These Terms of Use were last updated on 10th June 2019

These Terms of Service constitute a legally binding agreement between you and WeCoffee (as defined below) governing your access to and use of the WeCoffee website including any subdomains and any other channels through which WeCoffee makes its services available. The Site and WeCoffee Services together are collectively referred to as the “WeCoffee Platform”.

When these Terms mention “WeCoffee,” “we,” “us,” or “our,” it refers to WECOFFEE LTD. Whether your Country of Residence is the United Kingdom or not, you are contracting with Wecoffee ltd, 18a Woodland Terrace, London, United Kingdom, SE7 8DD.

Our collection and use of personal information in connection with your access to and use of the WeCoffee Platform is described in our Privacy Policy which complies with all relevant data protection laws.

WeHosts (As defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and WeHost Services (As defined below). WeHosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Certain types of services may be prohibited altogether. Penalties may include fines or other enforcement.

Please read these Terms carefully before using our services as these Terms will apply to all of our services made available to you through the WeCoffee Platform. By accessing and using the WeCoffee Platform, you agree to be bound by these Terms. If you do not accept these Terms, you should not use the WeCoffee Platform.

If you have any questions about our Terms, please contact contact@wecoffee.io.

1. INTERPRETATION

1.1 The following definitions apply to these Terms:

● WeCoffee Platform: The Site and any other related subdomain or service

● WeCoffee Services: The services performed by WeCoffee in connection with the WeCoffee Platform

● Booking modifications: Any modifications to a booking which are made by either the User or the WeHost after the booking has been confirmed

● Booking fee: The fee the WeHost agrees to pay to WeCoffee for every booking made through the platform

● Offers: Any products or services offered by the WeHost for which charges may apply as specified in the Listing

● WeHost: A Member who provides WeSpaces and services to Users via the WeCoffee Platform

● WeHost Services: The services provided by the WeHost to Users via the WeCoffee Platform

● WeSpace: The space made available to Users by the WeHost on the WeCoffee Platform

● Listing: The publication of the WeSpace and the WeHost Services on the WeCoffee Platform

● Service fees: The fees WeCoffee may charge the WeHosts in consideration of the use of the WeCoffee Services (Includes booking fee and premium subscription fee)

● Member: A registered member of the WeCoffee Platform

● Member Content: Any content including but not limited to text, graphics, photographs, images, illustrations, audio clips and video clips which are created, uploaded, posted, sent, stored or otherwise made available by a Member on the WeCoffee Platform

● Payment Method: The financial instrument (such as credit card, debit card or PayPal) selected by the Member via their WeCoffee Account

● User: A Member who books a WeSpace via the WeCoffee Platform and uses WeHost Services

● Third Party Services: The services provided exclusively to Members by a third party which may be accessed via the WeCoffee Platform from time to time

● Third Party Sites: The websites of third parties which may be accessed by Members via the WeCoffee Platform from time to time

● Site: The website www.wecoffee.io

1.2 In these Terms:

● Words importing one gender shall be treated as importing any gender;
● Words importing individuals shall be treated as importing bodies corporate, corporations, unincorporated associations and partnerships and vice-versa;
● Words importing the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be treated as including a reference to any part;
● Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be perceived as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
● A reference to writing or written includes email.

2. SCOPE OF WECOFFEE SERVICES

2.1 The WeCoffee Platform enables Members to communicate with each other and transact directly for the purposes of advertising and booking WeSpaces.

2.2 The WeCoffee Platform enables:

● WeHosts to publish a Listing of a WeSpace and any WeHost Services that they offer on the WeCoffee Platform;
● Users to search for WeSpaces, review Listings and book WeSpaces via the WeCoffee Platform.

2.3 WeCoffee is only a provider of the WeCoffee Platform and does not own, control, manage, offer or deliver any Listing or WeHost Services. When Members place or accept a booking, they are entering into a contract directly with each other on the basis of these Terms and any specific terms and conditions of the WeHost, which may be specified in the Listing. In the event of any conflict between these Terms and the Listing, these Terms shall prevail.

2.4 WeCoffee is not acting as an agent in any capacity for any Member.

2.5 While we may help facilitate the resolution of disputes, WeCoffee has no control over and does not guarantee:

● The existence, quality, safety, suitability, or legality of any Listings or WeHost Services;
● The truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined above);
● The performance or conduct of any Member or third party. WeCoffee does not endorse any Member, Listing or WeHost Services.

