Terms of Use

This website (the “Site”) is owned and operated by Share There (“we”, or “Share There”) a company in the Uk having its registered office address at Stamford St London SE1 9LQ.

These Terms of Use apply to the use of the Site by you, the User. Certain capitalised terms used throughout these Terms of Use have the meaning given to them in clause 13.

 

1. Basis of Contract

1. By creating a Share There account and/or by using the Service, Users agree to be bound by these Terms of Use and agree to Share There’s  Privacy Policy which is incorporated by reference into the Contract and is available at Privacy Policy. Users should not create an account or use the Service if they do not agree to the Terms of Use.
2. The Contract shall be deemed to be entered into by the User when the User creates an account on the Site and agrees to enter into the Contract on the basis of these Terms of Use by ticking the box confirming that they have read and accept these Terms of Use.
3. In order to use the Service, Users must have or create an account by completing the account opening form or via Facebook or a Google mail account. If Users sign in using a Facebook account, Users authorise Share There to access and use certain Facebook account information, including but not limited to User’s public Facebook profile and information about Facebook friends Users might share in common with other Share There Users. For more information regarding the information Share There collects from Users and how Share There uses it, please consult our Privacy Policy.
4. Any descriptive matter or advertising issued by Share There is issued or published for the sole purpose of giving an approximate idea of the Service described therein and shall not form part of the Contract or have any contractual force.
5. These Terms of Use apply to the Contract to the exclusion of any other terms that the User seeks to impose or incorporate, or which are implied by trade, custom, practice, purchase order or course of dealing.

 

2. Supply of the Service

Share There shall make the Service available to the Users on the basis of these Terms of Use.

 

3. Obligations of all Users

1. Users shall co-operate with Share There in all matters relating to the Service.
2. Users shall comply with Applicable Laws and ensure that health and safety standards are maintained at all times.
3. Users are solely responsible for the content and information that Users post, upload or otherwise make available on the Site or transmit to other Users (the “Content”).
4. By posting Content onto the Site, Users hereby irrevocably grant to Share There a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. Such license is for the purpose of operating, developing, providing, promoting, and improving the Service. Users warrant that they are the sole legal and beneficial owner of the Content that they make available on the Service and that the Content is true and accurate at the time that the Content is made available on the Service. Users hereby indemnify Share There against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Share There arising out of any third party claim in connection with the Content that Users make available on the Site.
5. You must provide accurate, complete, and current registration information at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your Share There account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Share There immediately of any unauthorised use of your account or any other breach of security. Share There  will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Share There or another party due to someone else using your account or password. You must not use anyone else’s account at any time without the permission of the account holder.
6. Users must not use the Service for any purpose that is unlawful or prohibited by these Terms of Use and / or any document executed in writing between a Space Owner and a Space Occupier.
7. Until a booking has been made in respect of a Space, Users must only communicate with each other in respect of that Space through the Site.
8. All payments to be made between the Space Occupier and the Space Owner must be made through the Site via the Stripe payment platform or through Share There’s client account.. All Users must comply with the terms and conditions applicable to the Stripe payment platform from time to time.
9. Users are responsible for insurance against risks normally borne by occupiers of commercial premises or otherwise. If a User has any doubt about what insurance is required, they should consult their own insurers or insurance brokers.
10. Users must not use the Service in any manner that could damage, disable, overburden, or impair any Share There server, or the network(s) connected to any Share There  server, or interfere with any other party’s use and enjoyment of any Service. You must not attempt to gain unauthorised access to any servers, other accounts, computer systems or networks connected to any Share There server or to the Service through hacking, password mining or any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
11. Users must not use the Service for the promotion of third party platforms or any communication Share There judges to be unrelated to the Service and booking. Users must not require or encourage other users to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a booking.

 

4. Obligations of Space Owners

1. Space Owners must comply with the terms of any agreement entered into with Space Occupier.
2. Space Owners accept that any decision to grant use of or let a property to a particular Space Occupier is made solely by the Space Owner without any representation, warranty or statement made by Share There . Share There has no obligations to Space Owners to reinstate or repair, any properties let by Space Owners at the end of any agreement between a Space Owner and a Space Seeker.
3. Space Owners understand and agree that they are solely responsible for determining their applicable tax reporting requirements, and for any taxes to be collected or obligations relating to applicable taxes in Listings. Share There  cannot and does not offer tax-related advice.
4. It is the sole responsibility of Space Owners to obtain permission, where necessary, to enter into rental contracts and to receive payments from Space Occupier in respect of any properties.
5. Space Owners shall pay the Fees in accordance with clause 6 below.

