ACCEPTANCE OF TERMS
Thank you for choosing Emtee Space. The following Terms and Conditions and the Privacy Policy (together, the “Terms”) apply to any person that registers for and/or opens a Emtee Space Account through www.emtee.space
The Terms constitute a legally binding agreement between you and Emtee Space, which is a company incorporated under the laws of South Africa. For further information on Emtee Space, please see the Company Information page. For the purposes of these Terms, any reference to “we” “us” “our” “Emtee Space” and/or any similar term shall be construed as reference to Emtee Space.
By registering for and opening a Emtee Space Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Emtee Space Site and/or your Emtee Space Account.
Please read these Terms carefully before using theEmtee Space Site as they affect your legal rights and obligations.
SCOPE OF EMTEE SPACE SERVICES
The Emtee Space Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Home owners” and the services they offer are “Host Services”) to publish such Host Services on the Emtee Space Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of venue or other properties for use ("Storage Space"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other storage and non-storage venue related services.
As the provider of the Emtee Space Platform, Emtee Space does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Emtee Space an organizer. Venue/Property owners/managers etc alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Emtee Space is not and does not become a party to or other participant in any contractual relationship between Members, nor is Emtee Space a real estate broker or insurer. Emtee Space is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
While we may help facilitate the resolution of disputes, Emtee Space has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Emtee Space does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Emtee Space about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to store in an Storage facility, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Emtee Space of any Host or Listing.
If you choose to use the Emtee Space Platform as a Host or Co-Host (as defined below), your relationship with Emtee Space is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Emtee Space for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Emtee Space. Emtee Space does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
To promote the Emtee Space Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Emtee Space cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Emtee Space Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
ACCOUNT REGISTRATION
You must register an account ("Emtee Space Account") to access and use certain features of the Emtee Space Platform, such as publishing or booking a Listing. If you are registering a Emtee Space Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a Emtee Space Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Emtee Space Account and your SNS Account at any time, by accessing the "Settings" section of the Emtee Space Platform.
You must provide accurate, current and complete information during the registration process and keep your Emtee Space Account and public Emtee Space Account profile page information up-to-date at all times.
You may not register more than one (1) Emtee Space Account unless Emtee Space authorizes you to do so. You may not assign or otherwise transfer your Emtee Space Account to another party.
You are responsible for maintaining the confidentiality and security of your Emtee Space Account credentials and may not disclose your credentials to any third party. You must immediately notify Emtee Space if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Emtee Space Account. You are liable for any and all activities conducted through your Emtee Space Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Emtee Space may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Emtee Space Account. For example, we may allow eligible Members or certain third parties to book storage on behalf of other Members, or we may allow Home owners to add other Members as Co-Home owners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Emtee Space to ask for your credentials, and you shall not request the credentials of another Member.
CONTENT
Emtee Space may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Emtee Space Platform ("Member Content"); and (ii) access and view Member Content and any content that Emtee Space itself makes available on or through the Emtee Space Platform, including proprietary Emtee Space content and any content licensed or authorized for use by or through Emtee Space from a third party ("Emtee Space Content" and together with Member Content, "Collective Content").
Subject to your compliance with these Terms, Emtee Space grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Emtee Space Platform and accessible to you, solely for your personal and non-commercial use.
THIRD - PARTIES
The Emtee Space Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Emtee Space is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Emtee Space of such Third-Party Services.
SERVICE FEES
Emtee Space may charge fees to Home owners ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Emtee Space Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Emtee Space reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to Emtee Space. The applicable Service Fees (including any applicable Taxes) are collected by Emtee Space Payments. Emtee Space Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Emtee Space Payments. Except as otherwise provided on the Emtee Space Platform, Service Fees are non-refundable.
BOOKING STORAGE SPACE
You understand that a confirmed booking of an Storage (“Storage Booking”) is a limited license granted to you by the Host to enter, occupy and use the Storage for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Storage, in accordance with your agreement with the Host.
You agree to leave the Venue/Storage no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Venue”), you no longer have a license to make use of/ in the Venue and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you store or use the venue, an additional daily/nightly fee of up to two (2) times the average daily/nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable User Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Storage/Venue Fees"). Venue/Storage Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Storage. If you store at a Storage facility, or hire space at a venue you authorize Emtee Space (via Emtee Space Payments) to charge you to collect Venue/Storage rental Fees. A Security Deposit, if required by a Host, may be applied to any Venue/Storage Fees due for the Guest’s Goods.
BOOKING EXPERIENCES, EVENTS AND OTHER HOST SERVICES
You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service. Before and during an Experience, Event or other Host Service you must at all times adhere to the Home owners’ instructions. You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Emtee Space Platform.
BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS, RESOLUTION CENTER
Home owners and Guests are responsible for any modifications to a booking that they make via the Emtee Space Platform or direct Emtee Space customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Users can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Emtee Space Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Emtee Space Payments pursuant to the Payments Terms.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Emtee Space may allow the Guest to apply the refund to a new booking, in which case Emtee Space Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Emtee Space may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Emtee Space may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Emtee Space’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Home owners may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Emtee Space will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
In certain circumstances, Emtee Space may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Emtee Space's Extenuating Circumstances Policy or (i) where Emtee Space believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Emtee Space, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
If a User suffers a Life threatening Issue pursuant to the Guest Refund Policy, Emtee Space may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
If, as a Host, your User/Guest cancels a confirmed booking or Emtee Space decides that it is necessary to cancel a confirmed booking, and Emtee Space issues a refund to the User/Guest in accordance with the User Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Emtee Space Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Emtee Space Account, and Emtee Space Payments will handle all such payments.
RATINGS AND REVIEWS
Within a certain time frame after completing a booking, Guests and Home owners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Emtee Space. Ratings and Reviews are not verified by Emtee Space for accuracy and may be incorrect or misleading.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Emtee Space Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
DAMAGE TO STORAGE SPACE
As a Guest, you are responsible for leaving the Venue/Storage (including any personal or other property located at the Venue/Storage) in the condition it was in when you arrived. 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 Venue/Storage, excluding the Host (and the individuals the Host invites to the Venue/Storage, if applicable).
AMENDMENT OF TERMS
Emtee Space may amend the Terms from time to time. You should visit the Emtee Space website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Emtee Space Site.
The continued use of your Emtee Space Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Emtee Space Site and your Emtee Space Account.
ELIGIBILITY
By opening a Emtee Space Account, you expressly warrant and represent that:
1. You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Emtee Space Site, and have not previously been suspended or removed from using our services;
2. You will not use your Emtee Space Account for or in relation to any illegal activity, any Prohibited Activity, in violation of any laws, statutes, ordinances or regulations;
By opening a Emtee Space Account you accept and agree that Emtee Space may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Emtee Space Site or any Emtee Space Account in a manner that is inconsistent with the letter or spirit of these Terms.
RISKS
Emtee Space takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our services, including, but not limited to, any losses, damages or claims arising from (a) passwords being brute-forced, (b) server failure or data loss, (c) forgotten passwords, (d) incorrect or mistyped addresses; (e) unauthorized access to mobile applications; (f)phishing, viruses, third-party attacks or any other unauthorized third-party activities.
ELECTRONIC COMMUNICATIONS
You accept and agree that:
3. any communications, agreements, notices and/or any other documents (together “Communications”) relating to your Emtee Space Account or your use of Emtee Space’s services will be provided to you electronically by posting them on the Emtee Space Site, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically;
4. you will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;
5. you assume full responsibility for providing Emtee Space with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you. You can amend your contact information by signing-in to your Emtee Space Account and accessing the Settings page.
ACCOUNT SECURITY
Emtee Space takes security very seriously and we have certain measures put in place to protect your Emtee Space Account, however, you are solely responsible for:
6. maintaining adequate security and control over your Emtee Space Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), or any other codes associated with your Emtee Space Account;
7. Keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security.
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To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Emtee Space Account and accept all risks of any unauthorised or authorised access to your Emtee Space Account.
SERVICE AVAILABILITY
While we will do everything, we can to provide continuous operations, Emtee Space does not provide any warranty in relation to the availability of the Emtee Space Site or your Emtee Space Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Emtee Space Site or your Emtee Space Account and make no representation that the Emtee Space Site, your Emtee Space Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
RESTRICTION, SUSPENSION AND TERMINATION
Emtee Space reserves the right to restrict, suspend or terminate your Emtee Space Account where:
8. we reasonably suspect your Emtee Space Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
9. we reasonably suspect your Emtee Space Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms;
10. we reasonably suspect you or your Emtee Space Account is or has been associated with, or poses a high risk of, fraud, or any other financial crime;
11. we reasonably suspect your involvement in any attempt to gain unauthorised access to any Emtee Space Account.
Emtee Space will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Emtee Space Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Emtee Space‘s security and/or risk management procedures. You accept and agree that Emtee Space is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Emtee Space Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Emtee Space Account.
DISPUTES
You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the Emtee Space Platform, your Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.
Governing law and jurisdiction. This agreement shall be governed by and construed in accordance with either US or South African law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of US or South Africa.
Class or representative action waiver. To the maximum extent permissible by law, you and Emtee Space each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and Emtee Space agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.
For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Emtee Space logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Emtee Space and are protected by copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
TRADEMARKS
“Emtee Space ” the Company logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of Emtee Space. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
MISCELLANEOUS
Entire agreement. These Terms constitute the entire agreement and understanding between you and Emtee Space with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and Emtee Space (including but not limited to any prior versions of these Terms).
Severability. If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.
In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.
Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
Change of control. In the event that Emtee Space is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Force Majeure. Emtee Space shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
Survival. All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Emtee Space Account, use of the Emtee Space Site, disputes with Emtee Space and general provisions, shall survive the termination of these Terms.
Headings. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
English language controls. Notwithstanding any other provision of these Terms, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English.
CONTACT US
If you have any queries, complaints or compliments, you may email us at info@emtee.space