2.6 If you choose to use the WeCoffee Platform as a WeHost (as defined above), your relationship with WeCoffee is limited to the provision of marketing services as a third-party provider, and not an employee, agent, joint-venturer or partner for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of WeCoffee. WeCoffee does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the WeHost Services. You acknowledge and agree that you have complete discretion whether to list WeHost Services.

2.7 To promote the WeCoffee Platform and to increase the exposure of Listings to potential Users, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WeCoffee cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WeCoffee Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

2.8 Due to the nature of the Internet, WeCoffee cannot guarantee the continuous and uninterrupted availability and accessibility of the WeCoffee Platform. We may restrict the availability of the WeCoffee Platform or certain areas or features if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WeCoffee Platform. WeCoffee may improve, enhance and modify the WeCoffee Platform and introduce new WeCoffee Services from time to time.

3. WECOFFEE ACCOUNT REGISTRATION AND SECURITY

3.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the WeCoffee Platform. By accessing or using the WeCoffee Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

3.2 We restrict access to certain parts of the WeCoffee Platform to visitors of the Site who already have registered a WeCoffee Account. You must register a WeCoffee Account in order to publish a Listing or to book a WeSpace.

3.3 If you register on WeCoffee Platform, you must provide true and accurate information about yourself and keep your WeCoffee Account up-to-date at all times. Should the registration information provided prove false or misleading, we may suspend or terminate your WeCoffee Account.

3.4 You must not select or use a name of another person as your WeCoffee Account ID with the intent to impersonate that person. If you misuse your WeCoffee account in breach of these Terms, we reserve the right to refuse registration or cancel your WeCoffee Account at our discretion.

3.5 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. In spite of the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:

● Ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,
● Screen Members against third party databases or other sources and request reports from service providers, and
● Where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent a version of background or registered sex offender checks in your local jurisdiction (if available).

3.6 You must notify us at contact@wecoffee.io of any known or suspected unauthorised use(s) of your WeCoffee Account, or any known or suspected breach of security on the WeCoffee Platform.

4. MODIFICATIONS OF THESE TERMS

4.1 WeCoffee reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WeCoffee Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the WeCoffee Platform will constitute acceptance of the revised Terms.

5. SITE CONTENT & MEMBER CONTENT STANDARDS

5.1 Apart from the Member Content, all materials displayed or performed on the WeCoffee Platform (including, but not limited to text, graphics, photographs, images, illustrations and video clips) are protected by trademarks, database right and other intellectual property rights, which are owned or controlled by us or our third-party content providers. You may not sell, reproduce, modify, copy, distribute or use for any commercial purpose any such materials without our written consent.

5.2 We may at our sole discretion, enable Members to create, upload, post, send, receive and store content, such as text, graphics, photographs, images, illustrations and video clips and information on or through the WeCoffee Platform. By creating, uploading, posting, sending, receiving, storing or otherwise making available any Member Content on the WeCoffee Platform, you grant WeCoffee a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and transferable licence to access and use such Member Content. Including but not limited to:

● Copy, electronically store, use, publish, display, communicate, broadcast, transmit, make available and distribute the Member Content;
● Change, amend or develop the Member Content and create derivative works from it;
● Exploit in any such manner the Member Content.

5.3 We do not monitor or moderate the Member Content that you upload to the WeCoffee Platform and neither do we screen users or Members. You use the WeCoffee Platform at your own risk and you should take care with any Member Content you post or access on the WeCoffee Platform.

5.4 The following content standards apply to any Member Content you upload to, display on, distribute or publish through the WeCoffee Platform, and to your use of the WeCoffee Platform. You must not upload, post, email or otherwise transmit any Member Content that:
● Is libellous, defamatory, obscene, abusive, or violates any law,
● Infringes any patent, trademark, database right, trade secret, copyright or other proprietary right of any party,
● You do not have the right to transmit under any law or contractual relationship (such as confidential information),
● Contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas that are clearly designated for such purpose,
● Contains viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment,
● Is pornographic, sexually explicit or obscene.

5.5 You shall be civil and show respect for other Users and Members. You shall not interfere with another person’s use or enjoyment of the WeCoffee Platform.

5.6 WeCoffee may offer WeHosts the option of having professional photographers take photographs of their WeHost Services, which are made available by the photographer to WeHosts to include in their Listings. You acknowledge and agree that WeCoffee shall have the right to use any uploaded images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. You grant to WeCoffee an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. WeCoffee grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use these images outside of the WeCoffee Platform solely for your personal and non-commercial use.

5.7 We will determine, at our discretion, whether any Member Content breaches our content standards. Failure to comply with the content standards constitutes a material breach of these Terms and may result in further actions which may include (at our discretion):

● Immediate, temporary or permanent withdrawal of your right to use the WeCoffee Platform and the WeCoffee Services,
● Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach,
● Disclosure of such information to law enforcement authorities as we feel is necessary or as required by law.