 

5. Obligations of Space Occupiers

1. Space Occupier must comply with the terms of any agreement entered into with Space Owners.
2. Space Occupier are responsible for satisfying themselves that a Space fits their requirements, both as regards the specific features and amenities at the property and as regards the location. Share There does not guarantee that any Space is of suitable condition to be let or that Space Owners have the right to enter into rental contracts and to receive rental payments in respect of a Space.
3. Space Occupier shall pay the Fees in accordance with clause 6 below. 

 

6. Fees and Payment

1. Where a Space Occupier wishes to make a booking in respect of a Listing, either (i) the Space Occupier shall submit a ‘booking request’ through the Site (a “Booking Request”); or (ii) the Space Owner will submit a ‘payment request’ to the Space Occupier through the Site (a “Payment Request”).
2. The Site will display the total price payable by the Space Occupier in respect of the booking the Space Occupier wishes to make (the “Total Booking Price”) which shall incorporate (i) the price set by the Space Owner in respect of that booking (the “Booking Fee”); and (ii) the fee which shall be payable by the Space Occupier to Share There , which shall be a sum equal to 15% of the Booking Fee (the “Space Occupier Fee”).
3. A fee shall be payable by the Space Owner to Share There in respect of each booking which shall be a sum equal to 20% of the Booking Fee (the “Space Owner Fee”).
4. Where the Space Occupier wishes to proceed to make a booking in respect of a Listing by making a Booking Request, the Space Occupier will enter their payment details into the Site, but shall not be charged until the booking is accepted by the Space Owner. The Space Occupier has the right to withdraw from the booking until such time as it has been accepted by the Space Owner.
5. Upon the Space Owner accepting the Booking Request or the Space Occupier responding to a Payment Request by entering in their payment details, the Space Occupier shall be charged the Total Booking Price in respect of that booking. (Subject to clause 7 below) 48 hours after the Booking Period begins, the Total Booking Price shall be paid to the Space Owner (subject to clause 6.6 below).
6. In respect of each booking, the Space Owner shall pay the Space Owner Fee and the Space Occupier shall pay the Space Occupier Fee to Share There . Share There  shall be entitled to withhold a sum equal to the Share There Fee from the Total Booking Price paid to the Space Owner in accordance with clause 6.5 above.
7. Additional fees for optional parts of the Service payable by Users in connection with a booking may be set out on the Site from time to time.
8. All amounts payable under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being.

 

7. Refunds

1. During the Booking Period, Share There reserves the right to refund the Total Booking Price to a Space Occupier upon receipt of a request from a User (a Refund Request). It shall be at the sole discretion of Share There whether to grant a Refund Request, however a non-exhaustive list of the scenarios in which Share There may grant a Refund Request is set out below:
   1. the Space is no longer available or suitable;
   2. a User (being either a Space Occupier or Space Owner) is found to be in breach of these Terms of Use;
   3. the description or depiction of the Space in the relevant Listing is inaccurate;
   4. the Space contains health or safety hazards that would be reasonably expected to adversely affect the Space Occupier;
   5. the Space Owner fails to provide reasonable access to the Space to the Space Occupier; or
   6. upon the injury, illness or death of either the Space Owner or the Space Occupier.
2. Any Refund Request must be made by a User no less than 30 days prior to the start of the Booking Period.
3. Where Share There grants a Refund Request, the payment will typically take 28 days to reach the Space Occupier’s account.

4. Termination and Surrender.

 

Early Termination (by Space Owner). Notwithstanding the foregoing, Space Owner has the right to terminate this Agreement, thereby revoking the Space Occupier’s licence to use the Space, at any time, subject to the notice requirements and contractual penalties herein.  

 

Should the Space Owner exercise this right thirty (30) days or more in advance of the Commencement Date, Space Owner shall refund to Space Occupier’s any and all funds received under this Agreement but will remain liable for Share There’s fee of 20%.  

 

Should the Space Owner exercise this right less than thirty (30) days before the Commencement Date, Space Owner shall refund to Space Occupier’s any and all funds received under this Agreement, as well as a fee equal to 15% of the amount due under this Agreement to recompense the Space Occupier’s of the Share There’s fee, which shall not be refunded, in addition to Share There’s fee of 20%.

