Last modified: 16 January 2017
2. Your Account
By registering to use the Service (whether as a Hirer or a Workspace Owner), you agree to:
(a) provide truthful, complete and up-to-date information about you (and, if applicable, your company, business or organisation) as requested by Zipcube ('Registration Data');
(b) maintain at all times the confidentiality of your password and other information regarding the security of your Zipcube account;
(c) promptly update your Registration Data should it change; and
(d) be fully responsible for all use of, and for all actions that take place through, your Zipcube account.
3. Workspace Owners
3.1 Our Workspace Owner's Policy also governs the use of the Service by Workspace Owners. By using the Service as a Workspace Owner, you are deemed to consent to the terms of the Workspace Owner's Policy. The up-to-date version of the Workspace Owner's Policy is located at Venue owners policy.
4. Transactions Between Hirers and Workspace Owners
4.1 When renting or scheduling time in a Workspace, the Hirer agrees:
(a) to comply with any additional terms, conditions or policies provided by the Workspace Owner (electronic format through the Service or in hardcopy format) relating to the use of that Workspace ('Workspace Policies'), including without limitation compliance with the Workspace Owner's security policies, IT access and use policies, and maximum occupancy limitations;
(b) not to use the Workspace for any illegal or unlawful activity;
(c) to leave the Workspace in the same condition in which it was made available to you. You will be responsible for any repair costs for damage sustained by the Workspace and any items within it during your use of the same; and
(d) not to use the Workspace in any manner that could lead to the death or serious bodily injury of any person, or cause physical or environmental damage.
You acknowledge and agree that the Service acts as an intermediary service that allows its members to locate, rent, offer to rent, and/or make available workspaces. You acknowledge and agree that all transactions and communications with other Zipcube members are solely between you and such other members, and that you are solely responsible for such transactions and communications. You acknowledge and agree that Zipcube does not itself offer workspace rentals and that Zipcube does not itself act as an agent for any Workspace Owner or any member. You acknowledge and agree that Zipcube provides the Service to enable Hirers and Workspace Owners to transact and communicate directly with each other.
While it has no obligation to do so, Zipcube may choose to monitor any dispute between you and another member relating to your use of the Service. To the fullest extent permitted by English law, Zipcube is not and will not be responsible or liable in any manner for any loss or damage arising out of your transactions or communications with any other member and you expressly agree to release Zipcube from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions or communications.
5. Payment and Cancellations
When a Hirer, using the Service, finds a Workspace it wishes to rent and has been duly authorised to rent that Workspace by the Workspace Owner, then you agree that you must pay the appropriate rental fee.
Any reservations subsequently cancelled by a Hirer or by the Workspace Owner at a Hirer's request are subject to the cancellation policy applicable to the relevant Workspace. Cancellation policies may vary between Workspaces and Workspace Owners. By using the Service, you agree that you must pay any Workspace Owner any cancellation or change fees that may apply or that may be agreed between you and the Workspace Owner. You further agree to comply with all terms and conditions imposed in regard to your pre-paid Workspace reservation.
Sometimes cheaper rates are available on the website for a specific room, product or service, however, these rates made available by Zipcube may carry special restrictions and conditions, for example non-cancellable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
Flexible booking rates are also available on the website for a specific room, product or service, however, these rates made available by Zipcube offer special conditions, including a free cancellation policy up to 48 hours before check-in and the ability to amend the original booking up to 48 hours before the check-in. In case of a cancellation the Hirer will get a full refund of the room hire excluding the add-ons, amenities, food and beverages ordered at the moment of the booking.
7. Ownership of the Website's content
There is no limit to how long you keep a space active. Our space availability settings includes extensive options for creating timed campaigns, setup bumpers, and free-sell periods.
8. Member-Generated Content
8.1 You may be able to display certain information on designated portions of the Website or otherwise through the Service regarding you, your company, your business or your organisation including, if you are a Workspace Owner, your Workspace. Such information will constitute your 'Profile'. Your Profile will make available to other members some of your Registration Data and other content about you, your company, your business or your organisation including, if you are a Workspace Owner, your Workspace, that you upload or otherwise provide to Zipcube for use in your Profile (the 'Profile Content').
Zipcube does not verify the accuracy or authenticity of any Member Content, including any Workspace descriptions or Workspace availability information provided by Workspace Owners, and makes no representations or warranties in regard to any Member Content.
Zipcube' is a registered trademark of Zipcube, Ltd. 'Zipcube' together with the other graphics, logos, designs, scripts, and service names on the Website ('Zipcube Marks') are the trademarks or service marks of Zipcube in the UK and other countries. You may not use the Zipcube Marks in connection with any product or service in any manner that may cause confusion or create the impression that Zipcube endorses any product or service. You may not reproduce or use the Zipcube Marks without the prior written consent of Zipcube.
10. Your Conduct
(a) use automated scripts to collect information from the Service;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
(c) upload, post, transmit or distribute any unsolicited or unauthorised advertising, solicitations, promotional materials, or any other prohibited form of solicitation;
(d) upload, post, transmit, distribute, store or make publicly available on the Website any private information of any third party;
(e) upload, post, transmit or distribute any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer hardware, software, or telecommunications equipment;
(f) intimidate or harass any third party;
(g) upload, post, transmit, distribute, store or otherwise make available on the Website content that might constitute, encourage or provide instructions for the commission of a criminal offence;
(h) use or attempt to use another party's account, service or system without the written consent of both Zipcube and that other party;
(i) create a false identity on the Service;
(j) use the Service in any way that may create a conflict of interest or undermine the integrity and purposes of the Service (including without limitation trading reviews with other members);
(k) upload, post, transmit, distribute, store or otherwise make available on the Website any comments you are not properly authorised or qualified to make; or
(l) upload, post, transmit, distribute, store or otherwise make available on the Website content that, in Zipcube's sole judgment, is objectionable or may restrict or inhibit any other person from using the Website or Service, or which may expose Zipcube or its members to any kind of harm or liability.
You expressly represent and warrant that your Profile Content and Member Content and any other content you submit to the Service, or posted using your account, or otherwise posted, transmitted or distributed by you through the Service:
(a) does not violate or infringe the rights of any third party;
(b) does not contain offensive, defamatory or otherwise unlawful material, and
(c) is truthful and accurate.
11. Third Party Websites
12. Eligibility for membership
13.1 Zipcube is in no way responsible or liable for any Member Content or Third Party Content posted on the Website or displayed in connection with the Service, including the accuracy of any Workspace descriptions, Workspace availability information or Member information. Although Zipcube provides rules for its members' conduct and postings, Zipcube does not control and is not responsible for what members post, transmit or distribute on the Website and is not responsible for any offensive, inappropriate, obscene, unlawful or objectionable content you may encounter on the Website or in connection with any Member Content or Third Party Content.
13.2 Zipcube is in no way responsible or liable for the conduct of any member, including any member's non-compliance with any terms, conditions and policies relating to the use of any Workspace.
13.3 Zipcube will always seek to maintain the operation of the Service, but like all Internet-based content, the Service may temporarily be unavailable from time to time for maintenance or other reasons. Zipcube shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorised access to, or alteration of, member communications or any other content made available through the Service.
13.4 Save only where such events occur as a direct consequence of Zipcube's negligence, under no circumstances will Zipcube be responsible for any personal injury or death resulting from the use of the Service, the Website, any Member Content or Third Party Content, or any use of Workspaces, products or services provided by members.
13.6 ZIPCUBE CANNOT AND DOES NOT GUARANTEE TO WORKSPACE OWNERS OR HIRERS, AND WORKSPACE OWNERS CANNOT AND DO NOT GUARANTEE TO HIRERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A WORKSPACE.
13.7 WITHOUT LIMITING THE FOREGOING, ZIPCUBE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE TRUTHFUL, COMPLETE, RELIABLE, UP-TO-DATE OR ERROR FREE. ZIPCUBE AND WORKSPACE OWNERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY WORKSPACE RENTAL WILL MEET YOUR REQUIREMENTS.
13.8 ZIPCUBE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE
(a) AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(b) UNINTERRUPTED OR SECURE;
(c) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
(d) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.9 WORKSPACE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS CLAUSE 13 THAT APPLY TO WORKSPACE OWNERS.
13.10 THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ENGLISH LAW.
14. Limitation of Liability
14.1 IN NO CIRCUMSTANCES WILL ZIPCUBE OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, THE WEBSITE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE AND/OR THE WEBSITE, OR YOUR HIRING AND USE OF A WORKSPACE, EVEN IF ZIPCUBE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMISSSIBLE UNDER ENGLISH LAW ZIPCUBE'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZIPCUBE FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.
14.2 IN NO CIRCUMSTANCES WILL WORKSPACE OWNERS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO HIRERS FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE AND/OR WEBSITE, OR A HIRER'S USE OF A WORKSPACE, EVEN IF THE WORKSPACE OWNER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ENGLISH LAW, EACH WORKSAPCE OWNER'S LIABILITY TO A HIRER OR ANY PARTY CLAIMING THROUGH SUCH HIRER, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT YOU PAID TO THE WORKSPACE OWNER FOR THE HIRE OF THE APPLICABLE WORKSPACE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. WORKSPACE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS CLAUSE.
