TERMS OF USE


BOOKING TERMS & CONDITIONS

These Booking Terms & Conditions applies to you when you act as a User or Partner with regard to the purchase or offer of a Class (hereinafter "​ you​ ") on this website, www.emptychair.com, and application "EmptyChair", downloadable on the App Store and Google Play (hereinafter jointly the "​ Website and Applications​ ").

The Website and Applications are provided by Empty Chair Ltd., a private limited company, registered in England and Wales with company number, having registered office at 5b Philbeach Gardens, London, England, SW5 9DY (hereinafter "​ we​ ").


1. DEFINITIONS

1.1. "​ Class​ " shall mean any group activity which is proposed by a Partner for a pre-determined price.

1.2. "​ Partner​ " shall mean a person, who either on behalf of his business, or as a sole trader, lists a Class on the Website and Applications.

1.3. "​ User​ " shall mean a person who books a Class for personal use on the Website and Applications.

2. COMMISSION, PRICE AND PAYMENT TERMS

2.1. We may, at our sole discretion, set commissions for different categories of users of the Website and Applications, especially for this aim we have Users and Partners. All commissions are published separately on relevant pages of the Website and Applications and are presented as an interest rate. We may, at our sole discretion, at any time change any commission.

2.2. All prices for a Class shall be present in British pounds or GBP currency and all transactions with regard to booking and purchases of Classes shall be undertaken in the respectful currency through available payment methods present on the Website and Applications. We shall not pay any conversion fees and you are responsible for such a conversion.

2.3. You as a User of the Website and Applications may book a Class. When booking the Class you have to pay the full price for the Class using available payment tools. Such payment shall be transferred to our deposit (hereinafter the "​ Deposited Amount​ ").

2.4. Once you have paid for the Class you as a User shall receive the following information: the name of the Class, the time of the Class, the price paid for the Class, a unique booking ID, and other information.

2.5. Once the class has taken place, we shall apply the commissions to the Deposited Amount and deduct commissions from the Deposited Amount (hereinafter the "​ Rest​ ").

2.6. The Rest shall be transferred to the Partner at the end of the week when the Class took place but only within our business hours which shall be defined in the User Terms & Conditions and/or Partner Terms & Conditions.


3. REFUND AND CANCELLATION POLICY


3.1. No refund shall be paid for the purchased Classes unless mentioned otherwise below. A refund shall include our commission and we shall refund the commission.

3.2. A Partner may permit refunds but such refunds shall be processed without involving us unless we agree to help.

3.3. A User and Partner shall negotiate with each other directly with regard to a refund policy and other relevant terms.

3.4. You as a Partner may cancel or postpone a Class at any time regardless of a number of Users who booked the Class. If such a Class is cancelled the Users who booked the Class shall receive the refund.

3.5. We may, at our sole discretion, limit, suspend, terminate, modify, or delete any account or access of a Partner to the Website and Applications If such a Partner cancels a Class or Classes more than once.

3.6. You as a User may cancel your attendance of a Class at any point but If you cancel the Class 24 (twenty four) hours before the start of the Class you shall not receive a refund and a Partner whose Class you have booked is entitled to receive the Rest. Otherwise, you shall be entitled to the return of the Deposited Amount.


4. SPECIAL OFFERS


4.1. We may publish special offers. Terms and conditions of certain offer shall be published on a respectful page of the Website and Applications.


5. MISCELLANEOUS


5.1. Any dispute arising out of or in connection with the Booking Terms & Conditions, including any question regarding its existence, validity or termination, will be subject to the exclusive jurisdiction of the courts of England and Wales..

5.2. At our sole discretion, we may change the Booking Terms & Conditions at any time. If you continue to use the Website and Applications it means that you agree to the updated Booking Terms & Conditions. We will notify about such a change in accordance with the procedure set in the User Terms & Conditions and Partner Terms & Conditions.

5.3. The Booking Terms & Conditions shall be governed, interpreted, construed, and enforced in accordance with the laws of England and Wales, without regard to its conflict of laws rules.
5.4. With regard to any breach of the Booking Terms & Conditions, please contact us through our email at question@emptychair.com or by post to: 5b Philbeach Gardens, London, England, SW5 9DY.

