Othership

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Your personal data will be used to support your experience throughout the Othership platform, to manage access to your account, and for other purposes described in our privacy policy.

These Terms of Use were last updated on 19th April 2023

These Terms of Service constitute a legally binding agreement between you and Othership (as defined below) governing your access to and use of the Othership website including any subdomains and any other channels through which Othership makes its Workplace Scheduler services available. The Site, Othership Workplace Scheduler app and Othership Workspaces Services together are collectively referred to as the “Othership Workplace Scheduler”.

When these Terms mention “Othership,” “we,” “us,” or “our,” it refers to OTHERSHIP LTD. Whether your Country of Residence is the United Kingdom or not, you are contracting with Othership ltd, Office 7, 35-37 Ludgate Hill, London, England, EC4M 7JN.

Our collection and use of personal information in connection with your access to and use of the Othership Workplace Scheduler is described in our Privacy Policy which complies with all relevant data protection laws.

Please read these Terms carefully before using our services as these Terms will apply to all of our services made available to you through the Othership Workplace Scheduler. By accessing and using the Othership Workplace Scheduler, you agree to be bound by these Terms. If you do not accept these Terms, you should not use the Othership Workplace Scheduler.

If you have any questions about our Terms, please contact hello@othership.com.

INTERPRETATION

The following definitions apply to these Terms:

– Othership Workplace Scheduler: The Site and any subdomain or services in relation with Othership Workplace Scheduler.

– The Site: https://othership.com

– User: Client's employees, agents, contractors, and consultants who are authorized by Client to use the Othership Workplace Scheduler Services.

– Order Form: An order for the Services signed by Client and Othership or its Reseller, or an Othership-issued price quotation accepted by Client.

– Reseller: a reseller authorized in writing by Othership to provide the Othership Workplace Scheduler Services on Othership’s behalf

–Term: the Term applicable to each of the Services specified on an Order Form, or if no such term period is defined, twelve (12) months, commencing on the effective date of the Order Form.

– Effective Date: the date these terms or an Order Form referencing these terms is first executed

– Free Tier: Services of the Othership Workplace Scheduler made available by Othership for free under the conditions set forth on the Site or Order Form

1.2 In these Terms:
– Words importing one gender shall be treated as importing any gender;
– Words importing individuals shall be treated as importing bodies corporate, corporations, unincorporated associations and partnerships and vice-versa;
– Words importing the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be treated as including a reference to any part;
– Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be perceived as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
– A reference to writing or written includes email.

OTHERSHIP WORKPLACE SCHEDULER SERVICES

2.1 Subject to the terms under this Agreement, Othership grants Clients a non-exclusive, non-transferable (except to a successor in interest as permitted hereunder) license to access, use, and install the Services listed under an Order Form during the Term. Client’s right to use the Services is limited to the location and other restrictions contained in in an Order Form and the Documentation.

2.2 Othership will use commercially reasonable efforts to make the Othership Workplace Scheduler Services accessible twenty-four hours, seven days a week, provided, however, that from time to time, Othership and its service providers may perform scheduled or unscheduled maintenance, and access to the Services may be impaired or interrupted while such maintenance is being performed. Othership will attempt to limit scheduled maintenance to non- business hours and to give reasonable written notice in advance of any maintenance that would cause the Othership Workplace Scheduler Services to be unavailable to Client. Client shall be solely responsible for Client’s Internet connection, including all Internet service provider connection charges.

2.3 Client is granted the right to access and use the Othership Workplace Scheduler Services solely for the intended purpose set forth in the Order Form. Customer will not use the SaaS Services to transmit, store or publish any content that is obscene, libelous, threatening or unlawful or that infringes or violates any rights. Othership reserves the right to suspend performance of Othership Workplace Scheduler Services in the event of Client’s, or a Client’s User’s, unauthorized use, disruption or abuse of Othership’s resources.

2.4 Othership shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Othership Workplace Scheduler Services and related systems and technologies, and Othership will be free to use such information and data to improve and enhance the Othership Workplace Scheduler Services and for other development, diagnostic and corrective purposes in connection with the Othership Workplace Scheduler Services and other Othership offerings.

OTHERSHIP ACCOUNT REGISTRATION AND SECURITY

3.1 You must be at least 16 years old and able to enter into legally binding contracts to access and use the Othership Workplace Scheduler. By accessing or using the Othership Workplace Scheduler, you represent and warrant that you are 16 or older and have the legal capacity and authority to enter into a contract.

3.2 We restrict access to certain parts of the Othership Workplace Scheduler to visitors of the Site who already have registered an Othership Account. You must register an Othership Account in order to use Othership Workplace services.

3.3 If you register on Othership Workplace Scheduler, you must provide true and accurate information about yourself and keep your Othership Account up-to-date at all times. Should the registration information provided prove false or misleading, we may suspend or terminate your Othership Account.

3.4 You must not select or use a name of another person as your Othership Account ID with the intent to impersonate that person. If you misuse your Othership account in breach of these Terms, we reserve the right to refuse registration or cancel your Othership Account at our discretion.

3.5 Client verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Client’s identity. In spite of the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:
– Ask Clients to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Clients,
– Screen Clients against third party databases or other sources and request reports from service providers, and
– Where we have sufficient information to identify a Client, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent a version of background or registered sex offender checks in your local jurisdiction (if available).

3.6 You must notify us at hello@othership.com of any known or suspected unauthorised use(s) of your Othership Account, or any known or suspected breach of security on the Othership Workplace Scheduler.

MODIFICATIONS OF THESE TERMS

4.1 Othership 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 Site and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of modifications impacting you by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate these terms with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Othership Workplace Scheduler will constitute acceptance of the revised Terms.

FEES & PAYMENTS

5.1 The Fees for the Services are as stated in an Order Form. Unless otherwise stated in the Order Form, Fees for the initial Term are due and payable net thirty days from the date of electronic delivery of the Othership Workplace Scheduler Services by Othership. Fees for any renewal Terms are due in accordance with the above, but they are due net thirty days from the date of the renewal.

