If you use the Services on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity you represent or acting in the benefit of. You agree to respond promptly and completely to requests from FlySpaces for additional information that FlySpaces deems necessary to determine your authority to act on behalf of a company or organization. FlySpaces may suspend or terminate your access to the Services and your account if FlySpaces has reason to believe that you are not authorized to act on behalf of a company or organization for whom you claim to be acting in connection with the Services.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services or Collective Content, then the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Collective Content.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUE HOSTS MAY CREATE LISTINGS (DEFINED BELOW) FOR VENUES AND CUSTOMERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH VENUES. YOU UNDERSTAND AND AGREE THAT FLYSPACES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUE HOSTS AND CUSTOMERS, NOR IS FLYSPACES A REAL ESTATE BROKER, AGENT OR INSURER. FLYSPACES HAS NO CONTROL OVER THE CONDUCT OF VENUE HOSTS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VENUES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
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, VIA THE APPLICATION OR THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT.
Key Terms and Definitions
“Booking Request” means all spaces that are not instantly bookable and will be submitted to the Venue Host for review before being confirmed.
“Booking Request Period” means the time period starting from the time when a Booking Request is made by a Customer (as determined by FlySpaces in its sole discretion), within which a Venue Host may decide whether to confirm or reject that Booking Request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Calendar Integration” includes integrations available for specific configurations of Google Calendar and Microsoft Exchange.
“Collective Content” means the Site and Application entire content, features, and functionality including, but not limited to all Content, Member Content and FlySpaces Content.
“Content” means text, graphics, images, software (excluding the Application), audio, video, information or other materials found in the Site.
“Customer” means a Member who instantly books or requests a booking of a Venue via the Site, Application or Services, or a Member who rents a Venue and is not the Venue Host for such Venue.
“Promotional Discount” means promotions issued by FlySpaces that may be applicable to all Venues or to a subset of Venues at the sole discretion of FlySpaces. When calculating the amount payable to the Venue Owner for the Payment Period, FlySpaces will add back the full value of the discount to the amount due to the Venue Owner for each booking transaction where a FlySpaces discount is redeemed.
“Venue Administrator” means, manager, client service personnel, or reception personnel of a Venue who creates a marketplace Listing via the Site, Application and Services on behalf of a Venue Owner. Venues will, at all times have at least one Venue Owner, which has full access and permissions to perform management functions, adjust settings and preferences, manage roles, manage funds and payments, sign up for services, and perform other key functions that the FlySpaces products offer.
“Instant Booking” means all spaces that can be booked instantly by the Customer. This means that FlySpaces will collect the fees, and confirm the booking for the Customer. FlySpaces will communicate Instant Booking details with Venue Hosts.
“Listing” means a Venue that is open and visible to the general public and that is listed by a Venue Host as available for booking via the Site, Application, and Services.
“User” means a person who completes FlySpaces’s account registration process, including Venue Hosts and Customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Member” means a person who completes the FlySpaces account registration process with the intention of becoming a Customer.
“Published” means when the Venue Host has completed the listing process and the Venue has been reviewed and verified by FlySpaces and published LIVE on the FlySpaces marketplace to be advertised for bookings.
“Service Fees” refers to the FlySpaces Fees paid by Venue Hosts through Customers , and any other fees or commissions outlined in these terms.
“FlySpaces Content” means all Content that FlySpaces makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“FlySpaces Lead” means all Listings available for Instant Booking or Booking Request that FlySpaces makes available through the Site, Application, or Services.
“Site” means https://www.flyspaces.com and all domains owned by the company.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), harmonized sales tax (HST), goods and services taxes (GST), income tax, withholding tax, and other similar tax imposed by any municipal, provincial, state or federal taxing authority, whether direct or indirect, including withholding and personal or corporate income taxes.
“Venue” means the specific space and/or location listed in a Listing by a Venue Host.
“Venue Chain” is a venue chain where all the Venues are owned by the same Venue Owner and where a Venue Member at one of the Venues in the Venue Chain is considered a Venue Member at all the Venues in the Venue Chain for purposes of calculating Service Fees.
