Terms & Conditions

Terms and Conditions

Last updated September 2024.

These are the terms and conditions (“Terms”) of Fablefaine Limited, a company registered in England and Wales under company number 15281298 with its registered office at Goodcott, Ashreigney, Chulmleigh, England, EX18 7NE (“we”, “us” or “our”). We are the owner and operator of Fablefaine, an online marketplace that connects hosts with those wishing to use a host’s property for activities such as photoshoots and filming and other similar creative works, available at www.fablefaine.com (“Platform”).

 

1.                  Definitions

1.1.             In these Terms, the following terms have the following meanings:

“Account” means a registered account on the Platform.

“Booking” means the booking of a Property by a Creator and the terms “Book” and “Booked” shall be construed accordingly.

“Booking Fee” means the total price paid by Creators to Book a Property, as more particularly described in clause 5.3.

“Booking Period” means the period that the Creator has Booked the Property for, irrespective of the actual date/time of entry and date/time of vacation.

"Booking Request Period” means the time period starting from the time when a Creator requests a Property within which a Host must either confirm or reject that Booking request.

“Commission” means the commission payable by a Host to us in consideration for facilitating a Booking, as more particularly described in clause 5.3.

"Content” means text, graphics, images, music, software, audio, video, information or other materials made available on the Platform.

“Creator” means a Member who requests from a Host a Booking of a Listing via the Platform.

“Host” means Members who publish and offer a Property/Properties via the Platform.

“Listing” means the Property that Hosts list on the Platform as available to rent by Creators.

“Member” means a person who completes the Account registration process, whether as a Creator or a Host.

“Member Content” means all Content that a Member includes in their Listing or Member profile.

"Our Content” means all Content we either own or have licensed that we make available to you on or via the Platform or any third party sites or Platforms, but not including Member Content.

“Payout” means the payout to Hosts for Bookings, as more particularly described in clause 5.3.

“Property” and “Properties” means residential, commercial and other properties.

“Shared Content” means Member Content and Our Content.

 

 

2.                  Use of the Platform

2.1.             These Terms apply to all Members that use our Platform (whether as a Creator or a Host) (“you” or “your”) and all Content made available on it, and forms a legally binding contract between you and us. By attempting to register for an Account and using the Platform, you are deemed to have accepted these Terms in their entirety. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant to us that you have legal authority to do so.

2.2.             If you do not accept these Terms and agree to abide by them, you must not register for an Account or use the Platform.

2.3.             When Members agree a Booking on the Platform, they understand and agree that any contract between Hosts and Creators is strictly between Hosts and Creators, and we shall not under any circumstances be a party to that contract. Accordingly, we are neither an estate agent, broker, agent or insurer and we disclaim any and all liability in respect to Listings or any contracts arising from a Booking. We have no control over Listings or offline activities linked to them by Members. Members agree that they will not act or omit to act in any way that falsely represents that they are endorsed by us, they are partnered with us, or that they act on our behalf. This includes any inappropriate use of Our Content or our intellectual property rights.

2.4.             All Members must be at least 18 years old to access or use the Platform, and so by accessing and using the Platform, they represent and warrant to us that they are at least 18 years old and they have capacity to enter into a legally binding contract with us.

 

3.                  About the Platform

3.1.             We offer the Platform for Members to list and reserve Properties. Members can browse Listings without registering, but Booking or Listing a Property requires an Account.

3.2.             We serve as a facilitator in this online marketplace, connecting Hosts and Creators. We do not own, manage, or directly provide these Properties. It is important to understand that we do not oversee the specifics of Listings or the Properties themselves. All Booking transactions are conducted directly between the Hosts and Creators. We hereby disclaim any and all liability related to any and all Listings, Properties and Member Content. Members use the Platform, and list or Book Properties Solely at their own risk.

 

4.                  Account Registration

4.1.             In order to Book a Property or create a Listing, you must register to create an Account, at which point you will be deemed a Member.

4.2.             Your Account will be created in line with the information you provide as part of the registration process. Accordingly, you represent and warrant to us that all information you provide and within your Account profile is accurate, current and complete. We reserve the right to accept or reject a request to create an Account if any specified requirements are not met. You must also update us immediately if any of the information provided upon creation of the Account is no longer accurate or up to date.