 

Should the Space Owner exercise this right on the Commencement Date or any time thereafter, it shall only do so with thirty (30) days’ prior written notice to the Space Occupier’s, and Space Owner shall pay to Space Occupier all of the following: 

 

(1) a refund, at a pro rata amount, for all days less than the full term which the Space Occupier cannot occupy the Space due to the Space Owner’s early termination; 

 

(2) a sum recognized as Early Exit Damages for costs related to the Space Occupier being forced to vacate the premises prematurely, equal to a pro rata amount for all days less than the full term which the Space Occupier cannot occupy the Space due to the Space Owner’s early termination.  This sum will equal the refund required provided in (a) of this Section but paid in addition to the refund; 

 

(3) a fee equal to 20% of the total amount due under this agreement to recompense the Space Occupier of the Storefront’s fee, which shall not be refunded; 

Early Termination (by Space Occupier). Notwithstanding the foregoing, Space Occupier has the right to terminate this Agreement at any time prior to thirty (30) days before the Commencement Date.  

 

Should the Space Occupier exercise this right thirty (30) days or more in advance of the Commencement Date, Space Occupier shall be entitled to a refund of fifty percent (50%) of funds paid under this Agreement.  (Such refund shall not include Share Theres fee.)

 

The Space Occupier shall have no right to cancel after thirty (30) days prior to the Commencement Date.

 

Surrender. Upon the natural expiration or termination of this Agreement, Space Occupier shall surrender to Space Owner the Space in the same condition existing on the date hereof (subject to reasonable wear and tear), and Space Occupier shall remove all of its property located in the Space, if any, provided, that upon such termination or expiration, Space Occupier shall have no right to the property of Space Owner. 

 

 

8. Share There’s Rights

1. Share There reserves the right, at its sole discretion, to modify the Site or Service or to modify add, or delete portions of these Terms of Use, including the Fees, at any time and without prior notice. If we modify these Terms of Use, we will post a notification on the Site or otherwise provide you with notice of the update on the Site and by email. By continuing to access or use the Site or any related Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must cease using any and all Services provided by us.
2. Users understand and agree that Share There may, but is not obligated to, monitor or review any Content Users post on the Service. Share There may modify or delete any Content, in whole or in part, that in its sole discretion violates the Contract, is illegal, inaccurate or misleading, or may harm the reputation of the Service or Share There or which could, in Share There’s view be detrimental to the operation of the Service or the Users.

 

9. Share There’s Responsibility

1. Share There is not the Space Owner / lessor of the properties or workspaces listed on the Site.
2. Share There disclaims all liability for the legality, accuracy or completeness of any Listings or Content posted on the Site by Space Owners.
3. The parties acknowledge that all Payment Transactions are made via the Stripe payment platform or Share There’s Client Account, and that Share There is not responsible, and disclaims all liability, in respect of any Payment Transactions.
4. Agreements in relation to any Listings are made exclusively between Space Owners and Space Occupier. Share There is not a party to any such agreement, or the negotiation of any such agreement, and does not fulfil any obligations derived from the contractual relationship between Space Owners and Space Occupier. If Share There does make or accept any offers, either in its own capacity or on behalf of either Space Owners or Space Occupier or any other party. Share There disclaims all liability arising from or related to any such agreements to the fullest extent permitted by law.
5. Share There does not at any time provide, or purport to provide, any advice or advisory services to tenants or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any rental agreement entered into between Users. Share There disclaims all liability relating to the provision of advice and information relating to the property. Users accept that Share There’s role is limited to that of a facilitator of introductions and conversations between Users.
6. Share There is not liable for denial of any services advertised on Share There, for example if the Space Owner refuses to provide its services to the Space Occupier.
7. Share There takes reasonable care in employing conventionally available security measures to keep data of Users safe. Share There cannot guarantee safety of this data if its servers or website application are hacked with malicious intent and Users’ data is compromised. If a User has evidence or suspects that another User is accessing their account to deface it or defame them, that User should inform Share There immediately. In response, Share There may bar access of that the offending User to its systems. Notwithstanding our attempts to prevent such activity, Share There does not assume responsibility for any subsequent successful hacking attempt of any User.
8. Although Share There provides rules for User conduct, Share There does not control or direct Users’ actions on the Site and is not responsible for the content or information Users transmit or share on the Site. Share There is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site. Share There is not responsible for the conduct, whether online or offline, of any Use.
9. Your use of the Service is at your sole risk. The Service is offered on an “as is” and “as available” basis.
10. To the extent permitted by Applicable Law, no warranty or representation on behalf of Share There is given that:
    1. the quality of any Service, information or other material purchased or obtained by you through the Site or any Service provided by or on the Site will meet your expectations;
    2. the Site or Service provided will meet your requirements;
    3. the Service will be without interruptions, always timely and secure or free from all errors;
    4. the results that may be obtained from the use of the Site or any Service provided by it will be accurate or reliable;
    5. any errors in the software of the Site will be corrected; or
    6. the Site, its servers, or any mail sent from Share There will not have viruses or harmful components. If any damage is caused to your computer system and any losses accrue it will not be the responsibility of Share There. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11. Share There, its associates and affiliates cannot guarantee the accuracy, integrity or quality of any contents. You may be exposed to contents that are offensive, indecent or objectionable. We can only ask you to inform us immediately in order to remove any offensive material.

