Terms and Conditions
Last Updated: 15th October 2018
Welcome to our Site!
Vennstance provides an online platform to connect individuals and companies who have spaces and venues to rent ("Hosts") with guests seeking to rent such spaces and venues ("Guests") including any Hosts Services, Additional Services or use of the Ask a Venue Expert Service (collectively, the "Services"). The Services are accessible at www.Vennstance.com and any other website through which from time to time Vennstance may make the Services available (collectively, the "Site"). Only registered users ("Members") will be permitted to undertake transactions using the Site. By using the Site and/or Services you agree to comply with and be legally bound by these Terms and Conditions of Service ("Terms"), even if you do not become a Member.
These Terms govern your access to and use of the Site, the Services and all Collective Content (defined below) and constitute a binding legal agreement between Vennstance and you. Please also read carefully the Fee Structure and Invoicing, Review Policy, Guest Refund Policy, Cancellation Policy and Reward and Referral Policy which are incorporated into this document ("Policies") and our Privacy Notice which explains how we deal with your personal data.
Any information in our Help Centre to help Members make best use of our Site, for example be a Welcoming Host and/or a Hospitable Guest are provided for information purposes only and do not form part of these Terms and we do not take any responsibility for the consequences of anyone following our guides.
By becoming a Member and then accessing any information from the Site and/or Services and/or proceeding to engage with a Host or a Guest via the Site or registering a Listing you are deemed to have read all Terms and Policies and you agree to be bound by them.
Vennstance is a trading name of Meet Your Ltd, Company Registration Number 10535686 and registered address: 5 Kew Road, Richmond, TW9 2QR hereinafter referred to as "Vennstance", "we", "us", or "our").
We use defined terms throughout the Site and these Terms and Conditions. Please read carefully the following definitions:
"Additional Services" means any additional Services such as, but not limited to, AV equipment, catering and entertainment that Vennstance provides to Guests via Host Services or via third party suppliers as part of a Booking or Bespoke Package Booking whether the Booking is made via the Site and/or Services.
“Applicable Laws” means the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law;
"Ask a Venue Expert Service" means services offered to Members by Vennstance staff in order to facilitate the booking of a Space whether that booking is made via the Site or not including but not limited to suggestions and introductions to venues and suppliers.
"Authorised User" means an individual Member who is an employee or representative of a Vennstance Business Customer.
"Bespoke Package" means any Booking that includes Additional Services or Host Services.
"Bespoke Package Booking" means a Booking that is made via the Site and/or Services using a Bespoke Package.
"Booking" means the agreement between a Host and a Guest made via the Site and/or Services for the hire of a Space and any associated Host Services and/or Additional Services for the Hire Period.
"Bookings" means the combination of more than one Booking and/or one Bespoke Package Booking.
"Booking Dashboard" Vennstance's proprietary software made available to Vennstance Customers only, allowing Vennstance Customers to view and access data about all Bookings made through their Vennstance Account.
"Booking Request" means an offer by a Guest to rent a Space or Venue and/or Additional Services or Host Services submitted via the Site.
"Booking Request Period" means time period starting from the time when a booking is requested by a Guest (as determined by Vennstance in its sole discretion), within which a Host may decide whether to confirm or reject that Booking Request, as stated on the Site or provided by the Services.
"Cancellation Policy" means the cancellation policies published by Vennstance which form a term of this Agreement and which shall apply to all Listings, Hosts and Guests.
"Collective Content" means Member Content and Vennstance Content.
"Confidential Information" means any information which comes into the possession or control of a party or any of its personnel or agents as a result of a Booking, Bespoke Package Booking or relating to Vennstance's or a Member's directors, officers and employees, budgets, prices, order book, accounts, finances, parent and subsidiary companies, and any similar information in relation to Vennstance's or the Member's clients and any other information relating to Vennstance, the Member or its clients which is commercially sensitive.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Data Protection Legislation" the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
"Damage Deposit" means a sum required by a Host to be held against potential damage to a Space.
“Domestic UK Law” means the UK Data Protection Legislation and any other law that applies in the UK.
"Guest" means a Member who requests to book a Host Space and/or Additional Services via the Site or Services.
"Hire Period" means the duration for which a Host's Space has been rented out by a Guest as set out in the Booking or Bespoke Package Booking.
"Host" means a Member who creates a Listing via the Site and Services.
"Host Fees" means the fee that Vennstance charges a Host for Bookings and Bespoke Package Bookings made via the Site and/or Services. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a Booking Request from a prospective Guest via the Site and will be communicated to the Guest when a Booking Request is made via the Services. Host Fees are currently set at a minimum of 10% but may change from time to time as set out in our Fee Structure.
"Host Services" means any related services including catering, design, delivery or other services which the Host agrees to provide to a Guest during the Hire Period.
"Host Special Promotion" means an offer from a Host for a special price or discount on a product or service or event which is promoted to the Member via the Site or Services.
"Listing" means a Space that is listed by a Host as available for rental via the Site and/or Services.
"Member" means an individual or an organisation who completes Vennstance's account registration process and has agreed to be bound by these Terms and Policies.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
"Member Reward Scheme" means any Members reward scheme which may be introduced by Vennstance from time to time.
"Processing Fees" means the processing fee that Vennstance charges a Guest for using the Site and Services. The Processing Fees will be displayed and/or communicated to the Guest when the Guest is asked whether it wishes to send a Booking Request to a Host. Processing Fees may change from time to time as set out in our Fees Policy.
"Service Fees" means collectively the Processing Fees and the Host Fees.
"Space Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's use of a Host's Space and any Host Services and/or Additional Services the Host has stipulated as part of the Booking or Bespoke Package Booking. The Host alone, and not Vennstance, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Vennstance platform, or (ii) taxes that the Host determines that they have to collect which must be clearly displayed prior to a Booking Request being made including whether for example VAT is included or not. If a Tax is not displayed as a separate entry then it will be deemed to be included in the displayed price.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, fees (such as convention centre fees) that may be required by law to be collected and remitted to governmental agencies, and other taxes.
"Total Fees" means collectively the Space Fees and the Processing Fees (plus any Taxes in respect of Space Fees, such as VAT).
"UK Data Protection Legislation" any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation.
"Vennstance Account" means an account created on the Site that is required in order to become a Member and book a Space or create a Listing.