4.3.             You may only hold one Account at any one time. We reserve the right to suspend and/or terminate any Account where you hold more than one Account, or if we become aware that the information you provide is inaccurate, out of date, incomplete, or fraudulent, or if you have breached these Terms.

4.4.             You must treat all identification codes, passwords, and other security information as confidential. If we think you have failed to keep such details confidential, we are allowed to disable any security information (including your passwords and codes). You are responsible for all activities on your Account, whether authorised or unauthorised. You agree that you will notify us immediately on becoming aware of any unauthorised use of your Account.

4.5.             You agree that we may require further information verification for transparency and fraud detection and prevention purposes and accordingly you agree to comply in all respects by providing any additional information or documentation necessary for this purpose.

4.6.             We respect your right to privacy and accordingly we will process all personal data we received in line with our privacy and cookies policy, available at www.fablefaine.com/privacy-policy.

 

5.                  Host Service Options and Listings

5.1.             We offer Hosts this service:

We manage the whole Booking process for you. This includes:

●        professional images of the Property; and

●        free Listing of the Property on the Platform.

                 

The copyright in these photographs will be owned by us (as detailed in clause 5.4 below), and if you would like to use these photographs outside of the Platform, we can issue a quote for a licence upon request.

5.2.             Regardless of the service, we will be responsible for the creation of a Listing on the Platform and all Listings will be given equal weight on the Platform.

5.3.             We will collect the Booking Fees and from this deduct a 20% commission (“Commission”). You will then be entitled to the difference (“Payout”), which we shall pay within 2 working days of the end of the Booking Period. You do not need to be VAT registered to List your Property on the Platform, but if you charge VAT on the Booking Fees, you will be entitled to that VAT. For example, if the Booking Fee is £200 plus VAT (£240 including VAT), the Commission is £40 and the Payout is £160 plus VAT (£192 including VAT).

5.4.             When we take professional photographs of the Property to publish with the Listing, it is the responsibility of Hosts to verify that the Listing is accurately reflected in our photographs we take. Our photographs constitute our intellectual property rights and nothing in these Terms shall be deemed to transfer such intellectual property rights to Hosts, Creators, or to any third party. We grant Hosts an exclusive, non-sublicensable, non-transferable, fully-paid licence to use our photographs in their Listings to advertise the Property but they shall have no other right to use our photographs outside of the Platform. Hosts agree that we may use our photographs in any and all online and offline marketing and promotional activities without restriction. Where the Host provides us with their own photographs, the Host grants us a exclusive, non-sublicensable, non-transferable, fully-paid licence to use those photographs in the Listings to advertise the Property, including for advertising and promotional purposes online and offline.

5.5.             As a Host, you are responsible for information contained in the Listing, and therefore we will ask you a number of questions about the Property. You will be required to provide us with information about the Property, including without limitation the property type, location, capacity, size, specific features, pricing, rules and terms of use, and availability.

5.6.             Our role is merely to provide the Platform, and we have no rights over the Listings (save for our photographs) or any Member Content whatsoever, nor do we have any control over the Listings. The mere fact that a Listing is published on the Platform does not indicate that we have verified the Property, the Host, our photographs, the Listing, or taken any other steps to ensure the legality of the Property rental. Accordingly, Hosts represent and warrant to us and Creators that:

5.6.1.       They are the legal and/or beneficial owner of the Property or have authority to act on their behalf;

5.6.2.       They are at least 18 years old and have the capacity to enter into a legally binding contract, or if they are contracting on behalf of a company, they represent and warrant that they are authorised by that company to enter into such contracts and to bind the relevant company;

5.6.3.       All Listings will be accurate, current and complete in terms of location, restrictions, regulations, availability, amenities and any other information provided and has been kept up to date;

5.6.4.       Renting the Property will not cause the Host to breach the terms of any third party legal contract, including without limitation local authority licensing, lease, mortgage, management company;

5.6.5.       All Listings will not breach the intellectual property rights of any third party; and

5.6.6.       All Listings and Bookings will not conflict with the rights of any third parties.

5.7.             Hosts must not include within the Listing anything which is false, libellous, misleading, inappropriate, offensive or discriminatory. We reserve the right to remove any Listing in breach of this provision and will not be liable for the consequences of such removal.

