Terms and Conditions
By using or accessing spaceblock, you acknowledge and agree that you are subject to the spaceblock Terms. If you do not fully agree to these Terms and any other terms and conditions posted or linked to the Site, you are not authorized to access or otherwise use the Site. The Terms constitutes a legally binding agreement between spaceblock and yourself. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into a legal and binding contract.
spaceblock is an online marketplace that connects hosts who have new, undiscovered, and underutilized spaces (collectively, the “space”) to rent with guests seeking to rent such spaces (collectively, the “services”) for a variety of activities, which services are accessible at www.spaceblock.co.za ( the “site”) and applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “application”).
spaceblock means “spaceblock.co.za”, “WE”, “US”, “OUR”
“Space” means a space within a property containing all possible events which are associated with a given experiment or happening.
“spaceblock Content” means all Content that spaceblock makes available through the Site, Application, Services, or its related promotional campaigns and office social media channels, including any Content licensed from a third party, but excluding Member Content.
“Content” means text, graphics, images, music, software, audio, video, information and other materials.
“Guest” means a Member who requests from a Host a booking of a Listing via the Site, Application or Services.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Space that is listed by a Host as available for rental via the Site, Application and Services.
“Listing” means a Space that is listed by a Host as available for rental via the Site, Mobile Application and Services.
“ The Site “ means www.spaceblock.co.za
“Member” means a person who completes The Sites account registration process, including but limited to Hosts and Guests, as described under the “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or spaceblock’s promotional campaign to be made available through the Site, Application or Services.
“Collective Content” means Member Content and spaceblock Content.
CHANGES TO THESE TERMS
spaceblock may revise these Terms at any time by amending this page. 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
spaceblock may update the Site,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 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 Application, or any content on either of them, will be free from errors or omissions.
THE SITE AND SERVICES
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitutes a binding agreement between you and spaceblock.
The Site, Application and Services comprise an online platform through which hosts may create listings for space and guests may search and book spaces directly with the hosts. You understand and agree that spaceblock is not a party to any agreements entered into between hosts and guests, nor is spaceblock a real estate broker, agent or insurer. spaceblock has no control over the conduct of hosts, guests and other users of the site, application and services or any space, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a listing on spaceblock, you understand and agree that your relationship with spaceblock is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of spaceblock for any reason, and you act exclusively on your own behalf and for your own benefit, and not on the behalf of or for the benefit of spaceblock. spaceblock does not control, and has no right to control your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of spaceblock, including by inappropriately using any spaceblock intellectual property.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, you are indicating that you have read, and that you understand and adhere to be bound by the terms and receive our services, whether or not you have registered with the site and application. If you do not agree to these terms, then you do not have the right to access or use the site.
LIMITED LICENSE TO USE THE SITE
Members are granted a limited, revocable non-exclusive license to access the Site, Application or Services and the content and services provided on the Site solely for the purpose of advertising a space, searching for a space. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application, and Services can be used to facilitate the listing and booking of Spaces. You may view Listings as an unregistered visitor to the Site, Application, and Services; however, if you wish to book a Space or create a Listing, you must be first registered to create a spaceblock Account.
As stated above, spaceblock makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Spaces directly with each other. spaceblock is not an owner or operator of properties and spaceblock does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the spaceblock platform, spaceblock’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
spaceblock cannot and does not control the content contained in any listings and the condition, legality or suitability of any spaces. spaceblock is not responsible for and disclaims any and all liability related to any and all listings and spaces. accordingly, any bookings will be made or accepted at the member’s own risk.
In order to access certain features of the Site and Application, and to book Spaces or create a Listing, you must register to create an account (“spaceblock Account”) and become a Member. You may register to join the Services directly via the Site or Application.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook and Google; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your spaceblock Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to spaceblock through the Site, Services or Application; or (ii) allowing spaceblock 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 spaceblock and/or grant spaceblock access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating spaceblock to pay any fees or making spaceblock subject to any usage limitations imposed by such third-party service providers.
