Terms and Conditions – Last Minute Booking

Last Updated: 29 June 2022

These Terms of Use apply to any use of Late Space’s services. Please read these Terms of Use carefully before you start to use our services and before providing or advertising any services (“Listing”) through our Platforms. By accessing or using Late Space’s Platforms, you are indicating that you have read these Terms of Use and agree to be bound by them. If you do not agree with all of these Terms of Use, you are not permitted to access or use the services provided through the Platforms.

1. INTRODUCTION
   • Late Space Ltd (“Late Space” “we”, “us”), is a company registered in England and Wales under company number 13681151 with registered offices at 8 Devonshire Square, London, England, EC2M 4PL.
   • These terms of use, (the “Terms of Use”) set out the terms on which Late Space provides services (the “Our Services”) through Late Space’s booking platform as may be made available through our website (https://thelatespace.com), together with all related domains, mobile properties and related applications, collectively referred to as the “Platforms”. When we refer to “you”, we mean any person that accesses or uses the Our Services. When you make listing for any service, you are using the Platform to contract with third party customers (“Customer”). When you receive a booking confirmation through the Platforms (“the Booking”), you are entering to a contract directly with the Customer and are responsible for the delivery of the services (“Third Party Services”) under the terms and at the price specified in the Listing.
   • If you wish to contact Late Space, please email us at info@thelatespace.com.
   • These Terms of Use govern your relationship with us in respect of your use of Our Services, including any provision of services by you that is advertised on the Platforms and is made available by you.
   • By using or accessing Our Services, by making a Listing through our Platform and/or creating an account on our Platforms (a “Late Space Account”), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them
   • We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of Our Services or Platforms after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use.
   • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You cannot transfer your rights or obligations under these terms to another organisation unless previously agreed with us in writing.
   • These Terms of Use refer to the following additional terms, which also apply to your use of our Platform:
     1. Our Privacy Policy https://thelatespace.com/privacy
     2. Our Cookie Policy, which sets out information about the cookies on our Platforms. Our Cookie Policy is available by sending a mail to  info@thelatespace.com with Request for Cookie Policy in the subject line.

2. ACCESSING OUR PLATFORMs
   • Access to our Platforms is permitted on a temporary basis. We reserve the right to withdraw or amend our Platforms (and any products or services offered on them) without notice. We will not be liable if for any reason Platforms or any part of it or them are unavailable at any time or for any period.
   • We update our Platform from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend our Platforms (or any part of them) at any time without notice.
   • All information, images, and other content posted on our Platforms are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
   • You are responsible for making all arrangements necessary to access and view our platforms and should ensure you have up to date anti-virus software on any device from which your access our Platforms.
   • You are responsible for ensuring that all persons accessing our Platforms through your Late Space Account are aware of these Terms of Use.
   • We specifically reserve the right to withdraw access to our Platforms and/or cancel any order where we reasonably suspect fraud or money laundering by you or someone using your account.

3. PERMITTED USE
   • You are not permitted to use the Platforms:
     1. in any unlawful or fraudulent manner;
     2. to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
     3. to create, check, confirm, update, modify or amend another person’s records;
     4. to tamper with, modify, reverse engineer or amend any part of the Platforms;
     5. in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems; or
     6. with any automated software, process, program, robot, web crawler, spider, data mining, trawling or other “screen scraping” software, process, program or system;
   • In respect of Customers personal details:
     1. You must only use any customer personal information as necessary to facilitate the provision of the Supplied Services using the Platform as authorised by these Terms of Use and the Privacy Policy; and
     2. You must not use the Platforms or the customer’s personal details to send any advertisements, promotions without the relevant Customer’s express consent
   • You must not:
     1. Request, make or accept a booking or any other payment outside of the Platforms to avoid paying fees, taxes or for any other reasons unless expressly authorised by us;
     2. Request Customers to open an account, provide reviews or promote any third party website, application or service before, during or after a reservation unless authorised by us;
     3. Engage in any activity that is intended to manipulate our search algorithm;
     4. Provide Listings for services unless you are actually in a position to provide those services; and
     5. Use, copy, display, or frame the Platform or any of our branding without our consent.
   • You further represent and warrant that you:
     1. are not currently suspended and have not previously been banned by Late Space from using Our Services;
     2. are not acting on behalf of a competitor of Late Space;
     3. will not create more than one Late Space Account;
     4. do not offer any services that breaches any laws, agreement or licence
   • The Platforms are intended for use only by individuals or organisations who are located in the UK. We make no warranty or representation that any service we provide is available or otherwise appropriate for use outside of the UK. If you choose to use the Platforms from locations outside the UK, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
   • You may operate a link to our Platforms provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to our Platforms in such a way as to suggest or imply any form of association, approval, or endorsement by us. We reserve the right to require you to remove any link to our Platforms immediately and at any time and we may withdraw any linking permission at any time. Our Platforms must not be framed on any other site, nor may you create a link to any part of our site other than the home page. The website in which you are linking must comply in all respects with the content standards set out from time to time by us.