"Vennstance Business Account" an account linked to a Member's organisation permitting that Member’s Authorised Users to access and book on the same account, subject to the Vennstance Business Terms and Conditions found in Part C, and which gives access to Vennstance's proprietary Booking Dashboard.
"Vennstance Business Booking" means a booking or Bespoke Package Booking whereby the Guest making the Booking is a Vennstance Business Customer.
"Vennstance Business Customer" a Member who has been invited to create a Vennstance Business Account including their Authorised Users.
"Vennstance Business Terms" means the specific terms and conditions applicable where a Booking Request is made by a Vennstance Business Customer.
"Vennstance Content" means all Content that Vennstance makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
Part A: General Terms and Conditions
The Site and Services comprise an online platform through which Hosts may create Listings for their Space and Guests may learn about and contract to use the Space directly with the Host using the platform.
The Site and Services can be used to facilitate the searching, listing, booking and payment for business spaces and venues ("Spaces"). Such Spaces are included in Listings on the Site by Hosts. You may view Listings as an unregistered visitor to the Site, however, if you wish to book a Space or create a Listing, you must first register to create a Vennstance Account and become a Member.
Eligibility to use the Site and Services
The Site and Services are intended for business use only and as such only persons who are 18 or older and/or are Corporations, Government agencies, charitable institutions, partnerships, companies and sole traders will be permitted to become Members and undertake transactions as Guests or Hosts on the Site. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to access certain features of the Site and to book a Space or create a Listing, you must register to create a Vennstance Account" and become a Member. You will need to provide your name, email and a password to register. You may register to join the Services directly via the Site or as described in this section.
We will create your Vennstance Account and your Vennstance Account profile page for your use of the Site based upon the information you provide to us. You may not have more than one (1) active Vennstance Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Vennstance reserves the right to suspend or terminate your Vennstance Account and your access to the Site and Services if you create more than one (1) Vennstance Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Vennstance Account, whether or not you have authorised such activities or actions. You will immediately notify Vennstance if you become aware of any unauthorised use of your Vennstance Account.
If you register your company or other legal entity as a Member, you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Collective Content.
By creating and registering an Account, you represent and warrant that your use of the Site and our Services shall at all times be in compliance with these Terms and Conditions any and all applicable laws and regulations. By failing to do so, we reserve the right to suspend or immediately, delete your account without notice.
You are responsible for your Account and for any activity on your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). You are not permitted to share your Account with other people.
It is important to keep your account password and any device from which you access the Site and Services securely. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Vennstance.
When using our Site and Services, you must comply with any requirements as directed by us. You specifically agree and confirm that:
· You will use and access our Site in accordance with the Terms and Conditions contained herein. Any problem concerning a technical issue regarding your internet service provider is not our responsibility.
· You are solely responsible in assessing the suitability for your needs and verifying the accuracy of any statement made on our Site; and
· You will not to create an Account on behalf of a company without such company’s prior approval or confirmation.
We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
· violate any laws in connection with your use of our Site and Services or otherwise violate or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions and Policies. This includes any local, national and international laws that may apply to you.
· use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape", "crawl", "spider" or collect any information from or otherwise interact with any web pages or other Services contained in the Site, Services or Collective Content;
· use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
· use our Site or Services in a manner that falsely implies an endorsement, partnership or any other sort of affiliation with Vennstance, unless we provide you prior written consent to do that.
· infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
· interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-Services attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
· use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam");
· "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Vennstance Guest or Host;
· conduct any action that may 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 abusive or disruptive behaviour or in any other way violate or infringe anyone else’s rights or otherwise cause harm to anyone.
· offer, as a Host, any Space that you do not yourself own or have permission to rent for commercial or business use or other property (without limiting the foregoing, you will not list Spaces as a Host if you are serving in the capacity of a listing agent for a third party);
· register for more than one Vennstance Account or register for a Vennstance Account on behalf of an individual other than yourself or organisation other than your employer/company you are authorised to represent;
· contact a Host via the Site for any purpose other than asking a question related to a Booking or Bespoke Package Booking, such as a Host's Spaces or Listings;
· contact a Guest via the Site for any purpose other than asking a question related to a Booking , Bespoke Package Booking or such Guest's use of the Site and Services;
· recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Vennstance, without Vennstance's prior written approval;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
· use the Site, Services or Collective Content to find a Host or Guest and then complete a Booking or Bespoke Package Booking of a Space independent of the Site, or Services, in order to circumvent the obligation to pay any Services Fees related to Vennstance's provision of the Services or for any other reasons;
· as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to accept;
· post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) breaches, or encourages any conduct that would breach, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
· use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Vennstance's name, any Vennstance trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Vennstance's express written consent;
· access, tamper with, or use non-public areas of the Site or Services, Vennstance's computer systems, or the technical delivery systems of Vennstance's providers;
· attempt to probe, scan, or test the vulnerability of any Vennstance system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Vennstance or any of Vennstance's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Collective Content; or
· advocate, encourage, or assist any third party in doing any of the foregoing.
Vennstance reserves the right to investigate and prosecute breaches of any of the above to the fullest extent of the law.
Booking Process, Fees/Charges That Apply and Payment Processes
Where a booking is requested for a Space via the Site and/or Services, the Host will be required to either confirm or reject the Booking Request. When a Booking Request is submitted, Vennstance will share with the Host the name of the Guest who has requested the booking; and a link to the Guest's Vennstance Account profile page. When a Host confirms a Booking Request from a Guest, Vennstance will send the relevant Members an email confirming the Booking or Bespoke Package Booking depending on the selections made via the Site and/or Services. Vennstance shall be entitled to issue the Host an invoice in respect of the Host Fees. Once the Host has confirmed a Booking via the Site and/or Services, a binding contract for the Booking is formed between the Host and the Guest.
Vennstance will send each of the Guest and Host an email confirming the Booking or Bespoke Package Booking. Vennstance will include its invoice to the Host via the Site in respect of the Host Fees in the same email. The following payment due dates will apply:
· if the applicable Hire Period commences within thirty (30) days of Booking Request confirmation, the Total Fees plus applicable Damage Deposit are payable to Vennstance immediately upon receipt of Booking Request confirmation.
· if the applicable Hire Period commences post thirty (30) days of Booking Request confirmation, the Total Fees plus applicable Damage Deposit are payable to Vennstance within thirty days of Booking Request confirmation
· in any event no later than 48 hours prior to the start of the Hire Period.
