Terms and conditions
1 About somewhereto_
1.1 somewhereto_ is a UK-wide project operated by Livity Limited (“we”, “us” or “our”) which enables people to access available spaces in their communities. It is freely available to 16-25 year olds and available at a charge for over 25s.
1.3 You should read these terms carefully before using the Site and the Services. You acknowledge and agree that by accessing or using the Services you are entering into a legal agreement with us and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. By using the Site, whether or not you use the Services, you agree to be bound by the website Acceptable Use Policy in Clause 17 of these Terms.
1.4 By creating a Listing or making a Booking, you acknowledge and agree that any Booking for a Space will be subject to the Licence. IF YOU DO NOT AGREE TO THESE TERMS, OR TO THE LICENCE, DO NOT CREATE A LISTING OR MAKE A BOOKING.
- Account means an account created for you on the Site;
- Booking means a booking for a Space requested by a Space User and confirmed by a Space Holder;
- Booking Fee means the fee that may be charged by a Space Holder to a Space User for the use of the Space for the Licence Period;
- Business Hours means the hours of 9.00am to 6.00pm Monday to Friday, excluding any day which is a bank holiday in England;
- Cancellation Policy means the cancellation policy stipulated by the Space Holder;
- Commission means the fee payable by the Space Holder to us upon the commencement of the Licence Period, as specified in Clause 10;
- Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or posted on the Site, including in a message sent to another user;
- Deposit means a security deposit that may be required by a Space Holder from a Space User;
- Intellectual Property Rights means copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);
- Licence means the agreement between the Space User and Space Holder under which the Space User is granted a right to occupy the Space for the
- Licence Period, upon the terms of the Licence;
- Licence means the agreed terms between the Space Holder and Space User for the use of the Space, a copy of which is available here;
- Licence Period means the term of the Licence;
- Listing means the listing of the Space on the Site containing information about the Space;
- Livity Limited a company incorporated in England and Wales with company registration number 04202600, whose registered office is at Unit 11 Piano House, 9 Brighton Terrace, London SW9 8DJ;
- Net Booking Fee means the Booking Fee less: (i) the Commission; (ii) refunds or credits provided to a Space Holder in accordance with these Terms; and (iii) any other fees notified to you.
- Occupant means anyone authorised by the Space User to use the Space, including its employees, independent contractors and agents who are authorised by the Space User to use the Space;
- Owner means the owner of a freehold or leasehold Property;
- Property means a freehold or leasehold property;
- Services means the services provided via the Site that enable Space Holders and Space Users to communicate with each other and make Bookings;
- Space means a part of or all a Property;
- Space Holder means a user who creates a Listing on the Site and/or Licences a Space to a Space User;
- Space Rules means rules relating to the use of the Space in addition to the Licence, as specified on the Listing;
- Space User means a user who makes a Booking;
- Third Party Payment Processor means a third party payment processor we may use to process payments made through the Site;
- You or your means the person accessing or using the Services.
2 OUR ROLE
2.1 We provide the Site and the Services which enable Space Holders and Space Users to communicate with each other and make Bookings.
2.2 We are not a party to any licences or other agreements entered into between Space Holders and Space Users.
2.3 We are not a Space Holder, lessor, licensor, manager, real estate broker, agent or insurer of any space and we do not have other interest in property. We do not offer real estate brokerage services. We do not own, sell, resell, furnish, provide, rent, sublet, license, manage or control any space or other interest in any property. We are not lawyers and do not offer legal services or legal advice
2.4 We are not an agent or insurer for any Space Holder, Space User, Owner or third party.
2.5 We have no control over the conduct of Space Holders, Space Users or other users of the Services or any Space and exclude all liability in this regard.
2.6 We cannot and do not control any content contained in any Listing (other than as set out in Clause 4.6) or the physical condition or suitability of any Space and make no representations or warranties in this regard. We are not responsible for and exclude any and all liability related to all Listings and Spaces.
3.1 Visitors to the Site may view Listings without creating an Account.
3.2 If you are a Space User:
3.2.1 in order to request or make a Booking you must register with us at the page and create an Account; and
3.2.2 if you are under 25, you will be required to verify your age when creating an Account.