“Venue Discounts” are Coupons issued by FlySpaces at the request of a Venue Owner. Venue Discounts may be applicable to all or a subset of the Venues registered by the Venue Owner. When calculating the Service Fee, FlySpaces will reduce the total fees used as the basis for the Service Fee by the value of the discount for the Venue Discount.
“Coupons” are discounts off of booking fees and services that are applied at the time a Member makes a booking, offered by the Venue. The Coupon reduces the amount of booking fees or services collected from the Member by FlySpaces by the value of the discount.
“Venue Owner” means the individual or entity responsible for Listing the Venue and who assigns the role of Venue Administrators The Venue Owner decides the range of roles, and permissions that the Venue Administrator will be able to perform on the FlySpaces platform. .Venue owner shall be considered the Lessor of the Venue or spaces listed with FlySpaces.
“Venue Host” means the Venue Administrator and/or the Venue Owner.
“Venue Originated Member” means a Member that first became a FlySpaces Member as a result of invitation by the Venue Host. A Member may not be originated by more than one Venue. FlySpaces shall determine at its sole discretion if a Member is a Venue Originated Member.
List of Terms
FlySpaces reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, then we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, then your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years old or older.
3. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of business venues and other commercial properties (“Venues”). Such Venues are included in Listings on the Site, Application and Services by Venue Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Venue or create a Listing, then you must first register to create a FlySpaces Account (defined below).
FlySpaces makes available a platform or marketplace with related technology for Customers to book work and meeting spaces in Venues listed by Venue Owners. FlySpaces is not an owner or operator of properties, including Venues, nor is it a provider of properties, including Venues, and FlySpaces does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including Venues, or any transportation or travel services. FlySpaces’s responsibilities are limited to: providing online solutions for (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Venue Host for the purpose of accepting payments from Customers on behalf of the Venue Host.
THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF VENUES. FLYSPACES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY VENUES. FLYSPACES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VENUES. ANY BOOKINGS MADE ARE AT THE CUSTOMER’S OWN RISK.
4. Account registration
In order to access certain features of the Site and Application, and to book a Venue, you must register to create an account (“FlySpaces Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”), such as Facebook and LinkedIn, (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 FlySpaces Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to FlySpaces through the Site, Services or Application; or (ii) allowing FlySpaces to access your Third Party Account, as is 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 FlySpaces and/or grant FlySpaces access to your Third Party Account (including for use for the purposes described in these Terms), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FlySpaces to pay any fees or making FlySpaces subject to any usage limitations imposed by such third party service providers. By granting FlySpaces access to any Third Party Accounts, you understand that FlySpaces 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 FlySpaces Account and FlySpaces 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 FlySpaces Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or FlySpaces’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. You have the ability to disable the connection between your FlySpaces Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. FlySpaces makes no effort to review any SNS Content for any purpose, including for accuracy, legality or non-infringement, and FlySpaces is not responsible for any SNS Content.
We will create your FlySpaces Account and your FlySpaces Account profile page 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 active FlySpaces 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. FlySpaces reserves the right to suspend or terminate your FlySpaces Account and your access to the Site, Application and Services if you create more than one FlySpaces Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 FlySpaces Account, whether or not you have authorized such activities or actions. You will immediately notify FlySpaces of any unauthorized use of your FlySpaces Account.
5. Member Reviews and Feedback
Both Members and Venue Owners may submit feedback of the Service following the completion of a Venue booking transaction. You acknowledge and agree that other users may publicly post ratings and reviews of you or your Venue, as applicable, and that FlySpaces may, but is not obligated to, monitor such postings and is not responsible in any manner for such ratings and reviews, and you hereby release FlySpaces from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews, including against any case for defamation.
6. No Endorsement
FlySpaces does not warrant the accuracy, completeness or usefulness of information on the Site or Application. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. FlySpaces does not endorse any Members or any Venues. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We are not responsible for any damage or harm resulting from your interactions with other Members.
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 Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from or against FlySpaces with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation does not apply to any claim by a Venue Host against FlySpaces regarding the remittance of payments received from a Customer by FlySpaces on behalf of a Venue Host, which is governed by the limitations in the section below entitled “Limitation of Liability”.
7. Appointment of FlySpaces as Payment Agent Each Venue Host hereby appoints, and each Customer confirms and agrees to the appointment of FlySpaces as the Venue Host’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Venue Host. Each Venue Host agrees that payment made by a Customer to FlySpaces shall be considered the same as a payment made directly to the Venue Host and the Venue Host will make the Venue available to Customer in the agreed upon manner as if the Venue Host has received the Venue Fees. Each Venue Host agrees that FlySpaces may, in accordance with the cancellation policy selected by the Venue Host and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Venue Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Venue Host, FlySpaces assumes no liability for any acts or omissions of the Venue Host. Please note that FlySpaces does not currently charge fees for the creation of Listings. However, you acknowledge and agree that FlySpaces reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that FlySpaces will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
8. Bookings and Financial Terms for Customers
A. Venue Fees
The Venue Hosts, not FlySpaces, are solely responsible for honoring any confirmed bookings and making available any Venues reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Venue Host for the booking of a Venue, you agree and understand that you will be required to enter into a lease agreement with the Venue Host and you agree to accept any terms, conditions, rules and restrictions associated with such Venue imposed by the Venue Host. Please note that it is the Venue Host and not FlySpaces that determines the Venue Fees, and consequently, the Total Fees. The Venue Fee may include other fees, at the Venue Host’s discretion. You acknowledge and agree that you, and not FlySpaces, will be responsible for performing the obligations of any such agreements, that FlySpaces is not a party to such agreements, and that, with the exception of its payment obligations hereunder, FlySpaces disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that FlySpaces is not a party to the agreement between you and the Venue Host, FlySpaces acts as the Venue Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Venue Host. Upon your payment of amounts to FlySpaces that are due to the Venue Host, your payment obligation to the Venue Host for such amounts is extinguished, and FlySpaces is responsible for remitting such amounts, less FlySpaces’s Service Fee, to the Venue Host. If FlySpaces does not remit any such amounts to a Venue Host, then such Venue Host will have recourse only against FlySpaces. Listings for Venues will specify the Total Fees. As noted above, the Venue Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by FlySpaces in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Venue Host), any amounts collected by FlySpaces will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer’s credit card will be released, if applicable.
You agree to pay FlySpaces for the Total Fees for any booking requested in connection with your FlySpaces Account if such requested bookings are confirmed by the applicable Venue Host. In order to establish a booking pending the applicable Venue Host’s confirmation of your requested booking, you understand and agree that FlySpaces, on behalf of the Venue Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card at least 20% of the Total Fees. Once FlySpaces receives confirmation of your booking from the applicable Venue Host, FlySpaces will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that FlySpaces cannot control any fees that may be charged to a Customer by his or her bank related to FlySpaces’s collection of the Total Fees, and FlySpaces disclaims all liability in this regard.
B. Recurring Payments
In some instances, Customers may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Venue (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Client authorizes FlySpaces, on behalf of Venue Host, to collect the Total Fees and the Venue Host agrees that such FlySpaces entity will initiate payouts to the Venue Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
C. Cancellation/ Refund Policy
Each Venue and/or Venue Host have their own cancellation and refund policies. Please check the Listing for details on the cancellation policy for such Venue.
D. Cancellation Disputes
If a dispute arises concerning a cancellation and/or a refund, the parties shall first attempt in good faith to resolve such dispute by negotiation and consultation between themselves. In the event that such dispute is not resolved on an informal basis, either party may, by written notice to FlySpaces within 24 hours of the Booking start time (“Dispute Notice”), refer such dispute to FlySpaces for mediation. After a Dispute Notice has been provided to FlySpaces, the parties agree that any decision made by FlySpaces concerning the dispute will be final and binding.
In certain circumstances, FlySpaces may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application or Services. FlySpaces may also determine, in its sole discretion, to refund to the Customer for part or all of the amounts charged to the Customer in accordance with FlySpaces’ Customer Refund Policy then applicable. You agree that FlySpaces will not have any liability for such cancellations or refunds.
Some Venue Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Venue Host does in fact make the donation he or she pledged to make.