5.2 Once the Order Form has been accepted, payment obligations are non-cancelable and, except as expressly provided in these terms, upon payment, all payments made by Client are non-refundable. If Client is paying by credit card, Client shall provide all relevant information regarding Client’s credit card prior to the provision of the Services. Client represents and warrants that such information is true & accurate and that Client is authorized to use such payment instrument. Client is responsible for updating its account information with any changes such as but not limited to, a change in billing address or credit card expiration date. Client hereby authorizes Othership to bill Client’s payment instrument in advance on a periodic basis in accordance with the terms described in the Othership Workplace Scheduler Services.

5.3 Othership may discontinue performance of the Othership Workplace Scheduler Services if Client fails to make payment within five days of receiving written notice from Othership. Any payment not received from Client by the due date may accrue (except for amounts then under reasonable and good faith dispute) late charges at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.

5.4 Unless otherwise stated, the fees do not include any Taxes. Client is responsible for paying all Taxes, including, but not limited to sales, use, GST, and VAT taxes, associated with its purchases, excluding Taxes based on Othership’s or Reseller’s net income or property. If an invoice includes Taxes, Client is responsible for such Taxes, unless Client provides a valid tax exemption certificate authorized by the appropriate taxing authority upon execution of these terms. Taxes not included on an invoice shall be the responsibility of the Client to remit to the appropriate tax authorities as necessary.

SITE CONTENT & CLIENT CONTENT STANDARDS

6.1 Apart from the Client Content, all materials displayed or performed on the Othership Workplace Scheduler (including, but not limited to text, graphics, photographs, images, illustrations and video clips) are protected by database right and other intellectual property rights, which are owned or controlled by us or our third-party content providers. You may not sell, reproduce, modify, copy, distribute or use for any commercial purpose any such materials without our written consent.

6.2 We may at our sole discretion, enable Clients to create, upload, post, send, receive and store content, such as text, graphics, photographs, images, illustrations and video clips and information on or through the Othership Workplace Scheduler. By creating, uploading, posting, sending, receiving, storing or otherwise making available any Client Content on the Othership Workplace Scheduler, you grant Othership a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and transferable licence to access and use such Client Content. Including but not limited to:
– Copy, electronically store, use, publish, display, communicate, broadcast, transmit, make available and distribute the Client Content;
– Change, amend or develop the Client Content and create derivative works from it;
– Exploit in any such manner the Client Content.

5.3 We do not monitor or moderate the Client Content that you upload to the Othership Workplace Scheduler and neither do we screen users or Clients. You use the Othership Workplace Scheduler at your own risk and you should take care with any Client Content you post or access on the Othership Workplace Scheduler.

6.4 The following content standards apply to any Client Content you upload to, display on, distribute or publish through the Othership Workplace Scheduler, and to your use of the Othership Workplace Scheduler. You must not upload, post, email or otherwise transmit any Client Content that:
– Is libellous, defamatory, obscene, abusive, or violates any law,
– Infringes any patent, trademark, database right, trade secret, copyright or other proprietary right of any party,
– You do not have the right to transmit under any law or contractual relationship (such as confidential information),
– Contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas that are clearly designated for such purpose,
– Contains viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment,
– Is pornographic, sexually explicit or obscene.

6.5 You shall be civil and show respect for other Users and Clients. You shall not interfere with another person’s use or enjoyment of the Othership Workplace Scheduler.

6.6 We will determine, at our discretion, whether any Client Content breaches our content standards. Failure to comply with the content standards constitutes a material breach of these Terms and may result in further actions which may include (at our discretion):
– Immediate, temporary or permanent withdrawal of your right to use the Othership Workplace Scheduler and the Othership Services,
– 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,
– Disclosure of such information to law enforcement authorities as we feel is necessary or as required by law.

LAWFUL USE

7.1 You may use Othership Workplace Scheduler only for lawful purposes. You must not use Othership Workplace Scheduler:
– 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;
– 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 as stated in these Terms or any other Othership policy which relates to the use of the Othership Workplace Scheduler of parts of the Othership Workplace Scheduler.

TERM & TERMINATION

8.1 These terms commences on the Effective Date, set forth in the Order Form and continues until all licenses granted in accordance with these terms have expired or have been terminated. The term shall be as set forth in the Order Form, which shall automatically renew, unless either party requests termination at least thirty days prior to the end of the Term.

8.2 A party may terminate these terms for cause:

- upon 30 days written notice to the other party of a material breach of these terms if such breach remains uncured at the expiration of such period;

- immediately upon written notice if the other party becomes the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding;

- as otherwise provided in these terms

8.3 Within thirty days after termination of these terms, Client shall certify in writing to Othership that all copies of the Othership Workplace Scheduler Services, Updates, and Documentation in any form, have been destroyed or returned to Othership.

8.4 Clients or Users on Othership Workplace Scheduler Free Tier, as set forth on the Site or Order Form, may terminate these terms with no notice and immediate effect.

AVAILABILITY & SUPPORT

9.1 You are using the Othership Workplace Scheduler at your own risk and we are under no obligation to provide you with any technical support or to correct any errors, although we reserve the right to do so. If you experience any difficulty using the Othership Workplace Scheduler you can contact us by email to hello@othership.com and we shall endeavour to respond to your enquiry.

9.2 While we try to make sure that the Othership Workplace Scheduler is accurate, up-to-date and free from bugs, we cannot promise that it will be. Any reliance that you may place on the information on the Othership Workplace Scheduler is at your own risk.

9.3 While we try to make sure that the Othership Workplace Scheduler is available for your use, we do not promise that the Othership Workplace Scheduler is available at all times nor do we promise the uninterrupted use by you of the Othership Workplace Scheduler.