3.3 If you are a Space Holder, in order for us to create a Listing for your Space or for you accept Bookings, you must register with us at the page and create an Account.
3.4 You agree that when creating your account and when using the Services you will:
3.4.1 provide information which is true and accurate in all material respects;
3.4.2 update your information as necessary;
3.4.3 keep your password and other account details confidential and for your personal use only; and
3.4.4 comply with all applicable laws and regulations.
3.5 We reserve the right to suspend or terminate your Account and access to the Services if we believe or have reason to believe that the information you provide is not true and accurate.
4 SPACE LISTINGS
4.1 If you are a Space Holder you may register your interest in creating a Listing for a Space by filling out the form.
4.2 Once you have registered your interest, we will contact you and ask you for details about the Space so that you can instruct us to create a Listing for your Space on your behalf.
4.3 We will require information from you in order to create your Listing, including:
4.3.1 description of the Space, its size and its facilities;
4.3.2 address of the Space;
4.3.3 description of the current use of the space and any other occupants;
4.3.4 availability date;
4.3.6 Booking Fee (if applicable);
4.3.8 Cancellation Policy; and
4.3.9 any other information we require.
4.4 A Space Holder may also stipulate eligibility requirements for Space Users to Licence the Space, including but not limited to:
4.4.1 minimum Licence Period;
4.4.2 insurance coverage;
4.4.3 use; or
4.4.4 Space Rules in addition to the Licence.
4.5 A Space Holder may stipulate that:
4.5.1 the use of the Space is free of charge and there is no Booking Fee; or
4.5.2 the use of the Space is free of charge for Space Users aged 25 and under and the Booking Fee is only payable by Space Users aged 26 or over; or
4.5.3 the Booking Fee is payable by all Space Users, whether aged under or over 25.
4.6 We reserve the right in our sole discretion to amend the presentation of information provided by you so that it conforms to our house style. We will not make any changes to the substance of the information provided by a Space Holder and do not accept any responsibility for the accuracy of the information provided by a Space Holder. It is the Space Holder’s responsibility to inform us if they become aware of any inaccuracy in the Listing.
4.7 A Space Holder must also provide us with their bank details for payment of any applicable Net Booking Fee.
5 SPACE HOLDER RESPONSIBILTIES
5.1 If you are a Space Holder, you acknowledge and agree that you are responsible for all Listings you instruct us to create and represent and warrant that:
5.1.1 the Listing is accurate in all material respects;
5.1.2 the Space and the use of the Space envisaged by these Terms and the Licence is compliant with all applicable laws and regulations including without limitation those related to commercial property, zoning, tax, common interest community declarations and rules and regulations, laws governing short term licensing of commercial property and any other applicable laws;
(a) are the Owner of the Space you are Listing; or
(b) if you are not the Owner, you have the right, authority or permission from the Owner to List such Space and are the duly authorised agent or representative of such Owner for the purpose of entering into a Licence for that Space in accordance with these Terms and the Licence; and
5.1.4 the Licence of the Space you are Listing will not breach any agreement with any third party, including any lease, sublease or licence, or conflict with any other rights of any third party.
5.2 You acknowledge and agree that:
5.2.1 we have no responsibility for the contents or accuracy of your Listing;
5.2.2 except in respect to your appointment of us as your agent for the collection of the Booking Fee, we are acting only as a passive conduit for the publication of your Listing.
6 BOOKING PROCESS
6.1 A Space User may request to book a Space through the Site by signing into their Account, clicking on the “Make An Enquiry” button and filling out and submitting the enquiry form.
6.2 When a Space User has requested a Booking, we will contact the Space Holder within 24 Business Hours. If the Space Holder confirms your booking, we will notify you by email and through the Site.
6.3 When a Space Holder confirms a Booking, a Space User must make payment of the Booking Fee in accordance with Clause 9 within 24 hours to secure the Booking, unless a longer period has been specified in the Space Rules.
