TERMS AND CONDITIONS

Please read these Terms and Conditions ("Terms") carefully before accessing, viewing, browsing, creating an account, ordering a Product or Service, or using the Website and/or the Company’s logos, patents and trademarks. Your access to and use of the Website and our Listings, Products and Services is conditioned on your acceptance of and compliance with these Terms.

These Terms apply to all Viewers, Users and others who access or use the Website, participate in any way in our Listings, Products and/or Services, or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website or participate in our Products or Services.

By participating in the Listings, Services and/or Products from the Company, you acknowledge and agree to be bound by the following terms and conditions, which together with the Company’s Terms of Use, Privacy & GDPR Policy, Disclaimer, Cookies Policy, Copyrights Notice govern the Company’s relationship with all Users, Viewers and otherwise in relation to our Website and our trade.

1. Definitions

1.1. The definitions and rules of interpretation in this clause apply in this Agreement

“Accommodation”

location, building, office or other properties which shall be Listed for participation in our Services and Products

“Business”

means the continual marketing of all relevant goods and services

“Business Day”

any day (other than Saturday and Sunday) when the banks are generally considered open for business

“Communication”

means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device

“Confidential Information”

all Information, including all specifications, designs and drawings provided by the Company

“Deliverable”

a tangible or intangible object produced as a result of the project that is intended to be delivered to a User (either internal or external). A deliverable could be a report or a document relating to the Services and Products

“Industry Standard Practice”

the Standard Business Practices within the specific Industry and within the United Kingdom

“Listing User”

the registered User whom is posting and responsible for a listing

“Order”, “Ordering”

means the process of purchasing a product of the Company

“User(s)”

means any entity, including, but not limited to a business or natural person whom visits and has an account on the Website

“Viewer(s)”

means any entity, including, but not limited to an unregistered business or natural person whom visits the Website

“You”

Means all Users, Viewers and any other entity, including but not limited to a business or natural person, whom accesses and use the Website

1. Overview

1.1. The Company is a professional property, accommodation and services platform providing:

1.1.1. Rental Marketplace: Facilitating the Listing of properties and handling all aspects of bookings, reservation and communication.

1.1.2. Corporate Reservation Management: Facilitating the Listing of properties, accommodation and offices suitable for all levels of business.

1.1.3. Rental Services Marketplace: Facilitating the Listing of professional services which related to properties and accommodations.

1.1.4. ApartsHub Rental Management: Professional property management services.

1.1.5. ApartsHub Professional Services: Professional property and accommodation related services.

1.2. All Content and Materials contained within this Website are for general purposes only.

1.3. The Company does not own, create, sell, resell, control, manage, offer, deliver any Listing created and submitted by Users.

1.4. The Company is not and does not become a party to, or other participant in, any contractual relationship between any User, nor is the Company a real estate broker or insurer. The Company does not act as an agent in any capacity for any User.

2. Use of the Website

2.1. The use of this Website is subject to the following terms;

2.1.1. All content is for general use only.

2.1.2. All content is subject to change without notice.

2.1.3. The Website may uses cookies to monitor browsing preferences.

2.1.3.1. For further detail see our dedicated Privacy & GDPR Policy.

2.1.4. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website for any particular purpose.

2.1.5. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.1.6. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.

2.1.6.1. It shall be your own responsibility to ensure that any Products, Services or information available on the Website meet your specific requirements.

2.1.7. This Website contains material which may be either owned by or licensed to us.

2.1.7.1. This material includes, but is not limited to, the Listings, Services, Products design, layout, look, appearance and graphics.

2.1.7.1.1. Reproduction is prohibited other than in accordance with these terms.

2.1.8. All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.

2.1.9. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

2.1.10. From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

2.1.11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Listings, Services, Products without express written permission by the Company.

3. Viewer and User Obligations

3.1. The Website is contingent upon the Viewers and Users agreeing to the following;

3.1.1. That you represent that you at least the age of majority in your country, state or province of residence to visit the Website.

3.1.1.1. If you are a minor, you must provide the Company with written consent from your dependants allowing you to use the Website.