For Booking Request confirmations sent by email, the date of receipt will be deemed the date on which such notice is transmitted. When a Guest has selected to pay by credit or debit card, the total Fees plus applicable Damage Deposit are payable to Vennstance immediately upon receipt of Booking Request confirmation irrespective of the date of the event.
The Guest is required to pay in full the Total Fees plus any applicable Damage Deposit or Processing Fees to Vennstance . The Host is required to pay the applicable Host Fees to Vennstance as set out in the Booking. Vennstance will take full payment from the Guest of the Total Fees and any Damage Deposit by way of credit or debit card payments. via Vennstance’s payment processor, Stripe, which allows and assists our Site to deliver, hold, or receive payments. In the case of Vennstance Business Account Authorised Users, such Authorised Users may alternatively choose to make payment of the Total Fees and any Damage Deposit via invoice ("Payment by Invoice"). In this case the payment terms as outlined in Part C will apply.
All payments are held on trust by Vennstance for the relevant Member. Vennstance only uses the money held on trust to facilitate the relevant Member's obligations under the Booking or Bespoke Package Booking entered into with the other Member and to pay amounts payable to Vennstance as set out in these Terms. Please note that Vennstance cannot control any fees that may be charged to a Member by his or her bank related to Vennstance's collection and payment of the Total Fees and Vennstance disclaims all liability in this regard.
Once Vennstance has received payment from the Guest, Vennstance will make payment of the Space Fees (less Vennstance's Host Fees, and any Taxes in respect of the Host Fees, such as VAT) and Damage Deposit where applicable to the Host. If the Space Fees are received by Vennstance from the Guest via more than one payment installment, Vennstance will deduct the total Host Fees (calculated on the aggregate Space Fees and/or Host Services) and any Taxes in respect of the total Host Fees, such as VAT from the initial payment before making payment of the Space Fees to the Host. All payments received from the Guest will be made to the Host via Vennstance's next payment run, irrespective of the completion of the Hire Period. The time it takes for the Host to receive payment may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on behalf of the Host.
Balances will be remitted by Vennstance to Hosts via direct deposit in Pound Sterling. Please note that Vennstance may impose or deduct foreign currency processing costs on or from any payments or payouts by Vennstance in currencies other than Pound Sterling. More information on any such costs or deductions will be available via the Site.
Vennstance reserves the right to change, alter or amend the Host and Processing Fees it charges to Hosts and Guests upon reasonable notice. New fee rates will not apply to existing Bookings which are yet to be performed but will apply to all new Bookings after the date that the fees are introduced, altered or amended.
Where Vennstance is owed money by a Host as part of Host Fees or for advertising including 3D and 2D photography (Advertising Services) it has the legal and enforceable right to set this off against any Spaces Fees it may owe to a Host.
Appointment of Vennstance as a Payment Agent
Each Host hereby appoints Vennstance as the Host's Payment Agent solely for the purpose of accepting the Space Fees from Guests whether a Booking or Bespoke Package Booking and/or Services is made via the Site.
Each Member agrees that payment made by a Guest through Vennstance shall be considered the same as a payment made directly to the Host, and the Host will make the Space available to the Guest in the agreed-upon manner as if the Host has received the Space Fees. Each Host agrees that Vennstance may (i) permit the Guest to cancel the Booking and/or Bespoke Package Booking and (ii) refund to the Guest that portion of the Space Fees specified in the applicable Cancellation Policy. Each Member understands that as Vennstance accepts payments from Guests as the Host's Payment Agent, Vennstance's obligation to pay the Host is subject to and conditional upon successful receipt of payment from a Guest. Vennstance does not guarantee payments to Hosts for amounts that have not been successfully received by Vennstance from Guests. In accepting appointment as the authorised Payment Agent of the Host for payment services only, Vennstance assumes no liability for any acts or omissions of the Host or Guest.
Payment Processing Errors
Vennstance will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
All Bookings made by a Guest via the Site and/or Services who is not a Vennstance Business Customer are subject to the payment terms set out in these Terms irrespective of any terms and conditions a Guest has agreed to with a Host as part of a Booking or a Bespoke Package Booking.
You acknowledge and agree that a substantial portion of the compensation we receive is collected through the Service Fees applied when using our Site and/or Services. Therefore, from the time a booking is made via our Site and/or use of our Services, you must use Vennstance as your exclusive method to request, make, and receive all payments for the Booking.
If a Host receives an enquiry from or is contacted by a potential Guest via the Site and/or Services to book a Space and the Guest proceeds to book that Space with the Host but does not do so via the Site and/or Services then Vennstance reserves the right to charge the Host the same Host Fees plus an additional 5% as if that Booking or Bespoke Package Booking had been made via the Site and/or Services and the Guest a fee of up to 15% of the Space Fees. Vennstance may issue a Host Fees invoice the day after the Booking or Bespoke Package Booking has been made payable within 7 days.
If a Host receives a Booking from a Guest via the Site and/or Services or as a result of that Guest having found the Host via the Site and/or Services and then receives further Bookings from that Guest via other means outside the Site and/or Services then Vennstance reserves the right to charge the Host the same Host Fees plus an additional 5% as if those further Bookings had been made via the Site and/or Services [and to charge the Guest a fee of up to 15% of the Space Fees for subsequent Bookings]. In such instance payment of the Space Fees and Vennstance’s Host and Processing Fees will apply. Vennstance may issue a Host Fees invoice the day after the Booking or Bespoke Package Booking has been made payable within 7 days.
In the event of the Host and Guest being obliged to make payment for a Booking per our Terms and Conditions, the Host agrees to pay Vennstance the applicable Host Fees and the Guest agrees to pay Vennstance the applicable Processing Fees in full (plus VAT if applicable) within 7 days of the Booking or Bespoke Package Booking being confirmed.
Vennstance may from time to time introduce a Members Reward Scheme to reward loyalty to Guests who make Bookings through the Site. Vennstance will require any Member who wishes to benefit from the Members Reward Scheme to confirm that in doing so the Member has complied with the terms of any Bribery Act Policy operated by the Guest`s employer. Vennstance reserves the right to withhold any right to Membership or to the redemption of any reward scheme pending proof that the Guest has complied with any such Bribery Act Policy.
