About our Website
"Authorised User" means an individual Member who is an employee or representative of a HeadBox Business Customer.
"Additional Services" means any additional Services such as, but not limited to, catering, AV equipment, and entertainment that HeadBox provides to Guests via Host Services or via third party suppliers as part of a Booking or Bespoke Package Booking whether the Booking is made via the Site and/or Services.
"Bespoke Package" means the form on the Site used by a Guest and Host to detail a Booking that includes Additional Services or Host Services.
"Bespoke Package Booking" means a Booking that is made via the Site and/or Services using a Bespoke Package.
"Booking" means the agreement between a Host and a Guest made via the Site and/or Services for the hire of a Space and any associated Host Services and/or Additional Services for the Hire Period.
"Bookings" means the combination of more than one Booking and one Bespoke Package Booking.
"Booking Dashboard" HeadBox's proprietary software made available to HeadBox Business Customers only, allowing HeadBox Business Customers to view and access data about all Bookings made through that HeadBox Business Account.
"Booking Request" means an offer by a Guest to rent a Space and/or Additional Services or Host Services submitted via the Site and/or the Services which may be accepted or rejected by a Host.
"Booking Request Period" means 24 hours starting from the time when a booking is requested by a Guest (as determined by HeadBox in its sole discretion), within which a Host may decide whether to confirm or reject that Booking Request, as stated on the Site or provided by the Services.
"Cancellation Policy" means the cancellation policies published by HeadBox which form a term of this Agreement and which shall apply to all Listings, Hosts and Guests.
"Collective Content" means Member Content and HeadBox Content.
"Concierge Service" means services offered to Members by HeadBox staff in order to facilitate the booking of a Space whether that booking is made via the Site or not including but not limited to suggestions and introductions to venues and suppliers.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Data Protection Legislation" the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
"UK Data Protection Legislation" any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
"Damage Deposit" means a sum required by a Host to be held against potential damage to a Space as further described in Clause 10 below.
"Guest" means a Member who requests to book a Host Space and/or Additional Services via the Site or Services.
"HeadBox Account" means an account created on the Site that is required in order to become a Member and book a Space or create a Listing.
"HeadBox Business Account" an account linked to a Member's organisation permitting that Members Authorised Users to access and book on the same account, subject to the HeadBox Business Terms and Conditions found in Part C, and which gives access to HeadBox's proprietary Booking Dashboard.
"HeadBox Business Booking" means a booking or Bespoke Package Booking whereby the Guest making the Booking is a HeadBox Business Customer.
"HeadBox Business Customer" a Member who has been invited to create a HeadBox Business Account including their Authorised Users.
"HeadBox Business Terms" means the specific terms and conditions applicable where a Booking Request is made by a HeadBox Business Customer.
"HeadBox Content" means all Content that HeadBox makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
"Hire Period" means the duration for which a Host's Space has been rented out by a Guest as set out in the Booking or Bespoke Package Booking.
"Host" means a Member who creates a Listing via the Site and Services.
"Host Fees" means the fee that HeadBox charges a Host for Bookings and Bespoke Package Bookings made via the Site and/or Services, typically which is calculated as a percentage of the applicable Space Fees and/or Host Services and Additional Services. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a Booking Request from a prospective Guest via the Site and will be communicated to the Guest when a Booking Request is made via the Services. Host Fees are currently set at a minimum of 10% but may change from time to time as set out in our Fee Structure and Invoicing Policy.
"Host Services" means any related services including catering, design, delivery or other services which the Host agrees to provide to a Guest during the Hire Period.
"Host Special Promotion" means an offer from a Host for a special price or discount on a product or service or event which is promoted to the Member via the Site or Services.
"Listing" means a Space that is listed by a Host as available for rental via the Site and/or Services.
"Member" means an individual or an organisation who completes HeadBox's account registration process and has agreed to be bound by these Terms and Policies.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
"Member Reward Scheme" means any Members reward scheme introduced by HeadBox from time to time.
"Processing Fees" means the processing fee that HeadBox charges a Guest for using the Site and Services. The Processing Fees will be displayed and/or communicated to the Guest when the Guest is asked whether it wishes to send a Booking Request to a Host. Processing Fees may change from time to time as set out in our Fees Policy.
"Service Fees" means collectively the Processing Fees and the Host Fees.
"Space" as per the meaning given in Clause 5.1 below.
"Space Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's use of a Host's Space and any Host Services and/or Additional Services the Host has stipulated as part of the Booking or Bespoke Package Booking. The Host alone, and not HeadBox, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the HeadBox platform, or (ii) taxes that the Host determines that he or she has to collect which must be clearly displayed prior to a Booking Request being made including whether for example VAT is included or not. If a Tax is not displayed then it will be deemed to be included.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, fees (such as convention centre fees) that may be required by law to be collected and remitted to governmental agencies, and other taxes.
"Total Fees" means collectively the Space Fees and the Processing Fees (plus any Taxes in respect of Space Fees, such as VAT).
HeadBox reserves the right, at its sole discretion, to modify the Site and/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 provide you with notice of the modification. For an uncompleted Booking or Bespoke Package Booking the Guest and the Host will receive notification that any modification has been made prior to completion of the Booking or Bespoke Package Booking transaction and the Guest will be given the option of withdrawing their Booking Request. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, and/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
The Site and Services are intended for business use only and as such only persons who are 18 or older and/or are Corporations, Government agencies or instrumentalities, charitable institutions, partnerships, companies and sole traders will be permitted to become Members and undertake transactions as Guests or Hosts on the Site. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Listing your Space
Bookings and Fees and Charges That Apply
Appointment of Payment Agent
HeadBox can only process payments for whole numbers and so payments will be rounded to the nearest whole number. HeadBox may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, HeadBox will round an amount of £101.50 to £102.00, and £101.49 to £101.00.
Payment Processing Errors
HeadBox will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of HeadBox and its licensors. You will not remove, alter or obscure any copyright, trademark, Services mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
HeadBox Content and Member Content Licence
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that HeadBox 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 HeadBox 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.
Proprietary Rights Notices
All trademarks, Services marks, logos, trade names and any other proprietary designations of HeadBox used herein are trademarks or registered trademarks of HeadBox. Any other trademarks, Services marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Intellectual Property Policy
HeadBox respects the intellectual property rights of others and expects its users to do the same. It is HeadBox's policy to terminate in appropriate circumstances the HeadBox Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. The full terms are set out in HeadBox`s Intellectual Property Policy.
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 email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of HeadBox and you hereby irrevocably assign to HeadBox and agree to irrevocably assign to HeadBox 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 HeadBox's request and expense, you will execute documents and take such further acts as HeadBox may reasonably request to assist HeadBox to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Suspension, Termination and HeadBox Account Cancellation
Limitation of liability
You agree to release, defend, indemnify, and hold HeadBox 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 Collective Content or your breach of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Bookings, or (iii) creation of a Listing; and (d) the use, condition or rental of a Space 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, Bookings or use of a Space.
These Terms of Service, except Part B which governs the relationship between Hosts and Guests and to which HeadBox is not a party, constitute the entire and exclusive understanding and agreement between HeadBox and you regarding the Site, Services, Collective Content, any Bookings or Listings of Spaces made via the Site and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between HeadBox and you regarding Bookings or Listings, the Site, Services and Collective Content.
You may not assign or transfer any part of these Terms, by operation of law or otherwise, without HeadBox's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HeadBox may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
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.
If you have any questions about these Terms please contact HeadBox at firstname.lastname@example.org