CityStasher Terms & Conditions
CityStasher Customer Terms & Conditions
Last Updated: 14.11.2017
These Conditions apply to all Customers and form part of each contract entered into between a Host and a Customer and between CityStasher and a Customer. Each Customer enters into a contract with a Host and a separate contract with CityStasher when it uses this website to make a booking with that Host. Each Customer should also read, and has the benefit of, Host Conditions 4 and 5 and should be aware that each Host with which it contracts has the benefit of Customer Conditions 3 and 4 below.
1.1 This website is owned and run by CityStasher Ltd (CityStasher) of 25 Barge Walk, London SE10 0FN, registered number 09787338, VAT registration number 277 4568 55, email: email@example.com, web: www.citystasher.com, tel: +44 203 355 3544.
1.2 CityStasher makes available a technological marketplace for persons who have available space (Hosts) and persons who require temporary storage (Customers) to arrange online for the use of the available space for storage purposes. CityStasher does not itself act as a Host.
2.1 Customers may book storage via this website at any time. Customers are reminded to check Host’s opening hours prior to booking. To book storage through CityStasher, Customers must register to create a CityStasher account and thus become a member. Please see the website terms and conditions, which govern access to and use of this website.
2.2 Each Customer agrees to provide accurate, current and complete information during the registration process and to update that information as necessary to keep it accurate, current and complete. CityStasher reserves the right to suspend or terminate a Customer’s CityStasher Account and access to this website if any information provided proves to be inaccurate or incomplete. Each Customer is responsible for safeguarding his password and agrees that he will not disclose his password to any third party and that he will take sole responsibility for any actions under his CityStasher Customer Account, whether or not he has authorised those actions. Each Customer must immediately notify CityStasher of any unauthorised use of his CityStasher Customer Account by emailing firstname.lastname@example.org.
2.3 When placing a booking, each Customer will be asked to provide certain information, such as: i) dates and approximate times for dropping off and picking up items, ii) number of items and iii) any relevant notes to the order. In addition, each Customer will be asked to provide customary billing information, such as name, billing address and contact details. Each customer will also be asked to provide payment card information to a third party payment provider and each Customer’s payment card will be debited at the time of booking. Once payment is confirmed, a Customer’s booking transaction is complete, and the Customer will receive an e-mail confirmation summarising his confirmed booking. All payments by Customers to CityStasher and by CityStasher to Hosts will be processed through the Stripe online payment system, unless clearly stated otherwise. Payments made through Stripe will be subject to their automatic fraud checks. Please see www.stripe.com/radar for more information.
2.4 Customers are reminded that storage must be booked through this website. Hosts are not permitted to accept cash payment in store and Customers must not attempt to pay for storage in cash. Doing so breaches these terms and conditions and as a result invalidates the insurance that the Customer would otherwise benefit from, see Condition 6 “Insurance” below.
2.5 The fees for each transaction are displayed in the pricing section of this website and are stated inclusive of VAT. Fees are charged on a time of storage basis, so if a Customer fails to comply with his stated storage and collection times, additional charges may be debited to his payment card.
3.1 This website provides the opening times of each Host, and Customers are responsible for checking that these suit their booking plans. When a Customer books and pays for a Host’s space, a contract arises between the Host and the Customer under which, among other things, the Host must return the stored items to the Customer in the same condition in which they were stored at the time and on the date stated in the booking. CityStasher is not a party to this contract.
3.2 Each Customer will comply with the security arrangements specified by the Host, including the provision of proof of booking and proof of identity, inspection of the luggage stored, sealing of bags and/or photographing the luggage to record condition. Unless specifically agreed by CityStasher and the relevant Host at the time of booking, only the Customer which deposits an item may collect that item.
3.3 Each Customer is responsible for any injury or damage to the Host, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer. Each Host is responsible for any damage to, or loss or theft of, items stored with that Host unless the damage is caused by factors beyond the control of the Host. As an intermediary service provider, CityStasher will not be responsible in either case stated above and each Customer and Host releases CityStasher from any liability to it.
EACH CUSTOMER AGREES THAT IT WILL NOT STORE ANY OF THE FOLLOWING ITEMS
- Explosives, fuel, hazardous or flammable materials
- Pesticides, toxic chemicals, pollutants, waste of any kind
- Firearms, ammunition, illegal drugs or other controlled substances
- Stolen goods or other contraband
- Perishable food items, spoiled food, living or deceased plants or animals, infested or otherwise contaminated items, damp or mouldy items
- Radioactive materials, items which emit fumes or other strong odours
- Cash, fine art and securities
The Host may remove and dispose of any item stored that breaches this Condition without notice to the Customer and without any responsibility to the Customer. The Host may also report to any relevant authority any illegal or suspected illegal activities of the Customer or any hazardous item stored. The Customer agrees to release and indemnify the Host from and against any and all liability relating to the Host’s removal and/or disposal of stored property in accordance with this Condition, or the Customer’s breach of this Condition.
Cancellations and Refunds
Customers may cancel a booking by giving written notice to email@example.com, or by speaking to a member of the CityStasher team. Cancelled bookings will be fully refunded as long as notice is given prior to the start time of the booking. If a Host is unable to fulfil a booking, the CityStasher team will notify the Customer and provide a refund or, if the Customer requests, arrange storage with an alternative Host.
6.1 CityStasher has, at its own cost, arranged insurance that is provided by GUARDHOG, underwritten by Hiscox Limited, a global insurer with an A+ rating by Fitch. GUARDHOG is a registered trading name of Insurance Tailors Limited, a company registered in England and Wales number 5928330, registered office at 1a May Road, London, TW2 6QW. Insurance Tailors Ltd is authorised and regulated by the Financial Conduct Authority.
6.2 If as a result of a booking a Customer’s bag is damaged, lost or stolen, and that theft, loss or damage is directly caused by an approved Host under a booking that satisfies these terms and conditions (including Condition 4 “Prohibited Items” above) and the insurance policy general terms and conditions, then the Customer will be able to claim on CityStasher’s GUARDHOG insurance policy.
6.3 In the event of a claim for theft, loss or damage to a Customer’s bag, the Customer must inform GUARDHOG as soon as it becomes aware of a claim. The number to call is 0207 199 6610.
6.4 Please note that the amount you, the Customer, receive in the event of a claim may be subject to deduction of an excess (not exceeding £150) and may be subject to other limitations and exclusions in the insurance policy. For example, the insurance does not cover any valuables, fine art or money stored. Any Customer may ask CityStasher for a copy of the policy wording and policy summary if he or she has any concerns.
6.5 CityStasher recommends that Customers check their own insurance, if they have it, because standard travel and contents insurance policies may cover an individual for theft, loss or damage to his personal property even when stored elsewhere, particularly if the relevant insurer has been notified appropriately.
6.6 Each Host’s liability for any loss or damage to any bag stored with that Host will not exceed £750 or, if greater, the amount of any additional insurance purchased by the Customer. If the damage to the bag exceeds £750 in value, the cover is capped at £750 and neither CityStasher nor the Host shall be liable for the additional damage.
Governing law and other general provisions
These Conditions and any non-contractual obligations arising out of or in connection with them are governed by, and will be construed in accordance with, English law. The English courts have jurisdiction to settle any disputes that arise under these Conditions. Nothing in these Conditions shall constitute a partnership or joint venture of any kind between CityStasher and any Customer or constitute either party the agent of the other for any purpose.
CityStasher Host Terms and Conditions
Last Updated: 21.09.2017
These Conditions apply to all Hosts and form part of each contract entered into between a Host and a Customer. Each Host enters into a contract with a Customer when the Customer uses this website to make a booking with that Host. These Conditions also form part of the separate contract each Host has entered into with CityStasher. Each Host should also read, and has the benefit of, Customer Conditions 3 and 4 and should be aware that each Customer with which it contracts has the benfit of Host Conditions 4 and 5 below.
