Last updated: March 1st, 2016
Please refer to Instaspace’s Privacy & Policy page and/or each individual section below for information about how Instaspace collects, uses, and discloses information about you.
2. ELIGIBILITY; ACCOUNT AND PROFILE INFORMATION
You must be at least 18 years of age to access and/or use the service. To access certain areas and features within the platform, you must register an account and create a profile. During the account registration process, you may be required to agree to additional terms of service governing certain features. All information that you provide in connection with your account and profile must be accurate, truthful, current, and complete. You will maintain the security of your account, including the password used to access the account, and will promptly notify us if you discover or otherwise suspect any security breaches related to your account. By registering for an account, you accept all risks of unauthorised access to the account. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the service if you at any time provide inaccurate, false, or misleading information in connection with your account or profile.
All information, materials and content in the platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, the “Materials”), is owned by Instaspace or is used with permission. Unless otherwise indicated, the platform (including any Materials therein) contain the valuable proprietary content of Instaspace and our licensors and are protected by copyright and other intellectual property laws and treaties. You will not use the service (including any Materials therein) except in its intended manner in accordance with these Terms.
Subject to the terms, conditions and limitations set forth in these Terms, Instaspace grants you a non-exclusive, non-transferable, revocable license to use the services (including any Materials therein) on any web browser that you own or lawfully control, solely for purposes for which the Applications are provided. The terms of the license will also govern any upgrades provided by Instaspace that replace or supplement the original service, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. If you violate any of the restrictions, your right to the service will immediately cease, and you will have infringed the copyright and other rights of Instaspace, which may subject you to prosecution and damages.
5. THIRD-PARTY PRODUCTS AND SERVICES
Instaspace may provide information about third-party products or services and include links to third-party products and services through the platform. We do not control, endorse, or adopt any third-party information on the platform and make no representation or warranties of any kind regarding third-party information, including representation or warranties as to its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, these third parties (and any terms, conditions, warranties, or representations associated with those dealings, correspondence, or promotions) are solely between you and the third parties. We are not responsible for, and will not be liable for, any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions, or any third-party information on the platform unless explicitly stated.
6. PERMITTED USE OF THE SERVICE
You are solely responsible for your conduct in connection with the platform. You will not violate any applicable state, federal, and local laws, rules, and regulations. In addition, you will not do, and will not allow or authorise any third party to do, any of the following:
USE OF THE SERVICE THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THESE TERMS SHALL RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND MAY ALSO RESULT IN LEGAL ACTION.
Your use of the service is at your own risk. Instaspace is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any associated loss, damage, injury, or harm.
7. COPYRIGHT POLICY
(a) Infringer Policy. Instaspace has adopted a policy of terminating at our sole discretion and without liability to account for such termination, account holders who are deemed to have infringed and/or may have infringed the copyright of any third party. We also may, at our sole discretion and without liability for the exercise of such discretion, limit access to the service and/or terminate the accounts of any users who infringe and/or may have infringed any intellectual property rights of any third party.
(b) Copyright Complaints. If you believe that anything within the service infringes upon any copyright that you own or control, you may file a notification with the Instaspace support team.
“Instaspace’s name, Instaspace’s logos and any other Instaspace product or service name or slogan (collectively, “Instaspace Trademarks”) are trademarks of Instaspace and may not be copied, imitated or used, in whole or in part, without the prior written permission of Instaspace or the applicable trademark holder. The look and feel of the service and our software platform, including all custom graphics, button icons, and scripts are the service marks, trademarks, or trade dress of Instaspace and may not be copied, imitated, or used (in whole or in part) without our prior written permission. All other trademarks, registered trademarks, product names, company names, and logos mentioned in the Instaspace Marks (“Third-Party Trademarks”) are the property of their respective owners, and any use of Third-Party Trademarks will inure to the benefit of the applicable trademark owner.
Instaspace may suspend or terminate your rights with respect to the service for any reason, without notice, and at Instaspace’s sole discretion and without having to give a reason and without liability for such suspension and/or termination. Suspension or termination may include restricting access to and use of the platform. Instaspace reserves the right to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the platform during suspension or after termination, and you agree that Instaspace may recover reasonable attorney’s fees and court costs from you for such actions.
10. MODIFICATIONS TO THE APPLICATION
Instaspace reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the platform and any features, information, materials, or content on the platform with or without notice to you. Instaspace will not be liable to you or any third party for any modification or unavailability or discontinuance of the platform or any portion thereof.
You will defend, indemnify, and hold harmless Instaspace from and against any third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (a) your use of the Service, the Materials, or Third-Party Trademarks; (b) your conduct in connection with the Platform, the Materials, or Third-Party Trademarks; (c) any User Content or Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Instaspace may freely transfer or assign these terms without restriction and at our discretion. Enforcement of these Terms is solely at Instaspace’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
Last updated: April 13, 2016
This User Agreement (this “Agreement“) is between you and Instaspace, (“Instaspace,“ “we,“ or “us“) and applies to your access to, use of, and participation in Instaspace’s products and services including but not limited to any content we generate for a User, as we make such products, services and content available through our software platform. If you are using the Services on behalf of an entity, you represent and warrant that you are authorised to accept the terms and conditions of this Agreement on the entity’s behalf and that the entity agrees to accept all of the terms and conditions of this Agreement. We reserve the right to change this Agreement at any time at our discretion, except as expressly set forth in this Agreement. If we make changes to this Agreement, we will provide notice of the changes such as by sending you an email, by providing notice through the Services, or by updating the “Last updated“ date at the top of this Agreement. Your continued use of the Services after we provide notice of the changes will confirm that you accept the changes. We encourage you to review this Agreement regularly to ensure that you understand the terms and conditions that apply to your use of the Services.
