NATIVE SPACES TERMS OF USE AND SERVICE (THE TERMS)

 

 

Last updated: 1 July 2018

 

This document includes the terms applicable to your use of www.native-spaces.com as well as all associated sites linked to www.native-spaces.com by NATIVE CONSULTING (“NATIVE SPACES”, “we”, “us”), with registration number 83459871, headquartered at 15 Avenue George Clemenceau, Nice 06000, France, (collectively, the “Site”).

 

Contents

 

A.   GENERAL TERMS

B.   ADDITIONAL EVENT ORGANIZER TERMS

C.  ADDITIONAL PROVIDER TERMS

 

A.  GENERAL TERMS

 

THE TERMS constitute a legal contract and agreement. As such, by accessing, completing registration and utilizing the Site or any NATIVE SPACES services, the site visitors, the Space or Service Providers (“the PROVIDERs”, “you”) and the EVENT ORGANIZERs (“the EVENT PRGANIZERs”, “you”) hereby acknowledge and agree to be bound by THE TERMS, as updated, from time to time, by NATIVE SPACES.

 

NATIVE SPACES, may, in its sole discretion, modify THE TERMS, at any time and without prior notice. If we do so we will let EVENT ORGANIZERs and PROVIDERs know either by posting the modified Terms on the Site or through other communications. It is important that PROVIDERs and EVENT ORGANIZERs review the modified Terms whenever we revise them because PROVIDER’s and EVENT ORGANIZER’s continued use of the Site shall constitute their agreement to be bound by the modified Terms.

 

  1. Definitions

Site – The website www.native-spaces.com and all linked and associated sites

User – A visitor of the NATIVE SPACES website or user of the NATIVE SPACES services

EVENT ORGANIZER (“EVENT ORGANIZER”) – A site visitor or a registered user browsing spaces and event services on the site with the aim of making a booking on a particular date and during a particular period of time (An Event) or someone who has contacted NATIVE SPACES with the same aim

Space Provider (“PROVIDER”) – Someone who chooses to list their space (The Space) on the site

Event Service Provider (“PROVIDER”) – Someone who chooses to list their event service, such as catering or entertainment, on the NATIVE SPACES site

Quote – Provided by the PROVIDER and inclusive of all fees charged by the PROVIDER for use of the space or provision of the event service (inclusive of any commissions), any security deposit required and any additional rules in connection with EVENT ORGANIZER’s use of the space or service for the event.

Service Fees - all fees charged by the PROVIDER to the EVENT ORGANIZER (inclusive of any commissions)

Commission – the charge NATIVE SPACES retains from any Service Fees as agreed with the PROVIDER

Transaction Fees – fees for processing each transaction online, non-refundable fees

The Services – the NATIVE SPACES services, which include the provision of an online marketplace which facilitates connections between PROVIDERs and EVENT ORGANIZERs

 

2.               Services

NATIVE SPACES is an online marketplace where Space (or Event Service) Providers can list their space(s) (or event service(s)), so that EVENT ORGANIZERs can find and book them for an event.

 

NATIVE SPACES generates new event bookings to Space Providers and Event Service Providers through its online marketplace. For this service NATIVE SPACES charges the PROVIDERs a Commission.

Our services, technology and Site are hereinafter collectively referred to as the “Services”. The Services include the online marketplace through which PROVIDERs may list spaces and event services, and EVENT ORGANIZERS may learn about, reserve, book, and pay for the use of Spaces and Event services.

 

3.               Eligibility and User Account Registration

If an EVENT ORGANIZER or a PROVIDER would like to use our Services to book a Space or Event service or list their Space or Event service, they must first register to create an account on the Site. The Services are intended solely for businesses or persons who are 18 or older. By accessing or using the Services EVENT ORGANIZER or PROVIDER represents and warrants that he/she is 18 or older.

 

When creating an Account, EVENT ORGANIZERs and PROVIDERs will be required to provide certain information and establish a username and a password. EVENT ORGANIZERs and PROVIDERs agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

 

We reserve the right to suspend or terminate any account if any information provided proves to be inaccurate, false or misleading or if there is a breach of THE TERMS. EVENT ORGANIZERs and PROVIDERs are responsible for maintaining the confidentiality of their passwords and usernames, and agree to notify us if a password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.

 

4.               Payments

NATIVE SPACES uses Stripe as its third party service provider for payment processing. The PROVIDERs and EVENT ORGANIZERS agree to be bound by Stripe’s Terms and Conditions and Privacy Policy applicable to payments processing.