Guest/Host Relationship and Your Relationship with Vennstance
In addition to your agreement with Vennstance to use the Site and Services (explained in these Terms) you are also entering into a separate agreement between Guest and Host when you make a Booking Request and hire a Space, the terms of which are set out in more detail in Part B of these terms. Vennstance is not an owner or operator of properties, venues or Spaces. Vennstance acts only in the limited role as payment collection agent handling payments from Guests on behalf of Hosts ("Payment Agent"). Therefore, Vennstance's responsibilities are limited to facilitating the availability of the Site and Services and acting as Payment Agent on behalf of the Host.
You understand and agree that unless specifically agreed in writing by Vennstance, Vennstance is not a party to any agreement that may be entered into between a Guest and a Host and that Vennstance has no control over the conduct of, and specifically disclaims all and any liability for the Guests, Hosts and other users of the Site, Services or Space to the maximum extent permitted by Law.
We shall have no liability should an issue arise between Guests and Hosts in relation to a Booking. Any issue or dispute related to any Booking shall be resolved on the terms of the agreement between Guest and Host when you make a Booking Request and hire a Space as set out in more detail in Part B of these terms. We are not a party to the dealings between Guests and Hosts in relation to the Booking or the Booking Request. In addition:
· We does not introduce any Host to a Guest or vice versa;
· Both Guests and Hosts engage with each other for a Booking Request and a Booking on their own sole risk. We shall in no way be responsible for any issue whatsoever. Please read our Warranty Disclaimer and Limitation of Liability carefully.
· We make our Site and Services available to enable Members identify and determine the suitability of other Members for themselves. We do not control, supervise or direct in any way any Members’ actions.
· We do not provide any Guest with training or any equipment, labor, or materials needed for listing a particular space.
· We do not list; nor we provide the Spaces listed on our Site.
· We make no representations about, and do not guarantee the quality, safety, or legality of, any Space; the actions of any Members, whether acting as a Host or a Guest and any risk associated with them; the truth or accuracy of any statement in our Site and/or Service and information as posted on our Site; the qualifications, background, or identities of Members; or the suitability of any Space listed on our Site and/or Services.
As such, we have no control over and we do not guarantee:
· the existence, quality, safety, suitability, or legality of any Spaces or any Members’ qualifications or suitability for each Space or the likeliness of any risk of harm and/or injury when making a Booking Request for a Space; or
· the truth or accuracy of any statements related to a Space listed on our Site, including descriptions, content or representations; or
· the performance or conduct or quality of performance of any Member in relation to a Booking or a Booking Request, irrespective of whether such Member acts as a Guest or a Host.
All bookings for a Space are made directly between the Host and the Guest and at the Host's and Guest's own risk. Vennstance cannot and does not control the content of any Listing and does not control the condition, legality and suitability of any Space. All use of the Space is at the risk of the Guest who should ensure that all insurances for the use of the Space are in place. Vennstance specifically disclaims all and any liability over the condition of any Space to the maximum extent permitted by Law.
Certain areas of the Site and the Services or Collective Content may require you to agree with and accept additional terms and conditions. If there is a conflict between any additional terms and conditions and these Terms, then these Terms will take precedence between Vennstance and a Member and govern your use of or access to that area of the Site, Services, or Collective Content.
Vennstance does not endorse any Member or any Space. You understand that any Vennstance Content (including 2D and 3D photography) is intended only to indicate a photographic representation of the Space at the time the photography was taken. They are not an endorsement by Vennstance of any Member or any Space. Members are required by these Terms to provide accurate information, and although Vennstance may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process. Any such description is not an endorsement, certification or guarantee by Vennstance about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We recommend that the Host always exercise their own due diligence and care when deciding whether to accept a Booking Request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm (material or otherwise) resulting from your interactions with other Members.
Listing your Space and Acting as a Host
As a Member, you may create Listings for your Space. To create a Listing, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Space, additional terms, pricing, related rules and financial terms including any additional Taxes not included in your pricing. In order to be featured in Listings via the Site, all Spaces must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Space via the Site and Services based upon the information provided in your Listing. Once a Booking Request is made for your space, you will be considered a Host, while the member making the Booking Request will be regarded as a Guest. You understand and agree that once a Guest sends a Booking Request for your Space, you may not alter the pricing shown on your Listing until such time as you have either accepted or rejected their request, as their Booking Request constitutes their offer to rent the Space which Hosts may accept or reject.
As a Host, you acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's use of, a Space in a Listing you post will comply with the following:
· The Listing will not breach any agreements you have entered into with any third parties, such as property owners, property managers, lessors or landlords;
· The Listing will be in compliance with all applicable laws, rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations); and
· The Listing will not conflict with the rights of third parties.
Please note that Vennstance assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
Vennstance reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
The quality of the photographs and 3D photography used to display a Space on a Listing are of paramount importance to Vennstance and so it reserves the right to remove or request the removal of any photographs or to request new photographs at any time. Vennstance may offer Hosts the option of using a Vennstance approved photographer to take photographs including 3D Photography of their Spaces. If you as a Host choose to have a Vennstance approved photographer, any photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Vennstance Photo" or similar wording. All images, materials and content created by Vennstance approved photographers constitute Vennstance Content, regardless of whether you include them in your Listing.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to submit a Booking Request. Any Member wishing to book Spaces included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "My Account" section of the Site and Services[SR1] .[NA2]
As a Host, you understand and agree that Vennstance does not act as an insurer or as your contracting agent. If a Guest submits a Booking Request and uses your Space, any agreement you enter into with such Guest is between you and the Guest and Vennstance is not a party to that agreement except as the Host's Payment Agent.
Whilst Vennstance makes certain tools available to a Host to help them make informed decisions about which Members you choose to confirm a booking with, you acknowledge and agree that Vennstance has no liability in relation to the decision to enter into an agreement with a Guest or the subsequent conduct of that Guest or the other users of the Space invited by the Guest. Further the Host is responsible for its own acts and omissions and remains responsible for the acts and omissions of any individuals who use or are otherwise present at the Space at your request, invitation or with your agreement.
Vennstance recommends that Hosts obtain appropriate insurance for their Spaces. Please review any insurance policy that you may have for your Space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply to such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Space, if applicable) while at your Space.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. A Host must clearly identify all additional taxes which are payable by a Guest at the time of a Booking Request otherwise such taxes will be deemed to be included in the Space Fee.
