Shopeventspace Services Agreement
Last Updated: [January 1, 2024]
Welcome to Shopeventspace. This Services Agreement outlines the terms and conditions governing your use of our online marketplace platform, which facilitates the discovery and listing of unique event spaces. Please review this document carefully, as it governs your interactions with Shopeventspace and its community.
IMPORTANT: This Agreement includes provisions for binding arbitration to resolve disputes and a waiver of class action claims, except where prohibited by law. If you do not agree with these terms, you may not use our platform.
Definitions
- “Shopeventspace,” “we,” “us,” “our”: Refers to Shopeventspace, LLC, located at [Your Office Address].
- “Platform”: The online marketplace provided by Shopeventspace, accessible via our website and mobile applications.
- “User,” “you,” “your”: Refers to individuals or entities registered on Shopeventspace, including Hosts, Guests, and Vendors.
1. General Terms
1.1 Services Offered
- Platform Services: Shopeventspace connects three types of users:
- Guests: Individuals or entities booking event spaces.
- Hosts: Individuals or entities listing spaces for events.
- Vendors: Third-party providers offering complementary services, such as catering or entertainment.
- Shopeventspace facilitates transactions among users but is not liable for the actions or offerings of any user or third party.
1.2 Eligibility
- To use our platform, you must be at least the legal age of majority in your jurisdiction and capable of entering into legally binding contracts. By using Shopeventspace, you confirm that you meet these eligibility criteria.
1.3 Account Creation and Security
- Users must create an account to access our services. You are responsible for safeguarding your account credentials and any activities under your account. Shopeventspace is not liable for unauthorized access or use of your account.
1.4 Communication and Notifications
- By using our platform, you consent to receive communications from Shopeventspace via email, SMS, and other methods. You may opt out of marketing communications at any time.
1.5 Compliance with Laws
- You agree to comply with all applicable laws, rules, and regulations while using the platform, listing spaces, or conducting events. Shopeventspace does not provide legal advice; users are encouraged to seek legal counsel for compliance matters.
2. Platform Use and Restrictions
2.1 License to Use Platform
- Shopeventspace grants you a limited, non-exclusive, non-transferable license to use the platform for its intended purposes. You may not reproduce, distribute, modify, or create derivative works from any content provided by Shopeventspace without express permission.
2.2 Prohibited Activities
- You may not:
- Use the platform for illegal or unauthorized purposes.
- Transmit harmful or malicious software.
- Engage in spamming, phishing, or fraudulent activities.
- Misrepresent your identity or affiliation with any person or entity.
3. Booking and Listing Spaces
3.1 Host Obligations
- Listing Requirements: Hosts must provide accurate and complete information about their spaces, including descriptions, availability, pricing, and any applicable rules or restrictions.
- Responsibility: Hosts are responsible for ensuring their spaces comply with all legal and safety requirements. Shopeventspace is not liable for any deficiencies or legal violations related to the spaces listed.
3.2 Guest Obligations
- Booking Agreement: Guests agree to abide by all terms and conditions set by Hosts, including payment of applicable fees and adherence to space rules.
- Conduct: Guests are responsible for the behavior of their attendees and any damage caused during their event. Shopeventspace may facilitate payment for damages as necessary.
3.3 Vendor Services
- Vendors may offer additional services through the platform. Shopeventspace is not responsible for the quality or availability of vendor services. Guests must negotiate and agree to terms directly with vendors.
4. Dispute Resolution
4.1 Disputes Between Users
- Users are encouraged to resolve disputes directly. If necessary, Shopeventspace may offer mediation but is not a party to user agreements.
4.2 Binding Arbitration
- All disputes arising from this Agreement shall be resolved through binding arbitration, except where prohibited by law. The arbitration shall be conducted in [Arbitration Location] according to the rules of [Arbitration Provider].
4.3 Class Action Waiver
- You agree to waive your right to participate in class actions and other representative actions regarding disputes related to this Agreement or the platform, where permissible by law.
5. Additional Legal Terms
5.1 Force Majeure
- Shopeventspace shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, pandemics, government actions, or failures in telecommunications, internet, or hosting services (each a “Force Majeure Event”).
- In the event of a Force Majeure Event, Shopeventspace’s obligations hereunder will be suspended for the duration of the Force Majeure Event. Shopeventspace will make reasonable efforts to notify users of any delays or failures in performance caused by such events.
5.2 No Assignment
- You may not assign or transfer this Agreement, or any rights or obligations under it, without Shopeventspace’s prior written consent. Shopeventspace may assign or transfer this Agreement, at its sole discretion, without restriction. Any attempted assignment or transfer without such consent will be null and void.
5.3 Waiver
- No waiver of any term or condition of this Agreement will be effective unless in writing and signed by the waiving party. A waiver of any term or condition in one instance will not be construed as a waiver of the same or any other term or condition in any other instance.
5.4 Severability
- If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
5.5 Governing Law
- This Agreement is governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in [Your Jurisdiction] for any actions not subject to the arbitration provisions below.
6. Arbitration Agreement and Class Action Waiver
6.1 Arbitration Agreement
- Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [Arbitration Location], before one arbitrator. The arbitration shall be administered by [Arbitration Provider] pursuant to its [Arbitration Rules].
- The arbitrator shall have the authority to award any relief that would otherwise be available in court. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
6.2 Class Action Waiver
- You agree that any arbitration or proceeding shall be limited to the dispute between you and Shopeventspace individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
6.3 Exceptions to Arbitration
- Notwithstanding the above, you or Shopeventspace may choose to pursue a claim in court and not by arbitration if: (a) the claim qualifies for small claims court; or (b) you opt out of these arbitration procedures within 30 days from the date that you first consent to this Agreement (the “Opt-Out Deadline”). You may opt-out of this Agreement to arbitrate by emailing Shopeventspace at [Opt-Out Email] with your name, address, and a clear statement that you do not wish to resolve disputes with Shopeventspace through arbitration.
7. Community Guidelines and Policies
7.1 Community Guidelines
- Shopeventspace expects all users to adhere to our Community Guidelines, which are designed to promote a safe, respectful, and honest environment. Violations of these guidelines may result in the suspension or termination of your account and access to the platform.
7.2 Cancellation and Refund Policy
- All cancellations and refund requests are subject to Shopeventspace’s Cancellation and Refund Policy. This policy outlines the conditions under which users may cancel bookings and receive refunds. Users are encouraged to review this policy carefully before making or accepting bookings.
7.3 Fees Overview
- Shopeventspace charges service fees to both Hosts and Guests. These fees cover the costs of operating the platform and providing services to users. Detailed information about applicable fees can be found in the Fees Overview section of our platform.
7.4 Privacy Policy
- Our Privacy Policy outlines how Shopeventspace collects, uses, and protects your personal information. By using the platform, you consent to the collection and use of your information as described in the Privacy Policy. We are committed to safeguarding your privacy and ensuring that your personal data is handled securely and in compliance with applicable laws.
8. Miscellaneous
8.1 Entire Agreement
- This Agreement, along with any policies and guidelines referenced herein, constitutes the entire agreement between you and Shopeventspace regarding the use of the platform. It supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.
8.2 Amendments
- Shopeventspace reserves the right to amend this Agreement at any time. Notice of amendments will be provided through the platform or via email. Your continued use of the platform after any such amendments constitutes your acceptance of the new terms.
8.3 Contact Information
- For any questions, concerns, or notices under this Agreement, please contact Shopeventspace at [Contact Information]. We are committed to providing support and addressing any issues or inquiries you may have regarding your use of our platform.
8.4 Language
- The original language of this Agreement is English. If this Agreement is translated into any other language, the English version shall prevail in case of any conflicts or discrepancies.
8.5 Headings
- The headings used in this Agreement are for convenience only and shall not affect the interpretation of the Agreement's provisions.
8.6 Relationship of Parties
- Nothing in this Agreement shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Shopeventspace. You acknowledge that you are acting independently and not as an agent or representative of Shopeventspace.
8.7 Third-Party Beneficiaries
- This Agreement does not and is not intended to confer any rights or remedies on persons other than the parties.