1. DESCRIPTION OF THE SERVICES
Instaspace provides a platform whereby Property Owners may post details of a Space. Owners and Customers may communicate with each other regarding the listing, and a customer may book the property for an agreed upon period (the Booking), at an agreed upon price, and subject to any other agreed upon terms set out in the About Space section. Instaspace does not endorse any Customer(s), any Space Owner(s) or any Space(s). Instaspace’s responsibility is to make available a neutral communication and payment platform, subject to the terms of this Agreement, through which Owners can provides details of listings and provide short term bookings of such Spaces to Customers.
(a) Adding and Managing Spaces.
As a Space Owner, you may list your space through the Services and describe Spaces you would like to make available for Customers to use, as set out in the relevant About Space section for each listing. At a minimum, the About Space section for a listing must include the following: location, size, and operation hours of the Space; all applicable charges inclusive of any Taxes; permitted and prohibited uses of the Space and any restrictions resulting from Applicable Laws including but not limited to zoning laws or restrictions and neighbourhood or condominium laws, conditions and restrictions; rules concerning utility use; limitations on personal property allowed in a Space by a Customer; the disposition of any personal property left in any Space by a Customer; and any additional special rules, terms or conditions with which a Customer must comply. You may not use the Services to make any Space available for rent, lease, sale, residential use or lodging purposes, or for criminal or illegal activities. By adding a Space, you represent and warrant the following: (i) all information provided in connection with the About Space section is accurate, truthful, current, and complete; (ii) the applicable Space is fully insured for the purposes set out in the About Space section, and has been and will continue at all applicable times to be properly maintained and free of all safety hazards; (iii) your addition of the About Space section and any licensing of the Space to a Customer do not and will not violate any agreements you have with third parties, any Applicable Laws, or any other third party rights; (iv) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Space included in the About Space section(including applicable insurance policies); and (v) you have the full right to license the property to a Customer for the purposes described in the About Space section of the property page. Owners may edit the details of or remove their Space(s) in the platform at any time prior to a Customer confirming the Booking of Space. Instaspace reserves the right to remove details of a Space at its sole discretion, at any time and for any reason and without needing to give a reason.
(b) Booking and Confirming Spaces.
As a Customer, you may issue an enquiry to book a Space through the Services by providing the desired Booking date, start and end time, number of attendees using the Space, a detailed explanation of the activity that will take place during the Booking, any requested Instaspace services, and by also submitting your payment information provided by a credit card or a debit card. By reserving a Space using the Service, you represent and warrant the following: (i) any payment information you supply is true and complete; (ii) charges incurred by you will be honoured by payment card company; (iii) that you will pay the stated price for the Space; (iv) that you will not make any alteration in, or permit any alteration to be made to, any Space; and (v) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Space included in the About Space section and that you agree to any terms and conditions set out in the Space Details. After the Customer has communicated with the Owner through Instaspace’s communication platform and has confirmed a Booking, Owners will be able to amend details such as booking times and total amount charged using Instaspace’s Invoicing Tool before sending it to customers to make payment. The Customer will be charged the Transaction Amount by Instaspace which includes processing fees, Instaspace Additional Services including any applicable fees.
Unless otherwise stated in the About Space section, the start and end time of each Booking is inclusive of all setup time as well as teardown or cleanup time.
(c) Licensing Spaces.
Once a reserved Space has been confirmed by the Owner, a binding contract will have been entered into by and between the Owner and the Customer for the short term rental of the relevant Space by the Owner, subject to this Agreement and the terms set out in the About Space section.
(d) Required Insurance.
As a Customer, once you reserve a Space you are required to have adequate insurance in place to cover any people or property associated with the Space for the activities that you will conduct there. As a Owner, you are required to have adequate insurance in place to cover any people or property associated with the use of the Space by the Customer.
3. PROCESSING PAYMENTS
(a) Taxes on Transactions Concerning Owners and Customers.
As a Owner or Customer, you are solely responsible for determining your obligations under and your compliance with Applicable Law regarding Taxes in consultation with your tax advisor. Instaspace may not, and does not, offer any Tax-related guidance to Users of the Services.
(b) Taxes on Transactions with Instaspace.
Processing Fee and any charges for Premium Services, are exclusive of Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority.
5. INTERACTIONS BETWEEN OWNERS AND CUSTOMERS
(a) Cancellations and Refunds.