DATA SECURITY & CONFIDENTIALITY

10.1 "Confidential Information" means all confidential and proprietary information of a party, referred to as “Disclosing Party” disclosed to the other party, referred to as “Receiving Party", whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Including, but not limited to, the terms and conditions of these terms, pricing mentioned in the Order Form, the Othership Workplace Scheduler Services, Documentation, business and marketing plans, technology and technical information, product designs, business processes. Confidential Information shall not include any information that:

- is or becomes generally known to the public without breach of any obligation;

- was known to Receiving Party prior to its disclosure by Disclosing Party without breach of any obligation;

- was independently developed by Receiving Party without breach of any obligation;

- is received from a third party without breach of any obligation

10.2 Receiving Party shall not disclose any Confidential Information for any purpose outside the scope of these terms, except with prior written consent from Disclosing Party. Receiving Party shall protect the confidentiality of Disclosing Party's Confidential Information in the same manner that it protects the confidentiality of its own. Othership may use data generated by the use of the Othership Workplace Scheduler Services in an anonymized format. Receiving Party shall promptly notify Disclosing Party if it becomes aware of any actual or reasonably suspected breach of confidentiality.

10.3 If Receiving Party is required by law to disclose Confidential Information of Disclosing Party, it shall provide Disclosing Party with prior notice of such disclosure, to the extent permitted by law, and reasonable assistance, at Disclosing Party's cost, if Disclosing Party wishes to contest the disclosure.

10.4 The Receiving Party shall continue to maintain the confidentiality of the Disclosing Party's Confidential Information after termination of the Agreement as long as it remains confidential and, upon request, return to the Disclosing Party or destroy all Confidential Information.

10.5 If any Client licensed to use the Othership Workplace Scheduler Services hereunder is in a European Union or European Economic Area member state or any Client User will be accessing and using the Othership Workplace Scheduler Services from within a European Union or European Economic Area member state, and if Client Data contains any such personal information, then, Othership’s specific security measures and safeguards shall include processing such personal information in accordance with a separate data processing agreement or addendum (a “DPA”) and such security measures and safeguards shall include processing such personal information in accordance with the terms of the DPA.

LINKS

11.1 You may link to our Site, 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. We reserve the right to withdraw any linking permission without notice.

11.2 Where our Site contains links to Third Party Sites, these links are provided for your information only. We have no control over the contents of Third Party Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of a Third Party Sites or Third Party Services may be governed by the terms and conditions of that third party.

DISCLAIMER

12.1 If you choose to use the Othership Workplace Scheduler or content, you do so voluntarily and at your sole risk. The Othership Workplace Scheduler and content are 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 Othership Services, laws, rules, or regulations that may be applicable to your Listings and/or Venue Services you are receiving and that you are not relying upon any statement of law or fact made by Othership relating to a Listing.
If we choose to conduct identity verification or background checks on any Client, to the extent permitted by applicable law, we disclaim warranties of any kind, either expressed or implied, that such checks will identify prior misconduct by a Client or guarantee that a Client will not engage in misconduct in the future. 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.

INDEMNFICATION

13.1 Othership will defend, indemnify and hold Client harmless against any loss, damage or costs, incurred in connection with claims, demands, suits, or proceedings (Claims) made or brought against Client by a third party alleging that the use of the Othership Workplace Scheduler Services as contemplated in these terms infringes the E.U. intellectual property rights of such third party, provided that Client promptly (i) gives written notice of the Claim to Othership; (ii) gives Othership sole control of the defense and settlement of the Claim (provided that Othership may not settle any Claim unless it unconditionally releases Client of all liability); and (iii) provides to Othership, at Othership’s cost, all reasonable assistance.

13.2 Othership shall have no liability for any Claim to the extent the Claim is based upon (i) the use of the Othership Workplace Scheduler Services in combination with any other product, service or device not furnished, recommended or approved by Othership, if such Claim would have been avoided by the use of the Othership Workplace Scheduler Services, without such product, service or device; or (ii) Client’s use of the Services in breach of these terms.

13.3 Customer will indemnify, defend and hold harmless Othership from all damages required to be paid by Othership as a result of any Claim that arises out of any Client Data or Confidential Information, including any processing thereof by or on behalf of Othership if processed in accordance with the terms of these terms or Client’s instructions.

LIABILITY

14.1 EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, FOR CUSTOMER’S FAILURE TO PAY ANY FEES DUE UNDER THESE TERMS, IN THE EVENT OF CLIENT’S UNAUTHORIZED USE, DISTRIBUTION OR DISCLOSURE OF OTHERSHIP’S INTELLECTUAL PROPERTY, OR CLIENT’S MATERIAL BREACH OF SECTION 10 “CONFIDENTIALITY”, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE AMOUNT OF FEES PAID BY CLIENT TO OTHERSHIP HEREUNDER DURING THE MOST RECENT 6 MONTH PERIOD OF THE TERM.

14.2 IN NO EVENT SHALL OTHERSHIP HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION DOES NOT APPLY, HOWEVER, TO DAMAGES AND LOSSES ARISING FROM OR IN CONNECTION WITH THE PARTY’S FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

FEEDBACK & DISPUTE RESOLUTION

15.1 If you wish to provide feedback or to make a complaint in relation to our services, please email hello@othership.com.

15.2 If a complaint you make remains unresolved, we can consider various methods of dispute resolution.

GOVERNING LAW & JURISDICTION

16.1 These Terms shall be governed by and constructed in accordance with the laws of England and Wales. In the event of any dispute arising in relation of these Terms or in relation to the Othership Workplace Scheduler or the provision of any services by us, the English courts will have exclusive jurisdiction over such dispute.

GENERAL

17.1 These Terms constitute the entire agreement between us for the use of the Othership Workplace Scheduler and the services available through it.

17.2 No person other than us and Clients shall have any rights to enforce any of these terms.

17.3 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us or any Client, constitute us or any Client the agent of any Client, or authorise us or any Client to make or enter into any commitments for or on behalf of any other Client.