3.1.2. You understand that your content may be transferred unencrypted and involve;

3.1.2.1. A transmissions over various networks and,

3.1.2.2. Changes to conform and adapt to technical requirements of connecting networks or devices.

3.1.2.2.1. Financial information is always encrypted during transfer over networks.

3.1.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Products or Service, or any contact any other legal entity on the Website, without express written permission by the Company.

3.1.4. You may not use our Services or Products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.

3.2. The Users shall;

3.2.1. Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;

3.2.2. Ensure that such information, data and documentation is complete and accurate in all material respects; and

3.2.2.1. Update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.

3.2.3. Where the Company is required to comply with any third party website owner's platform selling policy or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.

3.2.4. The User shall promptly notify the Company in writing if they believe, within reason that the Products or Services do not comply with the specification set out on the website. (Error).

4. Products and Services

4.1. The Company provides the following Products and Services, including but not limited to;

4.1.1. Rental Marketplace

4.1.1.1. Facilitating the Listing of properties and handling all aspects of bookings, reservation and communication.

4.1.1.2. Viewing the Rental Marketplace is available to all Viewers and Users.

4.1.1.3. To post or interact with a Listing on the Rental Marketplace, you are required to:

4.1.1.3.1. Have an Account,

4.1.1.3.2. Follow the direction and Listing requirements on the forms on the Website,

4.1.1.3.3. Abide by the terms and conditions set herein.

4.1.2. Corporate Reservation Management

4.1.2.1. Facilitating the Listing of properties, accommodation and offices suitable for all levels of business.

4.1.2.2. Viewing the Corporate Reservation Management is available to all Viewers and Users.

4.1.2.3. To post or interact with Listing on the Rental Marketplace, you are required to:

4.1.2.3.1. Have a Corporate Account,

4.1.2.3.2. Follow the direction and Listing requirements on the forms on the Website,

4.1.2.3.3. Abide by the terms and conditions set herein.

4.1.3. Rental Services Marketplace

4.1.3.1. Facilitating the Listing of professional services which related to properties and accommodations.

4.1.3.2. Viewing the Rental Services Marketplace is available to all Viewers and Users.

4.1.3.3. To post or interact with a Listing on the Rental Services Marketplace, you are required to:

4.1.3.3.1. Have an Account,

4.1.3.3.2. Follow the direction and Listing requirements on the forms on the Website,

4.1.3.3.3. Abide by the terms and conditions set herein.

4.1.4. ApartsHub Rental Management

4.1.4.1. Professional property rental management services.

4.1.4.2. Viewing the ApartsHub Rental Management Listings is available to all Viewers and Users.

4.1.4.3. To interact with a Listing on the ApartsHub Rental Management, you are required to have an Account.

4.1.5. ApartsHub Professional Services

4.1.5.1. Professional property and accommodation related services, including but not limited to:

4.1.5.1.1. Interior Design services,

4.1.5.1.2. Online Marketing services,

4.1.5.1.3. Customer Care services,

4.1.5.1.4. Professional Housekeeping services,

4.1.5.1.5. Key Exchange services,

4.1.5.1.6. Vetting of Guests services,

4.1.5.1.7. Professional Laundry services,

4.1.5.1.8. Professional Maintenance services,

4.1.5.1.9. Replenishments services,

4.1.5.1.10. Central Property Management System services,

4.1.5.1.11. Payment Facilitation services,

4.1.5.1.12. Property Preparation services.

4.1.5.2. Viewing the ApartsHub Rental Management Listings is available to all Viewers and Users.

4.1.5.3. To interact with a Listing on the ApartsHub Rental Management, you are required to have an Account.

4.2. Acceptance of any Listing, Product or Service shall be deemed to have taken place upon ordering.

4.3. Each Listing, Product and Service offered by the Company may be accompanied by with additional terms described on the Website, which are subject to change