If as a Host you are registered for VAT, it is your responsibility to provide us with your VAT number. It is also your responsibility to tell us whether VAT is chargeable on the hire of your space if you are registered for VAT. These will be based on the information provided by you and on record at the point in time that the invoice is raised. Vennstance cannot be held responsible for any incorrect VAT arising from the information provided by you as a Member. If you are unsure of your VAT status or whether you should be charging VAT on your Space you should take professional advice. Vennstance cannot and does not offer tax-related advice to any Members.
You understand and agree that your relationship with you as a Host in relation to posting a Listing is that of a self-employed individual; and you therefore acknowledge that you are neither an employee of Vennstance nor a worker of Vennstance within the meaning of any employment rights legislation. You further warrant that neither you nor anyone acting on your behalf will present any claim in the Employment Tribunal or any civil court in which it is contended that you are either an employee or a worker of Vennstance, or that a Space posted on your Listing was signified to be created by Vennstance on any Member’s behalf or that we facilitate and endorse any Space or Listing whatsoever. Nothing stated in these Terms and Conditions shall make you an agent of Vennstance and you shall not have any right or power to enter into contracts on behalf of Vennstance with third parties or represent yourself an agent of Vennstance in relation to a Booking or other use of Vennstance or otherwise. Unless specifically authorised to do so by Vennstance, you shall not have any authority to incur any expenditure in the name of Vennstance for any Space posted on your Listing whatsoever or for any use of our Site and/or Services. If, despite the above, either you or anyone acting on your behalf (or your substitute or anyone acting on your substitute’s behalf) presents any claim in the Employment Tribunal or any civil court which would not be able to proceed unless it was successfully contended that you (or your substitute) are an employee or a worker within the meaning of any employment rights legislation, you undertake to indemnify and keep indemnified Vennstance against costs (including legal costs) and expenses that it incurs in connection with those proceedings, and you agree that Vennstance may set off any sum owed to you against any damages, compensation, costs or other sum that may be awarded to you in those proceedings.
Hosts may choose to include damage deposits in their Listings in the event a Guest damages the Space ("Damage Deposits"). Each Listing will describe whether a Damage Deposit is required for the Space. If a Damage Deposit is included in a Listing, Vennstance, will, in its capacity as Payment Agent, use its commercially reasonable efforts to either collect an amount equivalent to the Damage Deposit (for Vennstance Business Account users who are paying by invoice) or obtain a pre-authorization of the Guest's credit card in the amount the Host determines for the Damage Deposit within a reasonable time prior to the Guest's use of the Space. Vennstance will also use its commercially reasonable efforts to address Hosts' requests and claims related to Damage Deposits, but Vennstance is not responsible for administering or accepting any claims by Hosts related to Damage Deposits, and disclaims any and all liability in this regard.
You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Vennstance and its licensors; and may in its entirety or in part be protected by copyright, trademark, and/or other laws of United Kingdom and other countries.
All trademarks, Services marks, logos, trade names and any other proprietary designations of Vennstance used herein are trademarks or registered trademarks of Vennstance. Any other trademarks, Services marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You acknowledge and agree that the Collective Content, including all associated intellectual property rights, are the exclusive property of Vennstance and/or its licensors or authorizing third-parties.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Vennstance or Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Vennstance used on or in connection with Vennstance and Collective Content are trademarks or registered trademarks of Vennstance in United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Vennstance and/or Collective Content are used for identification purposes only and may be the property of their respective owners. All such rights are reserved.
You must not use any part of Vennstance for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website or mobile app) any aspect of Vennstance (including content, images, designs, look and feel) without our prior written consent. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Vennstance or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vennstance or its licensors, except for the licenses and rights expressly granted in these Terms.
We hereby grant you a limited license to access and, if you have created an Account, use Vennstance. You must not access (or attempt to access) Vennstance by any means other than the interface provided, and you will not use information from Vennstance for any purposes other than the purposes for which it was made available. You must not reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of Vennstance for any purpose without our permission. You must further not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of Vennstance. You will not access Vennstance in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to Vennstance.
If, in our opinion, you are in breach of these provisions, your right to use Vennstance will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Vennstance a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Vennstance does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that:
· you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licences, consents and releases that are necessary to grant to Vennstance the rights in such Member Content, as contemplated under these Terms; and
· neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Vennstance's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the breach of any applicable law or regulation.
Vennstance respects the intellectual property rights of others and expects its users to do the same. It is Vennstance's policy to terminate in appropriate circumstances the Vennstance Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If content that you own or have rights to has been posted to Vennstance without your permission and you want it removed, please contact us at the email below. If Your Member Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third-party claims that any material posted or uploaded by you violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
You will not post, upload, publish, submit or transmit any Member Content that:
· is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
· is defamatory, libellous, obscene, pornographic, vulgar or offensive;
· promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
· is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances.
Accessing our Site and Services
Our Site and use of Services will require an active internet connection. We cannot take responsibility for our Site not working at full functionality if you do not have access to an active internet connection. By using our Site and Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing our Site and Services, or other third-party charges, including roaming data charges. If you are not the bill payer for the device on which you’re accessing our Site and use our Services, please be aware that we assume that you have received permission from the bill payer for using our Site and Services.
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of our Site. We may restrict the availability of our Site or certain areas or features thereof, 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 Vennstance. We may improve, enhance and modify our Site and Services and introduce new services from time to time.
Vennstance reserves the right, at its sole discretion, to modify the Site and/or Services or to modify these Terms, at any time and without prior notice. Such modifications will not apply to completed Bookings but will apply to all uncompleted Bookings. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification.
When a modification is made which has a material effect on the booking, then for any uncompleted Booking or Bespoke Package Booking the Guest and the Host will receive notification of the modification and the Guest will be given the option of withdrawing their Booking Request. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, and/or Services after we have posted a modification on the Site or have provided you with notice of a modification, you will be deemed to have accepted that you will be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Vennstance is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Vennstance of such websites or resources or the content, products, or services available from such websites or resources.
Suspension, Termination and Vennstance Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Vennstance Account.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
· your Vennstance Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Vennstance Account, your Member Content, or receive assistance from the Vennstance Concierge Service,
· any Booking Requests submitted by you will be immediately cancelled and will not be capable of acceptance by a Host; and
· we may communicate to your Guests or Hosts that your access to Vennstance has been cancelled and provide confirmation that we will no longer act as Payment Agent for future transactions.