17.4 If any part of these Terms is unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6 In the event that we are acquired by, or merged with a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity. We may also transfer any or all of our rights and obligations under these Terms in the event of a corporate group re-organisation to any Client within our group of companies.

17.7 You may not transfer your rights and obligations under these Terms to another person without our prior written consent.

17.8 If you have any questions regarding these terms, please email us.

These Terms of Use were last updated on 19th April 2023

These Terms of Service constitute a legally binding agreement between you and Othership (as defined below) governing your access to and use of the Othership website including any subdomains and any other channels through which Othership makes its workspaces services available. The Site and Othership Workspaces Services together are collectively referred to as the “Othership Workspaces Platform”.

Our collection and use of personal information in connection with your access to and use of the Othership Workspaces Platform is described in our Privacy Policy which complies with all relevant data protection laws.

Venues (As defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Venue Services (As defined below). Venues are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Certain types of services may be prohibited altogether. Penalties may include fines or other enforcement.

Please read these Terms carefully before using our services as these Terms will apply to all of our services made available to you through the Othership Workspaces Platform. By accessing and using the Othership Workspaces Platform, you agree to be bound by these Terms. If you do not accept these Terms, you should not use the Othership Workspaces Platform.

If you have any questions about our Terms, please contact hello@othership.com.

INTERPRETATION

The following definitions apply to these Terms:

– Othership Workspaces Platform: The Site and any subdomain or services in relation with Workspaces, including, but not limited to: Othership On-Demand, Office & Meeting Room brokerage.

– Othership On-Demand: Services related to Othership Memberships.

– Othership Workspaces Services: The services performed by Othership in connection with the Othership Workspaces Platform

– Booking modifications: Any modifications to a booking which are made by either the User or the Venue after the booking has been confirmed

– Booking fee: The fee the Venue agrees to pay to Othership for every booking made through the platform

– Offers: Any products or services offered by the Venue for which charges may apply as specified in the Listing

– Venue: A Member who provides Workspace and services to Users via the Othership Workspaces Platform

– Venue Services: The services provided by the Venue to Users via the Othership Workspaces Platform

– Workspace: The space made available to Users by the Venue on the Othership Workspaces Platform

– Workspace Agreement: The agreement entered into by the Venue & a user for the provision of a Workspace

– Listing: The publication of the Workspace and the Venue Services on the Othership Workspaces Platform

– Service fees: The fees Othership may charge the Venues in consideration of the use of the Othership Services (Includes booking fee and premium subscription fee)

– Chargeable Term: The first 12 months of the Workspace Agreement or the minimum term of the Workspace Agreement (whichever is greater)

– Upfront Fee: 10% of the fee payable to you by the User in respect of the Chargeable Term

– Monthly Fee: 10% of the fee payable to you by the User in respect of the Chargeable Term

– Member: A registered member of the Othership Workspaces Platform, includes Premium Members

– Membership: Any of the memberships proposed on the Othership Workspaces Platform

– Premium Member: A registered member of the Premium Membership

– Premium Membership: Upgraded membership giving access to exclusive offers such as but not limited to: exclusive discounts

– All Access Membership: Membership giving access to Venues tagged “All Access” at no extra cost to their membership, regardless of the packages or day passes value, in line with clause 11 of these terms

– Exclusive Offers: Offers exclusive to Othership Premium Members, set up by Othership and described on the Exclusive Offers & Service Fees page.

– Member Content: Any content including but not limited to text, graphics, photographs, images, illustrations, audio clips and video clips which are created, uploaded, posted, sent, stored or otherwise made available by a Member on the Othership Workspaces Platform

– Payment Method: The financial instrument (such as credit card, debit card or PayPal) selected by the Member via their Othership Account

– User: A person who uses the Othership Services

– Third-Party Services: The services provided exclusively to Members by a third party which may be accessed via the Othership Workspaces Platform from time to time

– Third-Party Sites: The websites of third parties which may be accessed by Members via the Othership Workspaces Platform from time to time

– Site: The website othership.com

SCOPE OF OTHERSHIP WORKSPACES SERVICES

2.1 The Othership Workspaces Platform enables Members to transact directly for the purposes of advertising Venues and booking Workspaces.

2.2 The Othership Workspaces Platform enables:
– Venues to publish a Listing of a Workspace and any Venue Services that they offer on the Othership Workspaces Platform;
– Users to search for Workspaces, review Listings and book Workspaces via the Othership Workspaces Platform.
– Premium Members to review Listings, book Workspaces via the Othership Workspaces Platform and access offers exclusive to Premium Members.

2.3 Othership is only a provider of the Othership Workspaces Platform and does not own, control, manage, offer or deliver any Listing or Venue Services. When Members place or accept a booking, they are entering into a contract directly with each other on the basis of these Terms and any specific terms and conditions of the Venue, which may be specified in the Listing. In the event of any conflict between these Terms and the Listing, these Terms shall prevail.

2.4 Othership is not acting as an agent in any capacity for any Member.

2.5 While we may help facilitate the resolution of disputes, Othership has no control over and does not guarantee:
– The existence, quality, safety, suitability, or legality of any Listings or Venue Services;
– The truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined above);
– The performance or conduct of any Member or third party. Othership does not endorse any Member, Listing or Venue Services.

2.6 If you choose to use the Othership Workspaces Platform as a Venue (as defined above), your relationship with Othership is limited to the provision of marketing services as a third-party provider, and not an employee, agent, joint-venturer or partner 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 Othership. Othership 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 Venue Services. You acknowledge and agree that you have complete discretion on whether to list Venue Services.

2.7 To promote the Othership Workspaces Platform and to increase the exposure of Listings to potential Users, 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. Othership cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Othership Workspaces 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.