5.8.             During the Account registration process we may ask Hosts for various information, including whether they are VAT registered. Hosts must notify us immediately if their VAT registration status changes. Please note that Hosts are solely responsible for the payment of all taxes.

5.9.             We hereby disclaim any and all liability for a Host’s (and Creators’) compliance with these Terms and any third party contracts. Upon becoming aware of any such non-compliance, we reserve the right to remove any Listing and we shall not be liable to the Host, a Creator, or any third party for such removal.

5.10.         Hosts understand and agree that any Booking made via the Platform is a legal contract formed solely between the Host and the Creator, and accordingly we shall have no part in that contract whatsoever.

5.11.         Creators can browse the Platform for Listings, and make Bookings. Hosts understand that once a Creator has Booked a Property, the Booking Fee cannot be increased (save where additional fees are charged where a Creator stays past the Booking Period with Host consent). Once a Creator has Booked a Property, a legal contract is formed between Host and the Creator and under no circumstances shall we be a party to that contract. It is the Host’s responsibility to provide the Creator with access to the Property at the times and dates agreed in the Booking.

5.12.         It is the sole responsibility of Creators to undertake their own due diligence in relation to Hosts, Listings and Properties. Likewise, it is the sole responsibility of Hosts to undertake their own due diligence in relation to Creators and their intended use of the Booking.

5.13.         When Members use the Platform and our services, they acknowledge that any legal claims or liabilities arising from the conduct of other Members or third parties are their sole responsibility to pursue against those specific Members or third parties. We shall not be liable to Members or to any third party for these actions or omissions.

 

6.                  Bookings and Payments

6.1.             All payments made via the Platform shall be undertaken by Stripe, our third party payment provider. Payments made by Creators via Stripe shall be deemed a payment to the Host. By using the Platform and making any payments via the Platform, you agree to be bound by Stripe’s terms and conditions and privacy statements. For more information, please visit Stripe’s website at https://stripe.com/gb.

6.2.             Each Listing will confirm the Booking Fees that a Creator must pay to Book a Property, which will be the total amount payable by the Creator for that Booking. As stated above, Stripe will collect the payment from the Creator’s chosen payment method.

6.3.             As explained above, when a Booking is confirmed, a legal contract is formed between Hosts and Creators, to which we are not a party. Hosts are solely responsible for honouring Bookings and Creators are solely responsible for abiding by the rules and regulations notified to them by the Creator or contained within the Listing, including vacating when the Booking Period ends. We shall accept no liability to Hosts or Creators whatsoever where either fail to abide by the terms of the legal contract that is formed between Hosts and Creators in respect of a Booking and accordingly we disclaim any and all liability relating to that contract.

 

7.                  Creator Licences and Damages

7.1.             It is the sole responsibility of Creators to ensure that they have verified the Property they Book is suitable for their intended purpose and that they obtain all necessary permits and licences, including without limitation local authority licences and parking permits for their intended use of the Property. We hereby disclaim any and all liability to the Creator for its failure to do so.

7.2.             The Creator is solely responsible for ensuring that the Property is in the same condition in which it was found when the Creator first takes entry of the Property. The Creator further agrees that any act or omission of any person that enters the Property during the Booking Period, including without limitation the Creator’s employees, officers, workers, sub-contractors, shall be deemed to be an act or omission by the Creator.

7.3.             Where a Host claims that damage has been caused during the Booking Period, they have up to 48 hours of the end of the Booking Period, or the time at which the Creator vacated the Property (whichever is the later) to contact us with photographic and/or video evidence of the alleged damage (“Damage Claim”). We will review the evidence and provide the same to Creators for comment. If it is established that the Damage Claim is founded, then any reimbursement of the costs of damage, including but not limited making good the Property and/or replacing any damaged fittings, fixtures or items with equivalent fittings, fixtures or items, shall be made by the Creator.

7.4.             Hosts may choose to require a security deposit from Creators, which shall be specified within the Listing as a "Security Deposit". We shall endeavour, using commercially reasonable efforts, to facilitate Hosts' requests and address claims pertaining to Security Deposits. However, we assume no responsibility for managing or resolving any disputes or Damage Claims from Creators concerning Security Deposits, and hereby expressly disclaim liability for any such matters.