 

5.              Disclaimer

SPACE PROVIDER and EVENT ORGANIZER each acknowledge and agree that, to the maximum extent permitted by applicable law, each of them assumes the entire risk arising out of their access to and use of the site or services, their listing or booking of any space or event service via the site and services, and any contact they have with other users of the site whether in person or online.

 

You acknowledge and agree that NATIVE SPACES does not own any of the Spaces listed on the Site. NATIVE SPACES only makes connections between the Users of the Services but cannot and does not accept any responsibility for the actions of any PROVIDER, EVENT ORGANIZER or other Users or for the suitability or unsuitability of a Space or Event service for your needs. NATIVE SPACES disclaims all liability for the PROVIDER’s failure to satisfy their obligation for providing the space or service as may be agreed. NATIVE SPACES disclaims all liability for the EVENT ORGANIZER failure to satisfy their obligation related to the use of the space as may be agreed. If you use the services and agree to make your space available or to rent a space, then you do at your own risk and NATIVE SPACES shall not have any liability therefore.

 

The services are provided on an “as-is” and “as-available” basis without warranties of any kind by NATIVE SPACES, incl. merchantability, fitness for a particular purpose, title or non-infringement; warranties regarding the security, accuracy, reliability, timeliness and performance of the services; warranties that the services will be error-free; that any information regarding spaces or event services, including any pricing information, or the location of any spaces, as may be provided by users or a third party is accurate or complete. The use of the services, the uploading of user content, or the downloading or other acquisition of any materials or content through the services or through third parties' websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

 

6.              Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the services. Neither NATIVE SPACES nor any other party involved in creating, producing, or delivering the services will be liable for any damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute spaces or services, or for any damages for personal or bodily injury or emotional distress arising from the use of or inability to use the services, or from your listing or booking of any space or event service via the services. Except for our obligations to pay the service fee (which may be subject to deductions at our sole discretion) to PROVIDERs, in no event will NATIVE SPACES’ aggregate liability arising out of or in connection with these terms and your use of the site and services exceed one hundred euros.

 

7.              Entire Agreement

This agreement should not be enforceable by any person who is not a party to this agreement.

 

This agreement is governed by the laws of the France and the parties to this agreement agree to submit to the exclusive jurisdiction of the French courts.

 

 

8.              Privacy and Data Protection

NATIVE SPACES is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Services, you acknowledge and agree that the NATIVE SPACES usage and disclosure of this personal information is governed by our Privacy Policy.

 

NATIVE SPACES has users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by NATIVE SPACES. As part of our service, we may transfer your personal information to other regions.

 

If you are located in the EEA, you have certain rights under European law (GDPR) with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. If you are a PROVIDER, an EVENT ORGANIZER, a partner, a visitor of NATIVE SPACES websites, or a user of NATIVE SPACES services and wish to exercise these rights, please reach out to using the contact details provided in our Privacy Policy. If you are an EVENT ORGANISER and wish to exercise these rights, please contact the PROVIDERs you interacted with directly - we serve as a processor on their behalf and can only forward your request to them to allow them to respond.

 

9.              Cookies

Cookies are small text files sent by us to your computer or mobile device. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To find out more about cookies, visit http://www.allaboutcookies.org/

NATIVE SPACES uses cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. NATIVE SPACES sets and accesses our own cookies on the domains operated by NATIVE SPACES and its corporate affiliates. In addition, we use third party cookies, like Google Analytics.

Some cookies are associated with your account and personal information in order to remember that you are logged in and which workspaces you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things.

Cookies can be used to recognize you when you visit a Site or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure.

Categories of Use

Description

Authentication

If you're signed in to our Services, cookies help us show you the right information and personalize your experience.

Security

We use cookies to enable and support our security features, and to help us detect malicious activity.

Preferences, features and services

Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on our Sites more easily. They also provide you with features, insights, and customized content.

Marketing

We may use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies.

We may use cookies to help us deliver marketing campaigns and track their performance. Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies.

Performance, Analytics and Research

Cookies help us learn how well our Sites and Services perform. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Sites and Services from different devices, such as your work computer or your mobile device.

Cookies and other ad technology such as beacons, pixels, and tags help us market more effectively to users that we and our partners believe may be interested in Native Spaces. They also help provide us with aggregated auditing, research, and reporting, and know when content has been shown to you.

Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust.

 

B.       ADDITIONAL EVENT ORGANIZER TERMS

 

 

  1. EVENT ORGANIZER responsibilities

Booking: The EVENT ORGANIZER warrants that the information provided for the event organization and intended use of a space or event service is truthful and accurate.