4.4. Our Products and Services are sold online via our Website.

5. Restriction on Products and Services

5.1. We reserve the right to refuse any Listing, Products and Services to anyone, for any reason at any time.

5.2. We reserve the right to limit or prohibit orders that, in our sole judgment.

6. User Account

6.1. To participate in the Listing, Products and Services you must register one of the following Accounts:

6.1.1. Self Host includes:

6.1.1.1. Listing on the Website,

6.1.1.2. Access to the Online Booking Portal,

6.1.1.3. Access to the Feedback Portal,

6.1.1.4. Allows the creation of a dedicate page.

6.1.1.5. Self Host is available to all Viewers at no charge.

6.1.2. Apartshub Host includes:

6.1.2.1. Listing on the Website,

6.1.2.2. Access to the Online Booking Portal,

6.1.2.3. Access to the Feedback Portal,

6.1.2.4. Access to the Central Property Management Systems,

6.1.2.5. Allows the creation of a dedicate page,

6.1.2.6. Allows the hosting of over 30 Reservation Sites,

6.1.2.7. Allows managed payments.

6.1.2.8. Apartshubs Host is available to all Viewers starting from £49.99 GBP per month.

6.1.3. Apartshub Super Host includes:

6.1.3.1. Listing on the Website,

6.1.3.2. Access to the Online Booking Portal,

6.1.3.3. Access to the Feedback Portal,

6.1.3.4. Access to the Central Property Management Systems,

6.1.3.5. Allows the creation of a dedicate page,

6.1.3.6. Allows the hosting of over 30 Reservation Sites,

6.1.3.7. Allows managed payments,

6.1.3.8. Access to the Laundry Services,

6.1.3.8.1. This feature contains externally hosted service and may be subject to additional costs, this facilities may not be available due to the location of the host.

6.1.3.9. Aparthub Property Conversion,

6.1.3.9.1. This features contains externally hosted service and may be subject to additional costs, this facilities may not be available due to the location of the host.

6.1.3.9.2. Apartshub Property Branding,

6.1.3.9.2.1. This features contains externally hosted service and may be subject to additional costs, this facilities may not be available due to the location of the host.

6.1.3.9.3. Professional Cleaning,

6.1.3.9.3.1. This features contains externally hosted service and may be subject to additional costs, this facilities may not be available due to the location of the host.

6.1.3.9.4. Professional Maintenance.

6.1.3.9.4.1. This features contains externally hosted service and may be subject to additional costs, this facilities may not be available due to the location of the host.

6.1.3.10. Apartshubs Super Host is available to all Viewers starting from £199.99 GBP per month.

6.1.4. Apartshub Superhost + Guaranteed Rent includes:

6.1.4.1. All features of the Apartshub Super Host account in addition to Guaranteed Rental.

6.1.4.1.1. Guaranteed rental is subject to formal agreement between Apartshub and the property owner.

6.1.5. Services Account

6.1.5.1. Those wishing to register as a Trusted Service Provider are required to complete registration and select the type of services offered including:

6.1.5.1.1. Interior Design Services,

6.1.5.1.2. Décor Services,

6.1.5.1.3. Electrician Services,

6.1.5.1.4. Virtual Assistance Services,

6.1.5.1.5. Plumbing Services,

6.1.5.1.6. General Repairs Services,

6.1.5.1.7. Online Marketing,

6.1.5.1.8. Customer Care,

6.1.5.1.9. Professional Housekeeping,

6.1.5.1.10. Key Exchange Services,

6.1.5.1.11. Vetting of Guests Services,

6.1.5.1.12. Professional Laundry Services,

6.1.5.1.13. Professional Maintenance Services,

6.1.5.1.14. Replenishment Services,

6.1.5.1.15. Central Property Management Systems Services,

6.1.5.1.16. Payment Services,

6.1.5.1.17. Property Preparation Services or,

6.1.5.1.18. Any other of relevant service.

6.2. The terms of section applies to all Accounts.

6.3. The Company provides full support and assistance for the Account creation process.

6.4. Accounts verification and creation can take between 30 and 90 days.

6.5. To register an Account you should follow the direction and forms on the Website.

6.6. Accounts and account information and costs are subject to change without notice.

6.7. By registering to become a verified User of the Website and by using the Products and Service, the User expressly agrees that they have read, understood and accept this Policy and all other legal policies of the Company and Website.