15. Termination or closure of your account
15.2 Zipcube may modify the Service, and all content or software used or contained in the Service, at any time.
15.3 You may close your Zipcube account at any time by providing Zipcube with notice in accordance with the instructions available through the Service. Zipcube may prevent your access to, use of, or participation in the Service, including all content therein, at any time after the termination or closure of your account. Upon termination or closure of your account, Zipcube will remove your Profile and cease to display your Profile Content, including your Workspace listings if you are a Workspace Owner, on or through the Service.
18. Governing Law
Venue Owners Policy
Last modified: 28 October 2013
2.1 In these terms and conditions the following words and phrases shall have the following meanings:
'Coupons' are discounts off rental fees that are applied at the time a Hirer makes a reservation under the Zipcube Billing Option and include both Workspace Coupons and Zipcube Coupons: a Coupon reduces the amount of the rental fee collected from the Hirer by Zipcube by the value of the discount;
'Fees Collected' are the rental fees collected by Zipcube on the Workspace Owner's behalf for reservations that were completed or considered completed under the Cancellation Policy during the calendar month in question.
'Payment Period' means a calendar month;
'Private Workspaces' are Workspaces that have been designated by their Workspace Owner as private and closed to the general public;
'Premium Services' include Standard Integrations, Workspace Networks, Workspace Chains, and Workspace Coupons and require the Premium Service Plan;
'Public Workspaces' are Workspaces that have been designated by their Workspace Owner as open and visible to the general public;
'Total Fees' means the listed rental fee for a Workspace listed on the Zipcube Service;
'Workspace Chain' is a Workspace Network where the same Workspace Owner owns or operates all the Workspaces; a Workspace Originated Member at one of the Workspaces in a Workspace Chain is considered Workspace Originated at all the Workspaces in that Workspace Chain for the purposes of calculating Service Charges;
'Workspace Coupons' are Coupons issued by Zipcube at the request of a Workspace Owner. Workspace Coupons may be applicable to all or a subset of the Workspaces registered by the Workspace Owner. When calculating the Service Charge, Zipcube will reduce the Total Fees used as the basis for the Service Charge by the value of the discount offered by any applicable Workspace Coupon(s);
'Workspace Network' is a collection of Workspaces where the Workspace Owners have agreed that a Hirer authorised to rent at one of the Workspaces is authorised to rent at any of the Workspaces in the Workspace Network;
'Workspace Originated Hirer' means a Hirer who first became a Zipcube member as a result of invitation by the Workspace Owner. More than one Workspace Owner may not introduce the same member to Zipcube. Zipcube shall determine in its sole discretion whether or not a Hirer is a Venue Originated Hirer;
'Zipcube Coupons' are Coupons issued by Zipcube that may be applicable to all Workspaces or to a subset of Workspaces at the sole discretion of Zipcube. When calculating the amount payable to the Workspace Owner in any Payment Period, Zipcube will add back the full value of any discount redeemed via a Zipcube Coupon to the Amount Due to the Workspace Owner; and
'Zipcube Originated Hirer' means any Hirer other than a Venue Originated Hirer.
3. Rentals between Hirers and Workspace Owners
3.1 As a Workspace Owner, you agree to abide by the following policies:
(a) you are solely responsible for maintaining the Workspace in a safe condition and in compliance with all applicable laws and building requirements;
(b) you are solely responsible for ensuring that the Workspace is clean, tidy and ready to use at the start of each agreed rental period;
(c) you are solely responsible for ensuring that the rental of the Workspace through the Service does not violate any lease or other agreements relating to the Workspace or any policies of the building in which the Workspace is located, and you are solely responsible for and shall fully indemnify Zipcube against any fines, losses or other liabilities arising from such violations; and
(d) if you approve a rental of your Workspace to begin at a specified time, you are solely responsible for ensuring that the Workspace is available to the Hirer at that time.
3.2 Hirers and Workspace Owners may both submit feedback to the Service following the completion of a Workspace rental transaction. You acknowledge and agree that other members may publicly post ratings and reviews of you and/or your Workspace. You acknowledge and agree that Zipcube may, but is not obliged to, monitor such postings and that Zipcube is not responsible for any ratings and/or reviews given by Hirers. You expressly release Zipcube from any and all claims, causes of actions, obligations or liabilities arising from or relating to ratings and/or reviews given by Hirers.