When accepting a quote/invoice or proposal from a PROVIDER by making a booking, the EVENT ORGANIZER accepts to pay all Service Fees and any Transaction fees posted by NATIVE SPACES and the PROVIDER and applied to the booking. By booking a space or event service the EVENT ORGANIZER agrees both to the clauses of THE TERMS and to the rules of the PROVIDER, including but not limited to cancellation, deposit amount, payment terms, price, use of space rules.

 

EVENT ORGANIZER understands and agrees that the NATIVE SPACES Services bring PROVIDERs and EVENT ORGANIZERs together; however, NATIVE SPACES is not a party to any agreements entered into between the PROVIDER and the EVENT ORGANIZER. As a result, NATIVE SPACES has no control over the conduct of EVENT ORGANIZERs or their guests. NATIVE SPACES has no control over the terms of any quote or invoice generated by the NATIVE SPACES Services or the Site, and the mere fact that NATIVE SPACES Services allow PROVIDERs to generate quotes or invoices with NATIVE SPACES name and trademark listed on them shall in no way be interpreted as NATIVE SPACES offering, condoning, guaranteeing or otherwise agreeing to be involved with the terms contained in any such quote or invoice. NATIVE SPACES expressly disclaims all liability in this regard.

 

Insurance: The EVENT ORGANIZER is responsible for obtaining and maintaining insurance policy or policies sufficient to cover the event organization, use of the space or event services. Upon request by NATIVE SPACES, the EVENT ORGANIZER shall furnish an insurance certificate. NATIVE SPACES will in no case be liable in the event of a breach by the EVENT ORGANIZER of their obligation to obtain and maintain an adequate insurance.

 

2.              Termination

The EVENT ORGANIZER may terminate this agreement by sending recommended letter with signature at reception to NATIVE SPACES. The termination is only effective when NATIVE SPACES provides written confirmation. Should the EVENT ORGANIZER terminate the agreement, they will still be liable for any service fees due for booked events.

NATIVE SPACES reserve the right to terminate this agreement and the EVENT ORGANIZER account on the website at any time without prior notice or liability.  NATIVE SPACES may change or discontinue any part of the NATIVE SPACES website at any time without prior notice or liability.

 

 

C.       ADDITIONAL PROVIDER TERMS

                       

  1. PROVIDER responsibilities

Quote: When NATIVE SPACES sends a quote request to the PROVIDER, the PROVIDER will have to respond to the request within 48h, accepting or declining the request or providing alternatives. By providing a quote the PROVIDER confirms the reservation of the space for the specific event and will keep the reservation for minimum 48h from the time of confirmation of reception of the quote by NATIVE SPACES.

 

The quote should include all fees chargeable to the EVENT ORGANIZER as well as any rules for the use of the space, including the cancellation rules. NATIVE SPACES will provide a choice of 3 cancellation policies, the selected cancellation policies should be stated in the quote.

 

Space/Event service: The PROVIDER warrants that the information provided for the listing is truthful and accurate. The PROVIDER warrants that the space (or service) is safe for purposes of any booked event and conforms to all applicable laws, regulations, and codes. The PROVIDER is solely responsible for obtaining any permits to rent out the space and host events or provide event services and pay all applicable taxes or fees. The PROVIDER is solely responsible to make the space or event service available for the booked events in the state described in the listing and agreed with the EVENTS ORGANIZER.

 

The PROVIDER understands and agrees that the NATIVE SPACES Services bring PROVIDERs and EVENT ORGANIZERs together; however, Native spaces is not a party to any agreements entered into between the PROVIDER and EVENT ORGANIZERs. As a result, NATIVE SPACES has no control over the conduct of EVENT ORGANIZERs or their guests. NATIVE SPACES has no control over the terms of any quote or invoice generated by the NATIVE SPACES Services or the Site, and the mere fact that NATIVE SPACES Services allow PROVIDERs to generate quotes or invoices with NATIVE SPACES name and trademark listed on them shall in no way be interpreted as NATIVE SPACES offering, condoning, guaranteeing or otherwise agreeing to be involved with the terms contained in any such quote or invoice. NATIVE SPACES expressly disclaims all liability in this regard.

 

Insurance: The PROVIDER is responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of the space or the delivery of the event service. Upon request by NATIVE SPACES, the PROVIDER shall furnish an insurance certificate. NATIVE SPACES will in no case be liable in the event of a breach by the PROVIDER of their obligation to obtain and maintain an adequate insurance.

