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 services available. The Site and Othership Services together are collectively referred to as the “Othership Platform”.
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, 18a Woodland Terrace, London, United Kingdom, SE7 8DD.
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 Platform. By accessing and using the Othership Platform, you agree to be bound by these Terms. If you do not accept these Terms, you should not use the Othership Platform.
If you have any questions about our Terms, please contact firstname.lastname@example.org.
1.1 The following definitions apply to these Terms:
– Othership Platform: The Site and any other related subdomain or service
– Othership Services: The services performed by Othership in connection with the Othership 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 Platform
– Venue Services: The services provided by the Venue to Users via the Othership Platform
– Venue Fee: The fee charged by a Venue to a User for the provision of Venue Services.
– Workspace: The space made available to Users by the Venue on the Othership Platform
– Listing: The publication of the Workspace and the Venue Services on the Othership 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)
– Member: A registered member of the Othership Platform, includes Premium Members
– Membership: Any of the memberships proposed on the Othership 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
– 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 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 books a Workspace via the Othership Platform and uses Venue Services
– Third-Party Services: The services provided exclusively to Members by a third party which may be accessed via the Othership Platform from time to time
– Third-Party Sites: The websites of third parties which may be accessed by Members via the Othership Platform from time to time
– Site: The website othership.com
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.
- SCOPE OF OTHERSHIP SERVICES
2.1 The Othership Platform enables Members to transact directly for the purposes of advertising Venues and booking Workspaces.
2.2 The Othership Platform enables:
– Venues to publish a Listing of a Workspace and any Venue Services that they offer on the Othership Platform;
– Users to search for Workspaces, review Listings and book Workspaces via the Othership Platform.
– Premium Members to review Listings, book Workspaces via the Othership Platform and access offers exclusive to Premium Members.
2.3 Othership is only a provider of the Othership 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. Any Venue Fees that are paid to Othership are paid solely in its capacity as agent for the Venue named in the Listing, in accordance with clause 2.4.
2.4 If you use the Othership Platform as a Venue, you appoint Othership as your agent for the sole purpose of collecting on your behalf and transmitting to you Venue Fees in relation to your Listings. You are responsible for invoicing the User for any Venue Fees. Save as detailed in this clause, 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 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 (save as detailed at clause 2.4), 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 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 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 Platform. We may restrict the availability of the Othership 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 Platform. Othership may improve, enhance and modify the Othership 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 Platform. By accessing or using the Othership 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 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 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.
3.4 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 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).
3.6 You must notify us at email@example.com of any known or suspected unauthorised use(s) of your Othership Account, or any known or suspected breach of security on the Othership Platform.
- 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 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 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 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 Platform. By creating, uploading, posting, sending, receiving, storing or otherwise making available any Member Content on the Othership 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 Platform and neither do we screen users or Members. You use the Othership Platform at your own risk and you should take care with any Member Content you post or access on the Othership Platform.
5.4 The following content standards apply to any Member Content you upload to, display on, distribute or publish through the Othership Platform, and to your use of the Othership 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 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 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 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 Platform only for lawful purposes. You must not use Othership 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 Platform of parts of the Othership 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 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
7.1 Othership may charge fees to Venues (“Service Fees”) in consideration for the use of the Othership 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 Venue Fee on behalf of the Venue 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 Venue Fee we collect on your behalf any Booking Fee, Service Fee, or any other amount you owe us under this Agreement.
7.5 Your Payment Method may also 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.
- TERMS FOR VENUES
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 If not in place already, Othership highly recommends that Venues obtain appropriate insurance for their Workspace and the Venue Services.
8.8 The placement and ranking of Listings in search results on the Othership 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.
- LISTING A WORKSPACE
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.
- TERMS FOR USERS
10.1 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.
10.2 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.
10.3 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).
10.4 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.
10.5 The price of our Memberships will be as quoted on our site from time to time, except in cases of obvious error.
10.6 Prices include VAT.
10.7 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
10.8 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.
10.9 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.
10.10 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.
10.11 The expiry date of each Membership will vary and will always be checked at each Venue. Expired Premium Memberships are not accepted by participating Venues. Premium Memberships are strictly non-transferable and can only be used by named premium members and their coworkers, up to the limit specified by participating Venues on our site. Any attempted misuse of the Premium Memberships may result in confiscation.
10.12 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.
10.13 Members will have the benefit of any additional Venues which join at a later date and any increase in the availability of participating Venues.
12.1 A Member may terminate their contract with us at any time by sending us an email at firstname.lastname@example.org 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.
– If you are a Premium Member and you do not want to renew your membership you should contact us by email at email@example.com at any point within your membership period and no later than 5pm on the working day preceding the expiry date of your current membership.
– 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.
12.2 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.
12.3 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.
12.4 If we terminate our contract with you, your Othership Account will automatically be canceled. You will no longer have access to the Othership Platform. Any data, messages, files, payment information or other data stored on the Othership Platform may be deleted.
12.5 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
13.1 Venues and Users are responsible for any modifications to a booking that they make via the Othership Platform or direct Othership customer service to make and agree to pay a 5% cancellation fee, and any additional Venue Fees and/or Taxes associated with such Booking Modifications.
13.2 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.
13.3 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
14.1 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.
14.2 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.
14.3 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.
14.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Othership Platform together with other relevant information such as number of bookings, number of cancellations and other information.
- PROHIBITED ACTIVITIES
15.1 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 Platform. In connection with your use of the Othership 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 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;
– Offer, as a Venue, any Workspace that you do not yourself own or have permission to make available through the Othership Platform;
– Use the Othership Platform in connection with the distribution of unsolicited commercial messages;
– Use the Othership Platform to request, make or accept a booking independent of the Othership 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 Platform or Collective Content, or any individual element within the Othership 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 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 Platform;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Othership 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 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 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.
15.2 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
16.1 You are using the Othership 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 Platform you can contact us by email to firstname.lastname@example.org and we shall endeavour to respond to your enquiry.
16.2 While we try to make sure that the Othership 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 Platform is at your own risk.
16.3 While we try to make sure that the Othership Platform is available for your use, we do not promise that the Othership Platform is available at all times nor do we promise the uninterrupted use by you of the Othership Platform.
18.1 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.
18.2 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.
If you choose to use the Othership Platform or content, you do so voluntarily and at your sole risk. The Othership 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.
20.1 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 Platform;
– your use or inability to use the Othership 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 Platform;
– a booking which you make via the Othership 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.
20.2 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.
21.1 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 Platform;
– your use or misuse of Othership 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 Platform;
– a booking which you make via the Othership Platform;
– your breach of these Terms;
– your breach of any laws, regulations or third-party rights.
- FEEDBACK & DISPUTE RESOLUTION
22.1 If you wish to provide feedback or to make a complaint in relation to our services, please email email@example.com.
22.2 If a complaint you make remains unresolved, we can consider various methods of dispute resolution.
- GOVERNING LAW & JURISDICTION
23.1 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 Platform or the provision of any services by us, the English courts will have exclusive jurisdiction over such dispute.
24.1 These Terms constitute the entire agreement between us for the use of the Othership Platform and the services available through it.
24.2 No person other than us and Members shall have any rights to enforce any of these terms.
24.3 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.
24.4 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.
24.5 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.
24.6 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.
24.7 You may not transfer your rights and obligations under these Terms to another person without our prior written consent.
24.8 If you have any questions regarding these terms, please email us.