Terms and Conditions
Last updated: 13 October 2017
1.2 If you are purchasing Services from us, you will also be provided with an order form (whether in paper or electronic format) setting out certain information about you, the Subscription Fee and details of the term of any subscription for our Services (the “Order Form”). These Terms and the Order Form constitute the agreement between you and us in respect of our provision of the Services.
1.3 Please read these Terms carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of these Terms for future reference.
1.4 By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website.
2 Who we are and how to contact us
2.1 The Website is operated by Cajoot Limited ("we, us, our"). We are registered in England and Wales under company number 09958900 and our registered office is at Flat 20, Waleorde Road, London SE17 1GG. We are a private limited company.
2.2 We provide an online platform through our Website for owners of commercial and/or private venues and/or spaces to advertise and manage their space (“Registered Subscribers”).
2.3 To contact us, please email firstname.lastname@example.org or call us on +44 (0) 203 624 6433
3 Using our services
3.2 If you do not agree to these Terms, you must not use our Website or our Services.
4 Changes to these terms of website use
4.1 We may revise these Terms from time to time by amending this page. We will notify you of any changes to these Terms by sending an email to the address recorded by you when you registered with the Website and/or by posting a message on the Website.
4.2 Please check this page from time to time to ensure that you a familiar with the current terms, as they are binding on you.
5 Changes to the Website
5.1 We may update the Website from time to time, and may change any content published on the Website at any time. However, please note that any content on the Website may be out of date at any given time, and we are under no obligation to update it.
5.1 We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
6 Access to the Website
6.1 Access to our Website is made available free of charge.
6.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal.
6.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6.4 We may withdraw any of our Services from time to time. Where you are paying for any Services, we will notify you by email of any withdrawal of those Services and will refund any payment made in respect of the provision of Services to be performed after the Services have been withdrawn on a pro- rata basis .
7 Your account and password
7.1 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.2 We encourage you to use your real name as your username when registering with the Website. If you are a business, government or non-profit entity, you must use the actual name of your organisation. You may not use someone else’s name, a name that infringes any third party right, or a name that is obscene or otherwise objectionable.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us.
8 Intellectual property rights
8.1 We are the owner or the licensee of all intellectual property rights (which includes any domains, design, text, graphics and all software and source codes) in the Website and in the material published on it. The Website is protected by UK and International copyright, trademark, patent and other intellectual property laws. All such rights are reserved. We grant Registered Subscribers a limited license to use the Website solely as set out in these terms. Any unauthorised use of the Website will result in the automatic termination of the limited license granted by us.
8.2 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without our prior express written consent.
8.3 All other trademarks not owned by us which appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.
9 Acceptable Use
9.1 You may use the Website only for lawful purposes. You may not use the Website:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the provisions relating to content in these terms;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
9.2 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the Website communicated through the Website in contravention of the provisions of these Terms;
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment or network or software owned or used by any third party.
10 Content standards
10.1 These content standards apply to any and all advertisements, messages, comments, files, images, photos, videos and any other material which you contribute to the Website (the “Content”).
10.2 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Content as well as to its whole.
10.3 Content must:
(a) be accurate, complete and not misleading (where it states facts);
(b) be genuinely held (where it states opinions) and not libel any person (whether living or dead);
(c) be original works or works which you are licensed and authorised to publish in their entirety; and
(d) comply with applicable law in the UK and in any country from which they are posted.
10.4 Content must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
(i) involve the operation of any lottery, sweepstake, game of chance or other regulated or restricted gambling activity;
(j) promote any illegal activity;
(k) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(n) give the impression that they emanate from us, if this is not the case; or
(o) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10.5 You warrant that any Content uploaded by you to the Website complies with the Content standards set out above, and you will be liable to us and indemnify us for any breach of that warranty.
10.6 You undertake to procure that your Cajoot calendar is kept up to date and in particular that any time period in respect of which a booking has been made is promptly shown as unavailable on the Cajoot calendar. We reserve our rights to suspend or cancel the subscription of any Registered Subscriber who breaches this provision.
10.7 Any Content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other Users of the Website a limited licence to use, store and copy such Content as you indicate is to be available to view by other Users and to distribute and make such Content available to view by third parties. Such Content shall not include personal or identifiable information.
10.8 We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
10.9 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other User of the Website.
10.10 We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out herein or for any other reason at our complete discretion.
10.11 You may at any time require us to delete and destroy Content uploaded by you to the Website. We shall (to the extent technically possible) and unless prevented by operation of law or by order of any court) comply with your request within 14 days of receipt of such request.
10.12 The views expressed by other Users on the Website do not represent our views or values.
11.1 The Website facilitates messaging and sharing of information in many ways, including without limitation via your profile, in-Website messaging and using external email.
11.2 You agree to comply with the requirements as to Content set out herein and our acceptable use Terms. In particular, you agree not to spam or otherwise irritate or harass other Users.
11.3 We are not obligated to publish any Content on the Website and can remove any such Content in our sole discretion, with or without notice.
12.1 You may be able to provide feedback directly to other Users and/or recommend or review the services provided by other Users. You must always act in an honest and legitimate way when giving any feedback or review and in particular must not post unfair, inaccurate or libellous statements about other Users.
12.2 In providing services through the Website, you irrevocably agree to other Users being able to review those services using any review tools we may from time to time make available through the Website.
12.3 You acknowledge and agree that some reviews may not be positive and specifically disclaim any liability or claim against us in respect of any review.
12.4 In the event that you believe that a review is unfair, misleading of libellous, you must contact the User who left the review to seek a resolution. If the dispute cannot be resolved, you may contact us. We may in our sole and absolute discretion remove any disputed review pending its judgment on the dispute and/or a resolution to the dispute.
12.5 We may in our sole and absolute discretion come to a judgment on any dispute and, if it considers it appropriate, republish any disputed review. You irrevocably agree that any judgment by us shall be binding in full and shall not be capable of challenge by any other person including without limitation any court.
13 No reliance on information
13.1 The Content on the Website is provided for general information only.
13.2 Although we make reasonable efforts to update the information on the Website and we may from time to time monitor Content published to the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
13.3 We are not responsible for any deficiency in any goods or services advertised or offered through the Website by any Registered Subscriber or third party and shall have no liability in respect of any such deficiency.
14 Limitation of our liability
14.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
14.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
14.3 We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Website; or
(b) use of or reliance on any Content displayed on the Website.
14.4 If you are a business User, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
loss of anticipated savings;
(c) loss of business opportunity, goodwill or reputation; or
(d) any indirect or consequential loss or damage.
14.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content on it, or on any website linked to it.
14.6 We assume no responsibility for the content of websites linked to the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or any goods or services advertised via them.
14.7Without limiting the foregoing, we shall not be liable for any loss or delay in payments and/or any damage or loss suffered by reason of any cyber attack or fraudulent acting on the Website.
15.1We provide the Website on an “as is” and “as available” basis. You therefore use the Website at your own risk.
15.2We expressly disclaim any and all warranties of any kind, whether express or implied, including without limitation the implied warranties of the merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law.
15.3Without limiting the foregoing, we make no representations or warranties:
(a)that the Website will be permitted and/or available in your jurisdiction;
(b)that the Website will be uninterrupted or error-free;
(c)relating to any third party’s use of the Content submitted by you;
(d)that any Content submitted by you will be made available on the Website;
(e)that the Website or the Services will meet your business or professional needs; or
(f)that we will continue to support any particular features of the Website.
15.4To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied and statutory warranties will be limited in duration to a period of 30 days after you first use the Website and no warranties shall apply after such period.
16.1We do not guarantee that the Website will be secure or free from bugs or viruses.
16.2You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
16.3You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
17Linking to the Website
17.1You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2You 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.
17.3The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use.
17.4If you wish to make any use of Content on the Website other than that set out above, please contact us.
18Third party links and resources in the Website
18.1Where the Website contains links to other websites and resources provided by third parties (including without limitation any website of a Registered Subscriber of the Website), these links are provided for your information only.
18.2We have no control over the contents of third party websites or resources.
19.1You consent to receive all communications including notices, agreements, disclosers, or other information from us electronically either by email or by posting them on the Website.
19.2You may send notices of a legal nature to our registered address as detailed at the beginning of these Terms.
20.1Each Registered Subscriber undertakes and agrees to keep confidential all confidential information provided to them by any other Registered Subscriber and/or us. Each Registered Subscriber acknowledges that projects undertaken through the Website may be extremely confidential and the loss suffered by any unauthorised disclosure may be large
20.2Each Registered Subscriber acknowledges that damages may not be a sufficient remedy for any breach of this paragraph 20 and irrevocably authorises any other Registered Subscriber and/or us to seek equitable remedies including without limitation injunctive relief in the event of any unauthorised disclosure.