2.8 Due to the nature of the Internet, Othership cannot guarantee the continuous and uninterrupted availability and accessibility of the Othership Workspaces Platform. We may restrict the availability of the Othership Workspaces Platform or certain areas or features 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 Othership Workspaces Platform. Othership may improve, enhance and modify the Othership Workspaces Platform and introduce new Othership Services from time to time.

OTHERSHIP ACCOUNT REGISTRATION AND SECURITY

3.1 You must be at least 16 years old and able to enter into legally binding contracts to access and use the Othership Workspaces Platform. By accessing or using the Othership Workspaces Platform, you represent and warrant that you are 16 or older and have the legal capacity and authority to enter into a contract.

3.2 We restrict access to certain parts of the Othership Workspaces Platform to visitors of the Site who already have registered an Othership Account. You must register an Othership Account in order to use Othership services.

3.3 If you register on Othership Workspaces Platform, you must provide true and accurate information about yourself and keep your Othership Account up-to-date at all times. Should the registration information provided prove false or misleading, we may suspend or terminate your Othership Account.

3.5 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. In spite of the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:
– 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,
– Screen Members against third party databases or other sources and request reports from service providers, and
– Where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent a version of background or registered sex offender checks in your local jurisdiction (if available).

MODIFICATIONS OF THESE TERMS

4.1 Othership 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 Othership Workspaces Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of modifications impacting you by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Othership Workspaces Platform will constitute acceptance of the revised Terms.

SITE CONTENT & MEMBER CONTENT STANDARDS

5.1 Apart from the Member Content, all materials displayed or performed on the Othership Workspaces Platform (including, but not limited to text, graphics, photographs, images, illustrations and video clips) are protected by database right and other intellectual property rights, which are owned or controlled by us or our third-party content providers. You may not sell, reproduce, modify, copy, distribute or use for any commercial purpose any such materials without our written consent.

5.2 We may at our sole discretion, enable Members to create, upload, post, send, receive and store content, such as text, graphics, photographs, images, illustrations and video clips and information on or through the Othership Workspaces Platform. By creating, uploading, posting, sending, receiving, storing or otherwise making available any Member Content on the Othership Workspaces Platform, you grant Othership a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and transferable licence to access and use such Member Content. Including but not limited to:
– Copy, electronically store, use, publish, display, communicate, broadcast, transmit, make available and distribute the Member Content;
– Change, amend or develop the Member Content and create derivative works from it;
– Exploit in any such manner the Member Content.

5.3 We do not monitor or moderate the Member Content that you upload to the Othership Workspaces Platform and neither do we screen users or Members. You use the Othership Workspaces Platform at your own risk and you should take care with any Member Content you post or access on the Othership Workspaces Platform.

5.4 The following content standards apply to any Member Content you upload to, display on, distribute or publish through the Othership Workspaces Platform, and to your use of the Othership Workspaces Platform. You must not upload, post, email or otherwise transmit any Member Content that:
– Is libellous, defamatory, obscene, abusive, or violates any law,
– Infringes any patent, trademark, database right, trade secret, copyright or other proprietary right of any party,
– You do not have the right to transmit under any law or contractual relationship (such as confidential information),
– Contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas that are clearly designated for such purpose,
– Contains viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment,
– Is pornographic, sexually explicit or obscene.

5.5 You shall be civil and show respect for other Users and Members. You shall not interfere with another person’s use or enjoyment of the Othership Workspaces Platform.

5.6 Othership may offer Venues the option of having professional photographers take photographs of their Venue Services, which are made available by the photographer to Venues to include in their Listings. You acknowledge and agree that Othership shall have the right to use any uploaded images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. You grant to Othership an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Othership grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use these images outside of the Othership Workspaces Platform solely for your personal and non-commercial use.

5.7 We will determine, at our discretion, whether any Member Content breaches our content standards. Failure to comply with the content standards constitutes a material breach of these Terms and may result in further actions which may include (at our discretion):
– Immediate, temporary or permanent withdrawal of your right to use the Othership Workspaces Platform and the Othership Services,
– 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,
– Disclosure of such information to law enforcement authorities as we feel is necessary or as required by law.

LAWFUL USE

6.1 You may use Othership Workspaces Platform only for lawful purposes. You must not use Othership Workspaces Platform:
– 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;
– 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 as stated in these Terms or any other Othership policy which relates to the use of the Othership Workspaces Platform of parts of the Othership Workspaces Platform.

6.2 The Venue is responsible for ensuring at all times that:
– The Workspace is safe, including with respect to fire safety,
– They have the right to allow the Workspace to be used by the User in the manner described in the Listing,
– The Workspace complies with applicable laws and other regulations (including having all of the required permits, licences and registrations and food hygiene standards).

6.3 We ask you to respect the property of others. You may use a Workspace which you book via the Othership Workspaces Platform only for lawful purposes and in compliance with these Workspaces standards. You must not use a Workspace:
– In any way that causes a disturbance or nuisance to others;
– 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;
– To steal or vandalise property that is not your own.

SERVICE FEES

Applicable to venues only:

7.1 Othership may charge fees to Venues (“Service Fees”) in consideration for the use of the Othership Workspaces Platform. More information about when Service Fees apply and how they are calculated can be found in section height (8) “TERMS FOR VENUES”, and on our Exclusive Offers & Service Fees page.

7.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Venue prior to publishing a Listing. Othership reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

7.3 Othership Fees are charged to a Venue via a monthly invoice. Payments are to be made via bank transfer in pound sterling within ten working days upon reception of the invoice.

7.4 Where we collect any fee and are responsible for remitting payments for bookings to the relevant Venue, we may use a third-party payment service to fulfill this payment service. When we do, these services may be subject to, or require you to accept, additional terms and conditions of a third-party payment service provider. Third-party service providers may charge additional fees when processing payments and we are not responsible for any such fees and disclaim all liability in this regard. If additional terms and conditions and privacy practices are imposed by the relevant third-party payment service provider, you should familiarise yourself with them. We may deduct from any payment we collect any Booking Fee, Service Fee, or any other amount you owe us under this Agreement.

