INFORMATION ABOUT US
www.Startupbnb.com is a site operated by Startupbnb. Startupbnb is registered in Delaware, USA under the company Real Virtual Tour, LLC.
You agree that Startupbnb is not a party to any agreements entered into between Hosts and Users, nor is Startupbnb a property agent or insurer. Startupbnb has no control over the conduct of Hosts, Users and other users of the Site, Mobile Application and Services or any Listed Space, and disclaims all liability in this regard to the extent permitted by law.
The following definitions shall apply to these Terms:
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“User” means a Member who requests from a Host a booking of a Listed Space via the Site, Mobile Application or Services, or a Member who uses Listed Space and is not the Host for such Listed Space.
“Host” means a Member who creates a Listing via the Site, Mobile Application and Services.
“Listing” means a Listed Space that is Listed by a Host as available for rental via the Site, Mobile Application and Services.
“Member” means a person who completes Startupbnb’s account registration process, including but not limited to Hosts and Users, as described under “Account Registration” below.
“Tax” or “Taxes” means any taxes including VAT (value added tax) whatsoever that Hosts, Users or Members may be required by law to pay to HMRC or any other governmental body as applicable.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO THE SITE
Startupbnb may update the Site, Mobile Application and Services from time to time, and may change the content at any time. However, please note that any of the content on the Site or Mobile Application may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Site or Mobile Application, or any content on either of them, will be free from errors or omissions.
THE SITE AND SERVICES
The Site, Mobile Application and Services are used to facilitate the listing and booking of residential and other properties for use as office space (“Listed Space”). Listed Spaces are included in Listings on the Site, Mobile Application and Services by Hosts. If you wish to book a Listed Space or create a Listing, you must register to create a Startupbnb Account (defined below).
For the avoidance of doubt, Startupbnb is not an owner or operator of properties or Listed Space, and Startupbnb does not own, sell, resell, furnish, provide, rent, manage and/or control properties or Listed Space. Unless explicitly specified otherwise in the Startupbnb platform, Startupbnb’s responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Application and Services and (ii) accepting payments from Users on behalf of the Host.
Please note that, as stated above, the Site, Mobile Application and Services are to be used to facilitate Hosts and Users connecting and booking Listed Space directly with each other. Startupbnb cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Listed Space. Startupbnb is not responsible for and disclaims any and all liability related to any and all Listings and Listed Space. Accordingly, any bookings will be made at the User’s own risk.
YOUR ACCOUNT AND PASSWORD
In order to book a Listed Space or create a Listing, you must register to create an account (“Startupbnb Account”) and become a Member. You may register to join the Services directly via the Site or Mobile Application or as described in this section.
In addition, you can register to join by logging into your account via certain third-party social networking account (a “Third-Party Account”), via our Site or Mobile Application.
As part of the Site, Mobile Application and Services, you may link your Startupbnb Account to Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Startupbnb through the Site, Services or Mobile Application; or (ii) allowing Startupbnb to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Startupbnb and/or grant Startupbnb access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the Third-Party Account.
By granting Startupbnb access to any Third-Party Accounts, you understand that Startupbnb will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site, Services and Mobile Application via your Startupbnb Account and Startupbnb Account profile page.
You have the ability to disable the connection between your Startupbnb Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
Startupbnb makes no effort to review any Content contained within your Third-Party Account for any purpose, including but not limited to for accuracy, legality or non-infringement and Startupbnb is not responsible for any such Content.
We will create your Startupbnb Account and your Startupbnb Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via your Third Party Account as described above. During this process you will choose a password or any other piece of information as part of our security procedures. You must treat your password as confidential and you must not disclose same to a third party.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, you will take sole responsibility for any activities or actions under your Startupbnb Account, whether or not you have authorised such activities or actions. You will immediately notify Startupbnb of any unauthorised use of your Startupbnb Account.
Startupbnb has the right to disable any Startupbnb Account, identification code or 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.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Startupbnb Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, Mobile Application, your Startupbnb Account or your Content, (b) any pending or accepted future bookings as either Host or User will be immediately terminated, (c) we may communicate to your Users or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Users to inform them about potential alternate Listed Space with other Hosts that may be available on the Site, Mobile Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Startupbnb Account.
You may cancel your Startupbnb Account at any time by sending an email to hello@Startupbnb.com.
Please note that if your Startupbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Mobile Application and Services.
Listed SPACE LISTINGS
When applying to make a Listing, you will be asked a variety of questions about the Listed Space to be Listed, including, but not limited to the location, size, features, availability, pricing any related rules and financial terms. Startupbnb will promptly notify you as to whether your Listing has been accepted for public display on the Site.
Listings, once accepted by us, will be made publicly available via the Site, Mobile Application and Services. Other Members will be able to book your Listed Space via the Site, Mobile Application and Services based upon the information provided in your Listing. Once a User requests a booking of your Listed Space, you may not request the User to pay a higher price than in the booking request.