7.5.             Hosts and Creators agree to cooperate with us in all respects with regards to any Damage Claims, including with any insurer where the Damage Claim may be dealt with under the Host’s own property insurance or deducted from a Security Deposit (if taken), and to act in good faith so that a Damage Claim may be settled amicably.

 

8.                  Insurance and Health and Safety

8.1.             Hosts must maintain valid public liability insurance with a minimum liability cover of £5,000,000. Use of the Property by the Creator for the intended purpose, and access by all visitors during the Booking Period, including without limitation the Creator’s employees, officers, workers, sub-contractors, must not cause Hosts to breach the terms of any buildings insurance the Property is covered by, whether a standalone policy or a block insurance policy.

8.2.             Hosts must ensure that they have carried out relevant health and safety risk assessments to ensure the Creator and those entitled to attend the Property are reasonably safe while they remain at the Property.

 

9.                  The Booking Period

9.1.             When a Host accepts a Booking, the Creator has for the duration of the Booking Period a licence to use the Property for the intended purpose. The Creator may not remain in the Property past the end of the Booking Period, as to do so exceeds the licence granted as part of the Booking and therefore the Host is legally entitled to make the Creator and all persons acting for or on behalf or with Creator’s permission, leave the Property.

9.2.             An exception to the above is if the Host agrees in writing that the Creator may remain in the Property past the end of the Booking Period time, and the Booking Period will therefore continue until the modified check-out time. The Host shall be entitled to charge the Creator further fees on a rate of 1.5 times the agreed fee, such fees to be collected via Stripe in the same manner as the Booking Fee.

 

10.              Cancellations and Changes to Bookings

10.1.         If either the Host or Creator wishes to cancel a Booking, every effort must be made to reschedule the Booking for a mutually convenient time. However, if this is not possible the following charges apply:

10.1.1.    All confirmed Bookings allow a full refund for Bookings cancelled within 24 hours of the Booking Fee payment with the exception of Booking Fees that were paid within 48 hours of the Booking Period start time;

10.1.2.    If a Host or Creator cancels the Booking outside of 48 hours from the Booking Period start time, the Creator will receive a 50% of the Booking Fee as a refund.

10.1.3.    Cancellations within 48 hours of the Booking Period start time are non-refundable.

10.2.         The Host is entitled to a portion of their payout depending on when the Creator cancels the Booking outlined below:

 

10.3.         If a Creator wishes to cancel or postpone a Booking, you must do so in writing at hello@fablefaine.com  with your name, the location and the date of your Booking and we will manage the cancellation with the Host. The Creator must also use the emergency contact details on their Booking confirmation to inform the Host of the cancellation if it is less than 48 hours’ notice.

10.4.         Refunds to Creators will only apply when a cancellation has been made in writing to hello@fablefaine.com. Please pay careful attention to our cancellation policy before making a Booking so you are aware of the refunds eligible in the event of a cancellation.

 

11.              Member Responsibility and Computer Misuse

11.1.         When using the Platform, Members must not and must not enable others to:

11.1.1.             breach these Terms;

11.1.2.             make or accept a Booking so as to facilitate any illegal or unlawful activity;

11.1.3.             as a Host, submit to us any inaccurate, incomplete or out of date information in any Listing, or posting a Listing that they do not intend to honour in all respects;

11.1.4.             use the Platform to locate a Host or Creator, then circumvent the Platform by arranging a Booking outside of the Platform so as to avoid any fees which for we are entitled to receive;

11.1.5.             use the Platform for any other purpose than to facilitate the Booking of Properties by Creators;

11.1.6.             request to Book a Property if you will not actually be undertaking the creative activities the Property is intended for; or

11.1.7.             copy, store or otherwise access or use any information and/or personal data you obtain via the Platform of any Member in a way that would constitute a breach of their rights to privacy.

11.2.         In addition to the above, Members must not commit any actions contrary to the Computer Misuse Act 1990, including conducting, facilitating, authorising, or permitting any text or data mining or web scraping in relation to the Platform. This includes using (or permitting, authorising, or attempting the use of):

11.2.1.             any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information, or services accessed via the same;

11.2.2.             any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.

