Last updated: 23 June 2019
1.1 myhippospace.com is a website operated by My Hippo Space Ltd. My Hippo Space is registered in England and Wales under company number 10662456 and has its registered office at 68c Havelock Road, London, England, SW19 8HD
1.2 My Hippo Space is an online platform that introduces Renters (“Renters”) who need Storage or other services (“Services”) to suppliers of those services (“Hosts").
1.3 Please read these terms and conditions carefully before using myhippospace.com . They form a legally binding agreement between you (the “Host” or the “Renter”) and My Hippo Space Ltd (“ the Company”) which governs your use of this website (the “Website”) and our services.
1.4 By registering your details with the Website or using any services provided by the Company (“the Services”) in any way, you (“the User”) agree to be bound by the following terms and conditions (“the Terms and Conditions"), to inform the Company of all Storage Deals undertaken, and to pay the relevant fees. If you do not accept all the Terms and Conditions you must not use or access the Website.
1.5 The Company reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.
1.6 The Services are provided to facilitate the exchange of Storage Deals between users of the Website. “Storage Deal” means the provision of private storage space by Users advertising such space (“Hosts”) to Users storing items in such space (“Renters”). The Company’s principal function is to provide advertising space and it is not a rental agent or property broker.1.4 Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are registering as a business entity, by agreeing to these Terms and Conditions you represent and warrant that you have the authority to bind that business entity to these Terms and Conditions.
Fee - means the total amount payable by the Renter for a Storage Deal and includes the Price plus the Company’s commission.
Guarantee - means the guarantee of compensation for loss or damage provided to Signatories by the Company whose conditions, limitations and exclusions are set out in clause 7 of these Terms and Conditions.
Price - means the amount charged by the Host for use of the Storage Space.
Prohibited Items - means items which may not be stored under these Terms and Conditions under any circumstances, and which are set out in clause 3.4.
Qualifying Loss - means loss or damage occurring during the period of validity of a Storage Deal, (i) if claimed by the Host, to the structure, fixtures and/or fittings of the premises which they own, (ii) if claimed by the Renter, to items owned by the Renter and stored at the Storage Address.
Registration Details - means the information used to identify each unique User, comprising a User identification number, an email address and a phone number.
Signatory - means a signatory to a Storage Agreement. A Signatory may be either a Host or a Renter
Storage Address - means the premises containing the Storage Space which are the subject of a Storage Deal. The Storage Address will be recorded in the Storage Agreement as a postal address.
Storage Agreement - means the standard contract for a Storage Deal which is supplied by the Company for signature by a Host and a Renter. A Storage Agreement will be completed and signed by the Signatories for each Storage Deal. A template Storage Agreement can be found here, but the template is subject to change from time to time at the Company’s discretion.
Storage Deal - means an arrangement for storage between two Users.
Renter - means the person paying the Price and utilising a Storage Space to store items belonging to them or under their control.
Host - means the person advertising via the Website and providing a Storage Space in order for the Renter to store their items.
Space - means the physical space at the Storage Address in which items are stored under a Storage Agreement.
Stored Goods - means the goods and items to be stored under a Storage Deal
Structural Damage - means damage of any kind to the structure, fixtures and fittings of the physical premises.
Structural Damage Incident - means an incident causing Structural Damage to the Storage Space or Storage Address and may comprise one or more discrete instances of damage or loss, as long as they have a causative element in common. The Company reserves the absolute right in its sole discretion to determine what constitutes a Structural Damage Incident in practice, what was the cause of such Incident, and whether damage was caused by one single such Incident, or multiple Incidents.
User - Means a user of the Website and/or our services.
3.1 Registration with the Website requires the User to complete either the Renter sign up process or the Host sign up process, which constitute the “Registration Details” of your User account.
3.2 Fake User Accounts are not permitted. You must provide accurate information.
3.3 Any user of My Hippo Space is responsible for all activity carried out on the website. If you discover or suspect that any of your personal details are known by a third party or are being used without authorisation, you must tell us immediately via email email@example.com .
3.4 The Company provides Users with a template Storage Agreement on the Website, for the purpose of recording the logistical and other details of each Storage Deal. All Users undertaking a Storage Deal must fill in the details and, following signature by both the Host and the Renter, provide the Company with a signed copy of the completed Storage Agreement, which may be scanned and sent via email to firstname.lastname@example.org . It is a condition of the Guarantee that the Company receives a copy of the applicable Storage Agreement signed by both parties within seven days of signature, and failure to comply with this requirement will invalidate the Guarantee.
3.5 “Prohibited Items”. The following items may not be stored under a Storage Deal under any circumstances:
Animals including Birds, Fish, Insects, Larvae or Pupae;
Any item which emits any fumes or strong odour, produces gas or leaks liquid;
Any item which creates noise, generates heat, increases in size or may burst;
Anything damp, mouldy, rotten or infested with or damaged by parasites;
Any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space.
Bullion (or any precious metal), Cash, Cash-Like negotiable instruments and other securities;
Dangerous Goods including but not limited to toxic, hazardous, polluted, radioactive or contaminated goods; flammable or hazardous goods including petrol, gas, oil, paint, white spirit or lighter fluid; Radioactive materials; Biological substances; Bodily fluids or tissue samples;
Firearms or imitation firearms, munitions, weapons or explosives;
Food, drinks or perishable goods including fruit, vegetables, meat or cheese;
Fungus or bacteria;
Illegal goods including any class of drug, drug paraphernalia or stolen property or any other banned products;
Liquids of any type;
Living or dead plants;
3.6 In the event that the other party to a Storage Deal makes a claim under the My Hippo Space Protection Guarantee, you agree to cooperate promptly and fully with all reasonable requests from that party in relation to that claim. In practice, and without limitation, this may mean responding to requests for information or documents or allowing inspection of the Storage Space or Stored Goods.
