POLICIES - TERMS OF USE
SPCE TERMS OF USE: WEBSITE AND APP
Last Updated: 6 November 2017
Introduction
The Website and App provided by SPCE, (together the “SPCE Website or App”), is operated by SPCE, The Shard, 32 London Bridge Street, London, UK, SE1 9SG (company registration number 10341227) (“we”/”us”/”our”).
If you proceed to use the SPCE Website or App, we will take this to mean that you agree to these Terms of Use of use. They will govern your use of the SPCE Website or App.
These Terms of Use are effective from 6 November 2017. We may change these Terms of Use from time to time by updating this page. Every time you wish to use the Website or App, please revisit this page to re-read these Terms of Use and to ensure you are aware of any changes. Your use of the SPCE Website or App after a change has been made constitutes your acceptance of the amended Terms of Use. We may also make changes to the Website or App from time to time.
How to Contact Us
If you have any queries regarding the SPCE Website or App or any of the information or materials contained on or in it, or about any part of these Terms of Use, please use the contact details below.
E-mail address: info@liveinspce.com
Using the SPCE Website or App
These Terms of Use set out the basic rules that govern your use of the SPCE Website or App to access information regarding the services we offer and for all other purposes including, for example administration of your online account with us. If you wish to use our service, our Terms and Conditions of Services will apply – www.liveinspce.com/terms
Please note that the SPCE Website and App is intended for use by users globally.
1.1
1.2
1.3
1.4
1.5
Terms of Use
1. Intellectual Property
Either we or third parties that are our licensors, are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in the SPCE Website or App, and in the material published on it. Your use of the SPCE Website or App grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
If you are using the SPCE Website or App and have access to a printer then you are permitted to electronically copy and to print in hard copy portions of the content of the SPCE Website or App for the sole purpose of your own personal use of this as an information resource for our Products, provided any copy which you make retains all copyright and other proprietary notices. Any other use of materials on the SPCE Website or App, including reproduction for purposes other than the above, modification, distribution or republication without our prior written consent is prohibited.
If you print off, copy or download any part of the content on the SPCE Website or App in breach of these Terms of Use, we reserve the right to suspend or terminate your use of the SPCE Website or App immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you do not comply with the requirements of these terms, or if you misuse the Website or App we, and any service or technology providers affected, may take appropriate legal action against you.
When you upload or post content to the Website or App, you grant us the following rights to use that content for various purposes including to:
1.5.1
1.5.2
1.5.3
1.5.4
1.5.5
1.5.6
verify your identify;
carry out credit checks;
marketing purposes;
form legally binding tenancy agreements;
storing data; and
analytics.
1.1
We are not responsible for viruses and you agree not to introduce them.
2.1
2.2
2.3
2. Links to Third Party Websites and Restrictions
The use of third party websites is entirely at your own risk. Links contained in the SPCE Website or App are provided for information only and will lead to other websites not under our control, and we do not make any representation as to the accuracy, completeness, timeliness or suitability of information on those other websites and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the SPCE Website or App are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
These Terms of Use do not apply to any third party linked to on the SPCE Website or App. You should read the terms and conditions of use on those other websites before using them and direct any questions or comments about the content of those other websites to the relevant website provider.
You are not entitled (nor will you assist others) to set up links from any other websites to the SPCE Website or App (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
3.1
3.2
3.3
3. Relying on the Website or App
The content of the Website or App is provided for general information only. While we have taken reasonable steps to ensure the accuracy and completeness of the information on the SPCE Website or App, all such information is provided on an “as is” basis and, except where prohibited by law, we give no warranty and make no representation regarding the accuracy or completeness of its content.
Some of the information contained on the SPCE Website or App may have been prepared or provided by third parties. Except where prohibited by law, no warranty is given that this SPCE Website or App will be available on an uninterrupted basis and no liability can be accepted in respect of losses or damages arising out of such unavailability.
All express warranties, representations, conditions of any kind or other terms implied by statute or common law with respect to the SPCE Website or App or the information, content, materials or products included on the SPCE Website or App are hereby expressly excluded to the fullest extent permitted by law.
4.1
4. Our responsibility to you for loss or damage
If you are a consumer or business user
We do not exclude liability or limit our liability to you in any way in connection with:
4.1.1
4.1.2
4.1.3
4.1.4
any death or personal injury caused by us, our employees’, or our agents’ negligence,;
or fraud or fraudulent misrepresentation;
breach of our statutory obligations which apply in connection with the supply of services to you which cannot be limited or excluded by law; or
or for any other liability that may not be limited or excluded by law.
For the avoidance of doubt, the terms of our Terms of Service will apply in connection with any services you purchase from us.