6.7.1. If you do not accept the terms of the Agreement, you may not become a User, you may not create an Account, and you are not authorized to use the Exchange Platform or Service for any purpose.

6.8. Users confirm that they are entering the Registration on behalf of;

6.8.1. Themselves, or

6.8.2. A legal entity.

6.8.2.1. Confirming that you are an authorized officer of the legal entity and have the authority to enter into agreements for and on behalf of the legal entity.

7. User Account Registration

7.1. You must register an Account to access and use certain features, Products, Services, and Listing.

7.2. If you are registering an Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

7.3. If you choose to register an Account, your agree that your relationship with the Company is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of the Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of the Company.

7.3.1. The Company does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services, Products and Listings.

7.3.2. You acknowledge and agree that you have complete discretion whether to use our Listings or otherwise engage in other business or employment activities.

7.4. When creating an Account, you are required to provide at minimum the following information.

7.4.1. Personal Information:

7.4.1.1. Address,

7.4.1.2. Building Number,

7.4.1.3. City,

7.4.1.4. State,

7.4.1.5. Zip/Postal Code,

7.4.1.6. Country.

7.4.2. Property Details

7.4.3. Listing

7.4.4. Pricing

7.4.5. Amenities

7.4.6. Photos

7.5. The Company reserves the right to request additional information for the creation of an Account, for any reason, without having to provide the reason with any User.

7.6. Users are responsible for maintaining the confidentiality and security of their Account credentials and may not disclose your credentials to any third party. You must immediately notify the Company if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

8. Accuracy of Billing and Account Information

8.1. When registering an Account, you agree to provide current, complete and accurate information as requested on the application forms on the Website.

8.2. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8.3. Your submission of personal information through our Website is governed by our Privacy Policy.

9. Order Process

9.1. Users can book our Products and Services online using the forms on our Website.

9.1.1. It is your responsibility to book the appropriate timeframe.

9.1.2. We may also provide Users with an invoice for payment of Services or Products either sold on our website or not sold on our website.

9.2. When placing an order on our Website you agree to immediately pay all monies in the transactions regardless of whether you attend or not.

9.3. You will only be able to participate in our Services and/or Products upon successful completion of all payment processes and all monies owed to us being satisfied.

9.4. We reserve the right to refuse any order you place with us, in which you may be refunded.

9.5. We may, at our sole discretion, limit or cancel quantities purchased per Account.

9.5.1. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address.

9.5.2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

10. Listing Rules

10.1. When creating a Listing through the Website you must

10.1.1. Provide complete and accurate information about your Listing,

10.1.2. A description,

10.1.3. Accurate Location,

10.1.4. Calendar availability,

10.1.5. Disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and,

10.1.6. Provide any other pertinent information requested by the Company or as would be reasonable expected.

10.2. Users are responsible for keeping Listing information (including calendar availability) up-to-date at all times.

10.3. Users are solely responsible for setting a price (including any Taxes if applicable, or charges) for your Listing. Once a User requests a booking of your Listing, you may not request that the User pays a higher price than in the booking request.

10.4. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

10.5. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Accommodation. The Comany reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

10.6. The placement and ranking of Listings in search results on the Website may vary and depend on a variety of factors, such as User search parameters and preferences, requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Service, and/or ease of booking.

10.7. When you accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement with the User and you are required to provide the agreed Services and Products.

10.8. The Company recommends that Users obtain appropriate insurance for their Listing Accommodations. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the Users has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Listing Users Service and Products.

10.9. Users creating a Listing are hereinafter referred to as “Listing Users”.

11. Listing Accommodations

11.1. If a Listing User chooses to require a security deposit for your Accommodation, this must specify in the Listing ("Security Deposit").

11.1.1. Listing Users are not allowed to ask for a Security Deposit after a booking has been confirmed or (outside of the Website).

11.2. Listing Users represent and warrant that any Listing posted and the booking of an Accommodation will:

11.2.1. Not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and

11.2.2. Comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a User creating a Listing, 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 Accommodation at your request or invitation, excluding the User and any individuals the User invites to the Accommodation.