11.3.         In addition to the above, Members understand and accept that they must not:

11.3.1.             use the Platform in any manner which is illegal, unlawful, or in breach of these Terms;

11.3.2.             act fraudulently or maliciously, such as by hacking the Platform or introducing malicious code or harmful data, into the Platform or any service;

11.3.3.             use the Platform or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or

11.3.4.             collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

11.4.         The provisions in this section should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

11.5.         This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

11.6.         Where we suspect any breach of these Terms, we reserve the right to suspend or terminate any Account, to withdraw any Listing, and if we deem necessary, cancel any Booking made. Any refunds for sums paid or received will be considered on a case by case basis and handled at our sole discretion, acting reasonably.

11.7.         The safety of our Hosts and Creators is of the utmost importance. Should you feel that any Member you are engaging with has acted inappropriately, such as by engaging in offensive, violent or sexually inappropriate behaviour, you suspect has committed a theft, we urge you to report this to us and to the relevant authorities, such as the police, so that the matter can be investigated.

 

12.              Our Responsibility

12.1.         We shall provide the Platform with reasonable care and skill although we do not warrant that your use of the Platform will be uninterrupted or error-free. We represent and warrant that we have the full right, power, legal capacity, and authority to enter into, deliver and fully perform under these Terms and that our performance hereunder will fully comply with all applicable laws, rules and regulations in force.

12.2.         We do not guarantee to conduct identity verification or background checks on any Host or Creator and if we do, we disclaim any warranties of any kind, either express or implied, that such checks will be effective in any way.

12.3.         Where an event occurs that is outside our control, we will do our best to manage this. However, it may prevent us from providing certain parts of our Platform, and we will not be liable for this failure.

 

13.              Intellectual Property Rights

13.1.         We are the owner or licensee of the Shared Content. You are not permitted to:

13.1.1.             rent, lease, sub-license, loan or otherwise make the Shared Content available to any person;

13.1.2.             copy the content, except as part of the normal use of the Shared Content;

13.1.3.             translate, merge, adapt, vary, alter or modify the Shared Content, nor allow the Shared Content to be incorporated into other programmes;

13.1.4.             disassemble, decompile, reverse engineer or create derivative works from the Shared Content . 

13.2.         You must also comply with all applicable law when using the Shared Content. If you breach these Terms, any right to use the Shared Content shall end immediately, and you must destroy or return any copies you have made.

13.3.         When a Listing is published on the Platform, you grant us a non-exclusive, royalty free, irrevocable, worldwide licence to use, copy, modify, exploit, publish, share and transfer the Listing in any manner as we see fit. We reserve the right to make any amendments to any Listing as we see fit.

13.4.         Further, you warrant that you are the owner or licensee of all intellectual property rights in the Listing and its publication shall not infringe the intellectual property rights of any third party.

13.5.         Members acknowledge and agree that they obtain no intellectual property rights in the Member Content of a Creator where they have used a Property for a Booking. If a Member wishes to use any Member Content produced by a Creator for their own commercial or other purposes, they must obtain permission of the Creator prior to doing so.

13.6.         Hosts agree that during the course of the Booking Period, they will respect any confidentiality requests made by the Creator and their crew, including but not limited to “behind the scenes” footage.

 

14.              Disclaimers

14.1.         Your use of the Platform, our services, and the Shared Content is entirely at your own discretion and risk. We reserve the right to conduct background checks on Members, including Hosts and Creators, but there is no obligation for us to do so. Such checks, even if undertaken, do not guarantee complete accuracy or predict future conduct. The services and Our Content is provided "as is" without any form of warranty, implied or explicit. This includes no assurances of service continuity, error-free operation, or the reliability of Listings and Properties.

14.2.         We do not verify Member Content, Listings, Properties, or any statements or property details, and we are not responsible for any act or omission of Members.

14.3.         It is advisable to exercise due caution in all interactions with Members on the Platform, particularly during offline or in-person meetings. We expressly disclaim any liability for acts or omissions of any third party, including Hosts, and Creators.

 

15.              Privacy

As explained above, we will process all personal data in line with our privacy and cookies policy, available at www.fablefaine.com/privacy-policy.