We may, in our discretion continue to hold any payments yet to fall due and make payments in accordance with these Terms or we may arrange to formally refund the relevant Members with such amounts including any applicable Damage Deposits. You will not be entitled to any compensation for reservations or Bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Vennstance Account.
You may deactivate your Vennstance Account by notifying Vennstance by email at info@Vennstance.com. Please note that if your Vennstance Account is deactivated, we do not have an obligation to return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Disclaimer and Limitation of Liability
If you choose to use the Site, Services or Collective Content and participate, you do so at your sole risk. You acknowledge and agree that Vennstance does not have an obligation to conduct background checks on any Member, including, but not limited to, Guests and Hosts, but may conduct such background checks in its sole discretion.
We make no representation or warranty or provide any guarantee whatsoever for any of the following:
· the accuracy, or availability of Vennstance;
· the accuracy or the validity of the Collective Content;
· the accuracy or the validity of any statement, advice or message provided by any User using Vennstance;
· any act, omission, opinion, response, advice, suggestion, information and/or service in a field requiring licensure and/or certification, who may be accessed through Vennstance.
· the willingness or ability of any of the Members acting as Hosts to provide their services.
WITHOUT LIMITING THE FOREGOING, VENNSTANCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
The Site, Services and Collective Content are provided "as is", without warranty of any kind, either express or implied.
Information furnished by Vennstance or any other Member is intended for general information purposes only. We hereby disclaim any responsibility for any reliance on such information. In addition, we do not warrant the validity, accuracy, or availability of any information provided and as such, we will not be liable for any damages sustained due to reliance on any such information.
Vennstance gives no warranty that the Site, Services, Collective Content, including, but not limited to, the Listings or any Space, will meet a Guest's requirements or be available on an uninterrupted, secure, or error-free basis. Vennstance gives no warranty regarding the quality of any Listings, Spaces, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, or Services.
No advice or information, whether oral or written, obtained from Vennstance or through the Site or Services or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Hosts or Guests.
You understand that Vennstance does not make any attempt to verify the statements of users of the Site or Services or to review or visit any Spaces. Vennstance gives no warranties as to the conduct of users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Guests and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Vennstance.
You acknowledge that Vennstance has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as further set forth in these Terms. Vennstance reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Vennstance, at its sole discretion, considers to be objectionable for any reason, in breach of these Terms or otherwise harmful to the Site or Services.
Neither Vennstance nor any other party involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, Services interruption, computer damage or system failure or the cost of substitute products or Services, arising out of or in connection with these Terms, from the use of or inability to use the Site, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Services, or from your Listing or Bookings via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Vennstance has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Vennstance's aggregate liability arising out of or in connection with these Terms and your use of the Site and/or Services, exceed: i) the aggregate amounts you have paid or owe for Bookings via the Site and/or Services as a Guest in the three (3) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Vennstance to you in the three (3) month period prior to the event giving rise to the liability, or ii) one hundred Pounds Sterling (£100), if no such payments have been made, as applicable.
Nothing in these Terms shall exclude Vennstance's liability for fraud, fraudulent misrepresentation or death or personal injury caused by Vennstance's negligence.
By using the Site and/or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Vennstance with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Vennstance regarding the remittance of payments received from a Guest by Vennstance on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
You agree to release, defend, indemnify, and hold Vennstance and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your breach of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Bookings, or (iii) creation of a Listing; and (d) the use, condition or rental of a Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Bookings or use of a Space.
Each Member shall retain all records relating to its use of the Vennstance Site for a period of six (6) years. Vennstance shall have the right to audit all books and records of a Member that relate to these Terms, during ordinary business hours on not less than three (3) working days prior notice. The Member will provide reasonable cooperation to Vennstance and its representatives in connection with such audit, including, without limitation, in the case of a Host, making personnel at the Space available to answer any questions Vennstance or its representatives may have.
These Terms of Service, except Part B which governs the relationship between Hosts and Guests and to which Vennstance is not a party, constitute the entire and exclusive understanding and agreement between Vennstance and you regarding the Site, Services, Collective Content, any Bookings or Listings of Spaces made via the Site and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Vennstance and you regarding Bookings or Listings, the Site, Services and Collective Content.
Changes to the Terms
We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by notifying you via our Site, or by sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of our Site and our Services following the changes constitutes your acceptance of the updated Terms.
You may not assign or transfer any part of these Terms, by operation of law or otherwise, without Vennstance's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Vennstance may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
In the event any provision, clause, sentence, phrase, or word in these Terms or their application is held to be invalid or unenforceable such invalidity or unenforceability shall not affect the validity or unenforceability of the remainder of these Terms or the application of any such provision, sentence, clause, phrase or word in any other circumstances.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Vennstance (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
No party shall be liable for any failure to perform or delay in performance of any of its obligations under these Terms caused by circumstances beyond their reasonable control, including but not limited to war, strike, accident, fire or natural catastrophe, provided that that party has used reasonable endeavours to mitigate the effect of such events.
Controlling Law and Jurisdiction
These Terms will be governed by the laws of England and Wales and be enforceable only in a court of competent jurisdiction in England and Wales.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at info@Vennstance.com.
If you have any questions about these Terms please contact Vennstance at info@Vennstance.com
Part B Additional Terms governing the contract between Hosts and Guests
Pursuant to these terms, when a Host accepts a Guest's Booking Request, a binding contract is formed between the Guest and the Host. In addition to each Member's obligations under these Terms, the contract between the Host and the Guest shall be governed by the terms contained in Part B of these Terms, and any other terms which a Host identifies within the Listing and makes available to the Guest. Where the Member is a Vennstance Business Customer, the terms contained in Part C of these Terms shall also apply and in the event of a conflict between the provisions of Part C and Part B of these Terms, Part C shall prevail.
In the event of a conflict in any terms and conditions between a Host and Guest only and the Vennstance Terms, the following order of precedence shall apply:
· any terms provided by a Host which they expressly state in the relevant Booking or Bespoke Package Booking are to prevail;
· the Vennstance Business Terms at Part C (if applicable to the relevant Member);
· these terms in Part B; and
· the remainder of the Terms.
In offering and/or making your Space available to Guests, in addition to agreeing to the Member Conduct provisions set out in our Terms above, as a Host, you represent and warrant that you will at all times:
· ensure that your Space is of a high standard and quality and is kept clean, tidy and safe for the Guests to use;
· comply with these Terms and any other obligations to your Guests, including any claims you make relating to your Space;
· comply with all applicable legislation and recognised industry standards in providing the Space, including fire, safety, building and other codes and regulations;
· have in place and maintain procedures and policies concerning fire safety, and all appropriate safety and security measures at the Space and make available such policies to the Guest, and to Vennstance on request;
· obtain and maintain all insurance that you are legally required to have in place arising in connection with the hire and use of your Space including but not limited to public liability insurance with a reputable provider of no less than £5million (or local equivalent) per event or series of unconnected events, employers' liability insurance in the sum of £10m, professional indemnity insurance in the sum of £1m, which insurance in each case shall be sufficient to cover the Space, Vennstance, the Guest, attendees of any event and, if applicable, the Guest's clients, against any claims arising from any activities conducted in the Space during the Hire Period;
· act in a professional manner and with all reasonable diligence, skill and care;
· act in good faith when dealing with Guests;
· not (by act or omission) do anything that may adversely affect the reputation of the Vennstance brand or the brand of the applicable Guest.
The Host further warrants and undertakes that, where the Host provides Host Services in addition to the hire of the Space:
· The Host and any of its subcontractors and service providers will perform the Host Services with reasonable skill and in accordance with recognised industry practice and standards and in any event, to the reasonable satisfaction of the Guest;
· the Host Services will conform in all material respects with all descriptions and specifications provided to it by Vennstance and will be available to the Guest for the agreed Hire Period;
· the Host Services will be provided in accordance with all applicable legislation from time to time in force and the Host will inform the Guest as soon as it becomes aware of any changes in that legislation to the extent that such change may have a material impact on the Host Services or an event;
· the Host shall be responsible for ensuring that the Guest's use of the Space is free from outside distractions, disturbances and interruptions, including, without limitation, disturbances from other events being held at the same location and in the immediate vicinity of the Guest's event;
· at all times during the Hire Period, the Host shall ensure that the Space shall be in at least materially the same condition as it was on the date of the Booking; and
· the Host will notify the Guest immediately on becoming aware of any event or circumstance that has caused or may cause a delay in the commencement or completion of the Host Services or may affect any matter relating to a Booking and shall remedy at its own cost any part of the Host Services which do not conform to these Terms.
Guest's Obligations and Damage to Spaces
Guests must use the Space in accordance with these Terms and must pay the Space Fees as per the payment terms outlined above for any Booking made via the Vennstance Site and/or Services and any additional amounts agreed in respect of any Host Services as well as any applicable Damage Deposit as outlined in the Booking or Bespoke Package Booking. If Payment is not made in accordance with these payment terms your Booking or Bespoke Package Booking may be at risk.
Each Guest shall act in a reasonable manner and comply with the specific Host requirements identified in the applicable Listing.
Guests shall ensure that they obtain and maintain all appropriate insurances arising in connection with the hire and use of the Space including but not limited to public liability insurance with a reputable provider of no less than £5million (or local equivalent) per event or series of unconnected events, if required.
If a Guest uses a Space in a way that contravenes the Terms then the Host has the right to retain part or all of the Damage Deposit collected from the Guest at the time of the booking in accordance with these Terms.
As a Guest, you are responsible for leaving the Space in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Space. In the event that a Host provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items and authorise the Host or Vennstance acting on behalf of the Host to deduct any damages from the Damage Deposit. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be taken from your Damage Deposit, unless you elect to have the matter referred to mediation with Vennstance. If there is no Damage Deposit then the recovery of damages will be a matter to be determined solely between the Guest and the Host and Vennstance will have no role to play in such determination nor will Vennstance accept any liability.
Where a dispute is referred to Vennstance, Vennstance will use its commercially reasonable efforts to address Members' requests and claims relating to Damage Deposits, but Vennstance is not responsible for administering or accepting any claims by Members relating to Damage Deposits.
If a Host does not provide evidence of damage, including but not limited to photographs within 24 hours of the Hire Period taking place then the Host agrees to enable Vennstance to return the Damage Deposit to the Guest immediately (or return the Damage Deposit directly to the Guest where the Guest has paid the Damage Deposit direct to the Host).
Subject to agreement by the Host, the Guest shall have the right to engage any reputable services provider of its choice to provide services such as, but not limited to, audio-visual equipment and operation, floral, security, photographic, labour, entertainment and other similar services required by the Guest at the Space during the Hire Period. The Host shall not charge a surcharge for use of such outside service providers and shall reasonably cooperate with such outside service providers. The Host will supply supplemental equipment and resources on an as-needed basis, at such rates as the parties may agree in writing.
Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed Booking or Bespoke Package Booking made via the Site and/or Services either prior to or after arriving at the Space or at any time during the Hire Period, the cancellation policy as advertised on the Listing of the Booking or Bespoke Package Booking shall apply ("Listing Cancellation Terms"). The Listing Cancellation Terms will be advertised as Strict, Moderate, or Flexible and the full details will be displayed. Only where a Host has attached to the Listing as part of the Booking or Bespoke Package Booking its own terms and conditions that detail a cancellation policy ("Host Cancellation Terms"), then such Host Cancellation Terms shall apply.
Dependent on the terms of either the applicable Listing Cancellation Terms or Host Cancellation Terms, Vennstance will refund the applicable Space Fees plus Damage Deposit to the Guest within seven days of notification of cancellation, as long as such Space Fees are still held by Vennstance. If Vennstance has already remitted the Space Fees to the Host on behalf of the Guest, then the Host will refund the applicable Space Fees for such Booking to the Guest in accordance with the applicable Listing Cancellation Terms or Host Cancellation Terms. The Guest will receive an email or other communication from Vennstance containing alternative Listings and other related information. If the Guest makes a Booking Request to one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's Booking Request, then the Guest agrees to pay the Total Fees relating to the confirmed Booking for the Space in the alternative Listing, in accordance with these Terms (including Vennstance's Host Fees for the applicable Listing).