12. Booking Rules

12.1. Subject to meeting any requirements (such as completing any verification processes) set by the Company and/or the Listing User, Users can book a Listing available on the Website by following the respective booking process.

12.1.1. All applicable fees, including the Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to the User prior to booking a Listing. Users agree to pay the Total Fees for any booking requested in connection with your Account.

12.2. Upon receipt of a booking confirmation from the Company, a legally binding agreement is formed between the User and the Listing User, subject to any additional terms and conditions of the Listing User that apply, including in particular the applicable cancellation policy and any rule and restrictions specified in the Listing.

12.3. If you book a Listed Service, Product or Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Listing User, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Listing User.

12.3.1. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.

12.4. You understand that a confirmed booking of a Listing / Accommodation is a limited license granted to you by the Listing User to enter, occupy and use the Accommodation for the duration of your stay, during which time the Listing User (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Listing User.

12.5. You agree to leave the Accommodation no later than the checkout time that the Listing User specifies in the Listing or such other time as mutually agreed upon between you and the Listing User.

12.5.1. If you stay past the agreed upon checkout time without the Listing Users consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Listing User is entitled to make you leave in a manner consistent with applicable law.

12.5.2. In addition, you agree to pay, if requested by the Listing User, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Listing User, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Listing User to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Listing User as a result of such Overstay. If you Overstay at an Accommodation, you authorize the Company to charge you to collect Overstay Fees. A Security Deposit, if required by a Listing User, may be applied to any Overstay Fees due for an Overstay.

13. Service Fees

13.1. The Company will charge a fees to Users in consideration for the use of the Company Services and Products. More information about when Service Fees apply and how they are calculated can be found on our Website. Hosting and Co Hosting service fees are currently set at 10%.

13.2. Any applicable Service Fees (including any applicable Taxes) will be displayed to a User prior to publishing or booking a Listing.

13.2.1. The Company reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective.

13.2.2. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

13.3. You are responsible for paying any Service Fees that you owe the Company. The applicable Service Fees (including any applicable Taxes) are collected by the Company. The Company will deduct any Fees from the Listing Fee before remitting the payout to the Listing User. Any User Fees are included in the Total Fees collected by the Company.

14. Payment

14.1. All prices of Products and Services are available on our Website or available by contacting us.

14.1.1. Prices displayed on our Website are in British Pound Sterling (GBP).

14.2. The User shall pay via the checkout method provided by the Website.

14.2.1. Upon checkout, the User shall pay to Company the Charges immediately

14.2.1.1. All Charges are exclusive of VAT, or as indicated within the specific Product or Service.

14.3. We accept the following methods of payment for our Products and Services, unless otherwise stipulated in these Terms;

14.3.1. Direct Deposit,

14.3.2. PayPal

14.3.3. Credit Card;

14.3.3.1. VISA,

14.3.3.2. MasterCard,

14.3.3.3. American Express.

14.3.4. BitCoin

14.3.5. Ethereum

14.4. We reserve the right to pass onto the Account holder any fees charged for the use of credit card, by the payment gateway company or any relevant company in this capacity.

14.5. Payment is considered complete when all funds have been paid, received and cleared, as deemed by the Company.

14.6. Upon an order for a Product or Service being placed, the User is not entitled to refund, unless otherwise stipulated in these Terms ( see Cancellation & Refund Policy) or there has been an error.

14.7. We reserve the right to change prices without prior notice to the Account holder.

14.8. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per Account.

14.8.1. These restrictions may include orders placed by or under the same Account holder, the same credit card, and/or orders that use the same billing and/or shipping address.

14.8.2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

15. Cancellation & Refund Policy

15.1. To cancel a Product or Service, you must contact us in writing to inform us of you wish to cancel.

15.2. We do not provide refunds for cancellations unless otherwise stipulated in these Terms.

15.3. Provided you notify us within the Cancellation Period you will receive a refund in full.

15.4. Cancellation Period: We operate on a strict cancellations and refunds policy;

15.4.1. You notify us in writing of your wish to cancel 48-hours in advance of class start time.

15.4.2. If we cancel a Product or Service for which you paid, we will refund your payment through the same payment medium in which your payment was received.