In the event a Customer occupies a Space in excess of the time specified in the applicable Booking, the Customer will be subject to additional charges as provided in this Section (“Overtime Charges“). If a Customer has stayed beyond the time of his or her Booking, the Owner must alert the Instaspace team via email at email@example.com or within three (3) calendar days of the booking date and relate the circumstances of the Booking including the name of the Customer, any relevant and then-applicable Space Details, the date and time of the agreed-upon booking period as well as the time by which the Customer overstayed the Booking. All Overtime Charges shall be subject to the terms and conditions applicable to the other portion(s) of the Booking including all fees and costs.
As a Customer, you are solely responsible for (a) leaving each Space and any property provided in the condition it was provided to you; (b) your own personal conduct and the conduct of your guests and invitees, with respect to each booking made on Instaspace; (c) paying the Owner and/or third party vendor in full to repair or replace any damage that occurred while you were booking a Space. As a Owner, you must contact Instaspace within 3 calendar days at firstname.lastname@example.org in the event of any alleged damages by a Customer and provide evidence (a walkthrough report and photographs or video or other physical or documentary evidence) of such damages and reasonable estimates to repair or replace such damages. In the event a claim is made, Instaspace reserves the right to hold any payments until all disputes are resolved. Instaspace reserves the right, without the obligation, to suspend or terminate any User’s ability to use the Services in the event the User fails to communicate in a timely manner regarding any damage to any Space. Instaspace has no obligation to any Owner to make any deduction from any payment made by a Customer to Instaspace on account of any property damage, injury, or other liability resulting from or caused by the Customer or the Customer’s guests or invitees, or for any other reason.
(d) Disclaimer and Release of Liability.
All interactions between you and any other User are at your sole risk. Your use of the Services and your contact, interaction, or dealings with any third parties arising out of your use of the Services is solely at your own risk. Because the Services are merely a platform, in the event that you have a dispute with any Users or third party vendors, you release the Instaspace Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. USE OF THE SERVICES
You are solely responsible for your conduct in connection with the Services. You will not do, and will not allow or authorise any third party to do, any of the following: (a) violate any Applicable Laws, contract, intellectual property, or other third-party right, or commit a tort in connection with the Services; (b) collect or store any personally identifiable information about another User except in connection with your use of the Services or as otherwise agreed by the User; (c) add a listing that you do not own or have permission to make available for booking on the platform; (d) add a listing for any third party; (e) add a listing that may not be licensed pursuant to the terms of an agreement with any third party, including but not limited to a lease, sublease, or rental agreement; (f) add a listing with false or misleading information, (g) impersonate any third party or falsify or misrepresent yourself or your affiliate with any third party; (h) use the Services for any illegal or unauthorised purpose, or engage in, encourage, or promote any illegal activity or other activity that violates this Agreement; Your use of the Services is at your own risk. Except as expressly otherwise set forth in this Agreement, Instaspace is not responsible or liable for the conduct of, or your interactions with, any other Users or for any associated loss, damage, injury, or harm.
USE OF THE SERVICE THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND MAY ALSO RESULT IN LEGAL ACTION.
7. INTELLECTUAL PROPERTY RIGHTS
(a) The Services.
Instaspace owns all right, title, and interest in and to the Services. No license or other right in or to any Intellectual Property Rights in the Instaspace Platform or Services is transferred to you by virtue of this Agreement. You will not infringe, misappropriate, or violate any Intellectual Property Rights of Instaspace.
(b) User Information and Content.
Between Instaspace and you, you own all User Content made available to Instaspace in connection with your use of the Services. You hereby grant to Instaspace a worldwide royalty free license to use such User Content as reasonably required in order to facilitate the provision of the Services.
(c) Use of Name; Press Releases.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY INSTASPACE IN A WRITING, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INSTASPACE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY INSTASPACE MARKS, THIRD-PARTY TRADEMARKS, THE SERVICES, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU HEREBY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.
Instaspace reserves the right to modify or discontinue (whether temporarily or permanently) any or all of the Services without prior notice, and hereby disclaims all liability for any such modification, suspension, or discontinuance.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE INSTASPACE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, EVEN IF ANY OF THE INSTASPACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE INSTASPACE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE SERVICES; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOU MAY CHOOSE TO DISCONTINUE USING THE SERVICES.
You will defend, indemnify, and hold harmless the Instaspace Parties from and against any and all third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (a) your access to, use of, or conduct in connection with the Services; (b) your agreement with any Owner or Customer (c) your addition of any listing; (d) the use, condition, or booking of any listing including any injuries, losses, damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking (d) your violation of this Agreement; or (e) your violation of the rights of another.
11. DISPUTE RESOLUTION
Both you and Instaspace agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor Instaspace is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Notwithstanding this Agreement, we reserve the right, without notice and at our discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services. Instaspace reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, and you agree that Instaspace may recover its reasonable attorney’s fees and court costs from you for such actions.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Instaspace may freely transfer or assign all or part of this Agreement without restriction and at our discretion. Enforcement of this Agreement is solely at Instaspace’s discretion, and failure to enforce any part of this Agreement in some instances does not constitute a waiver of our right to enforce the same or other part of this Agreement in other instances. This Agreement is enforceable only by and between you and Instaspace; except as otherwise expressly set forth herein, there will be no third party beneficiaries to this Agreement.