1.1 This website is owned and run by CityStasher Ltd (CityStasher) of 25 Barge Walk, London SE10 0FN, registered number 09787338, email: firstname.lastname@example.org, web: www.citystasher.com, tel: +44 203 355 3544.
1.2 CityStasher makes available a technological marketplace for persons who have available space (Hosts) and persons who require temporary storage (Customers) to arrange online for the use of the available space for storage purposes. CityStasher does not itself act as a Host.
2.1 CityStasher creates a listing for each Host using information provided by that Host. In order to be featured on this Website, the space must have a valid physical address.
2.2 Each Host represents and warrants that its listing and the booking of, or a Customer’s use of, his space: (i) will not breach any agreements he has entered into with any third parties; (ii) will be in compliance with all laws and regulations (including tax laws and regulations) that may apply to the Host; and (iii) will not conflict with the rights of third parties. CityStasher assumes no responsibility for a Host’s compliance with any applicable laws and regulations. It is a Host’s responsibility to investigate the legality of making space available to other people.
2.3 CityStasher does not itself act as an insurer. If a Customer books and pays for Host’s space, then at the time of storage there will be a contract between the Host and the Customer under which the Host must return the stored items to the Customer in the same condition in which they were stored at the time and on the date stated in the booking. CityStasher is not a party to this contract. In the event of a claim, customers should contact CityStasher. The claims process will be handled by CityStasher and our insurer - Hosts will not be held responsible for handling the claims process. The insurance covers each bag up to a maximum of £750 per bag and policy details may be found on our website. Each Host’s liability for any loss or damage to any bag stored with that Host will not exceed £750 or, if greater, the amount of any additional insurance purchased by the Customer. If the damage to the bag exceeds £750 in value, the cover is capped at £750 and neither CityStasher nor the Host shall be liable for the additional damage
2.4 CityStasher offers Hosts the opportunity to market or promote additional services and/or offer discounts to CityStasher Customers through its listing. CityStasher does not charge Hosts or earn commission from Customers for this service.
2.5 Each Host must ensure that its listing does not breach or invalidate any applicable mortgage, insurance or other agreement or policy. Each Host should check the terms of any such agreement or policy before advertising their space. Each Host must also be legally permitted to advertise the space on this website.
2.6 CityStasher is responsible for providing customer support and all Hosts are encouraged to direct customer enquiries to CityStasher, if the Host is not equipped to deal with the enquiry.
3.1 Each Host acknowledges and agrees that: (i) it is responsible for any and all information in its listing on this website, including notifying CityStasher if its opening hours or any other relevant information changes; (ii) it is required to provide correct bank account information in order to receive payment of Storage Fees from CityStasher and that it will promptly notify CityStasher should the account information provided change; (iii) it will not participate in any third party service or website that competes with CityStasher, without CityStasher’s prior written approval which may be granted subject to conditions; (iv) it will not agree a storage transaction with any person introduced to it by CityStasher other than through this website. Hosts who accept cash or other payment from Customers introduced to them by CityStasher other than through a CityStasher booking will be given a warning and then removed from this website.
3.2 When placing a booking, each Customer will be asked to provide certain information, such as: i) name, ii) dates and approximate times for dropping off and picking up items, iii) number of items and iv) any relevant notes to the order. These will be passed onto the Host and the Host is not liable for any data information security breach.
4.1 It is the responsibility of each Host to follow the Safety Checklist provided by CityStasher when a Customer arrives with a booking. This includes checking for proof of booking and proof of identity. Customers who arrive without a booking must be directed to the CityStasher website, or directed to call +44 203 355 3544 to place a booking over the phone. Each Host has the right to require additional security measures, such as inspection of the luggage stored, sealing bags with the security ties provided by CityStasher and/or photographing the luggage to record its condition at the time of storage.