4.1 As a Workspace Owner, you may establish the rental fee for your Workspace.
4.2 At the end of each calendar month, Zipcube shall, subject to the other provisions of this clause 4, pay to the Workpace Owner the difference between the Fees Collected and the Service Charges due for that month (the 'Amount Due').
4.3 If the Amount Due in any calendar month is equal to or greater than fifty pounds sterling (£50), then Zipcube will pay the Workspace Owner the Amount Due within fifteen (15) days of the end of such calendar month.
4.4 If the Amount Due to a Workspace Owner in any calendar month is less than fifty pounds sterling (£50), then Zipcube will carry over the Amount Due to the next calendar month until the total Amount Due to that Workspace Owner is greater than fifty pounds sterling (£50).
4.5 If in any calendar month the Service Charges exceed the Fees Collected, Zipcube will invoice the Workspace Owner for any amount owed by the Workspace Owner that exceed two hundred and fifty pounds sterling (£250) and the Workspace Owner shall pay such amounts within thirty (30) days of the date of Zipcube's invoice.
4.8 You agree to pay all applicable taxes or charges imposed by any competent government entity in connection with your use, or Zipcube's supply, of the Service, including without limitation any sales or value-added taxes or charges imposed by any competent government entity in connection with your use, or Zipcube's supply, of the Service.
4.10 If Zipcube believes it is obliged to obtain tax information from you, and you do not provide this information upon request, Zipcube may withhold all payments due to you until you provide the requested tax information or confirm in a manner that is satisfactory to Zipcube that you are not a person or entity from whom Zipcube is required to obtain such information.
4.11 Any bank fees incurred by Zipcube that arise from any error or omission in your payment or contact information may be deducted from your payments.
4.13 The following Service Charges apply only to Public Workspaces:
(a) For rental transactions billed by Zipcube:
(i) for each rental transaction with a Zipcube Originated Member, the Service Charge will be equal to fifteen per cent (15%) of the Total Fees;
(ii) for each rental transaction with Workspace Originated Member, the Service Charge will be equal to five per cent (5%) of the Total Fees.
(b) There will be no Service Charge due for rental transactions billed to the Hirer directly by the Workspace Owner or for reservations cancelled and refunded under the terms of the applicable Cancellation Policy.
5. Use of Workspaces by Zipcube employees and contractors
5.1 Each Workspace Owner authorises Zipcube and its employees and contractors to use its Workspace(s) as needed for the purposes of testing and operational support, and the Workspace Owner will grant access to Zipcube, its employees and contractors for this reason. Any use of such Workspace(s) through the Service by Zipcube, its employees and contractors that is necessary for the purposes of testing and operational support shall be at no charge to Zipcube.
6. Representations and Warranties
6.1 You represent and warrant that:
(a) any Workspace you offer for rental hereunder is free of any known conditions or defects that would pose a hazard to, or risk the safety of, any Hirer or any third party; and
(b) you have sufficient rights in and to the Workspace to participate in the Service as a Workspace Owner, and your participation in the Service as a Workspace Owner does not violate or result in the breach of any agreement between you and any third party, including any lease agreement or other agreement relating to the Workspace or the building in which the Workspace is located.
Last modified: 28 October 2013
2. Information we may collect from you
We may collect and process the following data about you: Information that you provide by using our site www.zipcube.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. If you contact us, we may keep a record of that correspondence. Details of transactions you carry out through our site and of the fulfilment of your orders. Details of your visits to our site [including, but not limited to, traffic data, location data and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access. Anonymous information from 3rd party sites who have referred you to our site.
3. Payment details
Zipcube does not store any personal banking details. Any payment transactions are carried out by reputable 3rd parties and only they will hold your details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4. Uses Made Of The Information
We use information held about you in the following ways: Anonymous information from 3rd party sites who have referred you to our site. To gather feedback on our product so that we can provide the best service for you. Details of transactions you carry out through our site and of the fulfilment of your orders. To carry out our obligations arising from any contracts entered into between you and us. To notify you about changes to our service.
5. Disclosure of Your Information
We may disclose your personal information to third parties: We may disclose your personal information to the opposite party of a booking. i.e If you are a Customer, we may provide the Venue with relevant personal information and vice versa. This will only happen when you have chosen to participate with that booking. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Zipcube Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Customers will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of and other agreements; or to protect the rights, property, or safety of our Customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
6. Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking the appropriate boxes on the forms we use to collect your data or clicking certain links in any emails we send. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
8. Access To Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.