1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply Engaging Spaces “services” to you comprising:
- Allowing you (“Venue” or “Hirer” as the case may be) to access our website.
- Allowing you (“Venue”) to use our website to list your venue.
- Allowing you (“Hirer”) to use our website to request a booking directly with a Venue.
- Payment services for you (“Venue” or “Hirer” as the case may be) as detailed at clause 12of these terms.
- Enabling you (“Venue”) to communicate your acceptance or rejection of booking requests.
1.2 Why you should read them. Please read these terms carefully before you submit your order to use our website to list your venue or you use our website to request a booking directly with a venue. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- Provisions specific to consumers only are in purple and those specific to businesses only are in green.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Engaging Spaces Limited a company registered in England and Wales. Our company registration number is 10259548 and our registered office is at Office 4, North Hall, Spencer Yard, Leamington Spa, England, CV31 3SY.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01926 311347 or by writing to us at email@example.com
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Orders to use our website to list your venue
3.1 How we will accept your order to use our website to list your venue. Our acceptance of your order to use our website to list your venue will take place when we email you to accept it.
3.2 If we are unable to accept your order to use our website to list your venue. If we are unable to accept your order to use our website to list your venue, we will inform you of this in writing and will not charge you.
3.3 Your venue ID We will assign a venue ID and tell you what it is when we email you to accept your venue for listing. It will help us if you can tell us the venue ID whenever you contact us.
3.4 Your Hirer reservation number. Your reservation number will be provided to you in the email communicating the Venue’s acceptance of your booking request (if the Venue is able to accept your booking request). It will help the Venue if you can tell the Venue your reservation number whenever you contact the Venue.
3.5 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 Changes to the services. We may change the services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
6. Providing the services
6.1 Provision costs. The costs of providing the services will be as displayed to you on our website.
6.2 When we will provide the services. During the order process we will let you know when we will provide the services to you. If the services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. We will supply the services to you until the subscription expires (if applicable) or you end the contract as described in clause 7. or we end the contract by written notice to you as described in clause 9.
6.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, information we require from you about your venue. If so, this will have been stated in the description of the services on our website, the application form and the registration form.
Additionally, we may contact you in writing to ask for information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
- deal with technical problems or make minor technical changes;
- update the services to reflect changes in relevant laws and regulatory requirements;
- make changes to the services as requested by you or notified by us to you (see clause 5.).
6.5 Notifying you if we will be suspending services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on the services, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- (a) If you use (i) our services and our website to list your venue (ii) our payment services in connection with your use of our services and our website to list your venue or (iii) our services enabling you to communicate your acceptance or rejection of booking requests in connection with your use of our website to list your venue, and our services are faulty or misdescribed you may have a legal right to end your contract with us (or to get a service re-performed or to get some or all of your money back);
- (b) If you use our services to request a booking directly with a venue and our services are faulty or misdescribed you may have a legal right to end your contract with us (or to get a service re-performed or to get some or all of your money back), see clause 11. if you are a consumer;
- (c) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- (d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.4.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of our services you have ordered and you do not wish to proceed;
- there is a risk that supply of our services may be significantly delayed because of events outside our control;
- we have suspended supply of our services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you can change your mind about your contract with us any time up until your booking request directly with the venue has been confirmed and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Ending your contract with us where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end your contract with us before it is completed, but you may have to pay us compensation. Your contract with us is completed when we have finished providing our services and you have paid for them. If you want to end your contract with us before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. Your contract with us will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending your contract with us.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 01926311347 or emailing us at firstname.lastname@example.org. Please provide your name, home (if a consumer) or business (if a business) address, details of the order and, where available, your phone number and email address.
8.2 How we will refund you. If you are entitled to a refund under these terms we will refund you (i) the price you paid for our services (if you have used our payment services in connection with your use of our website to list your venue) or (ii) the amount you have paid to us in our capacity as limited payment collection agent for the venue), by the method you used for payment. However, we may make deductions, as described below.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for our services at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for our services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10 If there is a problem with the services
How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 01926 311347 or write to us email@example.com or Office 4, North Hall, Spencer Yard, Leamington Spa, Warwickshire, CV31 3SY.
11. Your rights in respect of defective services if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 7.2.
12. Price and payment
12.1 Where to find the price for our services. The price of our services (including VAT if applicable) will be the price provided to you before you place your order. We take all reasonable care to ensure that the price of the services advised to you is correct.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3 Payment for our services. If you are a venue, you must pay the price of our services before we start providing them, without prejudice to clause 12.4. You must pay each invoice within 7 calendar days after the date of the invoice.
12.4 Payments, transfers and invoices for Venues. If you are a Venue then, in addition to hereby acknowledging and agreeing to clause 12.5, you also hereby acknowledge and agree that we shall deduct a 1.5% booking charge from the payment received by us (in our capacity as your limited payment collection agent) in cleared funds from the Hirer for the hire of your venue, any time before we transfer the balance to you, which transfer shall be on the last working day of the month within which the hiring of your venue took place (or if the hiring of your venue took place on the last day of the month then on the last working day of the following month), together with our invoice to you for the 1.5% booking charge and showing a zero balance if appropriate.
12.5 Payments, transfers and invoices for Hirers. If you are a Hirer then, in addition to hereby acknowledging and agreeing to clause 12.4, you also hereby acknowledge and agree that you shall pay the invoice for your booking of a venue by no later than 3 days from the date of that invoice, which invoice shall be issued to you by us on behalf of the Venue (in our capacity as the Venue’s limited payment collection agent) in the email communicating the Venue’s acceptance of your booking request (if the Venue is able to accept your booking request).
12.6 Hirer cancelling a booking of a venue. If you are a Hirer and provided you cancel a booking of a Venue in compliance with the Venue’s cancellation policy then we shall refund to you the amount that we have received in cleared funds from (in our capacity as the Venue’s limited payment collection agent) for that booking.
12.7 Venue agrees to refund on Hirer cancellation. If you are a Venue then you hereby acknowledge and agree to clause 12.6.
12.8 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
13 Our responsibility for loss or damage suffered by you if you are a consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the services as summarised at clause 11.1.
13.3 We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
14. Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Subject to clause 14.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under such contract.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
- to supply the services to you;
- to process your payment for the services; and
- if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. Other important terms
16.1 Limited scope of our services. We do not make or enter into any contracts or commitments for or on behalf of Venues or Hirers including bookings at Venues. Any such contracts or commitments are between Venues and Hirers only.
16.2 You must keep the calendar for all listings of your venue on our website up to date. If you are a Venue then from a listing going live for your venue until your contract with us concerning that venue expires or is terminated in accordance with these terms (whichever is earlier), you must keep the calendar for your venue on our website up to date.
16.3 Compliance with applicable law. If you are a Venue you must comply with all applicable laws, statutes, regulations and codes from time to time in force relating to or arising from your contracts with Hirers and if you are a Hirer then you must comply with all applicable laws, statutes, regulations and codes from time to time in force relating to or arising from your contracts with Venues.
16.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For example, we may not agree if the other person does not meet our application or registration requirements then applicable.
16.6 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.9 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts..
16.10 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
16.11 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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