 

10. Share There’s Liability

1. To the extent permitted by Applicable Law, Share There shall not be liable to Users, whether in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
   1. loss of profits;
   2. loss of sales or business;
   3. loss of agreements or contracts;
   4. loss of anticipated savings;
   5. loss of use or corruption of software, data or information;
   6. loss of damage to goodwill;
   7. any fines levied by a user by an regulatory authority pursuant to Applicable Laws; or
   8. any indirect or consequential loss.
2. To the extent permitted by Applicable Law, Share There shall not be liable for the deletion or failure to store any Content. Share There shall not be liable for any losses incurred by Users while the Service is not operational or is suspended.
3. To the extent permitted by Applicable Law, the maximum liability of Share There under this Contract to a User is limited to the amount a User has paid Share There for the Service received by that User via the Site.
4. This clause 9 shall survive termination of the Contract.

 

11. Intellectual Property Rights

1. The Intellectual Property Rights in the Site belong to Share There or its licensors. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Share There.
2. Unauthorised use of the material, data, design, marks, trademark, copyrights or any information may violate intellectual property laws. You acknowledge that your use of the content on the Site will not be misused in any way or violate any Applicable Laws.

 

12. Term and Termination

The Contract will remain in full force and effect while Users use the Service and/or have an Share There account. Users may terminate their account at any time, for any reason, by following the instructions in the Service. Share There may terminate or suspend Users’ accounts or the provision of the Service at any time in its sole discretion.

 

13. General

1. Assignation and other dealings: Share There may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
2. Entire agreement: the Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
3. Variation: Share There may vary or amend the Contract at any time by notice to each User in accordance with clause 7.1
4. Waiver: a waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
   1. waive that or any other right or remedy; or
   2. prevent or restrict the further exercise of that or any other right or remedy.
5. Severance: if any provision or part-provision of the Contract 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 modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
6. Third parties: no one other than a party to the Contract shall have any right to enforce any of its terms.
7. Governing law: the Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with UK law.
8. Jurisdiction: each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

14. Interpretation

1. Definitions:

Applicable Laws: means all laws which apply to the Service and/or the Users (including laws relating to the rental of property).

Booking Period: has the meaning given to it in clause 6.5.

Booking Request: has the meaning given to it in clause 6.1.

Content: has the meaning given to it in clause 3.3.

Contract: the contract between Share There and Users consisting of these Terms of Use.

Fees: means the Fees payable by Space Owners and Space Occupiers in accordance with clause 6.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Listing: means a workspace listing on the Site.

Share There Fee: means, in respect of each booking, the Space Seeker Fee and the Space Owner Fee.

Payment Transaction: means a payment in connection with a booking.

Payment Request: has the meaning given to it in clause 6.1.

Service: a platform allowing (i) Users to offer workspaces to other Users; and (ii) Users to respond to, and connect with, those offers and other Users, through the Site.

Space: means a workspace listed on the Site.

Space Owner: any User who creates and / or manages a Listing on the Site.

Space Owner Fee: has the meaning given to it in clause 6.2.

Space Occupier: any User seeking workspaces who expresses interest in a Listing (including by making bookings, enquiries or requests through the Site).

Space Occupier Fee: has the meaning given to it in clause 6.3.

Terms of Use: these terms and conditions as amended from time to time in accordance with clause 8.1.

Total Booking Price: has the meaning given to it in clause 6.1.

Users: the users of the Site including Space Owners and Space Occupier (as the case may be), each being a “User”.