- Terms of Service
1. School Lettings Limited of 5 Park View Gardens, London NW4 2PR
hereinafter referred to as "SchoolHire", "we",
"us", or "our") provides an online platform
that connects schools, colleges, universities and leisure centres who have
facilities to rent ("Venues") with users seeking to rent such
facilities ("Users") (collectively, the "Services").
The Services are accessible at www.schoolhire.co.uk and any other websites through which SchoolHire makes the Services
available (collectively, the "Site"). Only registered users (a
"Member" or collectively "Members") will be
permitted to undertake a transaction using the Site. By using the Site you
agree to comply with and be legally bound by these terms and conditions
relating to the Service ("Terms"), even if you do not become a
Member. These Terms govern your access to and use of the Site, the Services and
all Content (defined below), and constitute a binding legal agreement between
you and SchoolHire.
2. By becoming a member and then accessing any information from the Site or
Services and or proceeding to engage with a Venue or a User or registering a
Listing you are deemed to have read all of these Terms, and Policies together
with any updates published from time to time and you agree to be bound by
them.
3. The Site and Services comprise an online platform through which Venues
may create Listings and Users may learn about and contract to use the Venue’s
facilities directly with the Venue using the platform. You understand and agree
that SchoolHire is not a party to any agreement entered into between a User and
a Venue and that SchoolHire has no control over the conduct of the Venues,
Users and other users of the Site or its Services. SchoolHire specifically
disclaims all and any liability over the conduct of any Venues, Users or other
users of the Site and Services to the maximum extent permitted by Law.
4. If you accept or agree to these Terms on behalf of a company or other
legal entity, you represent and warrant that you have the authority to bind
that company or other legal entity to these Terms and, in such event,
"you" and "your" will refer and apply to that company or
other legal entity.
- Definitions
"Booking" means
a request by a User to book a Facility that is confirmed by a Venue.
"Booking Request" means
a request by a User to book a Facility.
"Cancellation
Policy" means the relevant cancellation policy that the applicable
Venue uses and which a User agreed to when making a Booking Request.
"Content"
means text, graphics, images, music, software, audio, video, information or
other materials.
"Facility"
means a facility (or facilities) listed by a Venue as available for rental to
Members via the Site and Services.
"Facility
Fees" means the amounts that are due and payable by a User in exchange
for that User's use of a Facility and any additional charges the Venue has
stipulated for services such as equipment or food and drink. The Venue alone,
and not SchoolHire, determines these amounts. The Venue may in its sole
discretion decide to include in these amounts Taxes that the Venue determines
that he or she has to collect which must be clearly displayed including whether
for example VAT is included or not. If a Tax is not displayed then it will be
deemed to be included.
"Member"
means a person who completes SchoolHire's account registration process, and has
agreed to be bound by these Terms and Policies.
"Tax"
or "Taxes" mean any value added tax (VAT) or such other tax
that Venue may be required by law to collect.
"User"
means a Member who requests from a Venue a booking of a Facility via the Site
or Services.
"Venue” means an organisation that lists its
Facilities via the Site and Services.
- Modification
SchoolHire
reserves the right, at its sole discretion, to modify the Site or Services or
to modify these Terms, at any time and without prior notice. Such modifications
will not apply to completed Bookings but will apply to all uncompleted
Bookings. If we modify these Terms, we will post the modification on the Site
or via the Application or provide you with notice of the modification. For an
uncompleted Booking the User and the Venue will receive notification that any
modification has been made prior to completion of the Booking transaction. We
will also update the "Last Updated Date" at the top of these Terms.
By continuing to access or use the Site, or Services after we have posted a
modification on the Site or have provided you with notice of a modification,
you will be deemed to have accepted that you will be bound by the modified
Terms. If the modified Terms are not acceptable to you, your only recourse is
to cease using the Site and Services.
- How the site and services work
1. The Site and Services can be used to facilitate the searching, listing,
Booking and payment of Facilities. Such Facilities are listed on the Site by
Venues.
2. As stated above, SchoolHire makes available an online platform or
marketplace with related technology for Users and Venues to meet online and
arrange for bookings and payment for Facilities directly with each other.
SchoolHire's responsibilities are limited to: (i) facilitating the availability
of the Site and Services and (ii) serving as the limited payment collection
agent of each Venue for the purpose of accepting payments from Users on behalf
of the Venue.
3. All bookings for a Facility are made directly between the Venue and the
User and all Bookings are made at the Venue and Users own risk. SchoolHire
cannot and does not control the content of Facility listing and does not
control the condition or suitability of any Facility. Facilities are used by
Users at the risk of the User who should ensure that all insurances for the use
of the Facility are in place. SchoolHire specifically disclaims all and any
liability over the condition of any Facility to the maximum extent permitted by
Law.