15.5. Bookings for all Products and Services are not transferable.

16. Termination

16.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of youe Account for all purposes.

16.2. You may terminate your Account at any time by notifying us.

16.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate any Account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and Products, or any part thereof.

17. Ratings and Reviews

17.1. Within a certain timeframe after completing a Listing booking, Users and Listing Users can leave a public review (“Review”) and submit a rating (“Rating”) about each other.

17.1.1. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of the Company.

17.1.2. Ratings and Reviews are not verified by the Company for accuracy and may be incorrect or misleading.

17.2. Ratings and Reviews by Users and Listing Users must be accurate and may not contain any offensive or defamatory language.

17.3. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

17.4. Ratings and Reviews are part of a Users’ public profile and may also be surfaced elsewhere on the Website (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

18. User Listings, Comments, Feedback and other Submissions

18.1. If, at our request, you send certain specific submissions, for example listing information or community submissions, comments or you send ideas, suggestions, proposals, plans, or other materials to us ( collectively referred to as “Item(s)”), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

18.2. We are and shall be under no obligation to;

18.2.1. Maintain any Item in confidence,

18.2.2. To pay compensation for any Item or,

18.2.3. To respond to any Item.

18.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

18.4. You agree that your Items will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

18.4.1. You further agree that your Items will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products or Service or any related website.

18.5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

18.5.1. You are solely responsible for any comments you make and their accuracy.

18.6. We take no responsibility and assume no liability for any Item posted from any Account or by any third-party.

18.7. If you submit a testimonial to us using on this site, via email or post it on any of our social media profiles, then you agree that we may publish your testimonial, together with your name, on this website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.

18.7.1. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.

18.7.1.1. We will never edit a testimonial in such a way as to create a misleading impression of your views.

19. Consent to be Photographed, Filmed and Recorded

19.1. When uploading images, you consent to us using the images for any purposes we deem appropriate.

19.2. You accept that the subsequent images may be used in a number of media, including but not limited to print, digital and electronic and may be used by the Company and/or by agents authorised by the Company for promotional, advertising and/or marketing purposes in appropriate file formats via web-based and/or other digital and/or print methods. You understand and agreed that;

19.2.1. Editing may be required by the Company or by agents authorised by us for quality or technical purposes,

19.2.2. Edited subsections may be used in other Studio materials for purposes stated above,

19.2.3. The image(s) will be stored securely in appropriate file formats on reputable servers and held in accounts belonging to the Company and/or its authorised agents.

20. If you have any queries about your image consent or you wish to opt out please contact us at prior to uploading an image.

21. Code of Conduct

21.1. The Company expects all Users to conduct themselves at all times in an orderly manner, respecting the rights, privacy and property of others.

21.1.1. Due to the nature of the Services and Products, Users may be exposed to discussion of age appropriate themes, use of adult language andnd the use of age appropriate materials.

21.1.2. Users are required to demonstrate high levels of maturity and respect whilst participating on the Website.

21.2. The Company reserves the right to remove any User with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in damage, endangering others or self or in impede any User.

21.2.1. Users will be held financially responsible for any damages.

21.2.2. You agree to indemnify the Company in full for any loss or damage to other participant’s or their property as a result of your failure to follow safety instructions or maintain safety standards or in respect of any negligence which may occasion such loss or damage.

22. Damage to Accommodations

22.1. As a User booking a Listing, Service of Product, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. 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 Accommodation for the Listing User.

22.2. If a Listing User claims and provides evidence that you have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Listing User can seek payment for cover all costs.

22.2.1. If a Listing User escalates a claim to the Company, you will be given an opportunity to respond. If you agree to pay the Listing User, or the Company determines in its sole discretion that you are responsible for the Damage Claim, the Company will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the claim.

22.2.2. The Company also reserves the right to otherwise collect payment from you and pursue any remedies available to the Company in this regard in situations in which you are responsible for a damage claim, including, but not limited to, in relation to any payment requests made by Listing User.

22.3. Users agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company, in connection with any claims or other complaints or claims made by Users relating to Accommodations or any personal or other property located at an Accommodation

22.3.1. A User shall, upon the Company’s reasonable request and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by the Company or a third party selected by the Company.

22.4. All Users agree to cooperate with and assist the Company in good faith, and to provide the Company with such information as may be reasonably requested by the Company, to allow us make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as the Company may reasonably request to assist the Company in accomplishing the foregoing.

22.5. The Company is in no way accountable, liable or responsible for any damages.

23. Third-Party Providers

23.1. We utilize third-party provides for Marketing purposes of our Products and Services and other purposes we deem necessary.

23.2. Our Products and Services may be available on other third-party websites and social media websites.

23.2.1. If you have purchased one of our Services or Products on one of these third-party sources, those transactions and orders are subject to the conditions contained in these Terms.

23.3. We are not liable for any harm or damages related to the purchase or use of goods, services, products, resources, content, or any other transactions made in connection with any third-party websites.

23.3.1. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

23.3.2. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you should also immediately inform us.

24. Disclaimer

24.1. While we may help facilitate the resolution of disputes, the Company has no control over and does not guarantee:

24.1.1. The existence, quality, safety, suitability, or legality of any Listings,

24.1.2. The truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content or

24.1.3. The performance or conduct of any User or third party.

24.2. The Company does not endorse any User or Listing, Users should always exercise due diligence and care when selected a Listing or other Service and/or Product.

24.3. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by the Company.

24.4. If you choose to use the Company’s Services or Products, your relationship with the Company is limited to being an independent, third-party and not an employee, agent, joint venturer or partner of the Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of the Company.

24.4.1. The Company does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services and Products. You acknowledge and agree that you have complete discretion whether to enter our Listings or otherwise engage in other business or employment activities.

25. Prohibited Activities

25.1. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website, or its content, or our Products and Services;

25.1.1. For any unlawful purpose,

25.1.2. To solicit others to perform or participate in any unlawful acts,

25.1.3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

25.1.4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others,

25.1.5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,

25.1.6. To submit false or misleading information,

25.1.7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet,

25.1.8. To collect or track the personal information of others,

25.1.9. To spam, phish, pharm, pretext, spider, crawl, or scrape,

25.1.10. For any obscene or immoral purpose or,

25.1.11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

25.2. We reserve the right to terminate your use of the Products and Service or any related Website for violating any of the prohibited uses.

26. Privacy

26.1. All Users are obliged to seek out, read and understand the separate Company, the Website Privacy & GDPR Policy and Disclaimer.

27. Warranties

27.1. The User warrants that they have sufficient permission to purchase any Service or Product from the Company.

27.2. The Company warrants that:

27.2.1. It shall provide the Products and Services,

27.2.1.1. In accordance with the Terms and Conditions set herein,

27.2.1.2. In accordance with any and all applicable laws, regulations and statute,

27.2.1.3. With reasonable care and skill, and

27.2.1.4. In accordance with generally recognised commercial practices and standards;

27.3. The Company does not endorse or condone the opinions and views of any of User, its staff, employee, subcontractor or agent, nor shall they be considered the opinion, view or stance of the Company.

27.4. These Terms and all legal documents and information displayed on our Website set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services and Products. All conditions, warranties or other terms concerning the Services and Products which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

28. Indemnity

28.1. You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

28.2. Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this agreement or violation of any law or the rights of any party.

28.3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Users identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to

28.3.1. Ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users

28.3.2. Screen Users against third party databases or other sources and request reports from service providers, and

28.3.3. Where we have sufficient information to identify a Users, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

29. Notice

29.1. Any notice given under these Terms shall be by mail, phone or email which are our only accepted official forms of communication from you.

29.1.1. If you choose to contact us via any other means, including through our social media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.