For the avoidance of doubt, Startupbnb may choose to reject a Listing application at its own discretion and for any reason, which need not be disclosed to you. You acknowledge and agree that, to the maximum extent permissible by law, Startupbnb shall not be liable for any loss incurred by you in connection with a rejected Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a User’s stay at, a Listed Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as planning laws and laws governing rental of residential and other properties), Tax requirements, and rules and regulations that may apply to any Listed Space included in a Listing you post (including having all required consents, licenses and registrations), and (b) not conflict with the rights of third parties.
Startupbnb assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Startupbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Startupbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Mobile Application or Services.
If a User requests a booking of your Listed Space and stays at your Listed Space, any agreement you enter into with such User is between you and the User and Startupbnb is not a party thereto.
When you apply to make a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Listed Space, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Listed Space. Any Member wishing to book Listed Space included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Listed Space at your request or invitation, excluding the User (and the individuals the User invites to the Listed Space, if applicable).
BOOKINGS AND PAYMENT TERMS
“Fees” means the amounts that are due and payable by a User in exchange for that User’s stay in a Listed Space. The Host alone, and not Startupbnb, 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 Startupbnb platform, or (ii) Taxes that the Host determines that he or she has to collect.
“User Fees” means the fee that Startupbnb charges a User for the use of its online platform, which is calculated as a percentage of the applicable Listed Space Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to a Host.
“Host Fees” means the fee that Startupbnb charges a Host for the use of its online platform, which is calculated as a fixed fee per calendar day plus a percentage of the Total Fees as may be determined by Startupbnb from time to time. 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 User.
“Service Fees” means collectively the User Fees and the Host Fees.
“Total Fees” means collectively the Listed Space Fees and the User Fees (plus any Taxes in respect of User Fees, such as VAT).
Bookings for Hosts
If you are a Host and a booking is requested for your Listed Space via the Site, Mobile Application and/or Services, you will have 24 hours from the time of the booking request to confirm or reject the booking, otherwise the booking request will be automatically cancelled (the “Acceptance Period”). One exception exists in the event that no decision is given by midnight before the commencement time, regardless of the acceptance period time, the request will be automatically cancelled.
For the avoidance of doubt, booking requests cannot be made after midnight prior to the proposed commencement time of that booking.
When a booking is requested via the Site, Mobile Application and/or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User’s Startupbnb Account profile page, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Acceptance Period, any amounts collected by Startupbnb for the requested booking will be refunded to the applicable User’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a User, Startupbnb will send you an email or text message confirming such booking.
Startupbnb will collect the Total Fees at the time of booking confirmation (i.e. when the User confirms the booking request) and will initiate payment of the Listed Space Fees (less Startupbnb’s User Fees and any Taxes in respect of the User’s Fees, such as VAT) to the Host within 24 hours of when the User arrives at the applicable Listed Space. The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
Each Host agrees that Startupbnb may (i) permit the User to cancel the booking and (ii) refund to the User that portion of the Listed Space Fees specified in the cancellation policy set out hereinbelow.
Startupbnb does not guarantee payments to Hosts for amounts that have not been successfully received by Startupbnb from Users.
Bookings for Users
The Hosts, and not Startupbnb, are solely responsible for honouring any confirmed bookings and making available any Listed Space reserved through the Site, Mobile Application and/or Services.
If you, as a User, choose to enter into a transaction with a Host for the booking of a Listed Space, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Listed Space imposed by the Host. You acknowledge and agree that you, and not Startupbnb, will be responsible for performing the obligations of any such agreements and, with the exception of its payment obligations hereunder, Startupbnb shall not be liable in respect of any claim arising from or related to any such agreements.
Upon your payment of the Total Fees to Startupbnb, your payment obligation to the Host for the Listed Space Fees is extinguished, and Startupbnb is responsible for remitting the Listed Space Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT), in the manner described in these Terms. In the event that Startupbnb does not remit any such amounts as described in these Terms, such Host will have recourse only against Startupbnb.
The Total Fees payable will be displayed to a User before the User sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Acceptance Period, otherwise the requested booking will be automatically cancelled (again for the avoidance of doubt, booking requests cannot be made less than 12 hours prior to the proposed commencement time of that booking). If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Startupbnb will be refunded to such User, in accordance with the cancellation policy set out within these Terms, and any pre-authorisation of such User’s credit card will be released, if applicable.