20.2The restriction in paragraph 20.1 shall not extend to any information already in the public domain or which enters the public domain other than by reason of any breach by the relevant Registered Subscriber of clause 20.1 or any information required to be disclosed by any applicable law or to any court, judicial body or tax authority.
21.1Headings are for convenience only and shall not be used to construe these Terms.
21.2If any of these Terms is found to be unenforceable by any court of competent jurisdiction, that Term shall be deemed severed from these Terms.
21.3No failure or delay by us in exercising any right hereunder shall be deemed to be a waiver by us of such right.
21.4Our rights remedies under these Terms are cumulative.
21.5These Terms are binding on and shall inure to the benefit of us and our Users and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
21.6Users may not assign any rights under these Terms without our prior written consent.
21.7No third party shall have any rights hereunder.
22Terms, Termination and Account Deletion
22.1These Terms shall become effective on the earlier of;
(a)you first accessing the Website; and
(b)registering as a Registered Subscriber.
22.2Registered Subscribers may delete their account at any time. Inactive accounts may be deleted if they remain inactive during a period of Subscription for a continuous period of six months. Subscription accounts will remain active until the end of the subscription term and any renewal term. At the end of the subscription term (if the subscription is not renewed within 14 days), your account shall not be deleted unless you cancel the account using your setup page.
22.3We may change or discontinue the Website and your account at any time without prior notice. We reserve the right to terminate these Terms for any reason, without notice, and these Terms shall automatically terminate in the event that you violate any of the Terms set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Website.
22.4Upon termination, all licences granted by us will terminated and we will have no obligation to
transfer to you or allow you to view any content uploaded by you to the Website. In the event of account deletion for any reason, Content submitted by you may be deleted and may no longer be available.
22.5We may change or discontinue the Website at any time without prior notice. We reserve the right to terminate these Terms for any reason, without notice.
22.6We shall have no obligation to export or copy any Content to a third party service on termination or otherwise to provide you with access to or a download of any such Content.
23What we charge for our services
23.1We charge a monthly fee for our Services to Registered Subscribers (the “Subscription Fee”). The Subscription Fee shall be as set out in the Order Form.
23.2All Subscription Fees are quoted exclusive of VAT or other applicable sales taxes payable in any jurisdiction.
23.3We shall during the term of the subscription (the “Subscription Period”), provide the Services in accordance with our Terms and the Order Form.
23.4Our Services and the Subscription Fee may change from time to time. Any change to our Subscription Fee will take effect at the end of the current Subscription Period and will be notified to you in advance in writing.
24.1The initial subscription period (which is the minimum period of your agreement with us) is as set out in the Order Form (the “Initial Subscription Period”).
24.2At the end of the Initial Subscription Period and each subscription period thereafter (each a “Subscription Period”), subscriptions will automatically renew for the length of time detailed in the Order Form for a “Renewed Period”.
24.3In the event that you do not wish to renew your subscription, you must notify us by contacting us or opting out on your setup page at least 7 days prior to the end of the current Subscription Period. We reserve the right to refuse to renew any subscription for any reason.
25End of subscription
25.1At the end of a Subscription Period, where you have chosen not to renew your subscription, our Services will be terminated and your account will not be available to the public but shall not be deleted unless you cancel the account or it is inactive for over a period for a continuous period of six months in accordance with paragraph 22.2.
26Cancelations and refunds
Registered Subscribers who purchase a subscription may not cancel the subscription until the end of the Subscription Period selected at the time of purchase, or any renewal period. You can however increase your pricing plan at any time by contacting us or by choosing a different pricing plan on the Website. All purchases are final and all fees paid are non-refundable, even if an account is terminated by us by reason of a breach by you of these Terms.
26.1Failure to use any subscription or our Services shall not entitle any Registered Subscriber to any refund.
26.2In the event that we decide to terminate an account for any reason other than a breach of these Terms, we shall refund any Subscription Fees paid in respect of the balance of the Subscription Period (on pro-rata basis).
27.1The Registered Subscriber shall pay the Subscription Fees to us in accordance with this clause 27 and clause 23 of these Terms.
27.2The Registered Subscriber shall at the beginning of each Subscription Period and every calendar month thereafter (for the duration of the Subscription Period), pay to us the Subscription Fee.
27.3You authorise us and/or our payment services provider to store your payment details.
27.4In the event that a Subscription Fee is not paid in accordance with these Terms and the Order Form, we reserve the right to suspend or terminate our Services with immediate effect.
28.1You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, advertising or any related transaction between us shall be governed by and construed in accordance with English law.
28.2Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
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