5.5. We might decide not to exercise or enforce any right available to us under the Booking Terms & Conditions. We can always decide to exercise or enforce that right at a later date.

5.6. All terms of the User Terms & Conditions and Partner Terms & Conditions which are present in sections “MISCELLANEOUS” of the User Terms & Conditions and Partner Terms & Conditions shall be applicable to the Booking Terms & Conditions by parity of reasoning


USER TERMS & CONDITIONS

This website, www.emptychair.com, and application "EmptyChair", downloadable on the App Store and Google Play (hereinafter jointly the "​ Website and Applications​ ") are provided by Empty Chair Ltd., a private limited company, registered in England and Wales with company number, having registered office at 5b Philbeach Gardens, London, England, SW5 9DY (hereinafter "​ we​ "). These User Terms & Conditions are a legally binding agreement between you as a visitor or user of the Website and Applications (hereinafter "​ you​ ") and us with regard to your use of the Website and Applications and all available services and information through the Website and Applications. By accessing and using the Website and Applications, you agree to the User Terms & Conditions, PartnerTerms & Conditions, Booking Terms & Conditions, and you give us explicit consent to the processing of your personal data and transferring personal data to the USA in accordance with our Privacy & Cookie Policy. If you do not agree to the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, or Privacy & Cookie Policy, you shall not use the Website and Applications. You shall read all the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, or Privacy & Cookie Policy prior to your use of the Website and Applications. You shall also print out a copy of the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, and Privacy & Cookie Policy.


1. DEFINITIONS

1.1. "​ Class​ " shall mean any group activity which is proposed by a Partner for a pre-determined price.

1.2. "​ Partner​ " shall mean a person, who either on behalf of his business, or as a sole trader, lists a Class on the Website and Applications.

1.3. "​ User​ " shall mean a person who books a Class for personal use on the Website and Applications.


2. OTHER TERMS AND POLICIES

2.1. The Partner Terms & Conditions and Booking Terms & Conditions are integral parts of the User Terms & Conditions and shall define separate legal and organizational issues

2.2. The Partner Terms & Conditions apply only to Partners. Any issue unregulated in the Partner Terms & Conditions shall be regulated by the User Terms & Conditions.

2.3. The Privacy & Cookie Policy is published separately and regulates issues arising from the processing of your personal data.


3. SERVICE POLICY

3.1. We as an intermediary service provider bear the limited liability for providing our services on the Website and Applications.

3.2. The purpose of the Website and Applications is

3.2.1. to help you as a User find Partners and their Classes; and
3.3 We may impose any booking fee for providing our services or when you order or offer Classes. In every case, we will inform you of applicable fees.

3.4. The Website and Applications are provided for users in the United Kingdom, London, only. We may, at our discretion, expand the list of available cities and countries. Such expansion will be reflected in the registration form available on Website and Applications


4. ACCESS

4.1. To use all the functionality of the Website and Applications we may require you as a User to input your personal data in order to identify you. Also, in order to pay for a Class you may be required to present your banking information to process a payment. All this information shall be processed in accordance with the Privacy & Cookie Policy.

4.2. You shall provide accurate, complete, and updated information. If such information is outdated, you shall update it within a reasonable time.

4.3. We may delete, disable or ban your access to the Website and Applications at any time if you:

  4.3.1. commit an unlawful activity;
  4.3.2. show inappropriate Content;
  4.3.3. violate any of the provisions of the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy, or applicable law.

4.4. We are not liable for and shall not compensate you any losses arising out of such a deletion, disability or ban.

4.5. We are not responsible for your inability to access the Website and Applications arising out of circumstances beyond our reasonable control.

4.6. You are responsible for keeping your personal data and all applicable passwords secure. In case if you fail to keep your personal data and all applicable passwords secure you release us from being responsible for this failure.

4.7. In case of unauthorized access to your device, you shall immediately inform us through our email: question@emptychair.com of any actual or suspected loss, theft, fraud, or use of your device.

4.8. By using the Website and Applications you shall follow our Frequently Asked Questions or FAQ section and other information and Content present on the Website and Applications. FAQ section, other information and Content present on the Website and Applications have no legal binding but have to be taken into account when interpreting the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy.