You as a User agree to pay Startupbnb the Total Fees for any booking requested in connection with your Startupbnb Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Startupbnb, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one pound (£1), to verify your credit card. Once Startupbnb receives confirmation of your booking from the applicable Host, Startupbnb will collect the Total Fees in accordance with these Terms. Please note that Startupbnb cannot control any fees that may be charged to a User by his or her bank related to Startupbnb’s collection of the Total Fees, and Startupbnb disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Startupbnb or its third-party payment processor(s). You agree to pay Startupbnb for any confirmed bookings made in connection with your Startupbnb Account in accordance with these Terms. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Startupbnb or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site and/or Mobile Application. You also authorise Startupbnb to charge your credit card in the event of damage caused at a Listed Space as contemplated under “Damage to Listed Space” below.
In consideration for the use of Startupbnb’s online marketplace and platform, Startupbnb charges the Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Host Fees and User Fees. Startupbnb deducts the Host Fees from the Listed Fees before remitting the balance to the Host as described in these Terms. User Fees are, as noted above, included in the Total Fees.
Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
If a User cancels their requested booking more than 24 hours prior to the time at which the booking is due to commence, no cancellation fee shall be payable by the User to Startupbnb and/or the Host.
If a User cancels their requested booking less than 24 hours prior to the time at which the booking is due to commence, Startupbnb shall be entitled to retain 20% of the Total Fees (the “User Cancellation Fee”). The User Cancellation Fee shall be divided between Startupbnb and the relevant Host in the following proportions:
(i) 90% of the User Cancellation Fee shall be forwarded to the Host; and
(ii) 10% of the User Cancellation Fee shall be retained by Startupbnb.
If a Host cancels a confirmed booking made via the Site or Mobile Application (i) Startupbnb will refund the Total Fees for such booking to the applicable User within a reasonable time of the cancellation and (ii) the User will receive a confirmatory email or other communication from Startupbnb containing alternative Listings and other related information.
If, as a Host, you cancel a confirmed booking, Startupbnb may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts) (the “Host Cancellation Fee”). You will be notified of the situations in which a Host Cancellation Fee applies before you decide to cancel.
Hosts, Members and Users hereby understand and agree:
(i) Startupbnb shall not be held liable or responsible for any Tax issues that arise whatsoever in connection with the Host’s, User’s or Member’s own tax position;
(ii) The Hosts, Users and Members are solely responsible for determining the correct Tax reporting requirements for them and they are solely responsible for remitting any taxes due to HMRC or any other relevant bodies as necessary;
(iii) Startupbnb shall not be responsible for the provision of Tax advice to the Hosts, Users or Members;
(iv) Valid VAT invoices may be issued where relevant and if requested;
(v) Startupbnb may be required by law to provide details to HMRC regarding payments received by Hosts, Users or Members and any Taxes to be withheld; and
(vi) Those Hosts, Users and Members who are not residents of the United Kingdom must seek independent Tax advice for liabilities arising from any fees or other income received in connection with a Listing.
In some instances, Users may be required to make recurring payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Listed Space (collectively, “Recurring Payments”).
If Recurring Payments apply to a confirmed booking, then the User authorises Startupbnb, on behalf of the Host, to collect the Total Fees and the Host agrees that Startupbnb will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.
Damage to Listed Space
As a User, you are responsible for leaving the Listed Space in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Listed Space.
In the event that a Host provides evidence of damage you hereby agree to pay the cost of replacing/repairing those damaged items to the extent that such cost is not covered by the Startupbnb insurance policy. For the avoidance of doubt, Startupbnb shall have no liability in respect of any damage costs required to be paid by the User which is in excess of the coverage provided by the Startupbnb insurance policy.
Any necessary payment will be charged to and taken from the credit card on file in your Startupbnb Account. Startupbnb also reserves the right to charge the credit card on file in your Startupbnb Account, or otherwise collect payment from you. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Listed Space to the applicable Host or to Startupbnb (if applicable).
Both Users and Hosts agree to cooperate with and assist Startupbnb in good faith, and to provide Startupbnb with such information and take such actions as may be reasonably requested by Startupbnb, in connection with any complaints or claims made by Members relating to Listed Space.
All properties listed as Listed Space will not be covered under our Startupbnb insurance package.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload Content to the Site or Mobile Application, or to make contact with other users of the Site or Mobile Application, you must comply with the Content standards set out in Startupbnb’s Acceptable Use Policy (see www.Startupbnb.com).
You warrant that any such contribution does comply with those standards, and you will be liable to Startupbnb and indemnify Startupbnb for any breach of that warranty.
Any Content you upload to the Site or Mobile Application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant Startupbnb and other users of the Site and Mobile Application a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to Startupbnb are described in the next paragraph (Rights you licence).
Startupbnb also has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site or Mobile Application constitutes a violation of their intellectual property rights, or of their right to privacy.
Startupbnb 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 Site or Mobile Application.
Startupbnb has the right to remove any posting you make on the Site or Mobile Application if, in its opinion, your post does not comply with the Content standards set out in our Acceptable Use Policy.