- Account registration
In order to
access certain features of the Site and to book a Facility or create a Listing,
you must register to create an account ("SchoolHire Account")
and become a Member. You may register to join the Services directly via the
Site or as described in this section.
- Bookings and financial terms for Users
1. The Venues, not SchoolHire, are solely responsible for the performance
of any Bookings and making available any Facilities reserved through the Site.
If you, as a User, choose to enter into a transaction with a Venue for the
booking of a Facility, you agree and understand that you are entering into an
agreement directly with the Venue and that you agree to accept any terms,
conditions, rules and restrictions associated with such Facility imposed by the
Venue. You acknowledge and agree that SchoolHire will not be responsible for
the performance of any agreement you enter into with the Venue. SchoolHire is
not a party to the agreement between the User and the Venue for the use of the
Facility and with the exception of its payment obligations, SchoolHire disclaims
all liability arising from or related to any such agreement. You acknowledge
and agree that SchoolHire is acting solely as the Venue’s payment collection
agent for the limited purpose of accepting payments from you on behalf of the
Venue. Upon payment of the Facility Fees to SchoolHire your payment obligation
to the Venue for the Facility Fees is extinguished.
2. The Facility Fees payable will be displayed to a User before the User
sends a Booking Request to a Venue. As noted above, the Venue is required to
either confirm, reject) or request further information in relation to) the
Booking Request.
- Cancellations and refunds
1. If, as a User, you wish to cancel/amend a Booking made via the Site, the
Cancellation Policy of the Venue will apply to such cancellation. Our ability
to refund the Facility Fees and other amounts charged to you will depend upon
the terms of the applicable Cancellation Policy, which was identified at the
time of Booking.
2. If a Venue cancels/amends a Booking made via the Site, SchoolHire will
refund the Facility Fees (or proportion of the Facility Fees, as applicable) to
the applicable User within a commercially reasonable time of the
cancellation.
- Use By Users and Damage to facilities
Users must
use the Facility as per each Venue’s terms and conditions. As a User, you are
responsible for leaving the Facility in the condition it was in when you
arrived. You acknowledge and agree that, as a User, you are responsible for
your own acts and omissions and are also responsible for the acts and omissions
of any individuals whom you invite to, or otherwise provide access to, the
Facility. In the event that a Venue provides evidence of damage, including but
not limited to photographs, you agree to pay the cost of replacing the damaged
items with equivalent items. The recovery of damages will be a matter to be
determined between the User and the Venue and SchoolHire will have no role to
play in such determination.
- User conduct
In addition
to complying with these Terms of Use, you additionally agree not to do any of
the following in connection with your use of the Service:
1. use automated scripts to collect information from the Site or Service;
2. impersonate any person or entity, or falsely state or otherwise
misrepresent yourself or your affiliation with any person or entity;
3. upload, post, transmit or distribute any unsolicited or unauthorised
advertising, solicitations, promotional materials, or any other prohibited form
of solicitation;
4. upload, post, transmit, distribute, store or make publicly available on
the Site any private information of any third party;
5. 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;
6. intimidate or harass any third party;
7. 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;
8. use or attempt to use another party's account, service or system without
the written consent of both SchoolHire and that other party;
9. create a false identity on the Site or Service;
10. use the
Site or Service in any way that may create a conflict of interest or undermine
the integrity and purposes of the Site or Service; or
11. upload,
post, transmit, distribute, store or otherwise make available on the Site any
comments you are not properly authorised or qualified to make.
- Ownership
You
acknowledge and agree that the Site, Services and Content, including all
associated intellectual property rights, are the exclusive property of
SchoolHire and its licensors. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Site, Services, or Content.
- Links
The Site
and Services may contain links to third-party websites or resources. You
acknowledge and agree that SchoolHire is not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by SchoolHire of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources or the Content,
products or services on or available from such websites or resources.
Some
portions of the SchoolHire platform implement Google Maps/Earth mapping
services, including Google Maps API(s). Your use of Google Maps/Earth is
subject to Google's terms of use
- Proprietary rights notices
All
trademarks, service marks, logos, trade names and any other proprietary
designations of SchoolHire used herein are trademarks or registered trademarks
of SchoolHire. Any other trademarks, service marks, logos, trade names and any
other proprietary designations are the trademarks or registered trademarks of
their respective parties.
- Intellectual property policy
SchoolHire
respects the intellectual property rights of others and expects its users to do
the same.
- Feedback
We welcome
and encourage you to provide feedback, comments and suggestions for
improvements to the Site and Services ("Feedback"). You may
submit Feedback by emailing us at info@schoolhire.co.uk. You acknowledge and agree that all Feedback will be the sole and
exclusive property of SchoolHire and you hereby irrevocably assign to
SchoolHire and agree to irrevocably assign to SchoolHire all of your right,
title, and interest in and to all Feedback, including without limitation all
worldwide patent, copyright, trade secret, moral and other proprietary or
intellectual property rights therein. At SchoolHire's request and expense, you
will execute documents and take such further acts as SchoolHire may reasonably
request to assist SchoolHire to acquire, perfect, and maintain its intellectual
property rights and other legal protections for the Feedback.
- Disclaimers
1. If you choose to use the site, services or Content and participate, you
do so at your sole risk. You acknowledge and agree that SchoolHire does not
have an obligation to conduct background checks on any Member. The Site,
Services and Content are provided "as is", without warranty of any
kind, either express or implied. Without limiting the foregoing, SchoolHire
explicitly disclaims any warranties of merchantability, fitness for a
particular purpose, quiet enjoyment or non-infringement, and any warranties arising
out of a course of dealing or usage of trade. SchoolHire gives no warranty that
the Site, Services, Content, including, but not limited to, the Facilities will
meet a User's requirements or be available on an uninterrupted, secure, or
error-free basis.
2. No advice or information, whether oral or written, obtained from
SchoolHire or through the Site or Services or Content, will create any warranty
not expressly made herein.
3. You are solely responsible for all of your communications and
interactions with other users of the Site or Services and with other persons
with whom you communicate or interact as a result of your use of the Site or
Services, including, but not limited to, any Venues or Users.
- Limitation of liability
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 Site, Services and
Content, your Bookings via the Site and Services, and any contact you have with
other users of SchoolHire whether in person or online remains with you. Neither
SchoolHire nor any other party involved in creating, producing, or delivering
the Site, Services or 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 Site, Services or Content, from
any communications, interactions or meetings with other users of the Site, or
Services or other persons with whom you communicate or interact as a result of
your use of the Site or Services, whether based on warranty, contract,
tort(including negligence), product liability or any other legal theory, and
whether or not SchoolHire has 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.
2. In no event will SchoolHire's aggregate liability arising out of or in
connection with these Terms and your use of the Site and Services or from the
use of or inability to use the Site, Services, or Content and in connection
with any Facilities or interactions with any other Members, exceed the amounts
you have paid for a Booking via the Site and Services as a User in the three
month period prior to the event giving rise to the liability. The limitations
of damages set forth above are fundamental elements of the basis of the bargain
between SchoolHire and you.
- Indemnification
You agree
to release, defend, indemnify, and hold SchoolHire and its affiliates and
subsidiaries, and their officers, directors, employees and agents, harmless
from and against any claims, liabilities, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with (a) your access to or use of the Site,
Services, or Content or your violation of these Terms; (b) your (i) interaction
with any Venue or (ii) booking of a Facility; and (c) the use, condition or
rental of a Facility by you, including but not limited to any injuries, losses,
or damages (compensatory, direct, incidental, consequential or otherwise) of
any kind arising in connection with or as a result of a rental, booking or use
of a Facility.
- Entire agreement
These Terms
constitute the entire and exclusive understanding and agreement between
SchoolHire and you regarding the Site, Services, Content, any Bookings or
listing of Facilities made via the Site and Services, and these Terms supersede
and replace any and all prior oral or written understandings or agreements
between SchoolHire and you regarding Bookings or Facilities, the Site, Services
and Content.
- Severability
In the
event any provision, clause, sentence, phrase, or word in these Terms or their
application is held to be invalid or unenforceable such invalidity or
unenforceability shall not affect the validity or unenforceability of the
remainder of these Terms or the application of any such provision, sentence,
clause, phrase or word in any other circumstances.
- Notices
Any notices
or other communications permitted or required hereunder, including those
regarding modifications to these Terms, will be in writing and given by
SchoolHire (i) via email (in each case to the address that you provide) or (ii)
by posting to the Site. For notices made by e-mail, the date of receipt will be
deemed the date on which such notice is transmitted.
- Controlling law and jurisdiction
These Terms
will be governed by the laws of England and Wales and be enforceable only in a
court of competent jurisdiction in England and Wales.
- Privacy Policy
Our
collection and use of personal information in connection with your access to
and use of the SchoolHire platform is described in our Privacy Policy and
forms part of these terms and conditions.
- Contacting SchoolHire
If you have
any questions about these Terms please contact SchoolHire at info@schoolhire.co.uk