6. LAWFUL USE

6.1 You may use WeCoffee Platform only for lawful purposes. You must not use WeCoffee Platform:
● In any way that breaches any applicable local, national or international law or regulation;
● In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
● For the purpose of harming or attempting to harm minors in any way;
● To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as stated in these Terms or any other WeCoffee policy which relates to the use of the WeCoffee Platform of parts of the WeCoffee Platform.

6.2 The WeHost is responsible for ensuring at all times that:
● The WeSpace is safe, including with respect to fire safety,
● They have the right to allow the WeSpace to be used by the User in the manner described in the Listing,
● The WeSpace complies with applicable laws and other regulations (including having all of the required permits, licences and registrations and food hygiene standards).

6.3 We ask you to respect the property of others. You may use a WeSpace which you book via the WeCoffee Platform only for lawful purposes and in compliance with these WeSpace standards. You must not use a WeSpace:
• In any way that causes a disturbance or nuisance to others;
• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• To steal or vandalise property that is not your own.

7. SERVICE FEES

7.1 WeCoffee may charge fees to WeHosts (“Service Fees”) in consideration for the use of the WeCoffee Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

7.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a WeHost or User prior to publishing or booking a Listing. WeCoffee reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

7.3 WeCoffee Fees are charged to a WeHost’s via a monthly invoice. Payments are to be made via bank transfer in pound sterling within ten working days upon reception of the invoice.

7.4 Where we collect any Listing Fee on behalf of the WeHost and are responsible for remitting payments for bookings to the relevant WeHost, we may use a third-party payment service to fulfil this payment service. Your access to or use of such services may be subject to, or require you to accept, additional terms and conditions of a third party payment service provider. Third party service providers may charge you additional fees when processing payments and we are not responsible for any such fees and disclaim all liability in this regard. Additional terms and conditions are imposed by the relevant third-party payment service provider and are subject to different terms and conditions and privacy practices which you should familiarise yourself with.

7.5 Your Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider and are subject to different terms and conditions and privacy practices which you should review independently.

8. TERMS FOR WEHOSTS

8.1 These Terms come into force when validating a Listing. These Terms will automatically renew in successive 12 months periods, unless terminated by WeCoffee or the WeHosts on 1-month notice, or otherwise in accordance with the provisions set out in clause 11.

8.2 The WeHost is responsible for the accuracy of their Listings including the provision of an accurate description of the WeSpace, the WeHost Services and the price for the Listing and any additional charges for amenities or extras. The WeHost must keep their Listing(s) up-to-date at all times.

8.3 Listings must not be misleading and must include accurate and up-to-date information concerning the:
● Calendar availability of the WeSpace;
● Exact location of the WeSpace;
● WeHost’s contact details, including but not limited to, email, telephone;
● Any additional details which may affect a User’s use of the WeSpace such as engineering works, unusual activities, unusual opening hours, or any other restrictions.

8.4 WeHosts must not mislead other Members about the type, nature, or details of any Listing, substitute one Listing for another, set up fake or fraudulent Listings, engage in deceptive pricing, or fail to disclose hazards concerning the WeSpace. WeHosts will be liable for any injuries or other prejudices caused to the Users by their own negligence.

8.5 The WeHost may set up their own terms and conditions in the Listing. The WeHost’s terms and policies must not conflict with these Terms. These Terms shall prevail in the event of a conflict between the WeHost’s terms and policies and these Terms.

8.6 When you accept a booking you are entering into a legally binding agreement with the User on these Terms and the terms and conditions you might add in your Listing.

8.7 If not in place already, WeCoffee highly recommends that WeHosts obtain appropriate insurance for their WeSpace and the WeHost Services.

8.8 The placement and ranking of Listings in search results on the WeCoffee Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, WeHost requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of WeHost Service, and/or ease of booking. As part of the Premium Servcies sheeme, WeCoffee may offer WeHosts to bid for a better ranking of their Listings.

9. LISTING A WESPACE

9.1 Unless expressly allowed by WeCoffee, you may not list more than one WeSpace per Listing.

9.2 You represent and warrant that any Listing you own and the booking, or a User’s stay at a WeSpace will:

● Not breach any agreements you have with any third parties;
● Give access to power and wifi to any user booking your WeSpace;
● Comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a WeHost, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the WeSpace at your request or invitation, excluding the Users and other customers.

