyond your reasonable control, and subject to the refund provisions above.
  • Not suggest that your services or Rentals are in any way recommended or endorsed by us, whether expressly or impliedly, by act or omission.
  • Not attempt to gain unauthorised access to or circumvent any security measures of our site, or otherwise attempt to unlawfully or wrongfully manipulate the appearance or listing of our site or your Rentals.
  • Not, by your act or omission, do anything which would damage or diminish the reputation or goodwill of us or our site.
  • Indemnify us and hold us harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and legal fees) arising out of or in connection with any claim or complaint in connection with your breach of these terms, your contributions, Rentals, or your provision of your services or use of our site.

Your rights to use our site are personal to you and you must not transfer or deal in any other manner with any of your rights and obligations in relation to our site.

 

These terms constitute the entire agreement between you and us in relation to your use of and access to our site and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to your use of and access to our site.

 

Each of you and us will comply with all applicable data protection requirements and you acknowledge that you are not aware of any aspect of your use of our site which involves us acting as a processor on behalf of you. If any data protection authority or other competent authority determines that we do act as a processor for you, we shall provide data processing clauses as required by data protection law which shall be automatically incorporated into these terms.

 

Where you include any personal data within your contributions (or otherwise provide it to us), you must ensure that it is provided in compliance with data protection law, and that our receipt of it and use of it in order to provide our services does not cause us to be in breach of data protection law. You shall be responsible for ensuring that any necessary notices are provided and consents obtained in relation to such personal data and its display.

 

You must not include any cookies, web beacons or tracking technology in your contributions to be displayed on our site. You are solely responsible for your own compliance with data protection law and you must not (by your act or omission) cause us to be in breach of data protection law.