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.