10. TERMS FOR USERS

10.1 You will receive a booking confirmation email from us. A legally binding agreement is formed directly between you and the WeHost upon your receipt of the booking confirmation which is based on these Terms and the WeHost’s terms and conditions which are specified in the Listing.

10.2 When validating a booking, you agree to use the WeSpace in accordance with the standards set out in these Terms and any additional terms and conditions specified in the WeHost’s Listing.

11. TERMINATION

11.1 A Member may terminate their contract with us at any time by cancelling their WeCoffee Account or by sending us an email at contact@wecoffee.io under the following conditions:
● If you are a User and you cancel your WeCoffee Account, any confirmed booking(s) will be automatically cancelled without refund.
● If you are a WeHost you may cancel your WeCoffee Account at any time, under a one-month notice (See clause 8.1) unless you still are in your free period trial in which case your account will be terminated in the 24h following your request. Following such cancellation, you will not be entitled to any compensation for pending or confirmed bookings that are automatically cancelled.

11.2 We may terminate our contract with you at any time without reason upon written notice by email to the email address registered to your WeCoffee Account.

11.3 We may terminate our contract with you immediately and without notice if:
● You have materially breached your obligations under these Terms (including the content standards),
● You have violated applicable laws, regulations or third-party rights.

11.4 If we terminate our contract with you, your WeCoffee Account will automatically be cancelled. You will no longer have access to the WeCoffee Platform. Any data, messages, files, payment information or other data stored on the WeCoffee Platform may be deleted.

11.5 Any provision of these Terms that expressly or by implication is intended to come into force or continue after termination or expiry of these Terms shall remain in full force and effect. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected.

12. BOOKING MODIFICATION, CANCELLATION AND REFUNDS

12.1 WeHosts and Users are responsible for any modifications to a booking that they make via the WeCoffee Platform or direct WeCoffee customer service to make and agree to pay any additional Listing Fees, WeHost Fees and/or Taxes associated with such Booking Modifications.

12.2 If a WeHost cancels a confirmed booking, WeCoffee may publish an automated review on the Listing cancelled by the WeHost indicating that a booking was cancelled. In addition, WeCoffee may:
● Keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or
● Impose a cancellation fee, unless the WeHost has a valid reason for cancelling the booking pursuant extraordinary circumstances or has legitimate concerns about the User’s behaviour.

12.3 In certain circumstances, WeCoffee may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons such as:
● WeCoffee believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to WeCoffee, other Members, third-parties or property;
● For any of the reasons set out in these Terms.

13. RATINGS AND REVIEWS

13.1 Within a certain timeframe after completing a booking, Users and WeHosts can leave a public review and submit a star rating about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of WeCoffee. Ratings and Reviews are not verified by WeCoffee for accuracy and may be incorrect or misleading.

13.2 Ratings and Reviews by Users and WeHosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and 6.

13.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

13.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the WeCoffee Platform together with other relevant information such as number of bookings, number of cancellations and other information.

14. PROHIBITED ACTIVITIES

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WeCoffee Platform. In connection with your use of the WeCoffee Platform, you will not and will not assist or enable others to:

● Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
● Use the WeCoffee Platform or collective content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WeCoffee endorsement, partnership or otherwise misleads others as to your affiliation with WeCoffee;
● Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the WeCoffee Platform in any way that is inconsistent with WeCoffee’s Privacy Policy or these Terms or that violates the privacy rights of Members or third parties;
● Offer, as a WeHost, any WeSpace that you do not yourself own or have permission to make available through the WeCoffee Platform;
● Use the WeCoffee Platform in connection with the distribution of unsolicited commercial messages;
● Use the WeCoffee Platform to request, make or accept a booking independent of the WeCoffee Platform, to circumvent any Service Fees or for any other reason;
● Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
● Unless WeCoffee explicitly permits otherwise, book any Listing if you will not actually be using the WeHost Services yourself;
● Use, display, mirror or frame the WeCoffee Platform or Collective Content, or any individual element within the WeCoffee Platform, WeCoffee’s name, any WeCoffee trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WeCoffee Platform, without WeCoffee’s express written consent;
● Dilute, tarnish or otherwise harm the WeCoffee brand in any way, including through unauthorized use of Collective Content, registering and/or using WeCoffee or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WeCoffee domains, trademarks, taglines, promotional campaigns or collective content;
● Avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological measure implemented by WeCoffee or any of WeCoffee’s providers or any other third-party to protect the WeCoffee Platform;
● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WeCoffee Platform;
● Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WeCoffee Platform for any purpose;
● Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WeCoffee Platform;
● Export, re-export, import, or transfer the platform except as authorized by United Kingdom law, the export control laws of your jurisdiction, and any other applicable laws;
● Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behaviour, anyone you suspect of stealing from you, or anyone who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WeCoffee by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. AVAILABILITY & SUPPORT

15.1 You are using the WeCoffee Platform at your own risk and we are under no obligation to provide you with any technical support or to correct any errors, although we reserve the right to do so. If you experience any difficulty using the WeCoffee Platform you can contact us by email to contact@wecoffee.io and we shall endeavour to respond to your enquiry.

