3SPACE TERMS AND CONDITIONS
These Terms will apply to any licence that we may grant you to use a Property or any part of a Property ("Licence"). Please read these Terms carefully and make sure that you understand them, before requesting a Licence. Please note that before making any such request you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to request a Licence.
In agreeing to the Terms, you acknowledge that you have read the Terms and have had the opportunity to take legal advice on them.
In agreeing to the Terms, you confirm that you are requesting a Licence in your capacity as a "business" and not as a "consumer". For the purposes of the Terms, "you" shall refer to the business. By agreeing to the Terms, you confirm that you have authority to bind the business on whose behalf you use our site to request a Licence. Unless otherwise expressly provided, where you comprise more than one individual, the obligations and liabilities of all those individuals shall be joint and several.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time. Every time you wish to request a Licence, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Licence between us, are only in the English language.
1. Information about us
1.1. We operate the website www.3space.org. We are 3Space, a company limited by guarantee registered in England and Wales under company number 7221470 and with our registered office at 19-20 Bourne Court, Southend Road, Woodford Green, Essex IG8 8HD. 3Space is a registered charity (1136377).
1.2. Contacting us. You may contact us by by e-mailing us at email@example.com.
2. OUR PROPERTIES
2.1. The images of the Properties on our site are for illustrative purposes only.
2.2. Although we make every effort to keep the site up-to-date, we cannot guarantee the accuracy of the details on our site at any one time. We refer you specifically to clause 3.
3. Use of our site
4. How we use your personal information
THE RELATIONSHIP BETWEEN YOU AND US
4.1. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.2. You acknowledge that in entering into a Licence with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.3. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Licence.
5. HOW THE LICENCE IS FORMED BETWEEN YOU AND US
5.1. Our site guides you through the steps you need to take to request a Licence from us (a "Booking"). Please take the time to read and check your Booking before making a request.
5.2. After you place a Booking, you will receive an e-mail from us acknowledging that we have received your request. However, please note that this does not mean that your request has been accepted. Our acceptance of your Booking will take place as described in clause 5.4.
5.3. We cannot confirm our acceptance of the Booking until we have received from you:
(a) An up-to-date and fully completed “profile”;
(b) A deposit of TWO HUNDRED AND FIFTY POUNDS (£250) ( “Deposit”);
(c) A copy of PUBLIC LIABILITY INSURANCE for your business, acceptable to us; and
(d) Any other information that we may reasonably request in order to consider your Booking.
5.4. We will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your Booking ("Confirmation"). The Licence between us will only be formed when we send you the Confirmation.
5.5. If we are unable to provide that Confirmation, for example because that Property is no longer available or because we reject your Booking, we will inform you of this by e-mail (“Rejection”). If we have received the Deposit before providing the Rejection we will return the Deposit to you (subject, if necessary, to confirmation from you of bank account details or otherwise).
5.6. We reserve the right, in our absolute discretion, to reject your Booking.
5.7. If after we provide Confirmation to you, and before you first use the Property to which that Confirmation relates, you no longer want to take that Booking, you will notify us without delay. Upon such notification, the Licence will automatically terminate.
5.8. We will return the deposit to you at or within a reasonable period of time after the end of the Licence Period (as herein defined) or in circumstances where the Licence is otherwise terminated unless:
(a) you have caused damage to the Property and its Contents (as herein defined) and that damage has not been made good to our satisfaction; and/ or
(b) you have not complied to our satisfaction with your obligations in clause 9.7, and to the extent that either clause 5.8(a) or 5.8(b) applies, we reserve the right to retain such part (in our absolute discretion) of the Deposit as we deem reasonably appropriate.
6. OUR RIGHT TO VARY THESE TERMS
6.1. We amend these Terms from time to time. Every time you make a Booking, the Terms in force at the time of your Booking will apply to the Licence between you and us.
