Service Terms and Conditions

Terms of Service

These Terms apply to Customers and to Operators, but we have separated the relevant provisions for ease as follows:

1. INTRODUCTION

1.1 The HOUR ROOMS PLATFORM (the HOUR ROOMS PLATFORM) is owned and operated by Hour Rooms Limited, Hughenden House, 5 Queen Street, Dawlish, Devon, EX7 9HB (we, us).

1.2 By using and registering on the HOUR ROOMS PLATFORM, you agree to be bound by these terms of use (the Terms). The Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by the Terms, do not use the HOUR ROOMS PLATFORM. If you have any questions, you can contact us by email at info@hourrooms.co.uk

1.3 We reserve the right to update the Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the HOUR ROOMS PLATFORM. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email with details of the change and the effective date of the change. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing the Terms so that you are aware of any changes to them.

1.4 The HOUR ROOMS PLATFORM is an online marketplace where Operators can offer their Workspace Services, and Customers buy Tokens that they can redeem to book workspaces services. We do not provide Workspace Services directly, nor do we act as principal in any transaction, nor as agent for either party except to facilitate payments. We are an intermediary the HOUR ROOMS PLATFORM, and we are not bound by any contract that may arise at any time between a Customer and an Operator.

1.5 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you and our Cookie Policy to understand what cookies we use on the HOUR ROOMS PLATFORM and how you can control cookies.

2. DEFINITIONS & INTERPRETATION

2.1 Words defined in Condition 1 shall have the same meaning when used throughout the Terms. In addition, the following words have the following meanings:

Administrator: the individual responsible for the Customer’s Hour Rooms account;

Booking: an agreed booking of Workspace Services made between a Customer and an Operator reflecting the details of the Workspace and Workspace Services mad available on the Platform by the Operator;

Booking Amount: is the price agreed offline or entered onto the website by the Operator for provision of the Workspace or Workspace Services. This amount less the Tally Fee and the Transaction Fee is the amount payable to the Operator by Hour Rooms;

Customer: any individual or business who registers on the HOUR ROOMS PLATFORM to view Workspaces and potentially make a Booking or who is using Hour Rooms to find Workspace(s);

Customer Commission: the sum due to us in addition to the Booking Amount in consideration of the provision to Customers and users of the HOUR ROOMS PLATFORM and associated content;

Data Protection Legislation: any laws and regulations of the United Kingdom relating to the processing of Personal Data including the Data Protection Act 2018 and, to the extent it continues to apply in the United Kingdom, the General Data Protection Regulation 2016/679; Operator: an individual or business using Hour Rooms Services to provide and advertise their Workspace and/or Workspace Services to Customers and Users of the HOUR ROOMS PLATFORM;

Platform Fees: the sum due to us in consideration of the provision to Customers and users of the HOUR ROOMS PLATFORM and associated content;

Review: any review, comment or other feedback provided to us;

Space Agreement: a direct contract or agreement (without using the HOUR ROOMS PLATFORM) between an Operator and a Customer, User or Customer of the Customer’s company for the use of Workspace and/or Workspace Services.

Hour Rooms Fee: The Hour Rooms fee is the fee we charge Operator’s and is deducted from the Operator’s pay out;

Hour Rooms Token: the tokens purchased by a Customer which can be exchanged for Workspace Services;

Transaction Fee: we apply a Transaction Fee of 2.5% to all Bookings made through the platform or agreed in writing.

Users: individuals authorised by a Customer to access the Customer’s Hour Rooms account;

Workspace: the space made available to a Customer under a Booking;

Workspace Service: the service to be provided by an Operator, including making available the Workspace; and

You: any user of the HOUR ROOMS PLATFORM, whether a Customer or Operator.

2.2 Words in the singular include the plural and, in the plural, include the singular.

2.3 Headings shall not affect the interpretation of the Terms.

2.4 References to Conditions are references to the conditions of the Terms.

2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is Hour Rooms Ltd – Terms of Service without prejudice to that party’s other rights and remedies.

2.6 Any phrase introduced by the words including or includes shall be construed as illustrative and shall not limit the generality of the related words.

2.7 A reference to writing or written includes email.

3. HOUR ROOMS PLATFORM USE AND AVAILABILITY

3.1 You may not have more than one account on the HOUR ROOMS PLATFORM.

3.2 When you use the HOUR ROOMS PLATFORM you must comply with all applicable laws and you agree not to:

(i) try to gain unauthorised access to the HOUR ROOMS PLATFORM or any networks, servers or computer systems connected to the HOUR ROOMS PLATFORM;

(ii) harvest or otherwise collect non-public information about another user obtained through the HOUR ROOMS PLATFORM (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;

(iii) add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;

(iv) transmit spam, chain letters or other unsolicited emails;

(v) access the HOUR ROOMS PLATFORM with the intention of using any information, content or other know-how to set up a competitive THE HOUR ROOMS PLATFORM; and/or

(vi) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the HOUR ROOMS PLATFORM save to the extent expressly permitted by law not capable of lawful exclusion.