15.2 While we try to make sure that the WeCoffee Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Any reliance that you may place on the information on the WeCoffee Platform is at your own risk.

15.3 While we try to make sure that the WeCoffee Platform is available for your use, we do not promise that the WeCoffee Platform is available at all times nor do we promise the uninterrupted use by you of the WeCoffee Platform.

16. PRIVACY

16.1 We process information about you in accordance with our Privacy Policy. Please read our Privacy Policy carefully as it contains important information about your personal information.

17. LINKS

17.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw any linking permission without notice.

17.2 Where our Site contains links to Third Party Sites, these links are provided for your information only. We have no control over the contents of Third Party Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of a Third Party Sites or Third Party Services may be governed by the terms and conditions of that third party.

18. DISCLAIMER

If you choose to use the WeCoffee Platform or content, you do so voluntarily and at your sole risk. The WeCoffee Platform and content are provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the WeCoffee Services, laws, rules, or regulations that may be applicable to your Listings and/or WeHost Services you are receiving and that you are not relying upon any statement of law or fact made by WeCoffee relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law. We disclaim warranties of any kind, either expressed or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Events or WeHost Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some WeHost Services may carry risk of illness, body injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those WeHost Services. You assume full responsibility for the choices you make before, during and after your participation in a WeHost Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

19. LIABILITY

19.1 To the maximum extent permitted by law, we will not have any liability to you (whether in contract, tort (including negligence) or otherwise) in connection with:
• these Terms;
• the content (including Member Content) published on the WeCoffee Platform;
• your use or inability to use the WeCoffee Platform;
• your use or inability to use the WeCoffee Services (including the Payment Services);
• your interaction with any Member, or use of or inability to use a WeSpace, or any WeHost Service, Amenities or Extras or any defect in the WeSpace;
• a Listing which you publish on the WeCoffee Platform;
• a booking which you make via the WeCoffee Platform.

Our maximum liability in any calendar year to:

• a WeHost shall be limited to 50% of the total Service Fees paid by the WeHost to WeCoffee in that calendar year;
• a User shall be limited to fifty pounds (£50) in that calendar year.

19.2 Nothing in these Terms shall limit or exclude our liability of for death or personal injury caused by our own negligence or fraud or fraudulent misrepresentation.

20. INDEMNIFICATION

20.1 You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of:
• the content (including Member Content) you submit, post or transmit via the WeCoffee Platform;
• your use or misuse of WeCoffee Platform or the use or misuse by any person for whom you are responsible;
• your use or misuse of WeCoffee Services or the use or misuse by any person for whom you are responsible;
• your interaction with any Member, use of a WeSpace, or any WeHost Service;
• a Listing which you publish on the WeCoffee Platform;
• a booking which you make via the WeCoffee Platform;
• your breach of these Terms;
• your breach of any laws, regulations or third-party rights.

21. FEEDBACK & DISPUTE RESOLUTION

21.1 If you wish to provide feedback or to make a complaint in relation to our services, please email contact@wecoffee.io.

21.2 If a complaint you make remains unresolved, we can consider various methods of dispute resolution.

22. GOVERNING LAW & JURISDICTION

22.1 These Terms shall be governed by and constructed in accordance with the laws of England and Wales. In the event of any dispute arising in relation of these Terms or in relation to the WeCoffee Platform or the provision of any services by us the English courts will have exclusive jurisdiction over such dispute.

23. GENERAL

23.1 These Terms constitute the entire agreement between us for the use of the WeCoffee Platform and the services available through it.

23.2 No person other than us and Members shall have any rights to enforce any of these terms.

23.3 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us or any Member, constitute us or any Member the agent of any Member, or authorise us or any Member to make or enter into any commitments for or on behalf of any other Member.

23.4 If any part of these Terms is unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

23.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

23.6 In the event that we are acquired by, or merged with a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity. We may also transfer any or all of our rights and obligations under these Terms in the event of a corporate group re-organisation to any member within our group of companies.

23.7 You may not transfer your rights and obligations under these Terms to another person without our prior written consent.

23.8 If you have any question regarding these terms, please email us.