7.1 All Bookings will be subject to the Licence.
7.2 The Space User’s right to use the Space will be subject to the terms and conditions contained in the Licence and any Space Rules, provided that such Space Rules do not conflict with the Licence or these Terms. In the event of a conflict or inconsistency between the Terms, Licence and/or Space Rules, the following priority shall be applied:
1. these Terms;
2. the Licence;
3. Space Rules.
7.3 You acknowledge and agree that:
7.3.1 we are not a party to the Licence or any other agreement between the Space Holder and Space User and, subject to Clause 18, we exclude all liability related to the Licence or any other agreement;
7.3.2 you, not us, will be responsible for performing any obligations under the Licence or any other agreement between Space Holder and Space User; and
7.3.3 we do not act as a real estate agent, broker or insurer and do not offer real estate agency, brokerage or insurance services.
7.4 We accept no liability for the validity, effect or terms of the Licence. If you are unsure of the legal position you should take your own legal advice.
8 PAYMENT TERMS
8.1 Bookings made by Space Users which are subject to a Booking Fee are subject to the payment terms contained in Clauses 8-10, which may be updated by us from time to time.
8.2 We reserve the right to change the fees payable for use of the Services or include additional fees at our sole discretion upon reasonable notice to you.
8.3 We have no control over any fees that may be charged by your bank in relation to any payments made using the Site and exclude all liability in this regard.
8.4 We may use a Third Party Payment Processor to process any payments made using the Site.
8.5 We are not responsible for any failures, delays or errors by a third party payment processor in processing any payments and exclude any and all liability in this regard.
8.6 If you are a Space Holder, you must stipulate any applicable Booking Fee for the Space when you create your Listing. The Booking Fee is a one-off fee payable for the Licence Period.
8.7 The Booking Fee should include the Space Holder’s anticipated costs including the Commission.
9 PAYMENT TERMS FOR SPACE USERS
9.1 In order to pay any applicable Booking Fee and Deposit a Space User should click the “Continue and Pay” button on the page confirming your Booking on the Site. You will be taken to a secure external page where you will be required to fill in your payment details. Your payment will be processed by a Third Party Payment Processor.
9.2 If you are a Space User, you:
9.2.1 must pay any applicable Booking Fee and Deposit within 24 hours] in order to secure your Booking, unless a longer period has been specified in the Space Rules;
9.2.2 hereby authorise us to collect the any applicable Booking Fee and Deposit from you and remit the Net Booking Fee to the Space Holder on your behalf;
9.2.3 must make payment of any applicable Booking Fee and Deposit through the Site or any other method specified by us and must not make payment directly to the Space Holder, Owner or other third party.
9.3 Once you have paid the applicable Booking Fee through the Site, you have fulfilled your obligation to pay the Booking Fee to the Space Holder and we are responsible for remitting the Net Booking Fee to the Space Holder. If you have made payment of all amounts due in relation to a Booking and have received confirmation us or the Third Party Payment Processor, the Space Holder will have recourse against us for such payment, not you.
9.4 If you dispute any payment taken by us or a Third Party Payment Processor you must contact us within 45 days of such payment by sending an email to email@example.com. We will determine in our sole discretion whether to issue you a refund of any amounts. If you fail to contact us within 45 days, you will be ineligible for a refund.
10 PAYMENT TERMS FOR SPACE HOLDERS
10.1 In consideration for the use of the Services by a Space Holder, we retain a non-refundable Commission of 10% from each Booking Fee paid by a Space User.
10.2 If you are a Space Holder, you:
10.2.1 hereby appoint and authorise us to collect the Booking Fee and remit the Net Booking Fee to you; and
10.2.2 must provide us with your account details for payment of the Net Booking Fee.
10.3 We will remit the Net Booking Fee to you via bank transfer within 7 days of the commencement of the Licence Period. If the Booking has been cancelled, we will remit the applicable proportion of the Net Licence Fee in accordance with the cancellation provisions in Clause 12.
11.1 A Space Holder may stipulate that a Space User must pay a Deposit in order to make a Booking.
11.2 If a Deposit is payable, the Space User must make payment of the Deposit at the same time as the Booking Fee.
11.3 At the end of the Licence Period, we will return the Deposit to the Space User within 14 days unless we receive notification from the Space Holder within 14 days that the Space Holder believes that it is entitled to receive payment of the Deposit or any part of it due to damage caused to the Space in accordance with Clause 14.1.3. Upon such notification, we will contact the Space User. If the Space User agrees that the Deposit should be paid to the Space Holder, or does not respond within 14 days, we will pay the Deposit to the Space Holder by bank transfer within 7 days.
11.4 If the Space User does not agree that the Deposit is payable to the Space Holder, that dispute should be determined in accordance with the dispute resolution procedure in the Licence. We shall retain the Deposit until we receive notification from the Space User and Space Holder that the dispute has been resolved in accordance with the Licence and that the Deposit should be paid either to the Space Holder or Space User.
11.5 We accept no responsibility in relation to the resolution of disputes between the Space Holder and Space User.
12 CANCELLATION OF A BOOKING
12.1 If a Space Holder cancels a Booking before the Licence Period begins, we will refund the applicable Booking Fee and Deposit to the Space User within 14 days.
12.2 A Space Holder must stipulate the Cancellation Policy applicable to the Booking.
12.3 If a Space User cancels a Booking, we will refund the Booking Fee to the Space User in accordance with the relevant Cancellation Policy.
12.4 Space Users must notify us through the Site if they wish to cancel a Booking.
12.5 Space Holders must contact us by email (firstname.lastname@example.org) or telephone (020 3653 0570) if they wish to cancel a Booking.
13 EXPIRY OF THE LICENCE PERIOD
13.1 Space Users are required to vacate the Space on the date the Licence Period ends.
13.2 If you are a Space User and you fail to vacate the Space on the date the Licence Period ends we will pay any applicable Deposit to the Space Holder.
14 DAMAGE TO SPACE
14.1 If you are a Space User:
14.1.1 you acknowledge and agree that you are responsible for your own acts and omissions as well as those of your Occupants, invitees or other individuals to whom you provide access to the Space;
14.1.2 you must leave the Space in the condition it was in when you arrived;
14.1.3 if you fail to leave the Space in the condition it was when you arrived or damage is caused to the Space or Property by you or any of the individuals specified in Clause 14.1.1, you will pay for any cleaning, repairs or replacement required to put the Space in the condition it was before your arrived or rectify any damage and you agree that the Deposit may be paid to the Space Holder to cover such costs.
14.2 If you are a Space Holder:
14.2.1 you acknowledge and agree that you are responsible for your own acts and omissions as well as those of your employees, independent contractors, agents, invitees or other individuals to whom you provide access to the Space or Property;
14.2.2 if you or any of the individuals specified in Clause 14.2.1 damage any personal property owned by a Space User or its Occupants or invitees, you will pay for any cleaning, repairs or replacement of such property.
14.3 We have no responsibility of liability for damage caused by Space Users, Space Holders or any other individuals specified in Clauses 14.1.1 or 14.2.1.
15.1 You acknowledge and agree that we do not act as an insurer or an agent of any type.
15.2 If you are a Space Holder, we recommend that you obtain appropriate insurance for the Space from a reputable insurance provider.
15.3 If you are a Space User, we recommend that you obtain insurance for your personal property, general liability insurance and any other appropriate insurance from a reputable insurance provider.
15.4 You should carefully review any insurance policy that you already have or that you obtain and understand the terms of such policies, to make sure that it covers the intended use and to make sure that understand all the important terms including any exclusions, limits, notice requirements and whether such policy covers the acts or omissions of any third parties.
16 OWNERSHIP AND USE OF CONTENT
16.1 We own the Site and the Intellectual Property Rights in any material on the Site created by us.
16.2 You warrant that you own the Intellectual Property Rights in any content provided by you that we include in your Listing (including text, photographs and any other material).
16.3 You grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable licence to use, copy, publish, distribute and process content provided by you in the Listing on the Site.