4.1 The Host must provide details of the Storage Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like size, location, security, and access offered. All descriptions and information provided must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Storage Space becomes unavailable for any reason, you agree to inform the company that you wish to suspend your listing. We accept no liability to you or any third party as a result of a failure by you to provide accurate and up-to-date information to us.
4.2 The Host will comply with the access and security arrangements set out in the Storage Agreement.
4.3 The Host will use reasonable efforts to protect and maintain the security of the Stored Goods and ensure that they remain undisturbed and, in any case, take at least equivalent security precautions in relation to the Stored Goods as the Host does with his/her own property at the same premises.
4.4 The Host agrees to offer reasonable compensation to the Renter in the event of damage to or loss of Stored Goods. Reasonable compensation will normally mean paying for reasonable repairs or, where the Stored Good(s) are damaged beyond repair, providing compensation of no more than the actual cash value of goods. Compensation will not be offered for any loss: (a) in respect of which a payment is made under an insurance policy; (b) caused by any act or negligent act or omission by the Renter.
4.5 If terminating the Storage Agreement early for reasons other than a breach of these Terms and Conditions by the Renter, the Host will give, in writing, at least a 6-week notice period to the Company and the Renter. The Company reserves the right to suspend the User account of any Host who in the Company’s opinion terminates a Storage Agreement early without good reason.
4.6 It is the responsibility of the Host to ensure that advertising their storage space via the Website will not breach or invalidate any applicable mortgage, insurance or other agreement or policy. As such it is a Host's responsibility to check the terms of any such agreement or policy before advertising your storage space.
4.7 The User must be legally permitted to advertise the storage space on the Website. It is the responsibility of the User to investigate the legality of making the storage space available to other people.
4.8 You are responsible for ensuring that you obtain and maintain appropriate insurance for the provision of renting your space. You are solely responsible for ensuring that you comply with your obligations under these Terms. If you anticipate any problems in complying with those terms you must notify My Hippo Space and the Renter as soon as you can.
5.1 The Renter undertakes to pay the Fee promptly, fully and in good faith and using the Company’s Payment Manager. You agree that all information you provide in will be as accurate, up-to-date and complete as possible.
5.2 The Renter agrees to offer reasonable compensation to the Host in the unlikely event of damage to the Storage Space and/or Storage Address caused by the Stored Goods or by any negligent act or omission of the Renter. Reasonable compensation will normally mean paying for reasonable repairs, or replacement where the Storage Space and/or Storage Address or part thereof is damaged beyond repair.
5.3 The Renter will only use the Storage Space for the purpose of temporary storage of Stored Goods in accordance with these Terms and Conditions and not attempt to use it for any other purpose, or make any permanent physical changes to it, or do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises.
5.4 The Renter will remove the Stored Goods from the Storage Space upon request by the Host, provided that the Company has given at least six weeks’ notice period to the Renter. Following such six-week period, clause 12.2 will apply.
6.1 Listing a storage space and making a request to store with a host are free.
6.2 All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”). By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service, which can be found here.
6.3 The Company shall charge a commission equivalent to 20% of the amount paid by the Renter, with the remaining amount being paid to the Host. The Payment Manager will process payments to both the Host and to the Company.
6.4 All Users explicitly agree that all fees and charges for all Storage Deals must be transacted via the Payment Manager. Under no circumstances may the Host solicit or accept payment of fees or charges related to a Storage Deal in cash or via direct bank transfer or another means of payment. Similarly, under no circumstances may the Renter offer or attempt to pay for a Storage Deal other than via the Payment Manager. Any breach of this clause may result in deletion of the accounts of all Users knowingly involved in such breach and you agree, where you are found by the Company to be so knowingly involved, to be jointly and severally liable to pay to the Company the commission that the Company would have been due had the Storage Deal been conducted in accordance with these Terms and Conditions. In such event, all Users hereby agree that the Company shall be entitled to deduct any such amount due from the Price to be paid to the Host, and all Renters agree to reimburse Hosts for the Renter share of any such deduction by the Company.
6.5 Non-Payment of Fees: In the event that the Renter fails to pay any amount due to the Company and in turn the Host, under the Storage Agreement, the Renter hereby agrees that the Company or the Host may deny him/her access to the Storage Address or Storage Space, and may move the Stored Goods at its discretion. If the amount due is not paid in full within 30 days, the Company may issue a written notice to the Renter (at the email or postal address given on the Storage Agreement) of the Company or Host’s intention to sell the Goods within 10 days. If the amount due is not paid in full after an additional 10-day period, the Renter agrees that the Company or Host may sell the Stored Goods and offset the amount due with the proceeds of this sale. Any shortfall will continue to be owed by the Renter. If the Company or Host is unable to sell the Stored Goods within 60 days of the date upon which the outstanding amount became due, and that amount or any part of it remains outstanding, the Renter agrees that the Company or Host may dispose of the Stored Goods as the Company or Host sees fit.
7.1 The Company guarantees to pay an amount in compensation for loss of damage to your property, subject to the limitations, exclusions and conditions contained in this clause 7. You should carefully read all of this clause before entering into a Storage Deal to ensure that you do not do anything which will invalidate the Guarantee.
7.2 YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES, THE COMPANY WILL DECIDE IN ITS SOLE DISCRETION WHETHER ANY CLAIM MADE PURSUANT TO THIS CLAUSE MEETS THE CONDITIONS IMPOSED BY THIS CLAUSE, AND WHAT EXCLUSIONS AND LIMITATIONS APPLY, AND THE COMPANY’S DECISION ON SUCH MATTERS WILL BE FINAL AND BINDING. You further acknowledge and agree that:
7.2.1 We reserve the right to withdraw the guarantee at any time before a claim is made, and following withdrawal no new claims will be considered;
7.2.2 The Guarantee is intended to promote use of our services by encouraging users to formalise their arrangements. The Guarantee is a guarantee of responsibility between users and is not an offer to insure your property and does not constitute a contract of insurance.
7.3 In order to be eligible for consideration for a Guarantee payment, you must be compliant with the following conditions at all material times. If, in the Company’s reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be so compliant at any time during the process of invoking the Guarantee (for example by receiving an insurance payment), the Guarantee will be invalid and no payment will be made to you. If you do not wish or are unable to comply with any of these conditions, you should inform us and the Guarantee will not apply to you:
7.3.1 Both Signatories of the Storage Deal giving rise to the claim must be private individuals, regardless of which Signatory has suffered the claimed loss or damage. For the avoidance of doubt, the Guarantee will not apply where either Signatory is a business or a non-commercial organisation or entity.
7.3.2 You must (a) have suffered loss or damage to property during the period of validity of a Storage Deal; (b) be 18 or over and a registered User of My Hippo Space; (c) be a Signatory to the Storage Deal giving rise to the claim; (d) have sent or received all payments using the Payment Manager in respect of that Storage Deal; (e) not have committed a material breach of any of these Terms and Conditions, and (f) if you are the Host, be a policy holder for a valid contents insurance policy covering the Storage Address and Storage Space against accidental damage and theft.
7.3.3 You must have supplied the Company with a copy of the Storage Agreement signed by the Host and the Renter within seven days of signature. The Guarantee will only apply to contents itemised in the signed Storage Agreement, in respect of which a maximum of £2000 will be paid.
7.3.4 You must be either (a) in the case of Host, the owner or mortgagee or contracting tenant of the storage space address, or (b) in the case of Renter, the owner of all the goods in respect of which the Guarantee is to be invoked.
7.3.5 You must have used your best efforts to resolve the situation and recover your losses:
7.3.6 You must not have received any payment of any amount whatsoever from any insurer or the other Signatory or any other third party in respect of the loss for which you are claiming.
7.3.7 You must not have made any claims under this clause:
7.3.8 You must be prepared:
7.3.9 The Company must not have any reason to suspect you of dishonesty. For the avoidance of doubt, the Guarantee will not apply, and your User status suspended where the Company discovers or reasonably suspects:
7.3.10 You must cooperate fully with all investigations and requests made by the Company in carrying out its investigations and obligations under this clause.
7.4 Financial limits of the Guarantee.
Subject to the limitations, exclusions and conditions contained in this clause 7, the Company will pay up to a maximum of £2000 to repair or replace (at our discretion) your property damaged or destroyed as a result of a Qualifying Loss. Replacement items will be valued at their actual cash value, that is their current market value minus wear and tear. The sentimental value of items shall not be relevant to their valuation. Structural damage to the Storage Space or Storage Address will be subject to a limit for all damage caused of £500 per Structural Damage Incident, and a maximum of £2000 overall.
7.5 Process of invoking the Guarantee.
Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify the Company via email and request a claim form, which must be completed within seven days of discovering the loss or damage for which you wish to invoke the Guarantee. You must cooperate in supplying all evidence of your identity, address, and loss or damage suffered as we reasonably require. Where criminal damage, theft or other criminal activity is suspected, you must have notified the police within 48 hours of discovery and before you notify us, and when you notify the Company you must provide a crime reference number. You will be asked to complete an online questionnaire/checklist to allow us to assess your compliance with the conditions in clause 7.3 and assess whether your claim is excluded under clause 7.8 or otherwise ineligible for consideration. We will contact you within three working days to advise whether your claim is eligible for consideration, giving you one of three responses:
7.5.1 “Claim Invalid”, meaning that your claim is not covered by the Guarantee for the reason(s) stated;
7.5.2 “Claim Pending”, meaning that your claim is on hold until the steps outlined in the response are taken and pursued to a conclusion. This will normally mean that the outcome of a claim against insurance or a criminal investigation is awaited. It is your responsibility to maintain contact with the police, Crown Prosecution Service and/or insurance company to follow the process of the investigation, criminal proceedings or claim. When you consider that the outcome is apparent, you may resubmit your claim, and the process described in clause 6.4 will be repeated; or
7.5.3 “Claim Eligible”, meaning that we are prepared to consider your claim and you have 30 days from receipt of our response to follow the steps in clause 7.6.
7.6 If our response to the process described in clause 7.5 is that you have an Eligible Claim, you must submit a full claim within 30 days of that response. A full claim must include:
7.6.1 A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;
7.6.2 A complete description of the loss or damage suffered, including dates (which may be estimated where exact dates are impossible to confirm), nature and cause thereof, and including proof of ownership, date of acquisition, physical condition and supporting evidence such as receipts, inventories, quotes for repair work, plus the claimed value of any high-value items lost or damaged;
7.6.3 Where you are the Host, evidence of your ownership or tenant status with regard to the premises;
7.6.4 A statement giving full details and dates of what, if any, action you have taken to resolve the matter, including without limitation negotiations with the other Signatory, claims against insurance policies and police reports, and all communications with the foregoing, including responses received;
7.6.5 A declaration as to whether any insurance policy or security deposit or other potential avenue of recovery applies. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, evidence must be supplied that the process of claiming has been initiated and the claim to the Company may then be put on hold until such process is concluded.