If you are a business user
4.2
4.3
Except where prohibited by law, we shall not be liable in any circumstances for any direct or indirect, special or consequential loss or damage (whether for profit or loss or otherwise) costs, claims, expenses or other claims for compensation whatsoever, whether caused by our acts, omissions or negligence or the acts, omissions or negligence of our employees or agents, which arise out of or in connection with the use of the Website or App or the information, content materials or products included on the SPCE Website or App,
In addition, except where prohibited by law, we are not liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the SPCE Website or App, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
any losses or damages arising out of changes made to the content of the SPCE Website or App by unauthorised third parties;
any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
loss or damage to your, or any third party’s, data or records;
any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action;
except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
If you are a consumer
4.4
4.5
We only provide our site for your private use. You agree not to use the [Website or App] for commercial or business purposes. We have no liability to you for any business losses, which may include loss of profit, loss of business, business interruption or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be responsible to you for any damage that you could have avoided by following our advice to apply any update offered or by taking other steps to avoid any damage.
5.1
5. Security
Please remember that the Internet is not a secure medium. Communications over the Internet such as e-mails are not secure unless they have been encrypted. We seek to keep secure all confidential information and personal information submitted to us through the SPCE Website or App, in accordance with our obligations under applicable laws and regulations. However, in common with all SPCE Website or App operators, we cannot guarantee the security of any data transmitted through the SPCE Website or App (except where the same is encrypted). Please do not communicate with us through the SPCE Website or App, or otherwise use the SPCE Website or App, unless you accept the security implications of dealing online. Information you send through the SPCE Website or App is sent at your own risk.
6.1
6. Statement of Misuse
We reserve the right to prevent your use of the SPCE Website or App if you misuse its content in any manner. Examples of misuse would include use of copyright materials on the SPCE Website or App not in accordance with these Terms of Use. We are the final arbiter as to what shall constitute misuse and our decision will be final.
7.1
7.2
7.3
7.4
7.5
7.6
7. Miscellaneous
In these Terms of Use the words “include”, “including”, “includes”, “such as”, “in particular” and any similar expression are to be construed as if they were immediately followed by the words “without limitation”.
These Terms of Use and any non-contractual obligations arising out of or in connection with them, are governed by English law. In the event of any dispute or claim relating to the SPCE Website or App, these Terms of Use or any non-contractual obligations arising out of or in connection with them, then all SPCE Website or App users to whom these Terms of Use relate agree to the resolution of such claim or dispute exclusively in the English courts, in accordance with English law, unless you are a consumer who is a resident in Scotland, then you may bring proceedings in Scotland, and if you are a resident of Northern Ireland, you may bring proceedings in Northern Ireland.
If any provision of these Terms of Use is found to be invalid or unenforceable by a court, including without limitation the liability limitations or exclusions, it will be severed from the rest of these Terms of Use which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
We may, at any time, assign any or all of our rights or obligations under these Terms of Use to any person. This includes without limitation any person who takes on responsibility for operating the SPCE Website or App (whether inside or outside our group of companies). This includes assignments where necessary as part of any restructuring relating to our companies, business or assets, or as part of a sale of SPCE Limited or its business or assets.
Rights such as may be granted to any and all SPCE Website or App users, and obligations as may be incurred by any such person, in each case pursuant to these Terms of Use, relate only to those persons, and they may not be transferred to any third party whatsoever.
8.1
8.2
8. Online Accounts
The following terms only apply to the extent that you open an online account with us via the SPCE Website or App (an “Account”).
You agree to comply with the following security procedures governing your use of your Account, for all purposes whatsoever,:
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
8.2.6
You will keep secret and secure at all times your username and password for your Account and you will never disclose them to any other person or allow any other person to use them.
You will destroy any notice from us concerning your username and password as soon as you have read and understood it.
If you know, or suspect, any other person has seen your username and password you will contact us immediately using the contact details referred to at the top of these Terms of Use. You will never leave your computer, mobile, tablet or other device unattended whilst you are logged in to your Account or let anyone else use the computer, mobile, tablet or such other device until you have logged out of your account.
You will use particular caution if you log in to your Account from a public or shared computer to ensure that others are not able to see seen your username and password.
You will tell us immediately of any unauthorised access to your Account that you know about or suspect.
You agree that we may terminate your registration to use your Account if you fail to comply with these security procedures or any other part of these Terms of Use.
8.3
Termination of your Account
8.3.1
We may cancel your account at any time for any reason and without notice, including without limitation, if:
8.3.1.1
8.3.1.2
8.3.1.3
8.3.1.4
we discover or have reason to suspect that the information or details you have provided to us about yourself is false, misleading, inaccurate or incomplete;
you have made any use whatsoever of your account or the SPCE Website or App, otherwise than in accordance with these Terms of Use;
you are using the services available through your account or the SPCE Website or App for an illegal purpose, or if we have reason to believe that your use would in our opinion jeopardise the security of the SPCE Website or App or your account, or would cause us to be in breach of any contractual duty we owe, or would be contrary, or would be in risk of being contrary, in our opinion, to any applicable laws or regulations; or
you have committed any other breach of these Terms of Use.