5. CONTENT

5.1. You are solely responsible for any information, data, text, link, image, graphics, link, file, photograph, video, sounds likenesses, logo, mark, and other materials that you submit, publish or display (hereinbefore and hereinafter the "​ Content​ ") on the Website and Applications.

5.2. We cannot control all the Content published on the Website and Applications. As an intermediary service provider we bear the limited liability for the Content you submit, publish or display. Within a reasonable time and upon obtaining actual knowledge or awareness of illegal activities and Content we may act expeditiously to remove or to disable access to the Content concerned.

5.3. Any Content you submit, publish or display on the Website and Applications shall be non-confidential and you grant us the right to display, copy, distribute, use, store and disclose to third parties (including, but not limited to, on social media websites such as Facebook in any Facebook's group, Twitter, Instagram or the like) any such Content for any purpose.

5.4. We may disclose your identity to any third party who is justifiably claiming that any Content posted or uploaded by you to the Website and Applications constitutes a violation of their intellectual property rights, their right to privacy or any other right.

5.5. We may, at our sole discretion, refuse, delete or remove any Content if such Content does not comply with the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions or content standards.

5.6. You may link to some pages of the Website and Applications in a fair and legal way if it does not damage our reputation and business interest. Our Website and Applications shall be framed on other websites. We may withdraw linking permission without notice.

5.7. You guarantee that all the Content you submit, publish or display on the Website and Applications does not:

5.8. - infringe any intellectual property rights such as trademarks, copyrights; rights of privacy; publicity; or other rights of any person;

5.9. - contain any malicious code such as viruses, Trojan horses or other harmful or material or programs;

5.10. - constitute abusive, discriminatory, racially or ethnically offensive, defamatory, indecent, hateful, harassing, pornographic, or fraudulent Content; or

5.11. - violate the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, or applicable law;

5.12. You agree to indemnify, compensate and reimburse us against any claim for damages resulting from submission of your Content.


6. USE OF THE WEBSITE AND APPLICATIONS

6.1.To use the Website and Applications you shall:

    6.1.1. be entitled by applicable law to be capable to enter into an agreement with us;
    6.1.2. be at least 18 (eighteen) years of age or older to the extent you become capable in accordance with applicable law;
     6.1.3. provide accurate, complete, and updated information;
    6.1.4. have not been banned by us to use the Website and Applications;
    6.1.5. have an updated device to visit the Website and Applications;
    6.1.6. provide any additional information required by us;

6.2 When using the Website and Applications you shall not:
    6.2.1. post unlawful Content through the Website and Applications;
    6.2.2. obtain or use any private and confidential information;
    6.2.3. post private or confidential information through the Website and Applications;
    6.2.4. stalk, bully, defame, abuse, threaten, harass, impersonate or intimidate legal entity or individual;
    6.2.5. interfere or disrupt the Website and Applications, their servers, or networks connected to the Website and Applications including, but not limited to, transmitting any malware code of a destructive or disruptive nature;
    6.2.6. inject Content or code or otherwise alter or interfere with the way any our page is rendered or displayed in a device;
    6.2.7. create an account through unauthorized means including, but not limited to, using an automated device, script, bot, spider, crawler or scraper;
    6.2.8. create or submit spam comments or other forms of commercial or harassing communications to other users or Partner;
    6.2.9. attempt to restrict another user from using the Website and Applications;
    6.2.10. encourage or facilitate violations of the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions or Privacy & Cookie Policy;
    6.2.11. use the Website and Applications for any illegal or unauthorized purpose;
    6.2.12. change, modify, adapt or alter the Website and Applications or change, modify or alter another website or application so as to falsely imply that it is associated with the
Website and Applications;
    6.2.13. violate any national, federal, state or local law of your jurisdiction and the law applicable to the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, or Privacy & Cookie Policy including those laws related to consumer protection, unfair competition, anti-discrimination, human rights and the like;
    6.2.14. engage in illegal activities or activities that are potentially harmful, exploitative or threatening to children and other protected groups;
     6.2.15. engage in false, fraudulent or misleading activities;
    6.2.16. circumvent any restrictions imposed on the access to any part of the Website and
Applications;
    6.2.17. act in a harmful way to us, yourself, other users, Partners, the Website and Applications, or any other person;
    6.2.18. help any person to violate any provision of the the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy, or national, federal, state or local law;
    6.2.19. reverse engineer any feature of the Website and Applications;
    6.2.20. sale or promote drug, alcohol or other prohibited or restricted products;
    6.2.21. violate any legal rights of others.

6.3. Using the Website and Applications shall mean and include:
    6.3.1. filling your profiles;
    6.3.2. publishing Content including, but not limited to, information about Classes;     6.3.3. offering and purchasing Classes;     6.3.4. chatting with users, visitors, and Partners through the Website and Applications;     6.3.5. doing other actions allowed by us which do not violate the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy or national, federal, state or local law.

6.4. By using the Website and Applications you grant us a worldwide, non-exclusive, transferable, royalty-free, sub-licensable license to use, reproduce or distribute Content that you post on or through the Website and Applications.

6.5. We reserve the right to stop offering or supporting the Website and Applications or any part of the Website and Applications at any time, permanently or temporarily. In this case, we shall not be required to provide any compensation to you in connection with discontinued elements of the Website and Applications or any purchased Classes, and your access to the Website and Applications or any part of the Website and Applications shall be automatically terminated and suspended.

6.6. If you violate the User Terms & Conditions, Partner Terms & Conditions, or Booking Terms & Conditions, or any of provisions of the applicable law, we may take action against you, up to and including suspending or terminating your access. Any your attempt to disrupt or interfere with the Website and Applications including, but not limited to, undermining or manipulating the Website and Applications is a violation of our User Terms & Conditions and may be a violation of criminal and civil laws of your country.

6.7. We may, at our sole discretion, limit, suspend, terminate, modify, or delete any account or access to the Website and Applications or any portion of them, or remove any Content. We shall not compensate you for any losses or results in connection with the action described in this clause of the User Terms & Conditions.

6.8. You may stop using the Website and Applications at any time and you may request us to stop making active use of your data at any time by notifying us through the e-mail: question@emptychair.com. If you request deletion of your account, we are not required to provide any compensation connected with purchased Classes.

6.9. In case if you notice any violations of the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions or applicable law you shall notify us throughquestion@emptychair.com and we will examine a possible violation within reasonable time and decide whether we shall take an action.


7. PRICE, FEE AND BOOKING POLICY

7.1. All issues stemming from applicable price and fees and the procedure of booking are regulated in accordance with the Booking Terms & Conditions.


8. INTELLECTUAL PROPERTY RIGHTS

8.1. We grant you a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of the Website and Applications and all data, information, software graphics, images, text, posts and other Content on the Website and Applications on a single device.

8.2. You may only view, print out and use the Website and Applications and the Content for your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Website and Applications and the Content and your use of the Website and Applications and Content.

8.3.You may not:
    8.3.1. remove any copyright or any other notice contained in the Content;
    8.3.2. modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
    8.3.3. transfer the Content to any other person;
    8.3.4. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Website and Applications or the Content in any way; without our prior written consent;
    8.3.5. use any Content from the Website and Applications in any manner that may infringe any intellectual property right, or any other right of us or any third parties.

8.4. We reserve all rights in and to the www.emptychair.com domain name and all related domains and sub-domains, the name "EmptyChair", our logo device, service marks, trading names and/or trade marks including, but not limited to, trade mark number UK00003235001.

8.5. We ask you to respect intellectual property rights of others. If you believe that Content located on or linked to by us violates your copyright, you are encouraged to notify us through our email: question@emptychair.com. We will respond to this by removing the infringing Content or disabling all links to the infringing Content.


9. THIRD PARTY WEBSITE

9.1. . The Website and Applications and the Content may contain links to a third party website. If you decide to visit any third party website or advertisement website, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we or this Website and Applications are affiliated or associated with such websites.

9.2. Third party content may appear on the Website and Applications or may be accessible via links from the Website and Applications.


10. RULES OF COMMUNICATION

10.1. You are responsible for your interactions with other users and Partners in accordance with the User Terms & Conditions, Partner Terms & Conditions, and applicable law.

10.2. You shall communicate and deal with other users and Partners bona fide. Any offers between you and other users shall be in the currency defined in the Booking Terms & Conditions.

10.3. If you have a dispute with another user, you release us from responsibility, claims, demands, or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to the dispute. This includes damages for loss of profits, goodwill, use, or data.


11. MONITORING USE OF THE WEBSITE AND CONTENT

11.1. We shall have no obligation to monitor Content and we are not responsible for monitoring the Website and Applications for inappropriate or illegal Content or behaviour produced by other users or Partners.

11.2. We shall have the right, at our sole discretion, to edit, refuse to publish, or remove any Content.

11.3. We may, at our discretion, choose to monitor or record your interaction with the Website and Applications or your communications with other users or Partners.

11.4. We shall not be responsible for information, materials, products or services provided by other users or Partners. If someone is violating the User Terms & Conditions or Partner Terms & Conditions, or misusing the Website and Applications, please notify us through question@emptychair.com and we take reasonable steps to handle this situation.


12. LIMITATION OF LIABILITY

12.1. In addition to limitations of our liability mentioned above, to the fullest extent permissible for an intermediary service provider, we exclude and disclaim terms and conditions, and representations that might otherwise be implied by law in relation to the Website and Applications, Content and/or all services supplied by us in connection with the Website and Applications.

12.2. The Content on the Website and Applications may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Content.

12.3. The Website and Applications do not give advice and you choose Classes at your risk.

12.4. Any reliance on any Content such as opinion, advice, statement, or other information shall be at your sole risk.

12.5. We may, at our sole discretion, correct any errors or omissions in any portion of the Website and Applications and we may make any changes to the features, functionality or Content of the Website and Applications at any time.

12.6. We may, at our sole discretion, edit or delete any documents, information or other Content on the Website and Applications.

12.7. We do not guarantee that the Website and Applications will be error-free, free of viruses or owner harmful components, or that defects will be corrected.

12.8. We shall not be liable for any loss or damage that may come from using the Website and Application (hereinafter the "​ Disclaimer​ "), especially we shall not be liable for:
    12.8.1. any direct, indirect or consequential losses;
    12.8.2. any loss or damage caused by civil wrongs (‘tort’, including negligence), breach of contract or otherwise;
    12.8.3. the use of the Website and Application, and any websites that are linked to or from them;
    12.8.4. the inability to use the Website and Application and any websites that are linked to or from them.

12.9. The Disclaimer applies if the loss or damage was foreseeable, arose in the normal course of things or you advised us that it might happen.

12.10. Disclaimer shall apply to the loss of your: 12.10.1. income or revenue; 12.10.2. salary, benefits or other payments; 12.10.3. business; 12.10.4. profits or contracts; 12.10.5. opportunity; 12.10.6. anticipated savings; 12.10.7. data; 12.10.8. goodwill or reputation; 12.10.9. tangible property; 12.10.10. intangible property, including loss, corruption or damage to data or any computer system 12.10.11. wasted management or office time; 12.10.12. other losses which may arise from the use of the Website and Application. 12.11. We may still be liable for: 12.11.1. death or personal injury arising from our negligence; 12.11.2. fraudulent misrepresentation; 12.11.3. any other liability which cannot be excluded or limited under applicable law. 12.12. We are not liable for any failure or delay in performance of our obligations under the User Terms & Conditions and Partner Terms & Conditions, arising from acts, events, omissions or accidents beyond our reasonable control.12.13. You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims, and expenses, including reasonable legal fees, incurred by the same in connection or arising out of your breach of the User Terms & Conditions or Partner Terms & Conditions. 12.14. In relation to the services available on the Website and Applications, our liability shall not exceed £100 (One hundred British pounds or GBP).

13. INDEMNITY

13.1. If you use or misuse the Website and Applications, or if you violate the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy or any national, federal, state or local law, and that results in loss or damage or in a claim or liability against us, you agree to indemnify, defend and hold harmless us for that loss, damage, claim or liability, including compensating us for our legal fees or expenses. If we want to, we are allowed to take exclusive charge of the defence of any case on which you are required to compensate or reimburse us, and it will be at your expense. You also shall cooperate in our defence of these cases. We will use reasonable efforts to let you know if we learn of any claim on which you have to compensate or reimburse us. This shall apply even if you stop using the Website and Applications or your account is deleted, terminated or suspended.

14. NEWSLETTER SUBSCRIPTION

14.1. You may subscribe on the Website and Applications to our free monthly newsletter by providing your email. Your email will be processed in accordance with the Privacy & Cookie Policy. 14.2. You may unsubscribe at any time by informing us via our e-mail: question@emptychair.com or by post to: 5b Philbeach Gardens, London, England, SW5 9DY.

15. MISCELLANEOUS

15.1. Any dispute between you and us shall be resolved through negotiation via our e-mail: question@emptychair.com or by post to: 5b Philbeach Gardens, London, England, SW5 9DY.

15.2. Our business hours are the following: Mon-Fri 8 A.M. – 5 P.M.

15.3. Any unresolved dispute through the negotiation procedure will be subject to the exclusive jurisdiction of the courts of England and Wales.

15.4. At our discretion, we are entitled to change, modify, add or remove any provision of the User Terms & Conditions at any time by posting the amended User Terms & Conditions on the Website and Applications. We may provide an additional notice, such as messaging within the Website and Applications. Unless we state otherwise, changes are effective when published. If you continue to use the Website and Applications after the changes are published you agree to the changes.

15.5. The User Terms & Conditions shall be governed, interpreted, construed, and enforced in accordance with the laws of England and Wales, without regard to its conflict of laws rules.

15.6. The User Terms & Conditions were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of the User Terms & Conditions and the English version, the English version will control.

15.7. We may terminate your access to all or any part of our Website and Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the User Terms & Conditions you shall contact us through our email at question@emptychair.com or by post to: 5b Philbeach Gardens, London, England, SW5 9DY.

15.8. All provisions of the User Terms & Conditions which by their nature should survive termination shall survive termination.

15.9. If any part of the User Terms & Conditions is not enforceable, the rest of the User Terms & Conditions shall still apply and be binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

15.10. The User Terms & Conditions constitute the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by our authorized executive, or by posting by us of a revised version.

15.11. We may give our rights, or our obligations, under the User Terms & Conditions to any legal entity or individual at any time with or without your consent. You may not give your rights or your obligations under the User Terms & Conditions without getting our written consent, and any attempt to do so without our consent is void.

15.12. We might decide not to exercise or enforce any right available to us under the User Terms & Conditions. We can always decide to exercise or enforce that right at a later date.


PARTNER TERMS & CONDITIONS

The Partner Terms & Conditions apply to you if you are registered as a Partner (hereinafter "​ you​ ") on this website, http://www.emptychair.com, and application "EmptyChair", downloadable on the App Store and Google Play (hereinafter jointly the "​ Website and Applications​ "). Any issue unregulated in the Partner Terms & Conditions shall be regulated by the User Terms & Conditions, Booking Terms & Conditions, and Privacy & Cookie Policy which are published on separate pages of the Website and Applications. The Website and Applications are provided by Empty Chair Ltd., a private limited company, registered in England and Wales with company number, having registered office at 5b Philbeach Gardens, London, England, SW5 9DY (hereinafter "​ we​ "). The Partner Terms & Conditions are concluded between you and us. By accessing and using the Website and Applications, you agree to the Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy and, when applicable, the User Terms & Conditions. If you do not agree to the Partner Terms & Conditions, Booking Terms & Conditions, Privacy & Cookie Policy, and when applicable, the User Terms & Conditions, you shall not use the Website and Applications. You shall read the Partner Terms & Conditions, User Terms & Conditions, Booking Terms & Conditions, and Privacy & Cookie Policy prior to use of the Website and Applications. You shall also print out a copy of the Partner Terms & Conditions, User Terms & Conditions, Booking Terms & Conditions, and Privacy & Cookie Policy.


1. DEFINITIONS

1.1. "Class" shall mean any group activity which is proposed by a Partner for a pre-determined price.

1.2. "Partner" shall mean a person, who either on behalf of his business, or as a sole trader, lists a Class on the Website and Applications.

1.3. "User" shall mean a person who books a Class for personal use on the Website and Applications.


2. OTHER TERMS AND POLICIES

2.1. The Partner Terms & Conditions and Booking Terms & Conditions are integral parts of the User Terms & Conditions.

2.2. The Partner Terms & Conditions apply only to Partners. Any issue unregulated in the Partner Terms & Conditions shall be regulated by the User Terms & Conditions.

2.3. In case of any conflict between the terms, the User Terms & Conditions shall prevail.

2.4. The Privacy & Cookie Policy is published separately and regulates issues arising from the processing of your personal data.


3. SERVICE POLICY

3.1. We as an intermediary service provider bear the limited liability for providing our services on the Website and Applications.

3.2. The purpose of the Website and Applications is (1) to help you as a User find Partners and their Classes and (2) to help you as a Partner find potential Users for your Classes.

3.3. We may impose any booking fee for providing our services or when you order or offer Classes. In every case, we will inform you of applicable fees.

3.4. The Website and Applications are provided for users in the United Kingdom, London, only. We may, at our discretion, expand the list of available cities and countries. Such expansion will be reflected in the registration form available on Website and Applications.


4. PARTNER ACCOUNT

4.1. To use all the functionality of the Website and Applications you shall create an account by inputting your personal data and non-personal information such as your studio, business or trading name, first name, last name, email, mobile number, address, country of your residence, city of your residence, borough of your residence, post code, your date of birth, gender, profile picture, ID proof picture, description of yourself which you publish on respectful sections of the Website and Applications, and other information. This information will be processed in accordance with the Privacy & Cookie Policy.

4.2. You shall provide accurate, complete, and updated information. If such information is outdated, you shall update it within a reasonable time.

4.3. We may delete, disable or ban your account at any time if you:

4.4. - commit an unlawful activity;

4.5. - show inappropriate Content;

4.6. - violate any of the provisions of the Partner Terms & Conditions, User Terms & Conditions, Booking Terms & Conditions, or applicable law.

4.7. We are not liable for and shall not compensate you any losses arising out of such a deletion, disability or ban.

4.8. We are not responsible for your inability to access your account or the Website and Applications arising out of circumstances beyond our reasonable control.

4.9. You are responsible for keeping the password secret and secure. In case if you fail to keep your password secret and secure we shall not be responsible for this failure.

4.10. In case of an unauthorized access to your account or device, you shall immediately inform us of any actual or suspected loss, theft, fraud, or use of your account or device through our e-mail: question@emptychair.com.


5. USE OF THE WEBSITE AND APPLICATIONS

5.1. In addition to the list present to Users of the Website and Applications, to use the Website and Applications you shall be entitled by applicable law to establish and run economic (commercial) activity.

5.2. If you violate the Partner Terms & Conditions, User Terms & Conditions, Booking Terms & Conditions, or any of provisions of the applicable law, we may take action against you, up to and including suspending or terminating your account and access. Your attempt to disrupt or interfere with the Website and Applications including, but not limited to, undermining or manipulating the Website and Applications is a violation of the Partner Terms & Conditions and may be a violation of criminal and civil laws of your country.

5.3. We may, at our sole discretion, limit, suspend, terminate, modify, or delete any account or access to the Website and Applications or any portion of them, or remove any Content. We shall not compensate you for any losses or results in connection with the action described in this clause of the Partner Terms & Conditions.


6. VERIFICATION

6.1. Before being registered as a Partner, we shall verify your identity by checking your identification and truthfulness. We also check whether you have provided us actual, complete, and accurate information.

6.2. If we ascertain that any information or identification is false we may suspend or terminate your verification and we may impose other sanctions mentioned in the Partner Terms & Conditions or User Terms & Conditions,

6.3. After you are verified and your profile is approved you may post a Class on the Website and Applications. A Class and its Content shall be preliminarily approved by us before its publication.


7. CONTENT

7.1. You are solely responsible for any information, data, text, link, image, graphics, link, file, photograph, video, sounds likenesses, logo, mark, and other materials that you submit, publish or display (hereinbefore and hereinafter the "​ Content​ ") on the Website and Applications.

7.2. We cannot control all the Content published on the Website and Applications. As an intermediary service provider we bear the limited liability for the Content you submit, publish or display. Within a reasonable time and upon obtaining actual knowledge or awareness of illegal activities and Content we may act expeditiously to remove or to disable access to the Content concerned.

7.3. Any Content you submit, publish or display on the Website and Applications shall be non-confidential and you grant us the right to display, copy, distribute, use, store and disclose to third parties (including, but not limited to, on social media websites such asFacebook in any Facebook's group, Twitter, Instagram or the like) any such Content for any purpose.

7.4. We may disclose your identity to any third party who is justifiably claiming that any Content posted or uploaded by you to the Website and Applications constitutes a violation of their intellectual property rights, their right to privacy or any other right.

7.5. We may, at our sole discretion, refuse, delete or remove any Content if such Content does not comply with the Partner Terms & Conditions, User Terms & Conditions, Booking Terms & Conditions, or content standards.

7.6. You may link to some pages of the Website and Applications in a fair and legal way if it does not damage our reputation and business interest. Our Website and Applications shall be framed on other websites. We may withdraw linking permission without notice.

7.7. You guarantee that all the Content you submit, publish or display on the Website and Applications does not:

7.8. - infringe any intellectual property rights such as trademarks, copyrights; rights of privacy; publicity; or other rights of any person;

7.9. - contain any malicious code such as viruses, Trojan horses or other harmful or material or programs;

7.10. - constitute abusive, discriminatory, racially or ethnically offensive, defamatory, indecent, hateful, harassing, pornographic, or fraudulent Content; or

7.11. - violate the User Terms & Conditions, Partner Terms & Conditions, Booking Terms & Conditions, or applicable law;

7.12. You agree to indemnify, compensate and reimburse us against any claim for damages resulting from submission of your Content.


8. PRICE, FEE, AND BOOKING POLICY

8.1. All is in the Booking Terms & Conditions.


9. RULES OF COMMUNICATION

10.1. You are responsible for your interactions with other users in accordance with the Partner Terms & Conditions, User Terms & Conditions, and applicable law.

9.2. You shall communicate and deal with other users bona fide. Any offers between you and other users shall be in the currency defined in the Booking Terms & Conditions.

9.3. If you have a dispute with another user, you release us from responsibility, claims, demands, or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to the dispute. This includes damages for loss of profits, goodwill, use, or data.


10. MISCELLANEOUS

10.1. Any dispute between you and us shall be resolved through negotiation via our e-mail: question@emptychair.com or by post to: 5b Philbeach Gardens, London, England, SW5 9DY.

10.2. Our business hours are the following: Mon-Fri 8 A.M. – 5 P.M.

10.3. Any unresolved dispute through the negotiation procedure will be subject to the exclusive jurisdiction of the courts of England and Wales.

10.4. At our discretion, we are entitled to change, modify, add or remove any provision of the Partner Terms & Conditions at any time by posting the amended Partner Terms & Conditions on the Website and Applications. We may provide an additional notice, such as messaging within the Website and Applications. Unless we state otherwise, changes are effective when published. If you continue to use the Website and Applications after the changes are published you agree to the changes.

10.5. The Partner Terms & Conditions shall be governed, interpreted, construed, and enforced in accordance with the laws of England and Wales, without regard to its conflict of laws rules.

10.6. The Partner Terms & Conditions were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of the Partner Terms & Conditions and the English version, the English version will control.

10.7. We may terminate your account and access to all or any part of our Website and Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Partner Terms & Conditions you shall contact us through our email at question@emptychair.com or by post to: 5b Philbeach Gardens, London, England, SW5 9DY. All provisions of the Partner Terms & Conditions which by their nature should survive termination shall survive termination.

10.8. If any part of the Partner Terms & Conditions is not enforceable, the rest of the Partner Terms & Conditions shall still apply and be binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

10.9. The Partner Terms & Conditions constitute the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by our authorized executive, or by the posting a revised version.

10.10. We may give our rights, or our obligations, under the Partner Terms & Conditions to any legal entity or individual at any time with or without your consent. You may not give your rights or your obligations under the Partner Terms & Conditions without getting our written consent, and any attempt to do so without our consent is void.

10.11. We might decide not to exercise or enforce any right available to us under the Partner Terms & Conditions. We can always decide to exercise or enforce that right at a later date.