The views expressed by other users on the Site and Mobile Application do not represent the views or values of Startupbnb.
You are solely responsible for securing and backing up your Content.
RIGHTS YOU LICENCE
When you upload or post Content to the Site and/or Mobile Application, you grant to Startupbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote or market the Site, Mobile Application and Services.
THIRD PARTY LINKS AND RESOURCES IN THE SITE
Where the Site or Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your information only.
Startupbnb has no control over the contents of those sites or resources.
INTELLECTUAL PROPERTY RIGHTS
Startupbnb is the owner or the licensee of all intellectual property rights in the Site and Mobile Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Startupbnb’s status (and that of any identified contributors) as the authors of content on the Site and Mobile Application must always be acknowledged.
You must not use any part of the Content on the Site or Mobile Application for commercial purposes without obtaining a licence to do so from Startupbnb or Startupbnb’s licensors.
If you print off, copy or download any part of the Site or Mobile Application in breach of these Terms, your right to use both the Site and Mobile Application will cease immediately and you must, at Startupbnb’s option, return or destroy any copies of the materials you have made.
NO RELIANCE ON INFORMATION
The content on the Site and Mobile Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site or Mobile Application.
Although Startupbnb make reasonable efforts to update the information on the Site and Mobile Application, Startupbnb makes no representations, warranties or guarantees, whether express or implied, that the Content on the Site and Mobile Application is accurate, complete or up-to-date.
Startupbnb does not guarantee that the Site and Mobile Application will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and Mobile Application (if applicable). You should use your own virus protection software.
You must not misuse the Site or Mobile Application 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 Site or Mobile Application, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site or Mobile Application (if applicable) via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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 both the Site and Mobile Application will cease immediately.
DISCLAIMERS AND LIMITATION OF LIABILITY
If you choose to use the Site, Mobile Application, Services or Content you do so at your own risk.
The Site, Mobile Application, Services and Content are provided without warranty of any kind, either express or implied. Without limiting the foregoing, Startupbnb explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Startupbnb makes no warranty that the Site, Mobile Application, Services, Content, including, but not limited to, the listings or any Listed Space will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You are solely responsible for all of your communications and interactions with other users of the Site, Mobile Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Mobile Application or Services, including, but not limited to, any Hosts or Users. Startupbnb makes no representations or warranties as to the conduct of Users of the Site, Mobile Application or Services or their compatibility with any current or future Users of the Site, Mobile Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, Mobile Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Mobile Application or Services, including, but not limited to, Users and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Startupbnb.
Startupbnb hereby explicitly disclaims all liability for any act or omission of any User or other third party.
Nothing in these Terms excludes or limits Startupbnb’s 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 United States law.
To the extent permitted by law, Startupbnb excludes all conditions, warranties, representations or other terms which may apply to the Site, Mobile Application, Services or any Content on it, whether express or implied.
Startupbnb will not be liable to any User or Host 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:
- use of, or inability to use, the Site; or
- use of, or inability to use, the Services; or
- use of, or inability to use, the Mobile Application; or
- use of Listed Space; or
- any contact you have with other Users of Startupbnb whether in person or online; or
- use of or reliance on any Content displayed on the Site; or
- use of or reliance on any Content displayed on the Mobile Application.
Please note that in particular, Startupbnb will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings (including, without limitation, any Tax reliefs);
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Startupbnb 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 Site or Mobile Application or to your downloading of any Content on either of them, or on any website linked to either of them.
We assume no responsibility for the content of websites linked on the Site or Mobile Application. Such links should not be interpreted as endorsement by Startupbnb of those linked websites. Startupbnb will not be liable for any loss or damage that may arise from your use of them.
Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Startupbnb’s aggregate liability arising out of or in connection with these Terms and your use of the Site, Mobile Application and Services including, but not limited to, from your Listing or booking of any Listed Space via the Site, Mobile Application and Services, or from the use of or inability to use the Site, Mobile Application, Services, or Content and in connection with any Listed Space or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site, Mobile Application and Services as a User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Startupbnb to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred pounds sterling (£100), if no such payments have been made, as applicable.
You agree to indemnify, and hold Startupbnb 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, any Tax, legal and/or accounting fees, arising out of or in connection with (a) your access to or use of the Site, Mobile Application, Services, or Content or your violation of these Terms; (b) your (i) interaction with any Member, (ii) booking of a Listed Space, or (iii) creation of a Listing; and (c) the use, condition or rental of a Listed 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, booking or use of a Listed Space.
You may not assign or transfer these Terms without Startupbnb’s prior written consent. Startupbnb may freely assign or transfer these Terms, at its sole discretion, without restriction.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Startupbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or Mobile Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of United States.
The courts of United States shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
No failure or delay by Startupbnb to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Startupbnb shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms.