Terms of Service
Last updated: April 14, 2018
Whichost is an online marketplace that allows you to discover and book pubs and also offer your pub to customers. Please read our service agreement carefully below prior to using our marketplace and its services as it governs your use of our platform.
Importantly, this Usage Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Part 4 below. If you do not agree to all the terms and conditions of this Usage Agreement, including those governing disputes in Part 4, you may not use our platform or services.
This Whichost Services Agreement (“Agreement”) is a contract between Whichost Ltd. (“Whichost” or “we”) and the person(s) that are registered with Whichost (“user” or “you”). This Agreement describes the terms and conditions that apply to your use of the Whichost marketplace to book or list pubs or other pub services through our website or apps, and governs your pub for other users, and establishes the obligations owed between you and Whichost, and between you and other users.
Throughout this Agreement, the term “Service” means the service allowing you to book pubs or offer your pub and pub services to others through our website or apps (the “Platform”). The term Service does not include any services provided by third parties. The terms “Customer” and “Pub” refer to the party Booking or Listing a Pub, respectively.
A “Pub” is the physical space or pub that is made available to a Customer to use during specific times, and subject to specific Fees and any site-specific terms or limitations. A Pub may “List” a Pub by providing certain details about the Pub including availability, pricing, and terms or limitations of use; this posting about a Pub is called a “Listing.”
A customer may “Book” a Pub by accepting the times, fees, and any additional terms (such as fees for Additional Engineering Services) or limitations of the Listing. A “Booking” is (i) only the grant of a limited, temporary, revocable license to use a Pub, and (ii) if applicable, a contract for Pub Services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use, including times, specific fees, and other additional terms or limitations, constitutes a “Booking Agreement” that incorporates the terms and conditions of this Agreement and referenced policies. A Booking does not provide you with a lease but only allows you limited access to use the Pub or other services only as permitted in the Agreement and, as applicable, the Booking Agreement.
This Agreement is organized into 5 parts:
Part 1: General Terms includes general terms describing your Account including creating an account, accepting or making payments, and describing how we communicate with you.
Part 2: Platform and Service describe how you may and may not use the Platform and Service, and also describes how we use any data.
Part 3: Whichost Services establishes the obligations of Pubs, including how to List a Pub and what is expected of any Pub Listed through the Service; and the obligations of Customers, including Booking a Pub, expected behaviour, responsibility for payment of Fees, and Booking other services.
Part 4: Termination, Disputes, and Binding Arbitration describe termination or suspension of this Agreement or your Account, and the process of resolving any disputes. This section contains waivers of both class actions and jury trials, and an agreement to submit all claims and disputes to binding arbitration. Please read this section carefully before accepting this Agreement –you may not use the Platform or Services if you do not agree to this section.
If you have questions about this Agreement, please contact us at firstname.lastname@example.org. Your use of the Platform or Services constitutes your ongoing acceptance of this Agreement, as amended.
Part 1: General Terms
Whichost provides you access to Services through the Platform. You may access the Platform through our website or apps. You may use the Service to List Pubs, Book Pubs as a Customer, communicate with other users and access your Account.
You may also be permitted to Book Pub Services (“Pub Services”) through third-party service providers or through the Pub, which may require you to agree to additional terms or conditions. These Pub Services may include Audio Engineering, Production, or other Services that can take place in the Pubs. This is however not the main marketplace Service provided by Whichost.
We are continuously improving the Platform or Service for all users and reserve the right to make changes at any time. Changes we make to the Platform or Service, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform or Service adversely affect how you use them.
1.2 YOUR ACCOUNT
Before using the functionality of our Platform or Services, you must create an account with Whichost (“Account”) and provide us with information about yourself or your company. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about Pubs or payment information. Any employees, contractors, or third-parties opening a new or using an existing account (collectively, “Agents”) represent and warrant that they have the authorisation to act on behalf of a person or entity they claim to represent; and if such authorisation is not provided by the person or entity, such Agents acknowledge personal liability for all obligations and liabilities arising from or related to use of the Account by such Agents.
You will be required to provide an email address and password to keep your Account secure (“Credentials”), and agree to keep your Credentials private and secure. You are responsible for any actions taken on your Account using your Credentials whether or not authorised or taken by Agents to List or Book a Pub or Pub Services. You are solely responsible for the actions or communications of your Agents. We are not responsible for and disclaim all liability for use of your Account by your Agents.
When creating or using your Account, you may be required to provide information about yourself or your Pub. You will only provide Content to us that you own or have the authorisation to provide, and ensure that Content is accurate and complete. You must keep any Content current, including your contact or payment information. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information or verifying information about Pubs. You will provide us with any additional information to verify the accuracy or completeness of any Content that you provide and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us as and when we request it, we may suspend or terminate your Account.
If you are not at least 18 years old, you may not open an Account, access the Platform, or use the Services. Users (including Agents) who use the Services or the Platform to List or Book Pubs, Pub Services on behalf of individuals under 18 years old, or provide access or use of Pubs by individuals under 18 years old, accept personal liability for all acts or omissions of such individuals.
You may close your Account at any time by emailing us at email@example.com. You are responsible for all activity associated with your Account made before it is closed including payment of Fees, Taxes, or other Payments; providing use of Pubs to Customers as previously Booked; or other liabilities caused by or resulting from the use of the Platform or Service. You understand that we may retain Content and continue to display and use any public Content (including reviews of Pubs) provided to us prior to closing your Account. At our sole option, we may suspend or terminate your Account.
1.3 COMPLIANCE WITH LAWS
As used in this Agreement, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements. You will comply with all Laws applicable to your use of the Pub, Services, Platform, Pub Services, whether as a Pub or Customer. While we may provide information to help you understand certain obligations of using or listing Pubs, we are not authorised to provide and do not provide any legal advice. You are solely responsible for your compliance with Laws and may only use the Platform or Service in compliance with applicable Laws. If you are unsure how to comply with Laws, you should seek legal advice related to Listing or Booking a Pub.
1.4 FEES AND TAXES
(a) Fees, Overtime. You are responsible for payment of fees, expenses, and other amounts related a to Booking (“Fees”). Fees include amounts paid to Whichost, Pubs, and Pub Services and as described in our Fees Overview. Whichost receives Fees for providing use of the Service, and Pubs receive Fees for Bookings. The specific Fees charged are presented when you request, complete, and pay for a Booking. Please review the Pubs individually listed cancellation policy on their Listing prior to submitting a Booking request. You should contact Pubs through the Platform before Booking if you don’t understand the Fees listed or their cancellation policy that will be applicable. Please email us at firstname.lastname@example.org at any time if you do not understand Fees or have questions regarding them.
A Booking provides a limited use of a Pub or Pub Services as described in the Listing and Booking Agreement, if applicable. If you use a Pub or Pub Services beyond the Booking you will be responsible for payment of additional Fees (“Additional Fees”) at the Pub`s discretion. You are solely responsible for any damage done to the Pub during your Booking.
While we may facilitate the collection of Fees for Pubs and Pub Services, once remitted to Pubs, we are not responsible for the return of Fees or Deposits to Customers, where applicable.
(b) Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Pubs or Pub Services including any sales or occupancy tax, indirect taxes such as value added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Whichost will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Pub, or providing or using Pub Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Whichost for such Taxes upon demand. You are also responsible for any penalties arising from your failure to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failure to comply with this Agreement or misuse of the Platform, Services, Pub, or Pub Services (collectively, “Fines”). You understand and agree that Whichost does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes.
(c) Payment. You will timely and fully pay any Fees, Taxes, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as direct debit). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.
1.5 RECEIVING PAYMENT
Acceptance and payment of funds between users or Whichost on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorise us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Whichost does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
1.6 COMMUNICATION AND NOTICES
We may communicate with you and provide you information or notices regarding your Account or transactions through email or through messaging on the Platform. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to Book or List Pubs, or use the Platform or Services.
We may send you notices to the email address or physical address included in your Account, through messaging on the Platform. You may send any notices to us at email@example.com. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.
You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close your Account.
If you have problems communicating receiving messages, please first please contact us at firstname.lastname@example.org.
1.7 COMMUNICATION WITH OTHER USERS
The Platform allows you to communicate with other users without disclosing sensitive personal contact information. It is your responsibility to use good judgment in the information you provide to other users. You may use the Platform only to List or Book Pubs or Pub Services, communicate with us or other users, resolve disputes, or use other functionality we provide to you through the Platform. You may not use the Platform to send messages that are unwanted or unrelated to a Listing or Booking through the Platform, use the Platform to harass or attempt to market other services to users or send spam.
We strongly recommend that you should use the Platform to communicate with other users. If you use other means of communication you understand that you may be putting your personal contact information at risk of misuse. You also understand that any communications made outside of the Platform may impair your ability to recover all or some amounts owed to you in the event of a dispute between you and another user.
We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users, or communicating or engaging with users outside of the Platform.
Whichost, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.
Part 2: Platform and Service
2.1 OWNERSHIP, LICENSE, RESTRICTIONS
Whichost owns all right, title, and interest in the Platform, Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this Agreement and only as provided to you through the Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.
2.2 COMMUNITY GUIDELINES
We have established Community Guidelines that set our expectations for all users on the Platform. You will review and abide by the Community Guidelines whenever using the Platform or Services, communicating with other users, or using or providing use of Pubs. If you believe that another user is violating the Community Guidelines, please email us at email@example.com. Whichost shall have no duty to monitor users’ compliance with or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines.
(a) Posting Content. You represent and warrant that you are authorised to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any Content that is copyrighted by third parties without their express permission. You grant Whichost a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sub-license any Content you provide to us. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or online advertising). If you cannot provide us the above grant then you may not provide Content to us. You agree to indemnify, defend and hold us harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.
(b) Restrictions on Certain Content. You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a Pub; (v) contains marketing or promotional content unrelated to the details of a Pub; or (vi) includes sensitive personal information, including payment, contact information, or personal account details.
(c) DMCA Notices. If you believe that any Content posted violates your copyright, please notify us at firstname.lastname@example.org. This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorisation to enforce the rights of the copyright owner. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
2.4 PRIVACY AND DATA USAGE
Part 3: Whichost Services
3.1 LISTING PUBS - THIS SECTION APPLIES TO PUBS
(a) Listings. When you List a Pub, you must provide details about the Space including a description, the cost of a Booking, a list of amenities, current pictures, and other details about its potential uses and condition (collectively, “Description”). While it is important to communicate the benefits of your Pub, the Description must be accurate and give potential Customers a reasonably good understanding of how they may use the Pub for their Booking. Descriptions may not include any additional contractual obligations or alter Customers legal liabilities from those described in this Agreement.
(b) Transacting with Customers. All Pubs must comply with our Community Guidelines when Listing a Pub, providing a Description, and in transacting with Customers. You are responsible for maintaining the Pub and Pub Services so that Customers may reasonably use them as provided in the Description and Booking. Pubs must be in good working order and provided to Customers in a safe, clean and usable condition as described.
(c) Conduct and Fees. As a Pub, you are solely responsible for ensuring that Pub complies with all applicable Laws including any local ordinances related to the condition, licensure, or registration Pubs for use by Customers, and payment of Taxes. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time.
3.2 BOOKING PUBS AND PUB SERVICES - THIS SECTION APPLIES TO CUSTOMERS
(a) Bookings. As a Customer, you should review the Description and availability to confirm they are appropriate for your Booking. The Platform allows you to confirm any details or ask the Pub any specific questions about the Pub or Pub Services, or confirm details of a Booking, without sharing your personal contact information. Prior to Booking, you will need to provide payment information through the Platform. Booking Fees will be shown before you complete your Booking. You are responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to the Cancellation Policy listed on each individual Pub Listing.
When you Book a Pub, you are only provided with a license to use the Pub as described in the Booking and confirmed by the Pub, subject to this Agreement and any Booking Agreement. A Booking does not provide you with a lease or access or use of the Pub beyond the specified time and Description.
(b) Conduct and Fees. You will comply with the Community Guidelines and any Booking Agreements throughout the Booking and use the Pub or Pub Services only as permitted or agreed upon and consistent with the Description, and assure that any attendees do the same. During your Booking, you are responsible for (i) the behaviour and acts of others in attendance that access the Pub, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) complying with applicable Laws. You are responsible for and accept all liability for any damage done to the Pub during your Booking by yourself or others in attendance whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree the Pub and all amenities will be in substantially the same condition as provided to your or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Pubs of any damage done to the Pub or Amenities.
3.3 REQUIRED AND SUPPLEMENTAL INSURANCE
Required Insurance. Every user will acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, those attending the Booking, third parties, the Pub, and deciding what coverage, limits and providers are appropriate for you.
3.4 CANCELLATIONS AND REFUNDS
All cancellations and any refunds that may be available to you are subject to our Fees and cancellations are subject to the individual Cancellation Policy identified on each Pubs Listing. Whichost is not liable for any fees, expenses, or liability that is not in compliance with the Cancellation Policy for a Listing.
Part 4: Termination, Disputes, and Binding Arbitration
4.1 TERM, TERMINATION, AND SURVIVAL
(a) Term and Termination By User. You consent to this Agreement when you first access or use the Platform or Services, and your continued use of the Platform and Services constitutes your ongoing consent to this Agreement as amended from time to time. You may terminate this Agreement by closing your Account with us, however, this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any obligations to pay for Bookings, to honour any Bookings made before termination, or to pay Fees, Taxes or Fines due; or any liabilities that you incurred prior to termination.
(b) Suspension or Termination by Whichost. We may suspend your Account--including your ability to communicate with other users or receive payments, or complete a Booking--or terminate this Agreement and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Whichost, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with this Agreement or applicable Law.
(c) Survival. The following provisions will also survive termination of this Agreement: Parts 1.3 (Compliance with Laws), 1.4 (Fees and Taxes), 1.6 (Communication and Notices), 1.7 (Communication with Other Users), 2.1 (Ownership, License, Restrictions), 2.2 (Content), 2.4 (Privacy and Data Usage), Part 3.1(Conduct and Fees) for Pubs, Part 3.2(b) (Conduct and Fees) for Customers, 3.3 (Required and Supplemental Insurance), 3.7 (Cancellations and Refunds), 4 (Termination, Disputes, and Binding Arbitration), and Part 5 (Additional Legal Terms).
4.2 BINDING ARBITRATION
This section describes how disputes or claims arising under this Agreement between you and Whichost or between you and another user (not resolved through the process set forth in Part 4.3) will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section.
(a) Process for Arbitration. Subject to the exclusions provided in Part 4.2(b) and the process provided in Part 4.3, all disputes, claims, and controversies arising under or related to this Agreement between you and Whichost or between you and another user (if not resolved pursuant to Part 4.3 below) will be resolved through binding arbitration as follows:
- (i) if the amount of the dispute, claim, or controversy is reasonably less than €25,000, resolution shall be administered online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. You consent to receive electronic service of process at the email associated with your Account. Where you are delinquent in responding to such process, you will be responsible for any attorney, court, or other fees associated with the delinquency. The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Whichost. As a part of the User Dispute, you may also seek to recover these costs if you prevail.
- (ii) if the amount of the dispute, claim or controversy is reasonably €25,000 or more, resolution shall be before a single arbitrator and administered by JAMS International. This includes but is not limited to any statutory or common law claims relating to breach, enforcement, or interpretation of this Agreement and any Booking Agreement. Any such arbitration will take place in the county where the Booked or Listed Pub is located, unless you and Whichost mutually agree otherwise. The arbitrator will apply the substantive Laws of Ireland. All claims from €25,000 to €250,000 shall be subject to the JAMS International Streamlined Arbitration Rules. To initiate such an arbitration, a party will provide a written demand that states both the basis of the claim and the desired relief. Each party irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement affects the right of any party to serve process in any other manner permitted by Law.
Once arbitration is initiated as provided in Subparts (i) or (ii) above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorneys’ fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.
The arbitrator may provide for any monetary or other remedies that are available under applicable Law but may not modify the terms of this Agreement or any Booking Agreement. The arbitrator will provide a reasoned decision addressing the specifics of the dispute. The decision is binding and not subject to appeal. The parties will act promptly to respect the decision of the arbitrator, including payment of any amounts owed or taking of any action required.
Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
(b) Certain Claims Excluded. Notwithstanding Part 4.2(a), the parties agree that any claims based on ownership or misuse of the other party’s intellectual property—including patents, copyrights, or trademarks—may be brought before the courts in Ireland. Either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.
(c) Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this Agreement or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted. You may opt-out of this class action and jury waiver described in Part 4.2(c) by emailing us at email@example.com within 30 days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Part 4.2(c) and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Part 4.2(c), please note that all other provisions of this Agreement will remain intact and in full force and effect.
(d) Conflict of Rules. If any provision of this Part 4.2 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.
4.3 DISPUTES BETWEEN USERS
This section describes how disputes or claims arising under this Agreement between you and another user will be resolved. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section..
(a) Initial User Dispute Resolution. You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (“User Dispute”) in good faith through the Platform. If you are unable to resolve the User Dispute, you then will submit the User Dispute to us at firstname.lastname@example.org. In our sole discretion, we may (i) require that you submit additional details regarding any User Dispute, and/or (ii) hold any pending payments or reverse any payments already made to you and hold such payments pending final resolution of the User Dispute. We will review the summary and communications made on the Platform. We may, but are not required to, also review communications made outside of the Platform. Upon review and investigation, we will either (a) provide you and the other user our conclusion based on the summary provided, which you agree to accept as final and binding determination with the same force and effect as if determined through arbitration as provided in Part 4.2; or (b) require that the dispute is resolved through binding arbitration adjudicated by a third party as provided in Part 4.2(a). The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Whichost. As a part of the User Dispute, you may also seek to recover these costs if you prevail. Any payments held by Whichost pending final resolution of a User Dispute shall be disbursed by Whichost as determined by Whichost, the arbitrator, or a court of competent jurisdiction.
(b) User Disputes Under €25,000. After following the process outlined above, if the User Dispute relates to an amount reasonably less than €25,000, you agree to submit the User Dispute to binding arbitration as provided in Part 4.2(a)(i) above.
(c) User Disputes of €25,000 or higher. After following the process outlined above, if the User Dispute relates to an amount reasonably €25,000 or more, you agree to submit the User Dispute to binding arbitration as provided in Part 4.2(a)(ii) above.
4.4 CONFIDENTIALITY OF PROCEEDINGS
Any proceedings pursuant to this Part 4 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
Part 5: Additional Legal Terms
5.1 RIGHT TO AMEND
We may amend or modify this Agreement at any time by posting the modified Agreement on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify this Agreement constitutes your consent to the revised Agreement.
Whichost is not responsible or liable for nonperformance caused by communication failures or nonperformance of Pubs.
Cancellations of Bookings, whether with or without cause or caused by events outside of your reasonable control, are subject to individual Pub Listing Cancellation and Refund Policy. Please review it carefully before Booking a Pub or Pub Services.
5.3 NO ASSIGNMENT
You may not assign this Agreement or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this Agreement upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
WHICHOST PROVIDES THE PLATFORM AND SERVICE TO LIST AND BOOK PUBS AND PUB SERVICES, AND COMMUNICATE WITH OTHER USERS. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY PUB OR PUB SERVICES. PUBS, CUSTOMERS, AND PUB SERVICE PROVIDERS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY WHICHOST. PUBS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND MAY CONDITION USE OF PUBS OR PUBS SERVICES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. WHICHOST IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON CUSTOMERS, PUBS, OR PUB SERVICES PROVIDERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF PUBS OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING CUSTOMERS, PUBS, OR PUB SERVICES PROVIDERS IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. WHICHOST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY CUSTOMERS, PUBS, OR PUB SERVICES PROVIDERS WILL BE PROVIDED TO YOU AS DESCRIBED. WHICHOST DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING PUBS OR PUB SERVICES.
THE PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE PLATFORM OR SERVICES ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE; OR THAT THEY ACCURATELY REPRESENT PUBS OR PUB SERVICES PROVIDERS. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR SERVICE, OR FEATURES OF EITHER, AT ANY TIME.
5.5 REPRESENTATIONS AND WARRANTIES
By opening your Account, you represent and warrant that (a) you are authorised to use the Platform and Services and have authority to execute this Agreement; (b) that you have only one Account with us and have not had an Account terminated by us previously; (c) all information provided to us is accurate and complete; (d) you will not use the Platform or Services in violation of Law or the Community Guidelines, to commit fraud, to deceive other users, or for any other improper purpose; and (e) you are authorised to provide any Content to us.
When using the Platform or Services as a Pub, you further represent and warrant that (f) you are permitted under applicable Laws to List any Pubs provided; (g) your Listing of a Pub and the Pub itself comply with applicable Laws; and (h) you will reasonably facilitate the use of, and not obstruct the use of, the Pubs as Booked by Customers.
When using the Platform or Services as a Customer, you further represent and warrant that (i) you will comply with any Booking Agreements; (j) you will not use Pubs or Pubs Services in a manner that violates Laws or Community Guidelines, or that facilitates the violation of either by third parties; and (k) that any payment Credentials provided to us may be used as described in this Agreement.
You will indemnify, defend and hold Whichost and its owner(s), agents, members, information providers, attorneys, or affiliates (collectively, “Whichost Affiliates”) harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of your Pub (for Pubs) or Pub Service (for Pubs), or use of Pubs or Pub Services (for Customers); (b) Content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your obligations under this Agreement, and (f) any contract or other agreement between you and any other user other than through the Platform. This indemnification will survive termination of this Agreement.
5.7 LIMITATIONS OF LIABILITY
EXCEPT TO THE LIMITED EXTENT OF THE WHICHOST FEES (AS DEFINED BELOW) UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL WHICHOST OR ITS OWNERS, AGENTS, MEMBERS, INFORMATION PROVIDERS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, OR PUBS OR PUB SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
AS USED HEREIN, “WHICHOST FEES” SHALL MEAN THE AMOUNT PAID BY YOU TO WHICHOST, EXCLUDING ANY AMOUNTS THAT WERE PAID OR PAYABLE TO PUBS OR PUB SERVICES, FOR USE OF THE PLATFORM OR SERVICES.
THE LIMITATION OF LIABILITY SET FORTH ABOVE APPLIES TO THE EXTENT PERMITTED BY LAW.
5.8 ADDITIONAL TERMS FOR USERS OUTSIDE IRELAND
We may allow for use of the Service to List Pubs outside of Ireland. Where this is permitted, you will be required to ensure that your use of the Service, including Listing or Booking, as applicable, comply with all Laws specific to your country, province, or region. European users may be required to provide information to assist with our collection of the VAT or other indirect Taxes or evidence of your exemption such Taxes.
5.9 ENTIRE AGREEMENT; INTERPRETATION
This Agreement together with any Booking Agreement constitutes the entire agreement between you and Whichost governing your use of the Platform or Services. This Agreement supersedes all prior understandings or agreements between you and Whichost. As between you and Whichost, this Agreement controls over any conflicting terms in a Booking Agreement except where expressly stated otherwise and agreed upon in writing between the parties.
Any monetary amounts described in this agreement will be in Euros and “€” will be read to mean Euros.