Terms of Use Spacehop Limited ("Spacehop") provides an online platform which connects hosts ("Hosts") who have workspace to rent with persons seeking to rent such workspace (collectively, the "Services"), which Services are accessible at www.spacehop.com (the "Site") or via an application for mobile devices (the "Mobile Application"). By using the Site or Mobile Application, you confirm that you accept these terms of use (the "Terms") set out in this document and that you agree to comply with them, whether or not you become a registered user of the Services. Please read these Terms carefully before you start to use our Site or Mobile Application, as these will apply to your use of the Site and/or Mobile Application. We recommend that you print a copy of this for future reference. If you do not agree to these Terms, you must not use our Site or Mobile Application.
Information About Us Spacehop.com is a site operated by Spacehop Limited which is company registered in Northern Ireland under company number NI631529 and its registered office is at 10 Abercorn Park, Hillsborough, Northern Ireland, BT26 6HA. You agree that Spacehop is not party to any agreements entered into between Hosts and Users, nor is Spacehop a property agent or insurer. Spacehop has no control over the conduct of Hosts, Users and other users (all as defined below under Definitions) of the Site, Mobile Application and Services or any Office Space, and disclaims all liability in this regard to the extent permitted by law. Definitions The following definitions shall apply to these Terms: "Content" means text, graphics, images, music, software, audio, video, information or other Materials which appear on the Site or Mobile Application "User" means a Member who requests from a Host a viewing and/or booking of a Workspace ( need to add to definition listing) via the Site, Mobile Application or Services. "Host" means a Member who creates a Listing via the Site, Mobile Application and Services. "Listing" means a Workspace that is listed by a Host as available for rental via the Site, Mobile Application and Services. "Member" means a person who completes Spacehop's account registration process, including but not limited to Hosts and Users, as described under "Account Registration" below. "Tax" or "Taxes" means any taxes including VAT (value added tax) whatsoever that Hosts, Users or Members may be required by law to pay to HMRC or any other governmental body as applicable. Changes to these Terms Spacehop may revise these Terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Changes to the Site Spacehop may update the Site, Mobile Application and Services from time to time, and may change the content at any time. However, please note that any of the content on the Site or Mobile Application may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Site or Mobile Application, or any content on either of them, will be free from errors or omissions. The Site and Services The Site, Mobile Application and Services are used to facilitate the listing, viewing and booking of Private Offices, Desk Spaces, Home Offices and/or Meeting Rooms ("Workspaces") If you wish to book a Workspace or create a Listing, you must register to create a Spacehop Account (defined below). For the avoidance of doubt, Spacehop is not an owner or operator of properties or Workspaces, and Spacehop does not own, sell, resell, furnish, provide, rent, manage and/or control properties or Workspaces. Unless explicitly specified otherwise in the Spacehop platform, Spacehop's responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Application and Services and (ii) accepting payments from Users on behalf of the Host. Please note that, as stated above, the Site, Mobile Application and Services are to be used to facilitate Hosts and Users connecting directly with each other. Spacehop cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Workspace. Spacehop is not responsible for and disclaims any and all liability related to any and all Listings. Accordingly, any bookings will be made at the User's own risk. Your Account and Password In order to request a viewing, make a booking of a Workspace or create a Listing, you must register to create an account ("Spacehop Account") and become a Member. You may register to join the Services directly via the Site or Mobile Application or as described in this section. In addition, you can register to join by logging into your account via certain Third-Party social networking account (a "Third-Party Account"), via our Site or Mobile Application. As part of the Site, Mobile Application and Services, you may link your Spacehop Account to Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Spacehop through the Site, Services or Mobile Application; or (ii) allowing Spacehop to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of such Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Spacehop and/or grant Spacehop access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the Third-Party Account. By granting Spacehop access to any Third-Party Accounts, you understand that Spacehop will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site, Services and Mobile Application via your Spacehop Account and Spacehop Account profile page. Spacehop makes no effort to review any content contained within your Third-Party Account for any purpose, including but not limited to for accuracy, legality or non-infringement and Spacehop is not responsible for any such Content. Spacehop will create your Spacehop Account and your Spacehop Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via your Third-Party Account as described above. During this process, you will choose a password or any other piece of information as part of our security procedures. You must treat your password as confidential and you must not disclose this to a Third-Party. 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. Furthermore, you will take sole responsibility for any activities or actions under your Spacehop Account, whether or not you have authorised such activities or actions. You will immediately notify Spacehop of any unauthorised use of your Spacehop Account. Spacehop has the right to disable any Spacehop Account, identification code or password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms. 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: (a) your Spacehop Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, Mobile Application, your Spacehop Account or your Content, (b) any pending or accepted future bookings as either Host or User will be immediately terminated, (c) we may communicate to your Users or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Users to inform them about potential alternate Workspaces with other Hosts that may be available on the Site, Mobile Application and Services, and (f) 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 Spacehop Account. You may cancel your Spacehop Account at any time by sending an email to [email protected] Please note that if your Spacehop Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Mobile Application and Services. Workspace Listings When applying to make a Listing, you will be asked a variety of questions about the Workspace to be listed, including, but not limited to the location, size, features, availability, pricing any related rules and financial terms. Spacehop will promptly notify you as to whether your Listing has been accepted for public display on the Site. Listings, once accepted by us, will be made publicly available via the Site, Mobile Application and Services. Other Members will be able to request a viewing or booking of your workspace via the Site, Mobile Application and Services based upon the information provided in your Listing. For the avoidance of doubt, Spacehop may choose to reject a Listing application at its own discretion and for any reason, which need not be disclosed to you. You acknowledge and agree that, to the maximum extent permissible by law, Spacehop shall not be liable for any loss incurred by you in connection with a rejected Listing. 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 User's stay at, a Workspace in a Listing you post (i) will not breach any agreements you have entered into with any Third-parties, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as planning laws and laws governing rental of listed properties), tax requirements, and rules and regulations that may apply to any Workspace included in a Listing you post (including having all required consents, licenses and registrations), and (b) not conflict with the rights of Third-Parties. Spacehop assumes no responsibility for a Host's compliance with any agreements with or duties to Third-Parties, applicable laws, rules and regulations. Spacehop reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Spacehop, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Mobile Application or Services. If a User requests a booking of your Workspace and stays at your Workspace, any agreement you enter into with such User is between you and the User and Spacehop is not a party thereto. Before accepting a listing, you may choose to request certain requirements which must be met by the Members including, but not limited to, requiring Members to have a profile picture and/or additional verification steps including but not limited to phone number, email address and ID verification in order to book/view your Workspace. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Workspace at your request or invitation, excluding the User (and the individuals the User invites to the Workspace, if applicable). Bookings and Payment Terms Key Definitions "Workspace Fees" means the amounts that are due and payable by a User in exchange for that User's stay in a Workspace. The Host alone, and not Spacehop, 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 Spacehop platform, or (ii) Taxes that the Host determines that he or she has to collect. "Listing Fees" means the fee that Spacehop charges a host for listing a Workspace on the platform. This is an annual fee and is determined by the Workspace type and capacity. The applicable listing fee will be displayed to the host during the listing process. "Host Service Fees" means the fee that Spacehop charges a residential host for the use of its online platform, which is calculated as a as a percentage of the Total Fees. Commercial Workspaces will not be subject to host service fees. Residential Workspace will be subject to a host service fee of 10% of the Total Fees. "Total Fees" means collectively the Workspace Fees plus any Third-party payment processor fees. Bookings for Hosts If you are a Host and a viewing or booking is requested for your Workspace via the Site, Mobile Application and/or Services, you will have 24 hours from the time of the request to confirm or reject the request, otherwise the request will be automatically cancelled (the "Acceptance Period"). When a booking is requested via the Site, Mobile Application and/or Services, Spacehop will share with you (i) the first name of the User who has requested the booking, (ii) additional user information and account verification details of said user, so that you can view such information before confirming or declining the request. When you confirm a request by a User, Spacehop will send you an email or text message confirming the viewing or booking. When a viewing request is confirmed by a Host, via the Spacehop site or mobile application, it is the responsibility of the Host to find a suitable date and time for parties to be shown around the workspace. Following the viewing if the User wishes to proceed with making a booking it is the responsibility of the Host to organise any necessary contracts, agreements and to arrange for User payment. For the convenience of some applicable commercial workspaces, a template contract between licensor and licensee has been included in the host pack. For the avoidance of doubt, Spacehop is not a party to any agreement between the licensor and licensee. It is at their discretion whether to use the template contract at all and if so how to edit it. When a booking request is confirmed by a Host, via the Spacehop site or mobile application, Spacehop will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payout of the Workspace Fees (less Spacehop's Host Service Fees if applicable) to the Host within 24 hours from the booking start date. The time it takes for the Host to receive payout is generally 5-7 working days following payout initiation. Each Host agrees that Spacehop may (i) permit the User to cancel the booking and (ii) refund to the User that portion of the Workspace Fees specified in the cancellation policy set out hereinbelow. Spacehop does not guarantee payments to Hosts for amounts that have not been successfully received by Spacehop from Users. Bookings for Users The information below is in reference to bookings made through the Spacehop platform and not Workspace Viewings organised through the Spacehop platform. For the avoidance of doubt, it is the responsibility of the respective hosts to organise payment and contracts with the respective user's if both parties wish to proceed with booking following a Workspace Viewing. The Hosts, and not Spacehop, are solely responsible for honouring any confirmed bookings and making available any Workspace reserved through the Site, Mobile Application and/or Services. If you, as a User, choose to enter into a transaction with a Host for the booking of a Workspace, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Workspace imposed by the Host. You acknowledge and agree that you, and not Spacehop, will be responsible for performing the obligations of any such agreements and, with the exception of its payment obligations hereunder with respect to bookings made through the Spacehop Platform or Mobile application, Spacehop shall not be liable in respect of any claim arising from or related to any such agreements. Upon your payment of the Total Workspace Fees to Spacehop, your payment obligation to the Host for the Workspace fees is extinguished, and Spacehop is responsible for remitting the Workspace Fees (less the Host Service Fees and any Taxes in respect of the Host Service Fees, such as VAT if applicable), in the manner described in these Terms. In the event that Spacehop does not remit any such amounts as described in these Terms, such Host will have recourse only against Spacehop. The Total Fees payable will be displayed to a User before the User sends a booking request to a Host. As noted above, the Host is required to either confirm or decline the booking request within the Acceptance Period. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Spacehop will be refunded to such User, in accordance with the cancellation policy set out within these Terms, and any pre-authorisation of such User's credit card will be released, if applicable. You as a User agree to pay Spacehop the Total Fees for any booking requested in connection with your Spacehop Account if such requested bookings are confirmed by the applicable Host. Once Spacehop receives confirmation of your booking from the applicable Host, Spacehop will collect the Total Fees in accordance with these Terms. Spacehop payment management is powered by Stripe Connect as such an amount sufficient to cover all possible Stripe transaction fees/or charges will be included in the Total Fees paid for by the user. Spacehop disclaims all liability in relation to additional charges from the bank resulting from Spacehop's collection of the Total Fees. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Spacehop or its Third-Party payment processor(s). You agree to pay Spacehop for any confirmed bookings made in connection with your Spacehop Account in accordance with these Terms. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Spacehop or indirectly, via a Third-Party online payment processor or by one of the payment methods described on the Site and/or Mobile Application. If you are directed to Spacehop's Third-Party payment processor(s), you may be subject to terms and conditions governing use of that Third-Party's service and that Third-Party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking. Service Fees In consideration for the use of Spacehop's online marketplace and platform, Spacehop charges Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Host Service Fees and Listing Fees. Spacehop deducts any applicable Host Service Fees from the Total Fees before remitting the balance to the Host as described in these Terms. Except as otherwise provided herein, Service Fees are non-refundable. When making a listing, you will honour your payment obligations and accept payment information being stored by our payment processor(s), Stripe and/or GoCardless. We do not guarantee refunds. The price you pay for listings will be determined by the type of space(s) you list and if applicable, the space capacity. The listing fee will be displayed as you go through the listing a workspace process. You agree to pay Spacehop the applicable fees. Failure to pay these fees may result in your listing being removed. Also: o You authorize our payment processor(s) Stripe and / or GoCardless to store and continue billing your payment method (e.g. credit card) to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. Paid listings will be automatically renewed and billed at the end of the subscription period unless notice is given. o You must pay Spacehop for applicable fees and taxes unless you cancel the paid listings, in which case you agree to still pay these fees through to the end of the applicable subscription period. o Any discounts applied to the listing fee will be applicable for 1 year only. The listing fee for subsequent years reverts to the full cost dependant on space type and size as described on the website. o To cancel paid listings please email [email protected] and confirm your request to cancel. You will be billed through to the end of the applicable subscription period unless the Money Back Guarantee Policy "Host Guarantee" applies (as defined below). Host Guarantee In the month before and after the first subscription period ends Hosts may request a full reimbursement for paid listings. If approved, Spacehop will reimburse your credit card or original method of payment. Any requests made outside this time frame will be declined. Reimbursement shall be approved where hosts have not received bookings or enquiries to the monetary value of which exceeds or has the potential to exceed the listing fee charged by the Spacehop Website or Mobile application. For meeting room listings, where bookings are made over the site, this can be easily quantified by comparing the Workspace Fees received throughout the subscription period and the cost of listing. If the sum of Workspace Fees received throughout the subscription period does not exceed the cost of listing then a request for reimbursement will be approved. For other types of workspace for which viewing requests and not booking requests are made via the Site or Mobile Application, if the monetary value of enquiries does not exceed the listing cost the request for reimbursement will be approved. For the avoidance of doubt the monetary value of enquiries is the sum of all booking requests made within that subscription period, irrespective of whether the viewing request was followed up with a booking or not. The monetary value of the enquiry is based on the details entered by the user upon submission of the viewing request. If a listing does not qualify for a refund you may still cancel the paid listing as outlined above in the service fees section. Please note you will be charged until the end of applicable subscription period. To request reimbursement under the host guarantee please email [email protected] General Booking and Financial Terms User Cancellation If a User cancels a requested booking more than 24 hours prior to the time at which the booking is due to commence, no cancellation fee shall be payable by the User to Spacehop and/or the Host. If a User cancels their requested booking less than 24 hours prior to the time at which the booking is due to commence, Spacehop shall be entitled to retain the Total Fees (the "User Cancellation Fee"). Host Cancellation If a Host cancels a confirmed booking made via the Site or Mobile Application (i) Spacehop will refund the Total Fees for such booking to the applicable User within a reasonable time of the cancellation and (ii) the User will receive a confirmatory email or other communication from Spacehop containing alternative Listings and other related information. If, as a Host, you cancel a confirmed booking, Spacehop may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts) (the "Host Cancellation Fee"). You will be notified of the situations in which a Host Cancellation Fee applies before you decide to cancel. Tax Hosts, Members and Users hereby understand and agree: (i) Spacehop shall not be held liable or responsible for any Tax issues that arise whatsoever in connection with the Host's, User's or Member's own tax position; (ii) The Hosts, Users and Members are solely responsible for determining the correct Tax reporting requirements for them and they are solely responsible for remitting any taxes due to HMRC or any other relevant bodies as necessary; (iii) Spacehop shall not be responsible for the provision of Tax advice to the Hosts, Users or Members; (iv) Valid VAT invoices may be issued where relevant and if requested; (v) Spacehop may be required by law to provide details to HMRC regarding payments received by Hosts, Users or Members and any Taxes to be withheld; and (vi) Those Hosts, Users and Members who are not residents of the United Kingdom must seek independent Tax advice for liabilities arising from any fees or other income received in connection with a Listing. Recurring Payments In some instances, Users may be required to make recurring payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Residential Office Space (collectively, "Recurring Payments"). If Recurring Payments apply to a confirmed booking, then the User authorises Spacehop, on behalf of the Host, to collect the Total Fees and the Host agrees that Spacehop will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services. Damage to Workspace As a User, you are responsible for leaving the Workspace in the condition it was in when you arrived. You acknowledge and agree that, as a User, 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 Workspace. In the event that a Host provides evidence of damage you understand that you may be held responsible to the full extent permitted by law for all and any damage that is not covered by the Spacehop insurance policy. The Spacehop Insurance Policy is only applicable to residential workspaces and it is therefore the responsibility of commercial property hosts listed with Spacehop to organise suitable insurance cover for their workspace. For the avoidance of doubt, Spacehop shall have no liability in respect of any damage costs required to be paid by the User which is in excess of the coverage provided by the Spacehop insurance policy. It is the responsibility of the host to recover damages in excess of the coverage provided by the Spacehop insurance policy. Both Users and Hosts agree to cooperate with and assist Spacehop in good faith, and to provide Spacehop with such information and take such actions as may be reasonably requested by Spacehop, in connection with any complaints or claims made by Members relating to Workspace. Insurance Insurance cover is not provided for commercial properties listed on the Spacehop platform. Group insurance cover is in place for residential properties listed on the Spacehop site and has been designed to dovetail with the host's existing home and contents insurance. For full details on the cover that this policy provides, as well as the limitations and exclusions to cover please visit www.spacehop.com/insurance. Uploading Content to our Site Whenever you make use of a feature that allows you to upload Content to the Site or Mobile Application, or to make contact with other users of the Site or Mobile Application, you must comply with the Content standards set out in Spacehop's Acceptable Use Policy (see www.spacehop.com/policies/acceptable-use). You warrant that any such contribution does comply with those standards, and you will be liable to Spacehop and indemnify Spacehop for any breach of that warranty. Any Content you upload to the Site or Mobile Application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant Spacehop and other users of the Site and Mobile Application a limited licence to use, store and copy that Content and to distribute and make it available to Third-Parties. The rights you license to Spacehop are described in the next paragraph (Rights you licence). Spacehop also has the right to disclose your identity to any Third-Party who is claiming that any Content posted or uploaded by you to the Site or Mobile Application constitutes a violation of their intellectual property rights, or of their right to privacy. Spacehop will not be responsible, or liable to any Third-Party, for the Content or accuracy of any Content posted by you or any other user of the Site or Mobile Application. Spacehop has the right to remove any posting you make on the Site or Mobile Application if, in its opinion, your post does not comply with the Content standards set out in our Acceptable Use Policy. The views expressed by other users on the Site and Mobile Application do not represent the views or values of Spacehop. You are solely responsible for securing and backing up your Content. Rights you License When you upload or post Content to the Site and/or Mobile Application, you grant to Spacehop a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, 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 Content on, through, by means of or to promote or market the Site, Mobile Application and Services. Privacy See Spacehop's Privacy Policy at www.spacehop.com/policies/privacy-policy for information and notices concerning Spacehop's collection and use of your personal information. Third-Party Links and Resources in the Site Where the Site or Mobile Application contains links to other sites and resources provided by Third-Parties, these links are provided for your information only. Spacehop has no control over the contents of those sites or resources. Intellectual Property Rights Spacehop is the owner or the licensee of all intellectual property rights in the Site and Mobile Application, 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 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. Spacehop's status (and that of any identified contributors) as the authors of content on the Site and Mobile Application must always be acknowledged. You must not use any part of the Content on the Site or Mobile Application for commercial purposes without obtaining a licence to do so from Spacehop or Spacehop's licensors. If you print off, copy or download any part of the Site or Mobile Application in breach of these Terms, your right to use both the Site and Mobile Application will cease immediately and you must, at Spacehop's option, return or destroy any copies of the materials you have made. No Reliance on Information The content on the Site and Mobile Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site or Mobile Application. Although Spacehop make reasonable efforts to update the information on the Site and Mobile Application, Spacehop makes no representations, warranties or guarantees, whether express or implied, that the Content on the Site and Mobile Application is accurate, complete or up-to-date. Viruses Spacehop does not guarantee that the Site and Mobile Application 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 the Site and Mobile Application (if applicable). You should use your own virus protection software. You must not misuse the Site or Mobile Application 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 the Site or Mobile Application, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site or Mobile Application (if applicable) 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 both the Site and Mobile Application will cease immediately. Disclaimers and Limitation of Liability If you choose to use the Site, Mobile Application, Services or Content you do so at your own risk. The Site, Mobile Application, Services and Content are provided without warranty of any kind, either express or implied. Without limiting the foregoing, Spacehop explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Spacehop makes no warranty that the Site, Mobile Application, Services, Content, including, but not limited to, the listings or any Workspace will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and interactions with other users of the Site, Mobile Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Mobile Application or Services, including, but not limited to, any Hosts or Users. Spacehop makes no representations or warranties as to the conduct of Users of the Site, Mobile Application or Services or their compatibility with any current or future Users of the Site, Mobile Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, Mobile Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Mobile Application or Services, including, but not limited to, Users and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Spacehop. Spacehop hereby explicitly disclaims all liability for any act or omission of any User or other Third-Party. Nothing in these Terms excludes or limits Spacehop's liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Northern Irish law. To the extent permitted by law, Spacehop excludes all conditions, warranties, representations or other terms which may apply to the Site, Mobile Application, Services or any Content on it, whether express or implied. Spacehop will not be liable to any User or Host 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, the Site; or use of, or inability to use, the Services; or use of, or inability to use, the Mobile Application; or use of Workspace; or any contact you have with other Users of Spacehop whether in person or online; or use of or reliance on any Content displayed on the Site; or use of or reliance on any Content displayed on the Mobile Application. Please note that in particular, Spacehop will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings (including, without limitation, any Tax reliefs); loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. Spacehop 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 the Site or Mobile Application or to your downloading of any Content on either of them, or on any website linked to either of them. Spacehop assumes no responsibility for the content of websites linked on the Site or Mobile Application. Such links should not be interpreted as endorsement by Spacehop of those linked websites. Spacehop will not be liable for any loss or damage that may arise from your use of them. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Spacehop's aggregate liability arising out of or in connection with these Terms and your use of the Site, Mobile Application and Services including, but not limited to, from your Listing or booking of any Workspace via the Site, Mobile Application and Services, or from the use of or inability to use the Site, Mobile Application, Services, or Content and in connection with any Workspace or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site, Mobile Application and Services as a User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Spacehop to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred pounds sterling (£100), if no such payments have been made, as applicable. Indemnity You agree to indemnify, and hold Spacehop 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, any Tax, legal and/or accounting fees, arising out of or in connection with (a) your access to or use of the Site, Mobile Application, Services, or Content or your violation of these Terms; (b) your (i) interaction with any Member, (ii) booking of a Workspace, or (iii) creation of a Listing; and (c) the use, condition or rental of a Workspace 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, booking or use of a Workspace. Assignment You may not assign or transfer these Terms without Spacehop's prior written consent. Spacehop may freely assign or transfer these Terms, at its sole discretion, without restriction. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Spacehop (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or Mobile Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Governing Law and Jurisdiction These Terms 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 Northern Ireland. The courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including noncontractual disputes or claims). Miscellaneous No failure or delay by Spacehop to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Spacehop shall prevent or restrict the further exercise of that or any other right or remedy. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms.