Terms of service

The Switchboard Network Terms of service Last updated 2022 You must follow these rules and must not help or induce others to break or circumvent these rules these rules apply to hosts and users alike. When you register with The Switchboard Network, you agree to comply with the terms below. Violations of the below terms will be taken very seriously. 1. The Switchboard Networks’ Role. We offer you the right to use a platform that enables user to publish, offer, search for, and book Host Services. When users make or accept a booking, they are entering into a contract directly with each other. The Switchboard Network is not and does not become a party to or other participant in any contractual relationship between users and host. While we work hard to ensure our users have great experiences using our platform, we do not and cannot control the conduct or performance of users and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by users. You acknowledge that The Switchboard Network has no general obligation to monitor the use of the platform and verify information provided by our users, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a user and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our Switchboard Network team. Members agree to cooperate with and assist The Switchboard Network in good faith, and to provide them with such information and take such actions as may be reasonably requested by The Switcboard Network with respect to any investigation undertaken by The Switchboard Network regarding the use or abuse of the platform. 2. Host terms and conditions of service use. The term ‘host’ on The Switchboard Network Platform applies to individuals or organisations who advertise/list their services on The Switchboard Network for purchase. This includes but is not limited to; stage hire, rehearsal room hire, room hire, event space hire and office hire. Hosts may also be referred to as Members. 2a. Your Responsibilities as host. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside The Switchboard Network Platform. Hosts must comply with laws that ensure the service being advertisted is fit for use and does not pose a risk to users. The Switchboard Network team, will come out to inspect each host service ahead of authorising use on the platform. Host services may be denied or refused to be hosted on The Switchboard Network Platform if The Switchboard Network Platform feels the service does not meet The Switchboard Network Platforms standards. 2b. Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. 2c. Contracting with Users. When you accept a booking request, or receive a booking confirmation through The Switchboard Network Platform, you are entering into a contract directly with the user/ individual who booked, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. 2d. Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services.  Act with integrity and treat others with respect o Do not lie, misrepresent something or someone, or pretend to be someone else. o Be polite and respectful when you communicate or interact with others. o Do not discriminate against or harass others. o Comply under relevant laws regarding hire and usage of space and conduct. o Do not contact users unless directly related to bookings.  Only use The Switchboard Network platform as authorized by these Terms or another agreement with us o You may only use another Member’s personal information as necessary to facilitate a transaction using the platform as authorized by these Terms. o Do not use our messaging tools, or Members’ personal information to send commercial messages without their express consent. o You may use Content made available through the platform solely as necessary to enable your use of The Switchboard Network as a Guest or Host. o Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. o Do not request, make or accept a booking or any payment outside of The Switchboard Network to avoid paying fees, taxes or for any other reason. Unless authorised by The Switchboard Network team to do so. o Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by The Switchboard Network o Do not engage in any practices that are intended to manipulate our search algorithm. o Do not book Host Services unless you are actually using the Host Services. o Do not use, copy, display, mirror or frame The Switchboard Network, any Content, any The Switchboard Network branding, or any page layout or design without our consent.  Do not scrape, hack, reverse engineer, compromise or impair The Switchboard Network Platform. o Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with The Switchboard Network Platform. o Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect The Switchboard Network Platform or Content. o Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide The Switchboard Network Platform. o Do not take any action that could damage or adversely affect the performance or proper functioning of The Switchboard Network Platform. 3. Independence of Hosts. Host services are authoised to upload the desciption of their service but are not permitted disciminate against users based on; sexual orientation, religion, gender, race, disability or other. 3a. Creating and Managing Your Listing. The Switchboard Network Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. 3b. Search Ranking. The ranking of Listings in search results on The Switchboard Network Platform depends on a variety of factors, including these main parameters:  Guest search parameters (e.g. number of Guests, time and duration of the booking, price range),  Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),  Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),  Host requirements (e.g. minimum or maximum bookings, booking cut-off time), and  Guest preferences (e.g. previous bookings, saved Listings, location from where the Guest is searching). Search results may appear different on our mobile application than they appear on our website. The Switchboard Network Platform may allow Hosts to promote their Listings in search or elsewhere on The Switchboard Network Platform by paying an additional fee.  Honor your legal obligations o Understand and follow the laws that apply to you, including privacy, data protection, and export laws. o If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information. o Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein. o Do not use the name, logo, branding, or trademarks of The Switchboard Network or others without permission. o Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with The Switchboard Network. o Do not offer Host Services that violate the laws or agreements that apply to you. o Do not offer or solicit prostitution or participate in or facilitate human trafficking. 4. Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting The Switchboard Network. In addition, if you believe that a Member, Listing or Content has violated our standards, you should report your concerns to The Switchboard Network. If you reported an issue to local authorities, The Switchboard Network may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report. 5. Termination You may terminate this agreement at any time by sending us an email or by deleting your account. The Switchboard Network may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. The Switchboard Network may also terminate this agreement immediately and without prior notice and stop providing access to the The Switchboard Network Platform if (i) you materially breach these Terms, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of The Switchboard Network, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years. 6. Resolving Complaints and Damage Claims. If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, the complaining Member can notify The Switchboard Network Platform and request further information on the indiviual who booked. The Switchboard Network Platform does not take any responsibility for damages that may occur but will comply openly with local authorities to support the investigation. The Switchboard Network Platform acts an a middle-man to connect users to hosts, we have clear recommendations for conduct by both users and hosts and violations will be taken very seriously. The Switchboard Network Platform reserves the right to deny hosts or users access to The Switchboard Network Platform without needing to offer an explaination. In the instance that damages occur, The Switchboard Network asks that a report is created and sent by the user immediately to the host outlining the incident, what was damaged and how. Hosts reserve the right to have their own ‘damage’ costs and policies. False claims by hosts services, or claims of this nature that have been investigated by The Switchboard Network will result in a decision to suspend or remove the host.The Switchboard Network Platform reserves the right to not offer any further explaination on this. Only individual can complete a booking on The Switchboard Network, if the booking is for more than one person, you (the user) are responsible for those who are with you and any damages that occur during your booking. The individual who booked will be the person who will be investigated and consequently have to deal with the outcome that is determined by The Switchboard Network Platform and/or the host. In the instance this has occurred The Switchboard Network will reach out to the person who is listed in the user report as the one who caused damage. The Switchboard Network Platform will conduct its own investigation and come to its own decision on the outcome for the said person. This could mean, blocking the user from using The Switchboard Network Platform or hosting and supporting reports to local authorities. The Switchboard Network Platform recognises the need for a trusting relationship between users and hosts and takes violations very seriously. 7. Member/user Accounts. You must register an account to access and use many features of The Switchboard Network Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using The Switchboard Network Platform. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify The Switchboard Network Platform if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your The Switchboard Network 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). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers. Those who create an account must comply with the Terms and Conditions outlined by The Switchboard Network and the host service, the hosts are advised to provide descriptions of ways their services can be used e.g space hire what is allowed in the space and what is not (alcohol, drugs, parties, fights, smoking including use of e-cigarettes etc). Users who violate the Terms outlined by both The Switchboard Network and the host will be reviewed and potenially blocked from being able to use the site after a investigation has taken place. Any further legal investigation will be supported by The Switchboard Network. The booking of a service on the site must comply with the hosts eligibility, if users are unsure they should ask both The Switchboard Network and the host service for more information before booking. 8. Disclaimer. Any references to a Member being “verified” (or similar language) indicate only that the Member or The Switchboard Network has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform. 9. Fees. The Switchboard Network Platform may charge fees (and applicable Taxes) to Hosts and Guests for the right to use The Switchboard Network Platform. Service fees are nonrefundable. The Switchboard Network Platform reserves the right to change the service fees at any time, and will provide notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time. 10. Modification of these Terms. When we propose changes to these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.