4.2 Each Host will use reasonable efforts to protect and maintain the security of the items stored in its space and ensure they remain undisturbed. Hosts must use the space approved for secure storage by CityStasher.
4.3 If a Customer fails to pick up its item at the time stated in its booking, the Host must inform CityStasher. CityStasher will attempt to reach the Customer and arrange for it to pick up the item at a new time. Failing this, CityStasher will arrange for delivery of the item. If the Customer cannot be contacted, CityStasher will arrange to pick up the item and make plans for its disposal.
4.4 If a Host alters its opening hours (either generally or on a particular day) and this will affect an existing booking, the Host must inform CityStasher as a matter of urgency. Where a Host is not open to receive or deliver on a confirmed booking (a defaulting Host), CityStasher’s policy is to refund the booking fee paid by the Customer and/or, where practicable and with the Customer’s consent, to arrange a booking with an alternative Host for the Customer. In these cases, the defaulting Host will not be entitled to receive any commission on the booking and, if the commission has already been paid by CityStasher to the defaulting Host, the amount of any commission due to the alternative Host will be deducted from the next Storage Fee paid by CityStasher to the defaulting Host.
4.5 Each Customer agrees not to store any of the prohibited items identified in Customer Condition 4 ‘Prohibited Items’. If a Host reasonably suspects a breach of Customer Condition 4, the Host has the right to remove and dispose of the items stored without notice to the Customer and without responsibility to the Customer. The Host may also report to any relevant authority any illegal or suspected illegal activities of the Customer or any hazardous item stored. The Host must inform CityStasher immediately it becomes aware of a breach or a suspected breach of Customer Condition 4. By making a booking on this website, the Customer has also agreed to release and indemnify the Host from and against any and all liability relating to the Host’s removal and/or disposal of stored property, or the Customer’s breach of Customer Condition 4.
4.6 Each Host is responsible for any damage to, or loss or theft of, items stored with that Host unless the damage is caused by factors beyond the control of the Host. Each Customer is responsible for any injury or damage to the Host, its property or any third parties caused by the items stored or by any negligent act or omission of the Customer. As an intermediary service provider, CityStasher will not be responsible in either case stated above and each Customer and Host releases CityStasher from any liability to it.
Fees and Payment
5.1 Customers pay a fee (the Fee) when making a booking. The Fee is set out on this website and comprises two elements: a Storage Fee due to Hosts and a Service Fee due to CityStasher.
5.2 The Storage Fee (to which the Host is entitled as consideration for the use of his space and which CityStasher collects on behalf of the Host and pays to the Host) is agreed between each Host and CityStasher. The Service Fee (which CityStasher retains as consideration for the services provided by it and to cover costs such as transaction fees (for example, Stripe fees and/or bank charges on transfers made) and discounts applied to bookings (see Condition 5.3 below)) comprises the balance of the Fee.
5.3 CityStasher has complete discretion to offer promotional discounts to any Customer’s booking as it sees fit.
5.4 Each Host will be paid the Storage Fee owed to it by bank transfer to the account information provided by the Host in the contract it signs with CityStasher. Storage Fees are paid monthly in arrear on or around the 10th day of each month.
Each Host understands and agrees that it is solely responsible for determining its applicable tax (including but not limited to value added tax) reporting requirements in consultation with its tax advisers, if considered appropriate. CityStasher cannot and does not offer tax-related advice to any Host.
Each Host should check all relevant insurance policies to verify that damage to its property caused by third party property being stored in a commercial transaction is covered and each Host should ensure that it notifies all relevant insurers and other relevant third parties appropriately. In addition, each Host should ensure that all other relevant insurance policies (such as its own contents and public liability policies) cover it for any damage emanating from goods stored in accordance with these Conditions. If a Host has any questions about its insurance policy and how it relates to this service, CityStasher can put the Host in contact with Guardhog, who can offer a free consultation. GUARDHOG is a registered trading name of Insurance Tailors Limited, a company registered in England and Wales number 5928330, registered office at 1a May Road, London, TW2 6QW. Insurance Tailors Ltd is authorised and regulated by the Financial Conduct Authority.