Applicable to venues & users:

7.5 Your Payment Method may be subject to additional terms and conditions imposed by the applicable third-party payment service provider and are subject to different terms and conditions and privacy practices which you should review independently.

BROKERAGE FEES

This section only applies to venues and can be overwritten by another contract if it has been agreed beforehand between the Venue and Othership.

8.1 If you are a Venue and you enter into a Workspace Agreement with a User that was referred to you by us (whether the Workspace Agreement was entered into before or after termination or closure of the Venue’s Account), we will charge you either the Upfront Fee, which will be payable by you to us on the commencement date of the Workspace Agreement; or the Monthly Fee, which will be payable by you to us on a monthly basis in advance for entire Chargeable Term, as agreed between us or unless we expressly agree an alternative fee arrangement with you.

8.2 The Upfront Fee or Monthly Fee will also be payable by you to us if a Member that was referred to you by us through other Othership Services enters into a Workspace Agreement (whether with you or any other Venue).

8.3 In the event that the Workspace Agreement terminates before the end of the Chargeable Term; or the Workspace Agreement is for a period of less than 12 months, then you shall be entitled to a pro rata refund of the Upfront Fee, subject to the provision of satisfactory evidence to Othership that the Workspace Agreement has ended, and provided that you promptly inform Othership if and when a Workspace Agreement terminates or expires.

8.4 In the event of any change to the fee payable by a User to a Venue during the Chargeable Term, including where the Venue and the User agree that the User will occupy a new Workspace, the Venue shall pay to Othership on a pro rata basis any additional Upfront Fee payable in respect of the increased Workspace fee; or Othership shall refund to the Venue on a pro rata basis any Upfront Fee paid by the Venue in respect of the decreased Workspace fee; or the Monthly Fee shall be adjusted to take into account the increase or decrease in the Workspace fee from the date of such increase or decrease in the fee.

8.5 Othership will send an invoice when the User takes occupation of the Workspace. Subsequent invoices will be raised as appropriate.

TERMS FOR VENUES

9.1 These Terms come into force when validating a Listing. These Terms will automatically renew in successive 12 months periods, unless terminated by Othership or the Venue on 1-month notice, or otherwise in accordance with the provisions set out in clause 12.

9.2 The Venue is responsible for the accuracy of their Listings including the provision of an accurate description of the Workspace, the Venue Services and the price for the Listing and any additional charges for amenities or extras. The Venue must keep their Listing(s) up-to-date at all times.

9.3 Listings must not be misleading and must include accurate and up-to-date information concerning the:
– Calendar availability of the Workspace;
– Calendar availability of discounts and Exclusive Offers for Premium Members shall they be different from the availability of the Workspace
– Exact location of the Venue;
– Venue’s contact details, including but not limited to, email, telephone;
– Any additional details which may affect a User’s use of the Workspace or Venue Services such as engineering works, unusual activities, unusual opening hours, or any other restrictions.

9.4 Venues must not mislead other Members about the type, nature, or details of any Listing, substitute one Listing for another, set up fake or fraudulent Listings, engage in deceptive pricing, or fail to disclose hazards concerning the Venue. Venues will be liable for any injuries or other prejudices caused to the Users by their own negligence.

9.5 The Venues may decide whether or not they want to propose Exclusive Offers to Premium Members. Venues that decide to propose such offers will not be charged any of the Service Fees. Othership Services will remain free for these Venues as long as they propose Exclusive Offers to Premium Members. More information about Exclusive Offers can be found on our Exclusive Offers & Service Fees page.

9.6 When you accept a booking you are entering into a legally binding agreement with the User on these Terms and the terms and conditions you might add in your Listing. When you propose Exclusive Offers to Premium Members on your Listing, you agree to give access to these offers to any Premium Member on presentation of a valid Premium Membership Card, whether they have made a booking or not.

9.7 If not in place already, Othership highly recommends that Venues obtain appropriate insurance for their Workspace and the Venue Services.

9.8 The placement and ranking of Listings in search results on the Othership Workspaces Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Venue requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Venue Services, and/or ease of booking.

9.9 We will consider that a User has been referred to you by us, and that our Upfront Fee or Monthly Fee will become payable if you enter into a Workspace Agreement with a User if we first contacted the Venue on behalf of the User or arranged a first Viewing on behalf of the User, unless the Venue can prove with documentary evidence, to our reasonable satisfaction, within 5 working days of the date of first introduction to the Venue, that the Venue has previously been in contact with the User other than through Othership.

9.10 In the event of a disputed introduction, the Venue must provide all related information and documentation in support of its dispute. Othership agrees to review this information, together with its own documented evidence, in good faith, and determine whether the fees are due. Othership’s determination on the matter shall be final and binding on the Venue.

LISTING A WORKSPACE

This section only applies to Venues.

9.1 Unless expressly allowed by Othership, you may not list more than one Workspace per Listing.

9.2 You represent and warrant that any Listing you own and the booking, or a User’s stay at a Workspace will:
– Not breach any agreements you have with any third parties;
– Give access to power and WiFi to any user booking your Workspace;
– Comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Venue, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the Workspace at your request or invitation, excluding the Users and other customers.

ENQUIRIES & VIEWINGS

11.1 As a User, you are responsible for ensuring that the Workspace is suitable to your needs, and for conducting any appropriate checks on the Workspace and the Venue.

ENTERING INTO A WORKSPACE AGREEMENT

12.1 We will advise the Venue of Users interested in their Workspace, either through the Othership Workspaces Platform or by contacting the Venue directly.

12.2 The Venue is responsible for reviewing and confirming the suitability of a User, including by conducting any checks or obtaining any references. Othership does not conduct any background checks.

12.4 Othership itself is not a party to any agreements entered into between the Venues and Users, nor is Othership an owner, lessor, licensor, manager, or insurer of any Workspace. Othership has no control over and disclaims all liability in respect of the conduct of Venues or Users of the Othership Workspaces Platform and Services.

12.5 Whether you are a User or a Venue you must keep Othership informed in relation to any Workspace Agreement you enter into, including any amendments or termination.

TERMS FOR OTHERSHIP MEMBERS

13.1 You will receive a booking confirmation email from us. A legally binding agreement is formed directly between you and the Venue upon your receipt of the booking confirmation which is based on these Terms and the Venue’s terms and conditions which are specified in the Listing.

13.2 When validating a booking, you agree to use the Workspace in accordance with the standards set out in these Terms and any additional terms and conditions specified in the Venue’s Listing.

13.3 Please note your Membership is continuous and is renewed automatically at the end of each membership period. Your renewal date is the expiry date shown on your digital membership card. We will not be liable for any non-receipt of communication from us. You are required to inform us if you change your correspondence address (both email and postal).

13.4 The automatic renewal does not apply to gift purchases or a free trial membership where you are not required to enter your payment details to redeem.

13.5 The price of our Memberships will be as quoted on our site from time to time, except in cases of obvious error.

13.6 Prices include VAT.

13.7 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.

13.8 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.

13.9 Participating Venues may exclude some days (including but not limited to Weekends and bank holidays). Please check our site and also refer to individual Venues pages, as other exclusions may apply.

13.10 Offers advertised on our website(s) as Exclusive Offers are only available to Premium Members who present a valid Premium Membership. Such offers are not available in conjunction with any other offers that participating Venues may be running.

13.11 The expiry date of each Membership will vary and will always be checked at each Venue. Expired Memberships are not accepted by participating Venues. Memberships are strictly non-transferable and can only be used by named members and their coworkers, up to the limit specified by participating Venues on our site. Any attempted misuse of the Memberships may result in confiscation.

13.12 We will use reasonable endeavours to update our site to show the particulars of participating Venues and the terms of their availability. Participating Venues may, however, be entitled to withdraw or to change the terms and conditions of their availability after you have become a Premium Member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.

13.13 Members will have the benefit of any additional Venues which join at a later date and any increase in the availability of participating Venues.

TERMS FOR ALL ACCESS MEMBERS

14.1 Access to the Venues may only be requested by booking on the Othership Workspaces Platform.

14.2 Othership may decline your booking, even though it has been accepted, on behalf of the Venue at their discretion.

14.3 Othership shall promptly notify you if a Venue cancels a Booking for any reason.

14.4 All Access Memberships are intended for the use of our Venues as workspaces and thus, All Access bookings are limited to one per day. If you complete thirty-one (31) bookings in the same calendar month, Othership will automatically pause your membership to review your usage. We might grant you extra bookings if your usage is in line with these terms or terminate your membership if not, in accordance with clause 12 of these terms.

14.5 All Access Memberships are strictly non-transferable and are intended for the use of the person to which it is allocated and is not intended to provide access and use to other parties. Guests are not permitted, other than in connection with meeting room bookings.

14.6 All Access Members are not permitted to use the address of any of the Venues for mail and package delivery, and Othership shall have no liability in connection with any mail or packages delivered to an All Access Member at a Venue.

TERMINATION

15.1 A Member may terminate their contract with us at any time by sending us an email at hello@othership.com, or using their Account, under the following conditions:
– If you are a Member and you cancel your Othership Account, any confirmed booking(s) will be automatically canceled without refund.

– A membership lasts for the duration of purchased plan. Any termination in that period, either by email or online, will allow the term to run and then end.
– If you are a Venue you may cancel your Othership Account at any time, under a one-month notice (See clause 8.1). Following such cancellation, you will not be entitled to any compensation for pending or confirmed bookings that are automatically canceled.

15.2 We may terminate our contract with you at any time without reason upon written notice by email to the email address registered to your Othership Account.

15.3 We may terminate our contract with you immediately and without notice if:
– You have materially breached your obligations under these Terms (including the content standards),
– You have violated applicable laws, regulations or third-party rights.

15.4 If we terminate our contract with you, your Othership Account will automatically be canceled. You will no longer have access to the Othership Workspaces Platform. Any data, messages, files, payment information or other data stored on the Othership Workspaces Platform may be deleted.

15.5 Any provision of these Terms that expressly or by implication is intended to come into force or continue after termination or expiry of these Terms shall remain in full force and effect. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected.

BOOKING MODIFICATION, CANCELLATION AND REFUNDS

16.1 Venues and Users are responsible for any modifications to a booking that they make via the Othership Workspaces Platform or direct Othership customer service to make and agree to pay a 5% cancellation fee, and any additional Listing Fees and/or Taxes associated with such Booking Modifications.

16.2 If a Venue cancels a confirmed booking, Othership may publish an automated review on the Listing canceled by the Venue indicating that a booking was canceled. In addition, Othership may impose a cancellation fee, unless the Venue has a valid reason for canceling the booking pursuant to extraordinary circumstances or has legitimate concerns about the User’s behaviour.

16.3 In certain circumstances, Othership 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 such as:
– Othership believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Othership, other Members, third-parties or property;
– For any of the reasons set out in these Terms.

RATINGS AND REVIEWS

17.1 Within a certain timeframe after completing a booking, Users can leave a public review and submit a star rating. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Othership. Ratings and Reviews are not verified by Othership for accuracy and may be incorrect or misleading.

17.2 Ratings and Reviews by Users must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and 6.

17.3 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.

17.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Othership Workspaces Platform together with other relevant information such as number of bookings, number of cancellations and other information.