7.7 Upon receipt of a full claim, the Company will evaluate it before making a decision as to whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, the Company will make a decision within 90 days of receipt of the full claim. As part of its evaluation of the full claim, the Company may do any of the following, in its sole discretion:
7.7.1 Require you to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges such as the Central Underwriting Exchange and to disclose the results to us;
7.7.2 Require the Signatories to participate fully in independent mediation, and you hereby agree to do this in the event that a full claim is made under any Storage Deal in respect of which you are a Signatory of the Storage Agreement;
7.7.3 Obtain a valuation of any item or items claimed for from an independent expert;
7.7.4 Obtain a loss assessment from an independent expert where we believe it to be necessary. Such experts may include without limitation lawyers, surveyors and pest controllers.
7.7.5 Require you to obtain up to three quotes for repair work;
7.7.6 Make requests for further information from the other Signatory, insurance companies, the police or other authority (including local authorities), or other relevant parties (such as neighbours or witnesses to any incident out of which the claim arises). As a signatory to a Storage Deal, you hereby agree to use your best efforts to facilitate such investigations, including giving your permission for information to be released to us where we reasonably require this, and including where the person making the full claim is the other Signatory to a Storage Deal in respect of which you have signed a Storage Agreement;
7.7.7 Conduct interview(s), either ourselves or via a representative, with either Signatory or with any relevant third party, and you hereby agree to use your best efforts to facilitate such activity;
7.7.8 Inspect (either ourselves or using an expert to carry out the inspection on our behalf) any damaged items or any remaining Stored Items or the Storage Space or Storage Premises upon reasonable notice; and/or
7.7.9 Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.
7.8 Exclusions. The Guarantee does not cover or apply to:
7.8.1 Any Storage Deal in respect of which the Company has not received a copy of the Storage Agreement signed by both Host and Renter in which all items valued at over £50 are individually listed;
7.8.2 Any loss or damage not reported in accordance with clause 7.5 within 30 days of the end of the storage period of the relevant Storage Deal;
7.8.3 Any loss or damage in excess of any limit set out in clause 7.4 arising out of one or more Storage Deals entered into by the claimant;
7.8.4 Items damaged in transition. The phrase ‘damaged in transition’ includes without limitation damage occurring while (a) personally transporting items to and from the storage space, (b) storing, packing and organising a storage space at any time during the period for which the Storage Deal is valid. If the guest has opted for the My Hippo Space Transport Service, then the Terms and Conditions of the Company’s shipping partner will apply.
7.8.5 Damage to stored items, or to the premises by stored items, which were not packed reasonably safely and securely, or which were stored in a way that made it reasonably foreseeable that damage to the items or the premises could occur. By way of example, none of the following would be covered: fragile glass items in cardboard boxes with weighty boxes placed on top of them, unprotected photos stored in a damp environment, or items made of cloth packed in an unsealed bag, heavy items placed in areas unable to bear their weight, or items that rust due to a damp environment;
7.8.6 Damage caused by reasonably foreseeable and preventable occurrences (including without limitation fire or burst water pipes) where either Signatory failed to take reasonable measures to prevent or limit such damage. By way of example, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;
7.8.7 Damage to stored items or to the premises by a third party (including without limitation outside contractors engaged by either Signatory, other Renter who are party to other Storage Deals with the Host, or other adults or children residing at or visiting the storage address);
7.8.8 Single items valued at less than £50 (although such items may constitute part of a collective claim for lower value items);
7.8.9 Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above £100; documents which would be costly or difficult to replace, including without limitation passports or original versions of business contracts, deeds, and certifications or qualification;
7.8.10 Theft of or damage to any item valued above £50 in respect of which the Renter cannot provide a Storage Agreement including an inventory listing that item and signed by both Signatories plus at least one of the following to the Company’s reasonable satisfaction: (a) proof of purchase of that item; (b) an email actually sent or received and dated on or before the date of the Storage Agreement, containing a photograph or video of the item; or (c) any other evidence which demonstrates proof of ownership and/or value;
7.8.11 Theft or malicious or criminal damage to items where the Host is not a suspect and (a) which is not reported to the police within 48 hours of an innocent Signatory becoming aware of it, and in any event within 30 days of the end of the Storage Deal period, or (b) where efforts to recover the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;
7.8.12 Any loss or damage (a) to or caused by Prohibited Item(s) knowingly stored, or (b) to any items or property claimed in respect of any Storage Deal where Prohibited Item(s) were knowingly stored. For the avoidance of doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Renter against the Guarantee, and may preclude any such claim by the Host where the Company reasonably suspects that the Host was aware of such presence, regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);
7.8.13 Damage caused by stored items to goods or chattels owned by the Host. The Guarantee only covers damage to the fixtures, fittings or structure of the premises;
7.8.14 Damage caused by or attributable to ordinary wear and tear;
7.8.15 Any injury to or illness or death of any person arising out of the Storage Deal, or any claim based on the occupier’s liability of the Host. Such events must be claimed for and/or litigated outwith the Guarantee scheme;
7.8.16 Any loss or damage caused directly or indirectly by an event of Force Majeure. These include without limitation earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, labour disputes, riot or civil disorder, war, acts of terrorism, or acts of God;
7.8.17 Any loss or damage suffered as a result of the theft or misuse of personal data or identity;
7.8.18 Non-payment of any part of the price or any other monies owed by the Renter to the Company and in turn the Host. The Company continue to pay the Host in such circumstances and look to reclaim any unpaid funds from the Renter. This offer does not form part of the Guarantee scheme; or
7.8.19 Indirect losses of any kind, including without limitation loss of profit, goodwill, or business.
7.9 Modifications and Cancellation of the Guarantee. The Company reserves the right to modify or cancel the Guarantee at any time and at its discretion.
7.9.1 In the event of cancellation, no new claims will be permitted, but any claims under the Guarantee which are already in process (that is, the online form has been sent to us) will be considered in accordance with the version of this clause 7 in effect at the time of submission of the form.
7.9.2 Where the Company modifies the Guarantee, we will display a notification on the Site and your continued use of the Website or services will indicate your acceptance of the modification.
8.1 The Company's liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of these Terms and Conditions shall be subject to this proviso.
8.2 The Company provides the Website and the Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these Terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
8.3 The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:
8.3.1 as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;
8.3.2 of any particular result or outcome of using the Website or Services, or that either will your requirements; or
8.3.3 that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error free.
8.4 All Storage Deal arrangements are carried out entirely at your own risk. The Company and its officers, directors, investors and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any Storage Deal, any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website.
8.5 You rely on information provided by other Users at your own risk. The Company will endeavour to vet Hosts and Renters through the use of Onfido background checks, however the Company cannot control, endorse, approve or check the availability, condition or nature of advertised storage space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Storage Deal. You should use caution, common sense, and practice safe trading when using the Website.
8.6 Subject to clause 7, you use the Storage Agreement(s) provided at your own risk. The Company does not accept liability for any loss, expense, claim or damage of any nature arising directly or indirectly out of your use of the Storage Agreement(s) that may be provided on the Website from time to time. Users are advised that such Storage Agreement(s) are to be used as a guide only and the Company offers no warranties, guarantees or representations, express or implied, as to their accuracy or appropriateness, fitness for a particular purpose, freedom from error or omission, or that they will meet the individual requirements of any User.
8.7 You agree to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your breach of any of your obligations under these Terms and Conditions.
9.1 By uploading or submitting any information or material to the Website, the User automatically grants the Company a royalty-free, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part). The User acknowledges that the Company is not obliged to publish any material submitted by the User.
9.2 You must not upload any information, content or material which:
9.3 Advertisements may be disabled or removed at our discretion for reasons including but not limited to the following:
9.4 Without limiting any other remedies available to the Company at law, in equity or under these Terms and Conditions, the Company may, in its sole discretion, suspend or terminate your account if the Company suspect that you have engaged in fraudulent, illegal or inappropriate activity, or activity which breaches these Terms and Conditions, in connection with the Website and the service provided. The Company may remove and/or ban advertisements listed by you.
10.1 The Company allows Users limited access to other Users' contact information for the purpose of providing its services. You agree to not under any circumstances disclose personally identifiable information about another User to any third party without first obtaining our consent and the consent of such other User. You also agree to reply to messages as soon as practicable and ideally within 48 hours of receipt.
10.2 You agree that, with respect to other Users' personally identifiable information that you obtain through the Website or through a Website communication or Website-facilitated transaction, and unless the other User agrees otherwise in writing; you will only use such information:
10.3 The Company does not tolerate spam or unsolicited commercial communications and Users shall not make unsolicited contact to the other Users of the Website except as expressly envisaged by these Terms and Conditions.
10.4 We reserve the right to monitor messages sent via the Website for the purposes of research, training or identifying any breach of these Terms and Conditions.
11.1 The Company has the right to limit your activity on the Website, immediately issue a warning, suspend or terminate your User registration or any of the User’s listed Storage Spaces and refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
11.1.1 the User breaches these Terms and Conditions;
11.1.2 if the Company are unable to verify or authenticate the User Information provided to us to our satisfaction;
11.1.3 if the Company believe that the User’s actions may cause the Website legal liability or financial loss; or
11.1.4 if the Company in its sole discretion believes it is in the best interest of the Website and other Users.
12.1 Where contracting as a Renter, you agree to remove all Stored Goods from the Storage Space at the Host’s property within 24 hours of the end of the Storage Deal period, the final date for which the Fee has been paid, or termination of the Storage Agreement, as applicable.
12.2 You further agree that in the event that you fail to remove Stored Goods in accordance with this clause, the Host / the Company shall be entitled upon giving six weeks’ notice to you, to remove, destroy or sell the Stored Goods. The Company is entitled to charge you pro rata for such six-week notice period and to remove, destroy or sell Stored Goods without further notice if payment is not received by the end of the notice period.
12.3 Where contracting as a Host, you agree that if the Renter does not collect their belongings or extend the Storage Agreement you will be given a six week notice before being entitled to take the actions described in 12.2 above. In the event that you receive notice that the Renter has died during the Storage Period, you agree to allow a further period of two weeks (being eight weeks’ notice in total) before taking any such action. You further agree that in the event of your death, your heirs and/or executors will give at least two weeks’ notice of termination to the Renter, after which clause 12.2 will apply.
14.1 The Website and all intellectual property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
14.2 Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
14.3 The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.
14.4 All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
14.5 When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
15.1 The Terms and Conditions and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
16.1 Termination: While you are taking part in a Storage Deal, your User account is required to stay active. Once all your active bookings have come to an end and none are going to be renewed, you will then be able to disable your User account.
16.2 Entire Agreement: These Terms and Conditions constitute the entire agreement and understanding between the parties and supersede any previous agreement or understanding between the parties with respect to all matters referred to in them.
16.3 No Agency: Nothing in these Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
16.4 No waiver: Any failure by either party to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of such provision and shall not affect its right to enforce such provision.
16.5 No Assignment, Transfer or Subcontract: These Terms and Conditions is personal to the parties and neither party shall assign, transfer, subcontract or deal in any other manner with any of its rights and obligations under this contract without the prior written consent of the other party.
16.6 Governing Law and Jurisdiction: These Terms and Conditions (together with all documents referred to in them) are governed by and construed in accordance with English law. The parties irrevocably agree that the English courts have jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions any documents referred to in them.
17.1 We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to track the pages you visit. The only personal details a cookie can contain is information you supply yourself.
Further Queries: If you have any questions or queries regarding any of the services or products featured please email@example.com.
18.1 The Chat Interface is a function of the Site made available to Renters and Hosts which allows both parties to communicate directly with each other.
18.2 We reserve the right to monitor, record, maintain, access and review all interactions that take place on the Chat Interface and to disclose such records as necessary to satisfy any applicable laws, regulations, court orders or other government requests.
18.3 No statements made in the Chat Interface shall be capable of creating any legally binding obligation upon My Hippo Space and My Hippo Space shall not be responsible for any content created or posted on the Chat Interface.
18.4 You are permitted to use the Chat Interface solely to discuss Requests and the Services and you shall not use the Chat Interface for any other purpose.
18.5 The Chat Interface may be unavailable at times for maintenance and we shall not be responsible for any errors, interruptions, deletions or delays that you experience using the Chat Interface. We will use reasonable endeavours to notify you in advance of any planned maintenance to the Chat Interface.
18.6 These content standards apply to any and all material which you contribute to the Chat Interface (each a “Contribution”), and to any interactive services associated with it. These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Every Contribution must not:
(a) provide any false, misleading or inaccurate information;
(b) promote or advertise My Hippo Space's competitors or otherwise solicits business away from My Hippo Space;
(c) circumvent or attempt to circumvent any fees which would or may otherwise be payable to My Hippo Space in relation to Services;
(d) promote any illegal activity, be deceptive, defamatory of any person or legal entity, obscene, offensive, hateful, inflammatory or be likely to harass, upset, embarrass, alarm or annoy any other person;
(e) infringe any intellectual property rights of any other person or breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or privacy;
(f) provide a means through which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement;
(g) alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Site, the Chat Interface or any computer file, database or network nor provide a means of doing the same; or
(h) contain any personal data or information.
18.7 Failure to comply with clause 18.6 constitutes a material breach of these Terms and may (amongst other remedies) result in our withdrawal of your right to use the Site, termination of these Terms and our taking legal action against you.
18.8 We reserve the right to terminate your access to the Chat Interface at any time, without notice and for any reason.
18.9 We reserve the right to remove the Chat Interface from the Site without notice and for any reason.
2.1 You agree that these terms are fair and reasonable in all circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
2.2 We may suspend or close your account at any time if you are in breach of any term of this Agreement or any term of a Parking Space Booking Agreement. We may also suspend or close your account if you do anything to put our goodwill or reputation at risk. If we suspend or close your Account, you will not be able to use our Services any longer and may not be able to access all areas of the Website and the App.
2.4 My Hippo Space will not be held responsible if you fail to provide contact information or you do not receive a booking confirmation or other information from us that may be expecting. If you become aware that you have supplied invalid contact information, please contact us immediately to correct the information we hold about you.
2.5 Some email providers can screen email communications from My Hippo Space and therefore force emails including Booking Confirmations into your Junk or Promotions folder, or any other folder that may not be your inbox. My Hippo Space will not be held responsible for emails that do not end up in your inbox.
3.1 My Hippo Space will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against you by any other party. In no event will My Hippo Space be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of:
i. errors, mistakes, or inaccuracies on the Website or the App or related services.
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and the App or Services or any booking with a Space Owner or Driver to the fullest extent permissible by law,
iii. any unauthorised access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein,
iv. any interruption or cessation of transmission to or from the Website and the App
v. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of your use of the Website or Services, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
3.2 You acknowledge that the amounts payable under this Agreement are based in part on these limitations, and
3.3 You further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
3.4 No claim may be brought against us in relation to this Agreement more than 1 month following the Booking to which the claim relates.
3.5 We will not be liable to you in the event of a claim by a Driver or Space Owner against you and, for the avoidance of doubt; we shall not be required to return any money received by us under this Agreement to either you or the Driver or Space Owner in such circumstances.
3.6 We will not be liable to you for any loss or damage, in the event of a claim by a Driver or Space Owner against you and, or your property, or anyone connected to you or your property
4.1 You agree that the Website and the App is a platform for advertising Parking Spaces owned or controlled by Space Owners (Hosts) and we have no responsibility for the Parking Space other than to provide the services under this Agreement which includes administering and confirming Bookings and collecting payment on behalf of the Space Owner.
4.2 Whilst we endeavour to ensure that Parking Spaces listed on My Hippo Space are of a high quality we offer no guarantee as to the Parking Space's suitability for the Driver’s requirements. Similarly, we rely on the Space Owner for details about a Parking Space given on the Website or the App and whilst we use reasonable efforts to verify the accuracy of such information we offer no warranty in relation to these details.
4.3 My Hippo Space guarantees that we will reserve the parking space booked via our platform based on the availability information provided to us by the Space Owner via their listing. My Hippo Space does not physically hold the parking space and as such will not be held liable for the unavailability of the parking space.
4.4 My Hippo Space has the authority to disable and/or remove any listing that is over 100% of the average price of parking spaces listed on our platform within the area (1mi).
4.5 Car park owners must not list their parking spaces on the My Hippo Space platform for a higher price than the drive-up rate charged at the car park, inclusive of our 20% commission. In the event that this is not adhered to, My Hippo Space reserves the right to refund customers the overcharged amount to match the drive-up rate.
4.6 A Driver is able to book a Parking Space advertised on the Website and the App instantly. The listing for a Parking Space will indicate the availability, price and location of the Parking Space.
5.1 If you choose to use the Website and the App, you do so at your own risk. You acknowledge and agree that My Hippo Space does not have an obligation to conduct background checks on any Space Owner or Driver, or the parking space itself.
5.2 The Website and the App or related services are provided "as is", without warranty of any kind, either express or implied, other than statutory warranties which cannot be excluded.
5.3 My Hippo Space makes no warranty that the Website or the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. My Hippo Space makes no warranty regarding the quality of the Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website and the App or related services.
5.4 No advice or information, whether oral or written, obtained from My Hippo Space or through the Website or the App or related services will create any warranty not expressly made herein.
5.5 You are solely responsible for all of your communications and interactions with other users of the Website and the App and with other persons with whom you interact as a result of your use of My Hippo Space, including, but not limited to, any Space Owners.
5.6 You understand that My Hippo Space does not make any attempt to verify the statements of users of the Website and the App or Services or to review or visit any Parking Spaces. My Hippo Space makes no representations or warranties as to the conduct of users of the Website and the App or Services or their compatibility with any current or future users of the Website and the App, or Services.
5.7 You agree to take reasonable precautions in all communications and interactions with other users of the Website and the App or Services and with other persons with whom you communicate or interact as a result of your use of the Website and the App, or Services, including, but not limited to, Space Owners, particularly if you meet in person.
5.8 We are not responsible for the location or condition of a Parking Space, its availability or the conduct of the Space Owner during the Booking Period. We act as an agent for the Space Owner and by making a Booking, the Driver is entering an agreement with the Space Owner under which the Space Owner is bound to provide you with the Parking Space, subject always to this Parking Space Booking Agreement.
5.9 Unless stated otherwise in these Terms, once we have confirmed the Drivers Booking, we have no further obligation to the Driver in relation to the Parking Space, the Booking Period or Booking and all responsibility lies with the Space Owner.
5.10 We make great efforts to ensure that our Space Owners offer a good service and provide their Parking Space in accordance with Driver expectations but we accept no responsibility and will have no liability if the Parking Space or the services of the Space Owner generally do not meet the requirements of the Driver. The right of action or claim in such circumstances will be against the Space Owner but we may assist (at our discretion) in seeking to resolve a dispute between the Driver and the Space Owner.
5.11 You grant us the right to communicate with you in any channel or method we choose, including but not limited to, email, phone, text message or any social media platform.
5.12 You agree to not attempt to contact a Space Owner or Driver directly until a Booking has been confirmed or until given direction to do so by My Hippo Space.
5.13 You agree that you will not create any false account with My Hippo Space or use your account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings, fraudulent listings or money laundering.
5.14 We act as the Space Owner's agent for the purposes of forming binding agreements between the Driver and the Space Owner but have no liability to you in relation to the Parking Space or the Booking other than as set out in this agreement. We are not a real estate broker, agent or insurer. We have no control over the conduct of Drivers or parking Space Owners and disclaim all liability in this regard to the fullest extent permissible by law.
6.1 You agree that you will not create any false account with My Hippo Space or use your account with My Hippo Space for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
6.2 You agree to not accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access or attempting;
i. To probe, scan, or test the vulnerability of the Services, the Website and the App, or any associated system or network, or to breach security or authentication measures without proper authorisation;
ii. interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website and the App or Services, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing;”
iii. using the Website and the App or Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
iv. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
v. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by My Hippo Space in providing the Website and the App or Services.
6.3 We may suspend your Account at any time should you be in breach of this Agreement. Furthermore, if you have not registered with us, we may suspend your access to My Hippo Space if we believe you to be in breach of this Agreement.
6.4 If we suspend your Account or access to the Website for any reason, we may refuse to provide you with any Services including the right to make any further Bookings or listings. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
6.5 Upon termination you will no longer be able to use our Services or make Bookings through us. If when we terminate this agreement you have any outstanding Bookings for which you have made pre-payment, we may refund you accordingly. Any such refund is at our absolute discretion.
6.6 In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, disclaimers, liability and damage).
7.1 As a Space Owner you agree to use My Hippo Space as your exclusive agent for the purposes of making and accepting bookings from Drivers. For the purposes of this clause, a “Driver” means any person who:
i. has made a booking of your Parking Space through My Hippo Space; or
ii. has made an enquiry about your Parking Space through My Hippo Space (whether or not such person completed a booking); or
iii. has become aware of you or your address or the address or location of your Parking Space directly or indirectly as a result of your listing with My Hippo Space; or
iv. has made you aware of their need for parking through My Hippo Space whether or not in any of the above scenarios such person completes a booking with you or a third party (“Space Owner”). In the event of a booking between a Driver and a Space Owner such of these terms and conditions as relating to fees payable to My Hippo Space will apply to the Space Owner.
7.2 In the event that you arrange any booking or accept a booking to use your Parking Space with a Driver (or any other person who is responsible for or entitled to drive the same car as a Driver) within a period of 6 months from the end of a Driver's Booking Period, then the Driver will forfeit their deposit and be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this and we reserve the right to deduct such fees and costs using the debit or credit card details you have supplied to us or by reducing your My Hippo Space balance accordingly. My Hippo Space may on occasion also charge a late payment processing fee.
7.3 Space Owner Obligations
7.3.1 You authorise us to advertise your Parking Space on the Site and the App and provide information to Drivers and prospective buyers who may wish to use the Parking Space.
7.3.2 You authorise us to refer to you or your Parking Space at any time in the future to publicise ourselves or our website.
7.3.3 You authorise us to send promotional materials to Drivers and provide such information about your Parking Space as we may deem appropriate to promote My Hippo Space or your Parking Space.
7.3.4 You will be required to complete your own listing for the Site and the App. As the space owner you agree to provide all relevant information about your Parking Space including but not limited to:
a. the address of the Parking Space;
b. any restrictions on the types of vehicles for which the Parking Space is suitable;
c. any other information or restrictions which apply to the Parking Space which a Driver should be aware of before booking the Parking Space including but not limited to the requirement of a parking permit and allocated bay numbers;
d. your name, address, email and mobile number.