Governing law and other general provisions
These Conditions and any non-contractual obligations arising out of or in connection with them are governed by, and will be construed in accordance with, English law. The English courts have jurisdiction to settle any disputes that arise under these Conditions. Nothing in these Conditions shall constitute a partnership or joint venture of any kind between CityStasher and any Host or constitute either party the agent of the other for any purpose. These Conditions are personal to CityStasher and each Host. CityStasher and any Host may assign its rights under these Conditions to any successor to its business. Otherwise neither party shall assign or transfer any of its rights or obligations under this contract without the prior written consent of the other party.
Website Terms and Conditions
INTRODUCTION These Conditions govern access to and use of this Site. Each person using this Site (each, a User) acknowledges and agrees that, by accessing or using this Site, or by downloading or posting any Content from or on this Site, it is indicating that it has read, and that it understands and agrees to be bound by, these Conditions, whether or not it has registered with this Site. If any User does not agree to these Conditions, then it has no right to access or use this Site. If any User accepts or agrees to these Conditions on behalf of a company or other legal entity, it represents and warrants that it has the authority to bind that company or other legal entity to these Conditions and, in that event, “User” will also refer and apply to that company or other legal entity, and its successors and assigns. YOU SHOULD READ THESE CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS. CityStasher Ltd. of 25 Barge Walk, London, SE10 0FN, registered number 09787338, (CityStasher) makes available a technological marketplace for persons who have available space (Hosts) and persons who require space (Customers) to arrange online for the use of the available space for storage purposes. CityStasher is not an owner or lessor of any space and does not own, lease, manage or sell any space. Any unauthorised or improper use of this website (this Site) or violation of these Conditions by any User may result in that User being banned from this Site and may subject that User to civil liability and/or criminal penalties.
In these Conditions, capitalised terms have special meanings. These are set out below in alphabetical order: Application means all mobile and web applications and other related software developed and owned by CityStasher; CityStasher Customer Account means an account created by a User (who thereby becomes a Customer) through registration on this Site as described in Condition 13 (“Creation of a CityStasher Customer Account”) below CityStasher Content means all Content that CityStasher makes available through this Site, including any Content licensed from a third party, but not including any Member Content; Collective Content means Member Content and CityStasher Content; Conditions means these Conditions and/or the customer terms and conditions and/or the Host terms and conditions included elsewhere on this Site; Content means text, graphics, images, software, audio, video, information or other materials; Customer means the person wishing to store an Item and Store, Storage and Storing mean the act of temporarily using a Host’s Space in accordance with these Conditions; Host means the person storing an Item and Hosting means the act of storing an item, in each case in accordance with these Conditions; Item means the property of the Customer that is stored in the Space; Listing means any listing of a Host’s details on this Site that is designed to result in Space being made available by a Host to a Customer; Member means each Host which has a Listing and each person who completes CityStasher’s account registration process; Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through this Site and includes, in the case of each Host, his Listing and, in the case of each Customer, any review posted by that Customer; Space means the space offered for use by a Host; This Site mean the website accessible at www.citystasher.com or www.citystasher.co.uk and all content on those websites and includes the Application as well as any and all marketing channels where Collective Content may be disseminated in CityStasher’s sole discretion; and Usermeans each person who uses this Site. Users may also, but do not have to, be Members.
2. USE OF THIS SITE
This Site can be used to facilitate the booking of Space. Spaces are included in Listings on this Site. You may view Listings as an unregistered visitor to this Site. However, if you wish to book a Space, you must first become a Member by registering to create a CityStasher Customer Account. This Site is intended solely for persons who are 18 or older. Any access to or use of this Site by anyone under 18 is expressly prohibited. By accessing or using this Site each User represents and warrants that he is 18 or older.