BIR regulation, regarding tax reporting requirements, stipulates that Customers must remit 5% withholding taxes of the Venue Fees, among other tax compliance requirements. In relation to this, you understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. FlySpaces cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, each Venue Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
11. Foreign Currency
As part of the Services, FlySpaces provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Customer) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Venue Host. The currency in which you will be charged will be determined by FlySpaces based on the payment method you select and the location of the Venue in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Venue Host to receive payment, FlySpaces will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that FlySpaces has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although FlySpaces updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. FlySpaces will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the dates your booking is confirmed and the date FlySpaces makes payment to a Venue Host.
12. Damage to Venues
As a Customer, you are responsible for leaving the Venue in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Venue. If a Venue Host claims otherwise and provides evidence of damage, such as photographs, then you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be charged to and taken from the credit card on file in your FlySpaces Account. FlySpaces also reserves the right to charge the credit card on file in your FlySpaces Account, or otherwise collect payment from you and pursue any avenues available to FlySpaces in this regard, including using Security Deposits, in situations in which you have been determined, in FlySpaces’s sole discretion, to have damaged any Venue, including in relation to any payment requests made by Venue Hosts under the FlySpaces Venue Host Guarantee, and in relation to any payments made by FlySpaces to Venue Hosts. 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 Venue to the applicable Venue Host or to FlySpaces (if applicable).
Both Customers and Venue Hosts agree to cooperate with and assist FlySpaces in good faith, and to provide FlySpaces with such information and take such actions as may be reasonably requested by FlySpaces, in connection with any complaints or claims made by Members relating to Venues or any personal or other property located at a Venue (including payment requests made under the FlySpaces Venue Host Guarantee) or with respect to any investigation undertaken by FlySpaces or a representative of FlySpaces regarding use or abuse of the Site, Application or the Services. If you are a Customer, upon FlySpaces’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Venue Host, at no cost to you, which process will be conducted by FlySpaces or a third party selected by FlySpaces, with respect to losses for which the Venue Host is requesting payment from FlySpaces under the FlySpaces Venue Host Guarantee. If you are a Customer, you understand and agree that FlySpaces reserves the right, in its sole discretion, to make a claim under your insurance policy related to any damage or loss that you may have caused or been responsible for to a Venue or any personal or other property located at a Venue (including amounts paid by FlySpaces under the FlySpaces Venue Host Guarantee.) You agree to cooperate with and assist FlySpaces in good faith, and to provide FlySpaces with such information as may be reasonably requested by FlySpaces in order to make a claim under your property’s insurance policy, including executing documents and taking such further acts as FlySpaces may reasonably request, to assist FlySpaces in accomplishing the foregoing.
13. User Conduct
You are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Site, Application, Services and Content, and bookings. In connection with your use of our Site, Application and Services, you will not:
14. Privacy, Accessing the Site and Account Security
FlySpaces reserves the right to withdraw or amend this Site, and any service or material FlySpaces provide on the Site, in our sole discretion without notice. FlySpaces will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, FlySpaces may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
FlySpaces have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
The Site, Application, Services and Collective Content are owned by AppQii Technology Inc., its licensors or other providers of such material and are protected by United States, Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
FlySpaces Philippines, Inc., the term FlySpaces, the FlySpaces logo, and all related names, logos, product and service names, designs and slogans are trademarks of FlySpaces Philippines, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of FlySpaces Philippines, Inc.. All other names, logos, product and service names, designs and slogans on the Site, Application and Service are the trademarks of their respective owners.
17. Application License
Subject to your compliance with these Terms, FlySpaces grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. FlySpaces reserves all rights in the Application not expressly granted to you by these Terms.
18. FlySpaces Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, FlySpaces grants you a limited, non-exclusive, non-transferable license to (i) access and view any FlySpaces Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FlySpaces or its licensors, except for the licenses and rights expressly granted in these Terms.
19. Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to FlySpaces 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 Member Content on, through, or by means of the Site, Application and Services. FlySpaces does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to FlySpaces the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FlySpaces’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that FlySpaces 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 FlySpaces 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.
21. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of FlySpaces used herein are trademarks or registered trademarks of FlySpaces. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at info@FlySpaces.net or through firstname.lastname@example.org section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of FlySpaces and you hereby irrevocably assign to FlySpaces and agree to irrevocably assign to FlySpaces all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FlySpaces’s request and expense, you will execute documents and take such further acts as FlySpaces may reasonably request to assist FlySpaces to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
23. Copyright Policy
FlySpaces respects copyright law and expects its users to do the same. It is FlySpaces’s policy to terminate in appropriate circumstances the FlySpaces Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
24. Suspension, Termination and FlySpaces Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your FlySpaces Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your FlySpaces Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your FlySpaces Account, your Member Content, or receive assistance from FlySpaces customer service, (b) any pending or accepted future bookings as either Venue Host or Client will be immediately terminated, (c) we may communicate to your Clients or Venue Administrators or Venue Owners that a potential or confirmed booking has been cancelled, (d) we may refund your Clients in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (e) we may contact your Clients to inform them about potential alternate accommodations with other Venue Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for Bookings or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your FlySpaces Account. You may cancel your FlySpaces Account at any time via the “Cancel Account” feature of the Services or by sending an email to info@FlySpaces.net . Please note that if your FlySpaces Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
25. Monitoring and Enforcement
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site, Application or Services. YOU WAIVE AND HOLD HARMLESS FLYSPACES PHILIPPINES, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE APPQII TECHNOLOGY INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY FLYSPACES PHILIPPINES, INC. OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all communications before it is posted on the Site, Application or Services, and cannot ensure prompt removal of objectionable matters after they have been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
IF YOU CHOOSE TO USE THE SITE, APPLICATION OR SERVICES, THEN YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FLYSPACES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING CUSTOMERS AND VENUE HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FLYSPACES EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FLYSPACES MAKES NO WARRANTY OR GIVES ANY REPRESENTATION OR CONDITION THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING THE LISTINGS OR ANY VENUES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. FLYSPACES MAKES NO REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY OF ANY LISTINGS, VENUES, YOUR ACCRUAL OF FLYSPACES TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLYSPACES OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN.
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 ANY VENUE HOSTS OR CUSTOMERS. YOU UNDERSTAND THAT FLYSPACES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VENUES. FLYSPACES MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS 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 CUSTOMERS AND VENUE HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FLYSPACES. NOTWITHSTANDING FLYSPACES’S APPOINTMENT AS THE LIMITED AGENT OF THE VENUE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE VENUE HOSTS, FLYSPACES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.
27. Limitation of Liability
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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY VENUES VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FLYSPACES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FLYSPACES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE 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, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES,OR FROM YOUR LISTING OR BOOKING OF ANY VENUE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLYSPACES 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. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE VENUE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE FLYSPACES VENUE HOST GUARANTEE, IN NO EVENT WILL FLYSPACES’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING FROM YOUR LISTING OR BOOKING OF ANY VENUE USING THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY VENUE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A VENUE HOST, THE AMOUNTS PAID BY FLYSPACES TO YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR PHP5,000.00, 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 FLYSPACES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold harmless FlySpaces and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including 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; and (c) your (i) interaction with any Member, (ii) booking of a Venue, (iii) creation of a Listing or (iv) the use, condition or booking of a Venue by you, including any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Venue..
29. Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by applicable law, including the laws of the jurisdiction in which you obtained the Application. FlySpaces does not permit Listings associated with certain countries due to embargo restrictions under applicable laws.
30. Reporting Misconduct
If you stay with or Venue Host anyone who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to FlySpaces by contacting us with your police station and report number at info@FlySpaces.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
31. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between FlySpaces and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Venues made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FlySpaces and you regarding bookings or listings of Venues, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without FlySpaces’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FlySpaces 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.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by FlySpaces (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
34. Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law provisions. You and FlySpaces agree to submit to the personal jurisdiction of the courts located in Makati City, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, as set forth in the Dispute Resolution provision below in these Terms.
35. Dispute Resolution
You and FlySpaces agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled exclusively by binding arbitration by a single arbitrator, except that each party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and FlySpaces are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and FlySpaces otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The location of the arbitration will be in the Philippines. The arbitration will be governed by the rules of the Philippine Dispute Resolution Center.
If your claim does not exceed PhP100,000, then the arbitration will be conducted solely on the basis of documents you and FlySpaces submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds PhP100,000, your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The failure of FlySpaces to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FlySpaces. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
37. Contacting FlySpaces
If you have any questions about these Terms or any App Store Sourced Application, please contact FlySpaces at info@FlySpaces.com