29.1.1.1. As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channels

29.2. A notice is deemed to have been received:

29.2.1. If delivered personally, at the time of delivery;

29.2.2. In the case of e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class pre-paid post or by personal delivery before the end of the next Business Day,

29.2.2.1. All phone communications shall be made to: +44 203 475 4849

29.2.2.2. All E-mails notices shall be sent to: help@apartshub.com

29.2.2.3. All Mail shall be sent to:

Apartshub HQ

Kemp House,

160 City Road

London

United Kingdom

EC1V 2NX

29.2.3. In the case of pre-paid first class post, recorded delivery or registered post, 48 hours from the date of posting,

29.2.4. In the case of registered airmail, five days from the date of posting or,

29.2.5. If deemed receipt under the previous paragraphs of this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.

29.2.6. While the Company will, occasionally, write to you at your home or term-time address, most communication from us will be via email.

29.2.7. We will use the email you provided us with to communicate with you, and we ask you check your email account frequently, at least weekly is recommended, for important communications

29.2.8. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email or mail.

30. Confidentiality

30.1. Each party shall protect the Confidential Information of the other party and all other Customers against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care.

30.2. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.

30.3. The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:

30.3.1. Is or has become publicly known other than through breach of this clause;

30.3.2. Was in possession of the receiving party prior to disclosure by the other party;

30.4. Was received by the receiving party from an independent third party who has full right of disclosure;

30.4.1. Was independently developed by the receiving party; or

30.4.2. Was required to be disclosed by governmental authority.

31. Warranty

31.1. We do not guarantee, represent or warrant that your use of our Products or Services will be uninterrupted, timely, secure or error-free.

31.2. We do not warrant that the results that may be obtained from the use of our Products or Services will be accurate or reliable.

31.3. You agree that from time to time we may remove Products or Services for indefinite periods of time or cancel any Product or Service at any time, without notice to you.

31.4. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

31.4.1. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

32. Liability

32.1. The Company is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company, WebsitesDisclaimer Policies and Privacy & GDPR Policies.

32.2. All those involved in the Website, the Products or Services do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or service referred to on the Website.

32.3. The Company provides information sourced from a wide variety of Third Party individuals, companies and organisations. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages ( including, without limitation, damages for loss of data or profit, or due to business interruption ) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.

32.4. Nothing in these Terms shall operate to exclude or limit either party's liability for:

32.4.1. Fraud or,

32.4.2. Any other liability which cannot be excluded or limited under applicable law.

32.5. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

32.6. Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the Customer to the Company under these Terms, or such other amount as may be set out in the Specification.

33. Intellectual Property

33.1. You must acknowledge and agree that the Website and all Products and Services that may be used, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, any Documents, Product or Service or the Website, in whole or part.

33.2. You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Products, Services, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or Service and service names are trademarks and as such, are and shall remain the property of the Company. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.

33.3. Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all Services it provides to the Customer. Use of this Services are permitted only where expressly authorised by the Company as set out herein these Terms.

33.4. The Customer shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the Customer provides infringes the Intellectual Property Rights of a third party.

33.5. The indemnities within this Clause are subject to the following conditions:

33.5.1. The indemnified party promptly notifies the indemnifier in writing of the claim;

33.5.2. The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;

33.5.3. The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and

33.5.4. The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.

34. Content

34.1. The Company may, at its sole discretion, enable Users to

34.1.1. Create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Website and

34.1.2. Access and view Users content and any content that the Company itself makes available on or through the Website, including proprietary Company content and any content licensed or authorized for use by or through a third party.

35. Errors, Inaccuracies and Omissions

35.1. Occasionally there may be information on our Website, Products or Services that contains typographical errors, inaccuracies or omissions that may relate to our Service and Product descriptions, pricing, promotions, offers, and booking availability.

35.1.1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Websites, Products or Services, or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.

35.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

35.2.1. No specified update or refresh date applied in our Products, Services or on any related website, should be taken to indicate that all information in our Products and/or Service or on any related website has been modified or updated.

36. Amendments

36.1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms posting updates and changes to our website.

36.1.1. It is your responsibility to check our website periodically for changes.

36.1.2. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

36.2. You should check these Terms from time to time to ensure that you are happy with any changes.

36.3. This policy is effective from June 2020.

36.4. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.

36.5. The Customer acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.

37. Severability

37.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

38. Entire Agreement

38.1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

38.2. These and any policies or operating rules posted by us on the Website, or in respect to the Products and Service, constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms.

38.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

39. Governing Law

39.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.

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