3. USER’S OBLIGATIONS
EACH USER AGREES THAT HE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING THOSE RELATING TO TAX) THAT MAY APPLY TO HIS USE OF THIS SITE. In connection with his use of this Site, each User may not and agrees that he will not:
- violate any applicable law or regulation, or any court order, including, without limitation, planning and tax regulations;
- use manual or automated software, devices, scripts, robots or other means to access, “scrape”, “crawl” or “spider” any web pages or other services contained in this Site;
- use this Site for any commercial or other purposes that are not expressly permitted by these Conditions;
- copy, store or otherwise access any information contained on this Site for any purpose that is not expressly permitted by these Conditions;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use this Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit or debit card or bank account numbers, in all cases without their prior permission, provided that nothing in this paragraph shall prevent a Customer providing a review of a Host or any Member from providing feedback to CityStasher;
- use this Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- “stalk” or harass any other user of this Site or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Customer or Host;
- offer, as a Host, any Space that the Host does not himself own or have permission to use;
- register for more than one CityStasher Customer Account or register for a CityStasher Customer Account on behalf of any other individual or entity;
- contact a Host or a Customer for any purpose other than facilitating a booking;
- recruit or otherwise solicit any Host to join third party services or websites that are competitive to CityStasher, without CityStasher’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent himself or his affiliation with any person or entity;
- use this Site to find a Host and then complete a booking of Space independent of this Site in order to circumvent the obligation to pay any fees;
- post, upload, publish, submit or transmit any Content, including, without limitation, any review, that: (i) violates a third party’s intellectual property rights or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination of any sort or is otherwise offensive; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes any other illegal or harmful activities or substances;
- circumvent any technological measure implemented by CityStasher or any person authorised by CityStasher to protect this Site;
- in any way use this Site to send altered, deceptive or false source-identifying information; and/or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide this Site or encourage or assist any third party to do so.
4. TERMINATION AND ACCOUNT CANCELLATION
CityStasher may, in its discretion and without liability to any User, with or without cause and with or without prior notice, at any time: (a) terminate these Conditions or any User’s access to this Site, (b) deactivate or cancel any Customer’s CityStasher Customer Account and (c) deactivate or cancel any Host’s Listing. Upon termination, CityStasher will promptly pay the affected User any amounts that it reasonably determines that it is legally obliged to pay the affected User. In the event that CityStasher terminates these Conditions, or any User’s access to this Site or deactivates or cancels any CityStasher Customer Account or Listing, each affected User will remain liable for all amounts due to CityStasher under these Conditions. Any Customer may cancel his CityStasher Customer Account and any Host may cancel his Listing at any time by sending an email to email@example.com. If a CityStasher Customer Account or Listing is deleted, CityStasher has no obligation to delete or return to the affected Member any Content he has posted or caused to be posted to this Site, including, but not limited to, any reviews or other feedback. The affected Member’s personal information (including name, phone number, address, email, profile picture) will be deleted permanently and cannot be recovered.
5. MODIFICATION OF THESE CONDITIONS
CityStasher reserves the right, in its sole discretion, to modify this Site (including modifying the Conditions), at any time and without prior notice. If CityStasher modifies the Conditions, it will post the modification on this Site or otherwise provide Members with notice of the modification. CityStasher will also update the “Last Updated Date” at the top of the Conditions. By continuing to access or use this Site after CityStasher has posted a modification on this Site, each User agrees to be bound by the modified Conditions. If the modified Conditions are not acceptable to any User, that User’s only recourse is to cease using this Site.