 

16.              Termination

16.1.         These Terms shall continue to apply to Members for as long as their Account is registered on the Platform.

16.2.         Members may terminate their use of the Platform at any time by deleting their Account. If you cancel your Host Account, any Bookings will be automatically cancelled and the Creators will receive a full refund. If you cancel your Creator Account, any confirmed Bookings will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.

16.3.         Without prejudice to our other rights, we may:

16.3.1.    terminate your Account by giving you 30 days’ notice to the email address connected with your Account; and/or

16.3.2.    terminate your Account with immediate effect by giving you notice to the email address connected with your Account where you have materially breached these Terms, including without limitation by providing inaccurate, fraudulent or misleading information, you have infringed the rights of third parties, or if we reasonably consider it is necessary to protect the safety or property of other Members, or for fraud prevention, risk assessment, security or investigation purposes.

16.4.         In addition to the above, we may suspend your Account, withdraw Listings, or delay or cancel any Bookings while we investigate any suspected breaches of these Terms.

16.5.         Where we need to take any actions outlined in this clause, we will communicate the same to the other Members and process any refunds necessary. Under no circumstances are we liable to Hosts or Creators for any loss or damage that may result from any actions taken in good faith.

 

17.              Limitation of Liability

17.1.         You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform, services and Shared Content, your Listing or Booking of any Properties via the Platform, and any contact you have with other Members, whether in person or online remains with you.

17.2.         Neither we nor any other party involved in creating, producing, or delivering the Platform or our services, and Shared Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Platform, our services or Shared Content, from any communications, interactions or meetings with other Members of the Platform, or other persons with whom you communicate or interact as a result of your use of the Platform, or from your Listing or Booking of any Property via the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

17.3.         Our aggregate liability arising out of or in connection with these Terms and your use of the Platform including, but not limited to, from your Listing or Booking of any Property via the Platform, or from the use of or inability to use the Platform, or Shared Content and in connection with any Property or interactions with any other Members, exceed the amounts you have paid or owe for Bookings via the Platform as a Creator in the twelve months before the date on which the claim giving rise to the liability arose, or if you are a Host, the amounts paid by us to you in the twelve months before the date on which the claim arose, or £500, if no such payments have been made, as applicable.

17.4.         Nothing in these Terms shall limit our liability for death or personal injury arising from our negligence, or for fraud, or for anything else which cannot be limited or excluded by applicable law.

 

 

18.              Indemnity

By entering into these Terms, you agree to indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of a) any non-compliance by you with these Terms; b) any improper use of our Platform; c) any breach of the intellectual property rights in the Shared Content; c) your interaction with any Member or use of any Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or use.

 

19.              Links from the Platform

Links from our Platform to other websites are for information only. We don't control them and we don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them. We do not endorse any such websites.

 

20.              General

20.1.         Entire Agreement: We intend to rely on the written terms set out in these Terms. These written Terms constitute the entire agreement between you and us regarding the Platform, our services, the Shared Content, any Bookings and Listings, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Platform, our services, the Shared Content, any Bookings and Listings.

20.2.         Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and enure to the benefit of the parties, their successors and permitted assigns.

20.3.         Changes: We reserve the right to change these Terms, the Platform, our services or any fees, from time to time without prior notice. If we change these Terms, we will either post the change on the Platform, or we will contact you via your Account. We will also update the ‘Last update’ date at the start of these Terms. Your continued use of the Platform following any such changes indicates your acceptance of the new terms, and you agree to be bound by them.

20.4.         Conflict: Should there be any conflict between these Terms and any hosting Platform or payment gateway, these Terms shall prevail. 

20.5.         Third Party Rights: No third parties have any rights under these Terms, and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

20.6.         Notices: If either you or us needs to send a notice to the other, they will send it to the last email address notified to the party. Time of delivery will be the time of transmission of the email. This does not apply to the service of legal proceedings.

20.7.         Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these Terms.

20.8.         Waiver: No failure or delay by us in exercising any of our rights under these Terms shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

20.9.         Governing Law and Jurisdiction: These Terms, and any non-contractual obligations arising hereunder, are governed, and construed in accordance with the laws of England and Wales, and the courts of England have exclusive jurisdiction to deal with any dispute arising hereunder.