By granting spaceblock access to any Third-Party Accounts, you understand that spaceblock will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your spaceblock Account and spaceblock Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your spaceblock Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or spaceblock’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. spaceblock makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and spaceblock is not responsible for any SNS Content.
Your spaceblock Account and your spaceblock Account profile will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active spaceblock Account. 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. spaceblock reserves the right to suspend or terminate your spaceblock Account and your access to the Site. If you create more than one (1) spaceblock Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your spaceblock Account, whether or not you have authorized such activities or actions. You will immediately notify spaceblock of any unauthorized use of your spaceblock Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the space to be listed, including, but not limited to, the location, capacity, size, features, and availability of the space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Listings must have valid physical addresses. Listings will be made publicly available via the Site. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking.
Other Members will be able to book your Listing via the Site based upon the information provided in your Listing, your requirements, and Users search parameters and preferences. You understand and agree that once a User requests a booking of your Listing, you may not request the User to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of a space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that spaceblock assumes no responsibility for a Space Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. spaceblock reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that spaceblock, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or spaceblock’s then-current Policies and Community Guidelines or Standards,Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Space Owner, you understand and agree that spaceblock does not act as an insurer or as your contracting agent. If a User requests a booking of your Space, any agreement you enter into with such User is between you and the User and spaceblock is not a party to it. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to book your Space, such as a set of house rules. Any Member wishing to book Spaces included in Listings with such requirements must meet these requirements.
DAMAGE TO HOST’S SPACE
As a User, you are responsible for leaving the 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 Space.
In the event that a Host provides evidence of damage you hereby agree to pay the cost of replacing / repairing those damaged items. Any necessary payment will be charged to and taken from the credit card on file in your spaceblock Account. spaceblock also reserves the right to charge the credit card on file in your spaceblock 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 Space to the applicable Host or to spaceblock (if applicable).
Both Users and Hosts agree to cooperate with and assist spaceblock in good faith, and to provide spaceblock with such information and take such actions as may be reasonably requested by spaceblock, in connection with any complaints or claims made by Members relating to Host’s Space.
spaceblock recommends that Hosts obtain appropriate insurance for their Spaces. Please review any insurance policy that you may have for your Space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users while occupying your Space.
spaceblock may offer Hosts the option of having photographers take photographs of their Spaces. If you as a Host choose to have photographer do this, spaceblock shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing. All images, materials and content created by these photographers, constitute spaceblock Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from spaceblock. If your spaceblock Account is terminated or suspended for any reason, you shall not use our imanges in any way. You agree that spaceblock retains its right to and may use the images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
spaceblock reserves the right in our discretion to refuse or remove content, or those parts thereof, that we believe is breaching our terms. We may, at our discretion, remove listings, put listings on hold or make minor changes to ensure that the listing is inline with our listing policies.A listing may be removed, changed or edited in our discretion:
(i) Images may not contain watermarks / logos (ii) Duplicate images are not allowed and will be removed (iii) Generic lifestyle images are not allowed (iv) Images that are old and outdated and do not depict the true nature of the space
(v) The listing is a duplicate of another listing posted by you (vi) Only one spaceblock account per user is allowed. Creating multiple accounts for the sole purpose of duplicating listings is not permitted (vii) Posting a listing in the incorrect category (viii) Images contain text or branding (ix) Entering information that is incorrect or misleading (x) All listings must be in english (xi) No website links (xii) Listings that do not contain enough information or are vague
(xiii) The space in a listing may not be substituted for another space without our consent. (xiv) Appears to be a copy of another listing (xv) Strong calls to actions in titles (eg: Call me now! ) (xvi) Capital letters in listing heading (eg: THE MOST SPECTACULAR SPACE IN THE COUNTRY !!! ) (xvii) Overuse of exclamation marks ( eg: Clean white modern space available for events and shoots !!!!! ) (xviii) Edit Typos, Edit/Remove duplicate keywords (xix) Inappropriate language (xx) Inappropriate photo / image (xxi) Discriminatory on race / religion / nationality (xxii) Images that are taken of another image ( eg: taking a picture of a space in a magazine )
By uploading your content you grant spaceblock a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of your material. When you add your copyrighted image and content, you grant spaceblock and its affiliates a license to use the material. spaceblock uses the right it has been given to market your space accordingly to prospective spaceblock guests. This may include but not limited to direct marketing with your content and images to potential guest, use of your content and images on social media network and other online marketing channels. In simple terms, you own all the content you upload but you give spaceblock the permission to use that content to market your space
spaceblock does not endorse any Member, Listing or Space. You understand that images taken by us are intended only to indicate a photographic representation of the Space at the time the photograph was taken. Our images are therefore not an endorsement by spaceblock of any Member, Listing or Space.
you may be ask to provide a form of identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
ACTIONS OR OMISSIONS
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from spaceblock with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against spaceblock regarding the remittance of payments received from a User by spaceblock on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
BOOKINGS AND FINANCIAL TERMS
“Space Fees” means the amounts that are due and payable by a User in exchange for that User’s Space. The Host alone, and not spaceblock, is responsible for the Space Fees for his or her Listing.
“User Fees” means the fee that spaceblock charges a User for the use of the Services, which is calculated as a percentage of the applicable Space Fees.
“Host Fees” means the fee that spaceblock charges a Host for the use of the Services, which is calculated as a percentage of the applicable Space Fees.
“Payment Method” means a payment method that you have added to your spaceblock Account, such as a credit card, debit card or PayPal.
“Service Fees” means collectively the User Fees and the Host Fees.
“Total Fees” means collectively the Space Fees and the User Fees plus any Taxes.
BOOKINGS AND FINANCIAL TERMS FOR HOSTS
If you are a Host and a booking is requested for your Space via the Site, Application or Services, you will be required to either pre approve, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application 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 spaceblock Account profile page, (iii) if the User and Host have both connected their spaceblock accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to spaceblock, such as a verified email address, connection to SNSs, or a ID document. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by spaceblock (via spaceblock Payments) for the requested booking will be refunded to the applicable Guest. When you confirm a booking requested by a User, spaceblock will send you an email, via the Application confirming such booking, depending on the selections you make via the Site.
spaceblock Payments will collect the Total Fees from Users at the time of the booking request or upon the Host’s confirmation and will initiate payment of the Fees (less applicable fees and taxes) to the Host in most cases within 5 business days after the booking date and time.
Each Host agrees that spaceblock may, in accordance with the cancellation policy (i) permit the User to cancel the booking and (ii) refund (via spaceblock Payments) to the User that portion of the Space Fees applicable in the cancellation policy.
BOOKINGS AND FINANCIAL TERMS FOR USERS
The Hosts, not spaceblock, are solely responsible for honoring any confirmed bookings and making available any reservations through the Site, Application and Services. If you, as a User, you choose to enter into a transaction with a Host for the booking of a Space, you agree and understand that you will be required to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Host. You acknowledge and agree that you, and not spaceblock, will be responsible for performing the obligations of any such agreements, that spaceblock is not a party to such agreements, and that, with the exception of spaceblock Payments’ obligations pursuant to the Payments Terms, spaceblock (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
You as a User agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your spaceblock Account. spaceblock Payments will collect the Total Fees pursuant to the Payments Terms. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
GENERAL BOOKING AND FINANCIAL TERMS
CANCELLATIONS AND REFUNDS
If, as a User, you wish to cancel a confirmed booking made via the Site. This can only be done in writing and submitted via our cancellation from which can be found on our Contact Us page. Details regarding refunds and cancellation policies are available via the Site. The User Fee is non-refundable regardless of the cancellation policy selected by the Host. spaceblock Payments will initiate any refunds due pursuant to the Payments Terms.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) spaceblock Payments will refund the Total Fees for such booking to the applicable Guest pursuant to the Payments Terms and (ii) the User will receive an email or other communication from spaceblock containing alternative Listings and other related information. If the User requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay spaceblock the Total Fees relating to the confirmed booking for the Space in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a User, have not received an email or other communication from spaceblock, please contact spaceblock.
If, as a Host, you cancel a confirmed booking, you agree that spaceblock may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) Impose a host cancellation fee equal to 50% of the space Fees We will automatically deduct any applicable cancellation fee or processing fee for which you are responsible, from the next payout.
In certain circumstances, spaceblock may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in spaceblock initial cancellation policy. spaceblock may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User in accordance with the Guest Refund Policy. You agree that spaceblock and the relevant Guest or Host will not have any liability for such cancellations or refunds.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the spaceblock account, the details of which will be provided on request.
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 spaceblock makes reasonable efforts to update the information on the Site and Mobile Application, spaceblock 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
TERMINATION FOR BREACH, SUSPENSION AND OTHER MEASURES
spaceblock may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the spaceblock Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) spaceblock believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, spaceblock or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition spaceblock may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your spaceblock Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your spaceblock Account, or temporarily or permanently suspend your spaceblock Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Users, or (ii) spaceblock believes in good faith that such action is reasonably necessary to protect the safety or property of Members, spaceblock or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your spaceblock Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your spaceblock Account has been suspended or this Agreement has been terminated by us, you may not register a new spaceblock Account or attempt to access and use the Site, Application and Services through other spaceblock Accounts. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
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, Application, Services and Content are provided without warranty of any kind, either express or implied. Without limiting the foregoing, spaceblock 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. spaceblock makes no warranty that the Site, Application, Services, Content, including, but not limited to, the listings or any 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, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Hosts or Users. spaceblock makes no representations or warranties as to the conduct of Users of the Site, Application or Services or their compatibility with any current or future Users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, 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 spaceblock. spaceblock hereby explicitly disclaims all liability for any act or omission of any User or other third party.
Nothing in these Terms excludes or limits spaceblock’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liabilities. To the extent permitted by law, spaceblock excludes all conditions, warranties, representations or other terms which may apply to the Site, Application, Services or any Content on it, whether express or implied.
spaceblock 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:
(i) use of, or inability to use, the Site; or (ii) use of, or inability to use, the Services; or (iii) use of, or inability to use, the Application; or (iii) any contact you have with other Users of spaceblock whether in person or online; or (iv) use of or reliance on any Content displayed on the Site; or (v) use of or reliance on any Content displayed on the Application or Site.
Please note that in particular,spaceblock will not be liable for:
(i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings (including, without limitation, any Tax reliefs); (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.
We assume no responsibility for the content of websites linked on the Site or Application. Such links should not be interpreted as endorsement by spaceblock of those linked websites. spaceblock 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 spaceblock’s aggregate liability arising out of or in connection with these Terms and your use of the Site, Application and Services including, but not limited to, from your Listing or booking of any Space via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, or Content and in connection with any Space or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site, 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 spaceblock to you in the twelve (12) month period prior to the event giving rise to the liability, or one thousand rand (R1,000), if no such payments have been made, as applicable.
You agree to release, indemnify, and hold spaceblock and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Space, or (iii) creation of a Listing; (d) the use, condition or rental of an 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 Space;
Except as they may be supplemented by additional spaceblock policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between spaceblock and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings made via the Site, Application and Services , and these Terms supersede and replace any and all prior oral or written understandings or agreements between spaceblock and you regarding bookings or listings, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, without spaceblock’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. spaceblock may assign or transfer these Terms, at its sole discretion, without restriction. PSubject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by spaceblock (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING 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 South Africa. The courts of South Africa 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).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site. (“Feedback”). You may submit Feedback by emailing us, through the “Contact Us” section of The Site. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of spaceblock and you hereby irrevocably assign to spaceblock and agree to irrevocably assign to spaceblock all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At spaceblock’s request and expense, you will execute documents and take such further acts as spaceblock may reasonably request to assist spaceblock to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.