6.2. If we vary these Terms after you have made Booking but before we provide you with Confirmation, we will notify you of the changes. Unless you indicate otherwise in writing to us before first making use of the Property, we will deem that you have agreed to the terms as varied.
7. Our liability TO you
7.1. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(d) Any other liability which cannot be limited or excluded by applicable law.
7.2. Subject to clause 7.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
7.3. Subject to clause 7.1, our total liability to you in respect of all losses arising under or in connection with the Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £250.
7.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Properties. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Properties are suitable for your purposes.
8. Other important terms
8.1. You cannot transfer your rights or your obligations under these Terms to another person. Any Licence that we may grant to you is personal to you and not assignable.
8.2. Any Licence that we may grant to you is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.5. Any Licence that we may grant to you and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
8.6. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Licence that we may grant to you or its subject matter or formation (including non-contractual disputes or claims).
9.1. Any Licence between you and us is not intended to confer exclusive possession upon you nor to create the relationship of landlord and tenant between us and shall not be deemed to create any lease or tenancy or agreement for lease or tenancy or any other statutory security of tenure either at the commencement, during or at the end of the Licence Period.
9.2. If we grant you a Licence, we permit you (with others from time to time nominated by us, in our absolute discretion):
(a) to use on a non-exclusive basis such area or areas in the Property as we confirm in response to your request for a Booking (the "Booking Area") together with the shared use of such areas of the Property as we shall from time to time designate, in our absolute discretion (the "Communal Areas");
(i) without prejudice to any other term in the Licence, for the Permitted Use (as defined below);
(ii) for either (1) the period that we confirm in response to your request for a Booking, unless the Licence otherwise terminates in accordance with these Terms or (2) if the period that we confirm in response to your request for a Booking is indefinite, until the Licence otherwise terminates in accordance with these Terms (the "Licence Period");
(iii) in common with us and all others authorised by us; and
(b) to use the fittings and furniture and other fixtures and fittings (if any) provided by us on a non-exclusive basis in the Property (the "Contents").
9.3. For the purposes of any Licence that we grant to you, and without prejudice to any other term of the Licence, the Permitted Use shall be the trade, craft, hobby or profession carried out by you as a business.
9.4. You acknowledge that all parts of the Property (including the Booking Area) will be shared with others whom we so authorise and you shall not have exclusive use, occupation or possession of any part of the Property, notwithstanding the Booking.
9.5. Notwithstanding the Booking, we reserve the right at all times to ask you to relocate to another part of the Property.
9.6. If we grant you a Licence, you shall:
(a) Before first making use of the Property, identify one individual who shall be responsible for holding the keys and notify us of that person (the "Keyholder"). We shall give you only one set of keys for the Property which shall remain our Property and shall be returned by you to us at the end of the Licence Period. Under no circumstances should the keys be copied or the keys given to another person, unless you obtain our prior approval, identifying the Keyholder to us;
(b) Take good care of the Contents and pay for the repair or replacement of anything lost or damaged except by fair wear and tear and keep the Booking Area, Communal Areas and any other part of the Property clean and tidy;
(c) Not cause or permit to be caused any damage to the Booking Area, Communal Areas or any other part of the Property;
(d) Not remove any of the Contents from the Property;
(e) Not do any act or thing which would render any insurance policy on the Property or the Contents void or voidable or increase the premium payable for such insurance;
(f) Be responsible for the safekeeping and insurance of all your personal effects kept in the Property;
(g) Dispose regularly of all rubbish as instructed by us;
(h) Not do any act or thing which may cause nuisance or annoyance to us, any other occupier of the Property or the owners or occupiers of neighbouring property;
(i) Use best endeavours to share the Property and the Contents amicably and peaceably with us and such other persons as we shall from time to time direct and not interfere with or otherwise obstruct such shared occupation;
(j) Not use the Property or any part of it other than for the Permitted Use and not permit the use of the Property or any part of it by any other person unless such person is under the control or direction of you;
(k) Not use the Property outside the hours of 9.30am until 6.30pm unless we shall otherwise direct.
(l) Not sell goods on the Property unless we shall otherwise direct.
(m) Not create or permit to be created amplified music or unnecessary noise, unless otherwise permitted by us;
(n) Not consume or permit to be consumed alcohol on the Property at any time;
(o) Comply with all laws that relate to your use of the Property;
(p) Observe any rules and regulations that we make from time to time governing your use of the Property;
(q) Notwithstanding the definition of Permitted Use, immediately cease using the Property for any purpose which in our absolute discretion is not appropriate.
9.7. At the end of the Licence Period, you shall:
(a) Leave the Booking Area, Communal Areas and Contents in a clean and tidy condition;
(b) Remove all your personal effects from the Property and give up occupation; and
(c) Return the keys to us as required by these Terms.
10.1. We can terminate the Licence without notice at any time and with immediate effect if:
(a) in our absolute discretion, we consider that:
(i) You are in breach of any of the terms of the Licence; or
(ii) Notwithstanding the definition of Permitted Use or terms of the Licence, you are using the Property or any part for any purpose which we do not approve; or
(iii) You are using the Property or any part for a purpose that is inconsistent with our proprietary and statutory rights to make the Property available for use; or
10.2. For any other reason outside out control.
10.3. Either you or us can terminate the Licence at any time without cause by giving to the other three days notice in writing.
11. OUR LIABILITY IN RESPECT OF THE PROPERTY
11.1. You enter the Property entirely at your own risk and you indemnify us against all actions, costs, claims, losses, demands, liabilities, and expenses of whatsoever nature that we may suffer, arising out of or otherwise attributable to your access to and use of the Property.
11.2. We give you no warranty that the Property has planning permission or any other consents, licenses, permissions, certificates, authorisation, approvals (whether of a public or private a nature) which are required for the Permitted Use.
11.3. We give you no warranty that the Property is physically fit for the rights granted in clause 9.2.
11.4. Subject to clause 7.1, we are not liable for:
(a) The death of, or injury to you, your employees, customers or invitees to the Property;
(b) Damage to any of your property or that of your employees, customers or other invitees to the Property;
(c) Any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by you or your employees, customers, or other invitees to the Property in the exercise or purported exercise of the rights granted to you in clause 9.2.
3Space ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is 3Space with registered office at 19-20 Bourne Court, Southend Road, Woodford Green, Essex IG8 8HD.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information you give us.
You may give us information about you by filling in forms on our site www.3space.org (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, search for a property on our site, place a booking on our site, carry out any other activities on our site and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number and information relating to your trade, business, craft or profession (including details of insurance).
Information we collect about you
With regard to each of your visits to our site we may automatically collect the following information:
- Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources
We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
USES MADE OF THE INFORMATION
Information you give to us. We will use this information:
- to consider any request that you make from us for a licence to use a property;
- to grant a licence to you and provide the service pursuant to that licence;
- to provide you with the information that you request from us and information related to the services we provide;
- to notify you about changes to our service; and
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you.We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group (if any), which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If 3Space or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
WHERE WE STORE YOUR PERSONAL DATA
- Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
- Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
OTHER APPLICABLE TERMS
If you request a licence on our site, the “3SPACE TERMS AND CONDITIONS” will apply.
INFORMATION ABOUT US
www.3space.org is a site operated by 3Space ("We"). 3Space is a company limited by guarantee registered in England and Wales under company number 7221470 and with our registered office at 19-20 Bourne Court, Southend Road, Woodford Green, Essex IG8 8HD. 3Space is a registered charity (1136377).
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You must only use our site for lawful purposes.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. No content is intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the grant of any licence to you, which will be set out in the “3SPACE TERMS AND CONDITIONS”.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with appropriate content standards.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
THIRD PARTY LINKS AD RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Your use of our Site will be subject to the exclusive jurisdiction of the English Courts and will be governed by English Law.
To contact us, please email email@example.com.
Thank you for visiting our site.