If a Host cancels a confirmed Booking or Bespoke Package Booking made via the Site and/or Services either prior to or during the Hire Period and dependent on the terms of either the applicable Listing Cancellation Terms or Host Cancellation Terms, Vennstance will refund the applicable Space Fees plus Damage Deposit to the Guest within seven days of notification of cancellation, as long as such Space Fees are still held by Vennstance. If Vennstance has already remitted the Space Fees to the Host on behalf of the Guest, then the Host will refund the applicable Space Fees for such Booking to the Guest in accordance with the applicable Listing Cancellation Terms or Host Cancellation Terms. The Guest may receive an email or other communication from Vennstance containing alternative Listings and other related information. If the Guest makes a Booking Request to one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's Booking Request, then the Guest agrees to pay the Total Fees relating to the confirmed Booking for the Space in the alternative Listing, in accordance with these Terms (including Vennstance's Host Fees for the applicable Listing).
If a Guest or Host cancel a confirmed Booking or Bespoke Package Booking, Vennstance's Host Fees and Processing Fees are non-refundable regardless of the reason for cancellation or any additional terms and conditions that may have been agreed to between the Guest and Host ("Host Cancellation Terms") as part of the Booking.
If a Host cancels a confirmed Booking or Bespoke Package Booking for any reason other than for non-payment from the Guest, then Vennstance may at its absolute discretion also apply penalties or take the following actions including (i) publishing an automated review on your Listing indicating that a Booking or Bespoke Package Booking was cancelled, (ii) keep the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking or Bespoke Package Booking, or (iii) impose a cancellation fee equal to 25% of the Space Fees (to be withheld from any future payments or invoiced to the Host as a one off penalty charge).
Where a Vennstance Business Customer makes a Booking or a Bespoke Package Booking using Payment by Invoice via the Site and/or Services and a Booking Request confirmation is received, the Listing Cancellation Terms will be "Strict".
Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
The parties agree that where a party or their personnel is processing Personal Data as a Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation) such party shall, in relation to any Personal Data processed in connection with the performance of its obligations under this agreement:
· process that Personal Data only on the written instructions of the Data Controller unless the Data Processor is required by Applicable Laws to otherwise process that Personal Data. Where the Data Processor is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Data Processor shall promptly notify the Data Controller of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Data Processor from so notifying the Data Controller;
· ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
· ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
· assist the Data Controller, at the Data Controller's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
· notify the Data Controller without undue delay on becoming aware of a Personal Data breach;
· at the written direction of the Data Controller, delete or return Personal Data and copies thereof to the Data Controller on termination of the agreement unless required by Applicable Law to store the Personal Data; and
· maintain complete and accurate records and information to demonstrate its compliance with this clause.
Each party agrees that, during and after the Hire Period, it will at all times treat and safeguard as private and confidential all Confidential Information and all trade secrets and financial information relating to Vennstance, the other Member or any of its or their affiliates or clients and that it will not either reproduce, copy or use in any way for any purpose any such Confidential Information except as may be strictly necessary in order to properly perform its obligations under these Terms.
Upon the written request of Vennstance, the receiving Member will immediately return any such Confidential Information which may be in its possession, together with any copies which have been made.
The obligations in this clause shall not apply to any Confidential Information which is in the public domain other than as a result of any breach by the Host of the terms set out in these Terms or to any Confidential Information which is required to be disclosed by law.
Part C – Additional Vennstance Business Terms and Conditions
Vennstance Business Accounts
Members who are invited to set up and subscribe to a Vennstance Business Account will be granted a non-exclusive, right to use the Vennstance Booking Dashboard during the term of their membership of the Site. Vennstance reserves the right to charge Members a subscription fee for use of the Vennstance Booking Dashboard from time to time and its use may be subject to separate terms and conditions from time to time.
Vennstance Business Customers will have the right to invite an agreed number of Authorised Users to register with the Site and to submit Booking Requests. All Booking Requests made by Authorised Users will be recorded and the data made available on the applicable Vennstance Business Customer Booking Dashboard.
In addition to the provisions above, Vennstance Business Customers also have the option of requesting Payment by Invoice rather than using credit/debit card. Vennstance shall issue invoices in respect of the Total Fees and any applicable Damage Deposit to the Vennstance Business Customer as Payment Agent on behalf of the Host in accordance with these Terms.
Invoices shall be payable to Vennstance on receipt if the applicable Hire Period commences within thirty (30) days of the Booking Request. Otherwise invoices are payable within thirty (30) days from the date of invoice and in any event no later than 48 hours prior to the start of the Hire Period. If cleared funds have not been received by Vennstance as per these payment terms then the Host has the right to cancel the Booking without further liability and the Guest agrees that the Total Fees will still be payable.
In the event a Member disputes any invoice payable under these Terms, only the amount in dispute shall be withheld from payment, the Member shall pay the remaining amount, and the withholding of the disputed amount shall not be deemed a breach of these Terms. For the avoidance of doubt, payments made by credit card are processed immediately and in full.
All Vennstance Business Bookings are subject to the payment terms set out at paragraph 2 above, irrespective of any terms and conditions a Guest has agreed to with a Host as part of a Booking or a Bespoke Package Booking.
Cancellation of Vennstance Business Bookings
Where a Guest has chosen Payment by Invoice, the Listing Cancellation Terms for that Booking will automatically change to "Strict" as detailed in Vennstance's Cancellation Policy. No Space Fees or Processing Fees refunds will be granted except as otherwise offered in accordance with these Terms.
If the Host cancels a Booking made by a Vennstance Business Customer or is otherwise in the breach of any of these Terms, the Host will be liable for all damages which the Guest may suffer, including all costs related to rescheduling the relevant event, where possible. Such costs shall include, but not be limited to:
· expenses of Vennstance's staff to research alternate facilities, including travel costs;
· any increase in the cost of the alternative facility;
· administrative and operational costs, including return of pre-registration fees, programme printing, attendee notification, and any other costs and expenses associated with rescheduling the event; and
· if Guest is unable to secure alternative facilities the Host will also be liable to Guest for out of pocket expenses on the cancelled event.
· Hosts will refund any and all sums already paid to it by Vennstance within ten days of the Host's notice of cancellation, and such notice shall constitute "cause", entitling Guest to terminate its obligation under these Terms without liability. Vennstance may, in its absolute discretion, apply a cancellation fee equal to 25% of the Space Fees, which may be withheld from any future payments or invoiced to the Host as a one off penalty charge. The Host Fees are non-refundable.