Last Updated 1 December 2016
- Terms of Service
1. School Lettings Limited of 5 Park View Gardens, London NW4 2PR hereinafter referred to as "SchoolHire", "we", "us", or "our") provides an online platform that connects schools, colleges, universities and leisure centres who have facilities to rent ("Venues") with users seeking to rent such facilities ("Users") (collectively, the "Services"). The Services are accessible at www.schoolhire.co.uk and any other websites through which SchoolHire makes the Services available (collectively, the "Site"). Only registered users (a "Member" or collectively "Members") will be permitted to undertake a transaction using the Site. By using the Site you agree to comply with and be legally bound by these terms and conditions relating to the Service ("Terms"), even if you do not become a Member. These Terms govern your access to and use of the Site, the Services and all Content (defined below), and constitute a binding legal agreement between you and SchoolHire.
2. By becoming a member and then accessing any information from the Site or Services and or proceeding to engage with a Venue or a User or registering a Listing you are deemed to have read all of these Terms, and Policies together with any updates published from time to time and you agree to be bound by them.
3. The Site and Services comprise an online platform through which Venues may create Listings and Users may learn about and contract to use the Venue’s facilities directly with the Venue using the platform. You understand and agree that SchoolHire is not a party to any agreement entered into between a User and a Venue and that SchoolHire has no control over the conduct of the Venues, Users and other users of the Site or its Services. SchoolHire specifically disclaims all and any liability over the conduct of any Venues, Users or other users of the Site and Services to the maximum extent permitted by Law.
4. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
"Booking" means a request by a User to book a Facility that is confirmed by a Venue.
"Booking Request" means a request by a User to book a Facility.
"Booking Request Period" means the period stated on the Term Sheet starting from the time when a booking is requested by a User (as determined by SchoolHire in its sole discretion), within which a Venue may decide whether to confirm or reject (or request further information in relation to) that Booking Request.
"Cancellation Policy" means the relevant cancellation policy that the applicable Venue uses and which a User agreed to when making a Booking Request.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Facility" means a facility (or facilities) listed by a Venue as available for rental to Members via the Site and Services.
"Facility Fees" means the amounts that are due and payable by a User in exchange for that User's use of a Facility and any additional charges the Venue has stipulated for services such as equipment or food and drink. The Venue alone, and not SchoolHire, determines these amounts. The Venue may in its sole discretion decide to include in these amounts Taxes that the Venue determines that he or she has to collect which must be clearly displayed including whether for example VAT is included or not. If a Tax is not displayed then it will be deemed to be included.
"Member" means a person who completes SchoolHire's account registration process, and has agreed to be bound by these Terms and Policies.
"Payment Fees" means the payment fee that SchoolHire charges a User for booking a Facility with a Venue via the online platform to the extent the payment fee is not absorbed by the Venue. The payment fee will be displayed to the User when the User is asked whether it wishes to send a Booking Request to a Venue.
"Tax" or "Taxes" mean any value added tax (VAT) or such other tax that Venue may be required by law to collect.
"Term Sheet" means the term sheet entered into between SchoolHire and a Venue setting out the terms of engagement between the parties.
"Total Fees" means the Facility Fees and the Payment Fees (plus any Taxes in respect of User Fees, such as VAT).
"User" means a Member who requests from a Venue a booking of a Facility via the Site or Services.
"Venue” means an organisation that has signed a Term Sheet with SchoolHire to list its Facilities via the Site and Services.
"Venue Fees" means the fee that SchoolHire charges a Venue, as stated on the Term Sheet, for the use of its online platform, which is calculated as a percentage of the applicable Facility Fees (exclusive of any Venue Payment Fees).
"Venue Payment Fees" means the Payment Fee that SchoolHire charges a Venue for a User booking a Facility with a Venue via the online platform to the extent the payment fee is not paid by a User.
SchoolHire reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, at any time and without prior notice. Such modifications will not apply to completed Bookings but will apply to all uncompleted Bookings. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. For an uncompleted Booking the User and the Venue will receive notification that any modification has been made prior to completion of the Booking transaction. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, or Services after we have posted a modification on the Site or have provided you with notice of a modification, you will be deemed to have accepted that you will be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
- How the site and services work
1. The Site and Services can be used to facilitate the searching, listing, Booking and payment of Facilities. Such Facilities are listed on the Site by Venues.
2. As stated above, SchoolHire makes available an online platform or marketplace with related technology for Users and Venues to meet online and arrange for bookings and payment for Facilities directly with each other. SchoolHire's responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Venue for the purpose of accepting payments from Users on behalf of the Venue.
3. All bookings for a Facility are made directly between the Venue and the User and all Bookings are made at the Venue and Users own risk. SchoolHire cannot and does not control the content of Facility listing and does not control the condition or suitability of any Facility. Facilities are used by Users at the risk of the User who should ensure that all insurances for the use of the Facility are in place. SchoolHire specifically disclaims all and any liability over the condition of any Facility to the maximum extent permitted by Law.
- Account registration
In order to access certain features of the Site and to book a Facility or create a Listing, you must register to create an account ("SchoolHire Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
- Facility listings
1. As a Venue, you must add your facilities and keep them active and open (to the extent your scheduling allows) for the Length of Contract. To create a Facility, you will be asked a variety of questions about the Facility to be listed, including, but not limited to its capacity, size, features, and availability of the Facility, additional terms, pricing and financial terms including any additional Taxes. Facilities will be made publicly available via the Site and Services. Members will be able to book Facilities via the Site and Services based upon the information Venue provide.
2. Venues acknowledge
and agree that any request to the Venue to book a Facility must be made as a
Booking Request on the Site. A Venue is not allowed to let a Facility to be
used by a member of the public unless the
Booking has been made using the Site.
3. Venues acknowledge and agree that they are responsible for any and all Facilities they list. Accordingly, you represent and warrant that any Facility you list and the Booking of, or a User's use of, a Facility (i) will not breach any agreements you have entered into with any third parties and will be in compliance with all applicable laws, rules and regulations.
4. SchoolHire reserves the right, at any time and without prior notice, to remove or disable access to any Facility for any reason, including a Facility that SchoolHire, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Policies, or otherwise harmful to the Site or Services.
5. As a Venue, you understand and agree that SchoolHire does not act as an insurer or as your contracting agent. If a User requests a Booking of a Facility and uses said Facility, any agreement you enter into with such User is between you and the User and SchoolHire is not a party to that agreement. SchoolHire does, however, serve as the limited authorised payment collection agent of the Venue for the purpose of accepting on behalf of the Venue, payments from Users of such amounts stipulated by the Venue.
6. Whilst SchoolHire makes certain tools available to a Venue to help them make informed decisions about which Members you choose to confirm a booking you acknowledge and agree that, as a Venue SchoolHire has no liability in relation to the decision to enter into an agreement with a User or the subsequent conduct of that User or the other users of the Facility invited by the User. Further the Venue is responsible for its own acts and omissions and remains responsible for the acts and omissions of any individuals who use or are otherwise present at the Facility at your request, invitation or with your agreement.
7. SchoolHire recommends that Venues obtain appropriate insurance for their Facilities and ensure that all Users who use their Facilities are likewise covered by either the Venue’s insurance or their own.
8. The quality of the photographs used to display a Facility on the Site are of paramount importance to SchoolHire and so it reserves the right to remove or request the removal of any photographs or to request new photographs at any time. SchoolHire may offer Venues the option of using a SchoolHire approved photographer to take photographs of the Facilities at their Venue.
- Bookings and financial terms for Venues
1. If you are a Venue and a Booking Request is made via the Site, you will be required to either confirm, reject (or request further information in relation to) the Booking Request within the Booking Request Period. When a Booking Request is made via the Site, we will share with you the name and contact details of the User who has requested the booking. When you confirm a Booking Requested by a User, SchoolHire will send you an email/notification confirming such Booking Request depending on the selections you make via the Site and Services.
2. Once the Venue has confirmed the Booking Request then SchoolHire will take full payment from the User of the Total Fees. SchoolHire will send the User and Venue an email/notification confirming the booking.
3. SchoolHire will make payment of the Facility Fees (less SchoolHire's Venue Fees, any relevant Venue Payment Fees and any Taxes in respect of the Venue Fees, such as VAT) after the User has completed its use of the applicable Facility (except and unless a refund is due to the User). Payment will be made to the Venue via SchoolHire's next monthly payment run.
4. Balances will be remitted by SchoolHire to Venues BACS in Pound Sterling. Amounts may be rounded up or down as described in the "Rounding Off" section below.
5. Each Venue hereby appoints SchoolHire as the Venue’s payment collection agent solely for the purpose of accepting the Facility Fees from Users.
6. Each Venue agrees that payment made by a User through SchoolHire, shall be considered the same as a payment made directly to the Venue, and the Venue will make the Facility available to the User in the agreed-upon manner as if the Venue has received the Facility Fees.
7. Each Venue agrees that SchoolHire may, in accordance with the Cancellation Policy, (i) permit the User to cancel the booking and (ii) refund (via SchoolHire) to the User that portion of the Facility Fees specified in the Cancellation Policy. Each Venue understands that as SchoolHire accepts payments from Users as the Venue’s agent that SchoolHire's obligation to pay the Venue is subject to and conditional upon successful receipt of payment from a User. SchoolHire does not guarantee payments to Venues for amounts that have not been successfully received by SchoolHire from Users. In accepting appointment as the authorised agent of the Venue, SchoolHire assumes no liability for any acts or omissions of a Venue.
- Bookings and financial terms for Users
1. The Venues, not SchoolHire, are solely responsible for the performance of any Bookings and making available any Facilities reserved through the Site. If you, as a User, choose to enter into a transaction with a Venue for the booking of a Facility, you agree and understand that you are entering into an agreement directly with the Venue and that you agree to accept any terms, conditions, rules and restrictions associated with such Facility imposed by the Venue. You acknowledge and agree that SchoolHire will not be responsible for the performance of any agreement you enter into with the Venue. SchoolHire is not a party to the agreement between the User and the Venue for the use of the Facility and with the exception of its payment obligations, SchoolHire disclaims all liability arising from or related to any such agreement. You acknowledge and agree that SchoolHire is acting solely as the Venue’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Venue. Upon payment of the Total Fees to SchoolHire your payment obligation to the Venue for the Facility Fees is extinguished.
2. The Total Fees payable will be displayed to a User before the User sends a Booking Request to a Venue. As noted above, the Venues is required to either confirm, reject) or request further information in relation to) the Booking Request within the Booking Request Period.
3. In order for a User to confirm a booking the User will be required to pay in full the Total Fees to SchoolHire as soon as that the Booking Request has been accepted. The Booking will lapse if payment is not made at that time.
4. SchoolHire reserves the right to introduce, change, alter or amend the fees it charges to Users upon reasonable notice. New fee rates will not apply to completed Bookings which are yet to be performed but will apply to all Bookings made after the date that the new fees are introduced, altered or amended.
5. If as a Venue you are registered for VAT it is your responsibility to correctly account for VAT. It is also your responsibility to tell us whether VAT is chargeable on the hire of your Facilities if you are registered for VAT. We will prepare VAT invoices between you and your users on your behalf. These will be based on the information provided by you and on record at the point in time that the invoice is raised. SchoolHire cannot be held responsible for any incorrect VAT arising from the information provided by you. If you are unsure of your VAT status or whether you should be charging VAT on your Facility you should take professional advice.
- Cancellations and refunds
1. If, as a User, you wish to cancel/amend a Booking made via the Site, the Cancellation Policy of the Venue will apply to such cancellation. Our ability to refund the Facility Fees and other amounts charged to you will depend upon the terms of the applicable Cancellation Policy, which was identified at the time of Booking. Payment Fees are non-refundable regardless of the Cancellation Policy selected by the Venue.
2. If a Venue cancels/amends a Booking made via the Site, SchoolHire will refund the Facility Fees as well as the Payment Fees (or proportion of the Facility Fees, as well as a proportion of the Payment Fees as applicable) to the applicable User within a commercially reasonable time of the cancellation.
3. If, as a Venue, you cancel a Booking for a Facility, Venue Fees will not be payable.
- Rounding Off
SchoolHire can only process payments for whole numbers and so payments will be rounded to the nearest whole number. SchoolHire may, in its sole discretion, round up or round down amounts that are payable from or to Users or Venues to the nearest pound; for example, SchoolHire will round up an amount of £101.50 to £102.00, and £101.49 to £101.00.
- Payment processing errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original pay out to or payment by you, so that you end up receiving or paying the correct amount.
1. You, as a Venue, understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for Taxes to be collected or obligations relating to applicable Taxes for your Facilities. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. A Venue must clearly identify all additional taxes which are payable by a User at the time of a Booking Request otherwise such taxes will be deemed to be included in the Facility Fee.
- Use By Users and Damage to facilities
Users must use the Facility as per each Venue’s terms and conditions. As a User, you are responsible for leaving the Facility 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 Facility. In the event that a Venue provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. The recovery of damages will be a matter to be determined between the User and the Venue and SchoolHire will have no role to play in such determination.
- User conduct
1. use automated scripts to collect information from the Site or Service;
2. impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
3. upload, post, transmit or distribute any unsolicited or unauthorised advertising, solicitations, promotional materials, or any other prohibited form of solicitation;
4. upload, post, transmit, distribute, store or make publicly available on the Site any private information of any third party;
5. upload, post, transmit or distribute any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer hardware, software, or telecommunications equipment;
6. intimidate or harass any third party;
7. upload, post, transmit, distribute, store or otherwise make available on the Website content that might constitute, encourage or provide instructions for the commission of a criminal offence;
8. use or attempt to use another party's account, service or system without the written consent of both SchoolHire and that other party;
9. create a false identity on the Site or Service;
10. use the Site or Service in any way that may create a conflict of interest or undermine the integrity and purposes of the Site or Service; or
11. upload, post, transmit, distribute, store or otherwise make available on the Site any comments you are not properly authorised or qualified to make.
You acknowledge and agree that the Site, Services and Content, including all associated intellectual property rights, are the exclusive property of SchoolHire and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
By making available any Content on or through the Site and Services, you hereby grant to SchoolHire a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote or market the Site and Services. SchoolHire does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that SchoolHire is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SchoolHire of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Proprietary rights notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SchoolHire used herein are trademarks or registered trademarks of SchoolHire. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Intellectual property policy
SchoolHire respects the intellectual property rights of others and expects its users to do the same.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SchoolHire and you hereby irrevocably assign to SchoolHire and agree to irrevocably assign to SchoolHire all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SchoolHire's request and expense, you will execute documents and take such further acts as SchoolHire may reasonably request to assist SchoolHire to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
1. If you choose to use the site, services or Content and participate, you do so at your sole risk. You acknowledge and agree that SchoolHire does not have an obligation to conduct background checks on any Member. The Site, Services and Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, SchoolHire explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of a course of dealing or usage of trade. SchoolHire gives no warranty that the Site, Services, Content, including, but not limited to, the Facilities will meet a User's requirements or be available on an uninterrupted, secure, or error-free basis.
2. No advice or information, whether oral or written, obtained from SchoolHire or through the Site or Services or Content, will create any warranty not expressly made herein.
3. You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Venues or Users.
- Limitation of liability
1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Content, your Facilities or Bookings via the Site and Services, and any contact you have with other users of SchoolHire whether in person or online remains with you. Neither SchoolHire nor any other party involved in creating, producing, or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Services or Content, from any communications, interactions or meetings with other users of the Site, or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SchoolHire has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
2. Except for our obligations to pay amounts to applicable Venues pursuant to these Terms, in no event will SchoolHire's aggregate liability arising out of or in connection with these Terms and your use of the Site and Services or from the use of or inability to use the Site, Services, or Content and in connection with any Facilities or interactions with any other Members, exceed the amounts you have paid for a Booking via the Site and Services as a User in the three(3) month period prior to the event giving rise to the liability, or if you are a Venue, the amounts paid by SchoolHire to you in the three (3) month period prior to the event giving rise to the liability, or one hundred pounds sterling (£100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between SchoolHire and you.
You agree to release, defend, indemnify, and hold SchoolHire and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b); (c) your (i) interaction with any Venue or Member, (ii) booking of a Facility, or (iii) listing a Facility; and (d) the use, condition or rental of a Facility 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 Facility.
- Entire agreement
These Terms constitute the entire and exclusive understanding and agreement between SchoolHire and you regarding the Site, Services, Content, any Bookings or listing of Facilities made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SchoolHire and you regarding Bookings or Facilities, the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without SchoolHire's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SchoolHire may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
In the event any provision, clause, sentence, phrase, or word in these Terms or their application is held to be invalid or unenforceable such invalidity or unenforceability shall not affect the validity or unenforceability of the remainder of these Terms or the application of any such provision, sentence, clause, phrase or word in any other circumstances.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SchoolHire (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 will be governed by the laws of England and Wales and be enforceable only in a court of competent jurisdiction in England and Wales.
- Contacting SchoolHire
If you have any questions about these Terms please contact SchoolHire at firstname.lastname@example.org