4. LATE SPACE ACCOUNTS
   • You must create a Late Space Account and provide information about yourself in order to use the features on our Platform, including when you provide a List. You are responsible for maintaining the confidentiality of your Late Space Account password and log-in credentials (“Late Space Account Credentials”). You are also solely responsible for all activities (including Listings) that occur in connection with your Late Space Account. You agree to notify us immediately of any unauthorised use of your Late Space Account.
   • We may terminate or suspend access to your Late Space Account or your ability to use our Platforms, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your Late Space Account, our Platforms and/or any other related information.
   • You may terminate your Late Space Account at any time by contacting us to request that we close your Late Space Account, and by discontinuing your use of all parts of Our Services.
   • Following termination pursuant to clause 4.3 you will still be under an obligation to perform any such Booked Services (as defined in clause 7.1) as have been placed through the Platform at the time of termination and you are bound by the terms of these Terms of Use in respect of any such Booked Services

5. LINKS TO THIRD PARTY WEBSITES
   • The Platforms may contain hyperlinks to websites operated by parties other than Late Space. Such hyperlinks are provided for your reference only. Their presence on the Platforms does not signify any endorsement by Late Space of the material on such third-party websites nor any association with their operators.
   • We do not control third-party websites and are not responsible for their contents, or the privacy or other practices of those that own and operate them.
   • It is your responsibility to ensure that whatever hyperlinks you select and/or software you download are free of viruses

6. BOOKINGS AND LISTINGS
   • Late Space provides the Platforms through which you can enter into a contract with the Customer for the provision of Third Party Services. Late Space is not a supplier of any Third Party Services, and your contract for supply of any Third Party Services you List will be directly between you and the applicable Customer. Late Space does not give any representations and/or warranties (whether expressed or implied) on but not limited to, the quality, pricing or the method in which the Third Party Services are provided by you. These Terms of Use govern your use of Our Services, which includes your use of the Platforms through which you may make a Listing. However, the provision of the Third Party Services you provide will be subject to your terms and conditions in respect of such Third Party Services, any information made available to you during the Listing process, and your terms and conditions including any complaints procedures
   • By creating a Listing, you warrant that you are at least 18 years of age, that you possess the legal authority to enter into both this binding agreement and a binding agreement with the Customer, to use Our Services, to provide the Third Party Services, and that all information you supply is true and accurate.
   • The Platforms provide mechanisms to offer Third Party Services with the Customer using the Platforms. You will have to provide information on matters such as, but not limited to, the services provided, prices, calendar availability and the way in which the services will be provided.
   • The Listing will have to include complete and accurate information about the Third Party Services. You are fully responsible for your acts and omissions. You must keep all the information provided as part of the Listing up-to-date and accurate at all times. You may maintain multiple Listings for different services that you provide;
   • If you agree to any changes with the Customer in relation to the provision of Third Party Services made through the Platform or associated with the Third Party Services made through the Platform, you must inform us immediately and pay any additional amounts, fees or taxes associated with any such modifications within 7 days.

7. CANCELLATIONS
   • You shall not be able to cancel the provision of any Third Party Services after these have been booked through the Platforms by the Customers (the “Booked Services”) without a valid reason as described in clause 7.2.
   • For purposes of clause 7.1, the following shall qualify as a valid reason for cancellation: Government-declared local or national emergencies, epidemics, pandemics and public health emergencies, acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrections, civil unrest, natural disaster, acts of God, large-scale outrages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events that directly affect the provision of the Third Party Services.
   • If you cancel any Booked Services without a valid reason, you must make a cancellation payment to us within 7 days of cancellation representing 12% of the Payment (as defined in clause 8.1) into such account as instructed by us.

8. PAYMENTS & SECURITY
   • When the Customer make a Booking, Late Space collects the payment information and processes the payment (the “Payment”). In doing so, Late Space acts as your limited payment collection agent, collecting the Payment on your behalf.
   • You agree that the Payment made by the Customer through our Platforms will be considered the same as a payment made to you directly as the Third Party Service provider and you will provide the Third Party Services booked by the Customer in agreed form as if you had received the Payment directly from the relevant Customer.
   • We will charge fees to you for the right to use the Platforms. Our fees will represent 15% of the Payment made by the Customer through the Platform. You agree that the payment that will be made by us to you will represent 85% of the Payment made by the Customer to us through the Platform (the “Supplier Payment”). You agree that any such Supplier Payment will only be subject and conditional upon successful receipt of the relevant Payment from the relevant Customer.
   • You agree that you will pay any VAT, or any such other tax as required for the provision of the Third Party Services to Her Majesty Revenue and Customs or to any such other body as it is required by law on the Supplier Payment. You agree that we shall not have any liability in respect of any VAT or any such other tax and that these are your sole responsibility.
   • To transfer the Supplier Payment to you, you must provide valid bank and account details to be used on the Platforms (the “Supplier Account”). You may be asked to provide details such as the name, billing address and financial instrument information either by us or any third-party payment processor we may be using from time to time. You must provide all information that we may request for the Supplier Payment to be made. Failure to provide any information required by us may result in the Supplier Payment being temporarily placed on hold, suspended or cancelled until the necessary information is provided and validated.
   • Subject to and conditional upon successful receipt of the payment from the Customer, we will use reasonable endeavours to ensure that the Supplier Payment is transferred to the Supplier Account within seven days from the day on which the Third Party Services are provided to the customer.
   • We may place on hold, suspend, or cancel any Supplier Payment for the purposes of preventing unlawful activity or fraud, security or completing an investigation.
   • The value of the Supplier Payment may be subject to taxes, duties, foreign transaction, currency exchange or other fees.
   • You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, or (iii) requiring you to take steps to confirm ownership of your email address. We reserve the right to terminate, suspend, or limit access to the Platforms in the event we are unable to obtain or verify any of this information.
   • We are not responsible for any loss, direct or indirect suffered by you as a result of incorrect payment information provided by you through the Platforms

9. YOUR RESPONSIBILITIES
   • You shall provide the Third Party Services to the Customer in accordance with the details provided in your Listings and as required under any Booking made by the Customer through the Platforms;
   • You shall ensure that the Third Party Services are performed with the highest level of care, skill and diligence in accordance with the best practice in your specific industry, profession or trade;
   • You shall ensure that the goods, materials, standards and techniques used in providing the Third Party Services are of the best quality and are free from defects in workmanship, installation and design
   • You warrant that we should not be liable to the maximum extent permitted by the law in respect of the provision of the Third Party Services.

10. INSURANCE
    • At all times during any period that you use the Platforms and for a period of [six months] after termination, you shall maintain in force, which a reputable insurance company, professional indemnity insurance at an amount not less than [£1,000,000] and public liability insurance at an amount not less than [£1,000,000] to cover the liability that may arise under or in connection with the Third Party Services provided to Customer and shall produce to us on request both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.

11. COMPLAINTS
    • You agree that if the Customer raises any form of complaint relating to Third Party Services, we will have no interaction or involvement with any such complaints made. All complaints must be dealt with by you directly with the Customer in accordance with the Third-Party Supplier’s own complaints procedure.
    • If following the complaints procedure or at any other such time as the Customer may reasonably demand a refund is required from the Third Party Supplier to the Customer as a result of the Third Party Supplier’s failure or omission to provide the Third Party Services or failure or omission to provide them to the standards advertised on the Platform or any other reasonable standards in the industry, the Third-Party Supplier will be under an obligation to refund any such part of the Payment the Customer as necessary to settle the complaint where reasonable For the avoidance of doubt, if the Payment is made in full, you are under an obligation to including an amount corresponding with any such fees which have been paid to us as described in clause 8.3 (the Commission) . You agree that we are under no obligation refund the Commission.
    • To the extent by all applicable laws we will not be liable for any complaints raised as a result of the provision or failure to provide the Third-Party Services.

12. COMPLIANCE WITH LAWS AND POLICIES
    • In performing your obligations to the Customer in respect of the Third Party Services you shall comply with all applicable laws, statutes, regulations and codes from time to time in force;

13. INTELLECTUAL PROPERTY
    • The trademarks, copyright, database rights and other intellectual property rights in the Platforms and in the information, content, material or data that we display on the Platform belong to us or our licensors and all such rights are reserved. You must not use such information or copyright material unless you have written permission from us to do so.
    • You may temporarily print, copy, download or store extracts of information, content, material or data displayed on the Platforms for your own personal, non-commercial use, provided you do not otherwise breach these Terms of Use.

14. OUR LIABILITY
    • PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS LATE SPACE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF OUR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF USE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING OURSERVICES OR PLATFORMS.
    • To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to our Platforms. In particular, we do not represent or warrant that our Platforms will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platforms.
    • We do not accept liability for any failure to maintain the Platforms and/or late or failed delivery of any information, images, and other content displayed on the Platforms.
    • To the full extent permitted by the law we do not accept liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising or in connection with use of, or inability to use our Platforms or use or reliance on any content displayed on our Platforms.
    • We do not accept any liability for the following types of loss, even if the loss is foreseeable: loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data or waste of management of office time.
    • The information, images, and other content displayed on the Platforms may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the information, images, and other content displayed on the Platforms.
    • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    • We shall not be liable for any loss caused as a result of your actions or inactions based on the information, images, and other content displayed on the Platforms. However, nothing in these Terms of Use shall affect your statutory rights, and nothing in these Terms of Use shall exclude our liability for death or personal injury arising through negligence, for fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.
    • We will not be liable in any way to you or any third party 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 the Third Party Services provided to the Customer by you.

15. YOUR LIABILITY
    • You agree to defend and indemnify Late Space and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
      1. your breach of these Terms of Use or the documents referenced herein;
      2. your violation of any law, rule, regulation or guideline;
      3. your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
      4. your use of Our Services;
      5. your Listing or provision of Third Party Services to Customer; or
      6. your negligence or wilful misconduct;
      7. any claims or complaints made by a Customer or any other third party in respect of the Third Party Services provided by you

16. SEVERANCE
    • If any provision or part-provision of this Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

17. FORCE MAJEURE
    • We shall not be in breach of this Terms of Use nor liable for delay in performing, or failure to perform, any of its obligations under this Terms of Use if such delay or failure result from events, circumstances or causes beyond its reasonable control.

18. NO PARTNERSHIP OR AGENCY
    • You agree that no joint venture, agency, partnership, or employment relationship exists between you and Late Space as a result of these Terms of Use or use of Our Services.

19. ENTIRE AGREEMENT
    • These Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and Late Space with respect to Our Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Late Space with respect to Our Services.

20. GOVERNING LAW
    • These Terms of Use 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 interpreted in accordance with the law of England and Wales.

21. JURISDICTION
    • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

22. COMPETITION
    • Win & Dyson Air Wrap or Apple Watch. There will be 1 winner who will be selected at random, after the competition deadline 15 December 2022, who has fulfilled the criteria. Entries made after this point will not be counted. We reserve the right to provide an alternative prize of equal value in the event of unforeseen circumstances. We reserve the right to exclude any entries which we believe to be inappropriate, fraudulent or based on misconduct. The prize is non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part. UK residents only. £10 promotion to be used by 31 December October 2022 within the Late Space App otherwise it will expire.