17 WEBSITE ACCEPTABLE USE POLICY
17.1 By using the Site (whether or not you use the Services), you agree to be bound by this acceptable use policy.
17.2 You agree that you will not:
17.2.1 use the Site for any unlawful purpose;
17.2.2 use the Site to promote unsolicited advertising or send spam or junk mail;
17.2.3 use the Site to distribute viruses, malware or other harmful software code or files;
17.2.4 use the Site to simulate communications from us or from another service or entity in order to collect information (‘phishing’);
17.2.5 use the Site in any manner that disrupts the operation of the Site;
17.2.6 use the Site to gain unauthorised access to or use any third party computers, data, systems, accounts or networks;
17.2.7 attempt to circumvent any password or user authentication methods;
17.2.8 use any robot, spider, scraper, crawler or other automated or manual software to access, monitor or copy any content or information from the Site; or
17.2.9 ‘frame’, ‘mirror’ or incorporate any part of the Site into any other website.
17.3 You agree that you will not post content on the Site which:
17.3.1 infringes the Intellectual Property Rights of any person;
17.3.2 is defamatory, harassing, invasive of privacy, abusive, threatening, offensive, obscene, sexually explicit or discriminatory; or
17.3.3 is inaccurate.
17.4 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law or regulation.
18 ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
18.1 Whist we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
18.2 Any material or information provided by us is for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
19 EXCLUSION AND LIMITATION OF LIABILITY
19.1 Nothing in these terms shall exclude or limit our liability for death or personal injury caused by negligence, fraudulent misrepresentation or for any liability we cannot exclude by law.
19.2 Subject to Clause 19.1, we expressly exclude any liability to you for any indirect, special or consequential loss or damage or for any loss of income, profits, reputation, opportunities, distress or data related to your use of the Services.
19.3 This exclusion of liability applies to claims in contract, tort or otherwise and even if we have been advised of the possibility of such losses or damages.
19.4 Except in relation to:
19.4.1 our obligations to pay the Net Booking Fee to Space Holders in accordance with these Terms;
19.4.2 our failure to provide the Services with reasonable skill and care and within a reasonable time, if you are using our Services as a consumer;
in no event shall our aggregate liability arising out of or in connection with these Terms, your use of the Services, your Listing or Booking of any Space via the Site or from your use or inability to use the Services or Site exceed:
19.4.3 if you are a Space User, the amounts you have paid for Bookings of Space via the site in the one month period prior to the event giving rise to the liability; or
19.4.4 if you are a Space Holder, the amounts paid by us to you in the one month period prior to the event giving rise to the liability,
or, if no such payments have been made, £100.
20 EVENTS BEYOND OUR CONTROL
20.1 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
21.1 You will indemnify us and keep us fully indemnified against any and all costs (including legal costs), claims, proceedings, liabilities or expenses which we may incur arising from any breach by you of these Terms or any documents referred to in these Terms.
22.1 If you want to contact us please use the following details:
22.1.1 Email: email@example.com; or
22.1.2 Post: somewhereto_, Livity Limited, Unit 11 Piano House, 9 Brighton Terrace, London SW9 8DJ.
23 COMPLAINTS AND DISPUTE RESOLUTION
23.1 Any complaints about the Service should be made to us in writing using the contact details in Clause 22.1.
23.2 We will consider your complaint and respond within 28 days.
23.3 If you are a consumer (i.e. not acting in the course of your business), you can also make a complaint using the Online Dispute Resolution Platform.
24 GENERAL TERMS
24.1 Nothing in these Terms is intended to or shall be deemed to establish any partnership or joint venture between any of the parties or authorise any party to make or enter into any commitments for the benefit of any other party.
24.2 No one other than a party to these Terms has any right to enforce any of these Terms.
24.3 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
24.4 If we fail to enforce a term or exercise a right under these Terms at any time or for any period, this shall not be construed as a waiver of any such term or right.
24.5 These Terms are governed by the laws of England and Wales and the parties irrevocably submit to the jurisdiction of the Courts of England and Wales in relation to any claim or matter arising under or in connection with these Terms.