PROHIBITED ACTIVITIES

18.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Othership Workspaces Platform. In connection with your use of the Othership Workspaces Platform, you will not and will not assist or enable others to:
– Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
– Use the Othership Workspaces Platform or collective content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Othership endorsement, partnership or otherwise misleads others as to your affiliation with Othership;
– Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Othership Workspaces Platform in any way that is inconsistent with Othership’s Privacy Policy or these Terms or that violates the privacy rights of Members or third parties;
– Offer, as a Venue, any Workspace that you do not yourself own or have permission to make available through the Othership Workspaces Platform;
– Use the Othership Workspaces Platform in connection with the distribution of unsolicited commercial messages;
– Use the Othership Workspaces Platform to request, make or accept a booking independent of the Othership Workspaces Platform, to circumvent any Service Fees or for any other reason;
– 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 behaviour;
– Unless Othership explicitly permits otherwise, book any Listing if you will not actually be using the Venue Services yourself;
– Use, display, mirror or frame the Othership Workspaces Platform or Collective Content, or any individual element within the Othership Workspaces Platform, Othership’s name, any Othership trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Othership Workspaces Platform, without Othership’s express written consent;
– Dilute, tarnish or otherwise harm the Othership brand in any way, including through unauthorized use of Collective Content, registering and/or using Othership 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 Othership domains, trademarks, taglines, promotional campaigns or collective content;
– Avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological measure implemented by Othership or any of Othership’s providers or any other third-party to protect the Othership Workspaces Platform;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Othership Workspaces Platform;
– 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 Othership Workspaces Platform for any purpose;
– Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Othership Workspaces Platform;
– Export, re-export, import, or transfer the platform except as authorized by United Kingdom law, the export control laws of your jurisdiction, and any other applicable laws;
– Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

18.2 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behaviour, anyone you suspect of stealing from you, or anyone who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Othership by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

AVAILABILITY & SUPPORT

19.1 You are using the Othership Workspaces Platform at your own risk and we are under no obligation to provide you with any technical support or to correct any errors, although we reserve the right to do so. If you experience any difficulty using the Othership Workspaces Platform you can contact us by email to hello@othership.com and we shall endeavour to respond to your enquiry.

19.2 While we try to make sure that the Othership Workspaces Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Any reliance that you may place on the information on the Othership Workspaces Platform is at your own risk.

19.3 While we try to make sure that the Othership Workspaces Platform is available for your use, we do not promise that the Othership Workspaces Platform is available at all times nor do we promise the uninterrupted use by you of the Othership Workspaces Platform.

PRIVACY

20.1 We process information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully as it contains important information about your personal information.

LINKS

21.1 You may link to our Site, 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. We reserve the right to withdraw any linking permission without notice.

21.2 Where our Site contains links to Third Party Sites, these links are provided for your information only. We have no control over the contents of Third Party Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of a Third Party Sites or Third Party Services may be governed by the terms and conditions of that third party.

DISCLAIMER

If you choose to use the Othership Workspaces Platform or content, you do so voluntarily and at your sole risk. The Othership Workspaces Platform and content are 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 Othership Services, laws, rules, or regulations that may be applicable to your Listings and/or Venue Services you are receiving and that you are not relying upon any statement of law or fact made by Othership 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 expressed 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.
You agree that some Events or Venue Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Venue Services may carry risk of illness, body injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Venue Services. You assume full responsibility for the choices you make before, during and after your participation in a Venues Service.
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.

LIABILITY

23.1 To the maximum extent permitted by law, we will not have any liability to you (whether in contract, tort (including negligence) or otherwise) in connection with:
– these Terms;
– the content (including Member Content) published on the Othership Workspaces Platform;
– your use or inability to use the Othership Workspaces Platform;
– your use or inability to use the Othership Services (including Payment Services);
– your interaction with any Member, or use of or inability to use a Workspace, or any Venues Service, Amenities or Extras or any defect in the Workspace;
– a Listing which you publish on the Othership Workspaces Platform;
– a booking which you make via the Othership Workspaces Platform.
Our maximum liability in any calendar year to:
– a Venue shall be limited to 50% of the total Service Fees paid by the Venue to Othership in that calendar year;
– a User shall be limited to fifty pounds (£50) in that calendar year.

23.2 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our own negligence or fraud or fraudulent misrepresentation.

INDEMNIFICATION

24.1 You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of:
– the content (including Member Content) you submit, post or transmit via the Othership Workspaces Platform;
– your use or misuse of Othership Workspaces Platform or the use or misuse by any person for whom you are responsible;
– your use or misuse of Othership Services or the use or misuse by any person for whom you are responsible;
– your interaction with any Member, use of a Workspace, or any Venues Service;
– a Listing which you publish on the Othership Workspaces Platform;
– a booking which you make via the Othership Workspaces Platform;
– your breach of these Terms;
– your breach of any laws, regulations or third-party rights.

FEEDBACK & DISPUTE RESOLUTION

25.1 If you wish to provide feedback or to make a complaint in relation to our services, please email hello@othership.com.

25.2 If a complaint you make remains unresolved, we can consider various methods of dispute resolution.

GOVERNING LAW & JURISDICTION

26.1 These Terms shall be governed by and constructed in accordance with the laws of England and Wales. In the event of any dispute arising in relation of these Terms or in relation to the Othership Workspaces Platform or the provision of any services by us, the English courts will have exclusive jurisdiction over such dispute.

GENERAL

27.1 These Terms constitute the entire agreement between us for the use of the Othership Workspaces Platform and the services available through it.

27.2 No person other than us and Members shall have any rights to enforce any of these terms.

27.3 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us or any Member, constitute us or any Member the agent of any Member, or authorise us or any Member to make or enter into any commitments for or on behalf of any other Member.

27.4 If any part of these Terms is unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

27.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27.6 In the event that we are acquired by, or merged with a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity. We may also transfer any or all of our rights and obligations under these Terms in the event of a corporate group re-organisation to any member within our group of companies.

27.7 You may not transfer your rights and obligations under these Terms to another person without our prior written consent.

27.8 If you have any questions regarding these terms, please email us.

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