 

2.              Price

The price of the NATIVE SPACES services represents a commission of 15% on total final spend excluding VAT by the EVENT ORGANIZER unless otherwise agreed in writing with the PROVIDER. This includes (but is not limited to):

  • Space hire, food and beverage, accommodation, and all other ancillary goods and services
  • Items or services that are not included in the initial contract, but later become part of the event revenue, e.g. overtime

 

3.              Terms of payment

Retained commission: Upon receipt of the EVENT ORGANIZER’s payment by NATIVE SPACES of the Service Fee, NATIVE SPACES shall retain the applicable Commission from the Service Fee and shall forward to the PROVIDER within 7 business days after the last day of the event date the remaining Service Fee minus any other deductions for applicable taxes, or deductions that NATIVE SPACES shall have the sole discretion to make in order to address any complaints made by the EVENT ORGANIZER in connection with the Space or Event Service.

 

Commission charged to the PROVIDER: In some cases, the PROVIDER may invoice the EVENT ORGANIZER directly for some services (e.g. catering or overtime). In such cases, the commission is to be paid directly by the PROVIDER to NATIVE SPACES. The PROVIDER should provide promptly to NATIVE SPACES copies of contracts and receipts of other spending by EVENT ORGANIZERs. If the PROVIDER is not able to share the total final spend amount, NATIVE SPACES reserves the right to charge commission based on the initial quote or estimate of the final spend. NATIVE SPACES invoices are payable within 28 days.

 

4.              Conditions

Commission: NATIVE SPACES will charge commission even if the EVENT ORGANIZER contracts directly with the PROVIDER when:

  • The EVENT ORGANIZER enquires about the space via the NATIVE SPACES site or via communication with NATIVE SPACES prior to contacting the PROVIDER directly;
  • NATIVE SPACES contacts the PROVIDER on behalf of the EVENT ORGANIZER;
  • The EVENT ORGANIZER shares their details with NATIVE SPACES with the purpose of making an enquiry at a PROVIDER prior to contacting the PROVIDER;
  • An EVENT ORGANIZER contacts directly the PROVIDER, demonstrably as a result of NATIVE SPACES having recommended that space to the EVENT ORGANIZER.

 

Cancellation of a booked event: The PROVIDER must send all cancellation requests via recommended letter with signature at reception to NATIVE SPACES. The PROVIDER cancellation is not effective until NATIVE SPACES provides written confirmation of such cancellation.

In case of cancellation of the event less than 30 days prior to the event date the PROVIDER shall pay to NATIVE SPACES 200 EUROS (which NATIVE SPACES may refund to the EVENT ORGANIZER in its discretion) and all incurred by NATIVE SPACES costs and expenses (such as transaction processing fees) related to the event up to the date of cancellation. Transaction processing fees are not refundable in any case.

The PROVIDER will be accountable for and will support the EVENT ORGANIZER with any costs or inconveniences caused by the cancellation. NATIVE SPACES will not be held responsible for any unilateral cancellations.

NATIVE SPACES will deduct any applicable cancellation fees for which the PROVIDER is responsible from any fees or amounts owed by NATIVE SPACES to the PROVIDER.

 

Force Majeure: If the PROVIDER is unable, for reasons beyond their control, to make the Space available to the EVENT ORGANIZER on the Event Date, the PROVIDER shall offer the EVENT ORGANIZER the option of choosing an alternative date to hold the event at no extra charge to the EVENT ORGANIZER. If the EVENT ORGANIZER and the PROVIDER cannot agree upon an alternative date within 10 days of the original event date, then the PROVIDER shall refund to the EVENT ORGANIZER the full amount of fees charged to the EVENT ORGANIZER (including the full Security Deposit). In neither case shall the PROVIDER be liable for any additional costs incurred by the EVENT ORGANIZER arising out of a rescheduling or cancellation of the event.

 

5.              Termination

The PROVIDER may terminate this agreement by sending recommended letter with signature at reception to NATIVE SPACES. The termination is only effective when NATIVE SPACES provides written confirmation.

NATIVE SPACES reserve the right to terminate this agreement and the PROVIDER listing on the website at any time without prior notice or liability.  NATIVE SPACES may change or discontinue any part of the NATIVE SPACES website at any time without prior notice or liability.

 

6.              Intellectual Property

The PROVIDER agrees that once the PROVIDER sends or submits any content to NATIVE SPACES, it will be accessible by others on the website, and that there is no confidentiality or privacy with respect to such content, including any personally identifying information.

The PROVIDER is fully responsible for all shared with NATIVE SPACES content, and PROVIDER will indemnify us in respect of any loss, liability, claim, or damage incurred by us regarding any such content.

The PROVIDER retains all copyrights and other intellectual property rights for their own content.  The SPACE PROVIDER does, however, hereby grant NATIVE SPACES a non-exclusive, royalty-free, freely sub licensable, perpetual license to modify, combine with other content, copy, transmit, translate, format, distribute, publicly display, and otherwise use or exploit (including for profit) the PROVIDER’s content.