(vii) communicate with any other HOUR ROOMS PLATFORM users outside of the HOUR ROOMS PLATFORM.

3.3 We try to maintain and make the HOUR ROOMS PLATFORM available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

3.4 We are not liable if you are unable to access the HOUR ROOMS PLATFORM for any reason within your control, including your failure to use Hour Rooms Ltd – Terms of Service appropriate equipment or your insufficient bandwidth.

4. REVIEWS

4.1 Operators and Customers may leave a Review for each other following the completion of the Workspace Services.

4.2 You warrant and represent that your Reviews shall:

(a) be fair, genuine and honest, and properly represent your experience;

(b) not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful;

(c) not infringe any third-party rights, including third party copyrights and/or rights of privacy; and/or

(d) not be construed as an advertisement for your or any third party’s products, services or business.

4.3 We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.

4.4 You agree that you must not offer or receive any incentive to write a Review.

4.5 You grant to us a license to edit and use your Review on the HOUR ROOMS PLATFORM within marketing and publicity materials for our business and to improve the functioning of the HOUR ROOMS PLATFORM and monitor the activities of HOUR ROOMS PLATFORM visitors.

4.6 A Review is not an endorsement or recommendation by us of either a Customer or a Operator, and you rely on the content of a Review at your sole discretion.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 The copyright in all content on the HOUR ROOMS PLATFORM is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of the HOUR ROOMS PLATFORM for your own use in order to exercise your rights and carry out your obligations under these Terms and for no other purposes. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the content of the HOUR ROOMS PLATFORM without our permission.

6. LINKING

6.1 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, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You must not establish a link from any website that is not owned by you. Our HOUR ROOMS PLATFORM must not be framed on any other THE HOUR ROOMS PLATFORM, nor may you create a link to any part of our Hour Rooms Ltd – Terms of Service HOUR ROOMS PLATFORM other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Terms.

6.2 The HOUR ROOMS PLATFORM may contain links to other THE HOUR ROOMS PLATFORMs and resources provided by third parties; these links are provided for your information only. We have no control over the contents of those THE HOUR ROOMS PLATFORMs or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. DISCLAIMER

7.1 You acknowledge and agree that the HOUR ROOMS PLATFORM is provided for information purposes only and to facilitate Bookings and payment.

7.2 We do not warrant or represent that any Operator will receive any requests for Bookings, or that a Customer will find any Workspace or Workspace Services that are suitable for their purposes.

7.3 We do not endorse or recommend any Workspace, Operator and/or Customer and in particular, we do not warrant or represent:

(a) the suitability of a Workspace and/or the Workspace Services;

(b) the accuracy of any description of the Workspace; and/or

(c) the suitability, behaviour or conduct of any Customer or Operator in respect of any Booking or otherwise.

7.4 We are not responsible in any way whatsoever for any act or omission of an Operator or for the Workspace Services performed by the Operator or any failure of the Operator to provide the Workspace Services.

7.5 We are not responsible in any way whatsoever for any act or omission of a Customer including any damage caused to the Workspace.

7.6 Subject to Condition 7.9, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:

(a) loss of profit, anticipated profits or business;

(b) loss of data and content;

(c) loss of opportunity;

(e) loss of revenue or wasted expenditure;

(f) loss of goodwill or reputation; and/or

(g) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same). The provisions of this Condition 7.6 are severable. Hour Rooms Ltd – Terms of Service

7.7 We shall only be liable to you for direct losses that arise as a result of our breach of the Terms or for our negligence.

7.8 Subject to Condition 7.9, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the Tally Fee and Platform Commission in respect of the Booking that is the subject of the claim, or where the liability does not relate to any particular Booking, our liability shall in no circumstances exceed £100.

7.9 Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by law.

8. DISPUTE RESOLUTION

8.1 If there is a dispute between a Customer and an Operator, we ask each party first to discuss in an amicable and professional manner the issue with the other party to attempt to resolve the issue. However, either party may then refer the matter to us., and the following terms shall apply.

8.2 You expressly agree that if a dispute is raised by or against it, it will comply with the following rules:

1. If, in our sole discretion, we agree to review the dispute, we do so as an independent adjudicator and not as a legal services provider:
2. each party is entitled to appoint a legal representative at its own cost to assist it;

iii. each party shall provide promptly to us all information and evidence we reasonably require in relation to the dispute;

1. once we have gathered all the information as we deem relevant, we will investigate the complaint thoroughly and fairly and shall deliver an objective written decision to each of Customer and Operator;
2. each of the Customer and Operator expressly agrees to comply with the judgement and shall pay all such sums as we determine within 10 days of receipt of our judgement;
3. notwithstanding the provisions of this Condition 8, we cannot be liable for any act or omission of a Customer and an Operator in connection with a dispute and/or our decision, including any failure to pay or refund any sums we determine are due.
4. GENERAL

9.1 No joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of the HOUR ROOMS PLATFORM.

9.2 The Terms (as amended from time to time) constitute the entire agreement Hour Rooms Ltd – Terms of Service from time to time, including information relating to your identity. We may not accept your registration until we have verified this information and we shall notify you accordingly. We reserve the right to refuse your registration.

10.2 When you register on the HOUR ROOMS PLATFORM you will create a password. You are responsible for keeping your password confidential. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to company email if you believe there has been any unauthorised use of your account. You may not transfer your account to anyone else. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Terms.

11. TERMINATION OR SUSPENSION

11.1 We may suspend or terminate your Hour Rooms at any time and without liability to you for any or no reason, including if:

(a) any information that you provide to us is not true or we cannot verify or authenticate any such information;

(b) you are in breach of any of the provisions of these Terms;

(c) you frequently reject a Booking request or cancel a Booking; and/or

(d) we receive complaints or disputes are raised in relation to your activities on the HOUR ROOMS PLATFORM or otherwise.

11.2 You may contact us at any time to terminate your Hour Rooms account by email to info@hourrooms.co.uk or you can do so within your dashboard on the HOUR ROOMS PLATFORM. Any Bookings you have accepted before termination remain in force.

11.3 Following termination by us of your Hour Rooms account you must cease to use the HOUR ROOMS PLATFORM and you must not re-register on the HOUR ROOMS PLATFORM under any other name.

12. WORKSPACE AND WORKSPACE SERVICES DETAILS

12.1 Once your account is registered on the HOUR ROOMS PLATFORM, you can upload details about your Workspace and Workspace Services, including availability, location and any particular terms and conditions applicable to a Booking. All details must be accurate, complete and up-to-date at all times and any particular terms and conditions you wish to apply must be consistent with our Terms. You agree that the Customer will rely on the details you have uploaded to make a Booking.

12.2 Your listing for a particular Workspace will not be live on the HOUR ROOMS PLATFORM until we have approved the pricing. Any such approval will not Hour Rooms Limited – Terms of Service

13.2 When you accept a Booking you agree that you are entering into a legally binding contract to provide the Workspace Services to the Customer in accordance with the terms of the Booking. We are not a party to that contract.

13.3 You may cancel a Booking on the HOUR ROOMS PLATFORM provided you do so within 48 hours from the start time for the Booking.

13.4 A Customer may cancel a Booking on the HOUR ROOMS PLATFORM subject to the cancellation policy applicable to the relevant Workspace and entered on the HOUR ROOMS PLATFORM. Cancellation policies may vary between Workspaces and Operators. Where no cancellation policy has been agreed in writing or on the platform the standard Hour Rooms cancellation policy will be assumed which is a full refund if the booking is cancelled 24 hours before the start time.

13.5 Where you have made an amendment to your cancellation policy the policy that will apply is the one agreed at the time the booking was requested.

14. PROVISION OF WORKSPACE SERVICES

14.1 In respect of each Booking, you warrant and represent that you shall:

(a) maintain the Workspace and its facilities to reflect good industry practice;

(b) ensure that the Workspace is free from obstructions, clean, safe, in a good condition and a good state of repair, and fit for the Workspace Services;

(c) provide the Workspace Services with all due skill and care, and in accordance with all applicable laws and regulation;

(d) ensure that the Workspace has functioning wi-fi; and

(e) ensure that the Workspace complies with all applicable laws and regulations, including those relating to health and safety, planning, alcohol supply and licensing, disability discrimination and fire certification.

14.2 You shall obtain appropriate insurance coverage with reputable insurance companies, against all risks that would normally be insured against by a prudent organisation providing the Workspace Services.

14.3 You shall treat all Personal Data and other information relating to a Customer as confidential and you shall comply with the Data Protection Legislation in respect of the Customer’s Personal Data.

14.4 We are not a party to the Booking. Therefore, all issues, concerns and/or enquiries relating to the Booking must be raised with the Customer.

14.5 If a Customer makes a reasonable and justified complaint stating that you have failed to provide the Workspace Services in accordance with this Condition 14, no Fee shall be due to