ANY PERSON USING THIS SITE DOES SO AT HIS OWN RISK. Each User agrees that CityStasher does not have an obligation to conduct background checks on any Member but may conduct such background checks in its sole discretion. This Site and all Content are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limiting the above, CityStasher disclaims any warranties of merchantability, fitness for a particular purpose or otherwise as well as any implied warranties arising out of any course of dealing or customary trade practice. CityStasher makes no warranty that this Site or any Content, including, but not limited to, Listings or any Space, will meet any User’s requirements or be available on an uninterrupted, secure or error- or virus-free basis. CityStasher makes no warranty regarding the quality of any Listings, Space or other Content or the accuracy, timeliness, completeness or reliability of any Content obtained through this Site. No advice or information, whether oral or written, obtained from CityStasher or through this Site or any Content, will create any warranty by CityStasher that is not expressly made in these Conditions. Each User is solely responsible for all of his communications and interactions with other users of this Site and with other persons with whom he communicates or interacts as a result of his use of this Site, including, but not limited to, any Hosts or Customers. Each User understands that CityStasher does not make any attempt to verify the Content of Users or to review or visit any Space on an ongoing basis. CityStasher makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. Each User agrees to take reasonable precautions in all communications and interactions with other Users and with other persons with whom he communicates or interacts as a result of his use of this Site, including, but not limited to, Hosts and Customers, particularly if any Users decide to meet offline or in person regardless of whether such meetings are organised or sanctioned by CityStasher. CityStasher disclaims all liability, of any kind or nature, for any act or omission of any User or other third party. Each User agrees that CityStasher is not a party to any agreement entered into between a Host and a Customer, nor is CityStasher an estate agent or an insurer. CityStasher has no control over the conduct of Hosts, Customers and other Users, and disclaims any and all liability arising as a result of the conduct of Hosts, Customers and other Users.
7. LIMITATION OF LIABILITY
Each User agrees that, to the maximum extent permitted by law, the entire risk arising out of his access to and use of this Site, his Listing or booking of any Space through this Site, and any contact he has with other Users whether in person or online remains with him. Save as required by law, and then only to the extent required by law, CityStasher will not be liable to any User for any loss (including consequential loss or loss of profit) arising out of or in connection with (i) that User’s use of or inability to use this Site, (ii) any communications, interactions or meetings by that User with other Users or other persons with whom that User communicates or interacts as a result of his use of this Site and (iii) that User’s breach of these Conditions. This is the case whether the alleged loss is based on warranty, contract, tort (including negligence), product liability or otherwise, and whether or not CityStasher has been informed of the possibility of the loss. By using this Site, each User (in this paragraph, the relevant User) agrees that any legal remedy or liability that he seeks to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or third party that caused harm to the relevant User and that the relevant User will not attempt to impose liability on, or seek any legal remedy from, CityStasher with respect to those actions or omissions.
Each User agrees to release, defend, indemnify and hold CityStasher and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) that User’s access to or use of this Site or his breach of any of these Conditions; (b) that User’s Member Content; (c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Space by that User; and (d) that User’s (i) interaction with any Member, (ii) booking of a Space, (iii) Listing or (iv) the use or condition of a Space by that User, including, but not limited to, any injuries, losses or damages of any kind arising in connection with or as a result of booking or use of a Space.
9. CITYSTASHER’S OWNERSHIP OF THIS SITE
No User may copy, download, transmit, reproduce or create derivative works from any Content without CityStasher’s prior written consent. CityStasher’s logo and trade name, and any image on this Site that bears them, are trademarks of CityStasher and may not be used without CityStasher’s prior written permission.
11. GOVERNING LAW AND OTHER GENERAL PROVISIONS
These Conditions and any non-contractual obligations arising out of or in connection with them are governed by, and will be construed in accordance with, English law. The English courts have jurisdiction to settle any disputes that arise under the contract arising between CityStasher and each User. These Conditions constitute the entire agreement between CityStasher and each User and supersede any previous agreement between those parties with respect to all matters referred to in them. Nothing in these Conditions shall constitute a partnership or joint venture of any kind between CityStasher and any User or constitute either party the agent of the other for any purpose. Any failure by CityStasher to enforce any of these Conditions at any time shall not be construed as a waiver of that Condition. These Conditions are personal to CityStasher and each User. CityStasher may assign its rights under these Conditions to any successor to its business. Otherwise neither party shall assign or transfer any of its rights or obligations under this contract without the prior written consent of the other party.
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