7.3.5 You must provide us with any other information relating to you or the Parking Space as we may reasonably request at any time and we may also ask you to clarify any information you have provided.
7.3.6 You are responsible for the accuracy of all information in your listing and any information you provide to us in relation to a booking. You may be liable to the Driver under this Agreement if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Driver as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.
7.3.7 You will provide 30-days notice to My Hippo Space for price increases to be applied on active or upcoming long-term (monthly) bookings or risk an early termination of the booking.
7.3.8 You grant us the right to remove your listing and or account if the Parking Space does not conform to the information you have provided or our standards or we believe you to be in breach of your obligations under the Booking Agreement.
7.3.9 You appoint us as your agent for the purposes of forming an agreement between you and the Driver to whom you agree to grant a license to use the Parking Space. You also appoint us to collect all of your booking charges from the Driver and transfer to you minus any fees or charges as specified to you at the time of your booking confirmation. Should you breach the terms in the Booking Agreement, My Hippo Space may withhold funds at any point during the booking in order to make the Driver whole.
7.3.10 You must:
a. ensure before any Booking Period, that the Parking Space is in a satisfactory condition and is able to meet the requirements of the Driver under the Booking Agreement.
b. honour all Booking Agreements with Drivers
8.1 Either party may terminate this Agreement at any time. From the date of termination, we will not confirm or accept any new bookings for the Parking Space until this Parking Space passes a quality check by My Hippo Space, and My Hippo Space will relocate outstanding bookings to the nearest possible site, and or issue a refund.
8.2 In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
8.3 We will be entitled to terminate this Agreement immediately if:
i. you are in material breach of any of the terms of this Agreement; or
ii. you do anything to put our goodwill or reputation at risk; or
iii. we have any reason to believe that you are not authorised to grant a license to use the Parking Space;
iv. you cancel a booking other than in accordance with the Cancellation Policy
v. you refuse to cooperate with us in respect of this Agreement
vi. we believe that driver safety or vehicle safety is at risk or;
vii. the Driver defaults on their rental payment or
viii. we deem the application for immediate termination from the Space Owner or Driver to be valid and actionable.
8.3.1 In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, disclaimers, liability and damage).
8.3.2 In the event of termination on grounds of non-payment of rent by the Driver, My Hippo Space is entitled to forego 30 days notice and will not be liable to the payment of the required 30 day notice period.
9.1 You agree to defend, indemnify and hold harmless My Hippo Space, its affiliates, and their respective officers, directors, managers, employees and agents ("My Hippo Space Indemnities") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to Lawyer's and accountant's fees) arising from:
i. your actions or omissions in relation to the My Hippo Space Website or App, the Parking Space or the Booking;
ii. your violation of any term of this Agreement; This defence and indemnification obligation will survive this Agreement and your use of the Site and the App.
iii. any claim that any content uploaded by you to the Site or the App caused damage to a third party;
iv. your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right;
v. any claim that any content uploaded by you to the Website caused damage to a third party;
vi. your violation of any law; or
vii. you hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify My Hippo Space indemnities.
viii. your breach of this Agreement. This defence and indemnification obligation will survive this Agreement and your use of the Website. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify My Hippo Space Indemnities. The full address of the parking space will always be provided in full and you will be liable for parking at the incorrect property as a result of your own negligence.
This Agreement sets out the terms and conditions on which the Space Owner agrees to permit the Driver to use the Parking Space.
a. This leasing agreement ("Agreement") is between the Driver ("Driver") who has booked a parking space through the My Hippo Space website or app and the owner or operator ("Space Owner") of the parking space ("Parking Space") which has been booked.
b. This Agreement and any additional terms included in a Space Owner's listing are a contract between the Driver and the Space Owner. My Hippo Space is not a party to this agreement.
10.1 The Booking Process
10.1.1 This Agreement becomes binding on the Driver and the Space Owner when the Driver makes a booking and payment is received by My Hippo Space.
10.1.2 Each party acknowledges that the Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other
10.1.3 You may not incorporate any additional terms into the Booking Agreement other than the restrictions clearly included in your listing. You agree not to propose to the Driver or Space Owner any additional term or amendments to the Booking Agreement after a booking has been made without our consent. The Driver is not obliged to accept any further terms once we have accepted a booking on your behalf.
10.2 Driver Rights and Obligations
10.2.1 Is entitled to permit another person to use the Parking Space under this Agreement.
10.2.2 Is responsible for ensuring that any person (an "Authorised Person") the Driver allows to use a Parking Space complies with the terms of this Agreement. The Driver is responsible for the conduct of any such Authorised Person.
10.2.3 Must only use the Parking Space at the times specified in this booking confirmation. If the Driver uses the Parking Space at any earlier or later time, the Driver will be liable to the Space Owner under the Booking Agreement and the Driver’s vehicle may be towed.
10.2.4 Must use the vehicle the details of which have been notified as part of the Booking. If the Driver uses a different vehicle they may be unable to park. If the Driver wishes to change the registered vehicle to be used for the parking space, the Driver must contact My Hippo Space in advance of the booking so that My Hippo Space can confirm and notify the Space Owner.
10.2.5 During the Booking Period, if the Driver has any concerns or queries about the Parking Space the Driver must contact My Hippo Space immediately and My Hippo Space will direct the concern or query to the Space Owner if appropriate.
10.2.6 At the start of the Booking Period, the Driver must inspect the Parking Space and ensure the Parking Space meets the description on My Hippo Space. If the Driver believes that the Parking Space does not reasonably match the description on the Website and the App, you must contact My Hippo Space immediately or within 48 hours, in which case we will provide you with a suitable alternative or full refund in order to resolve the concern or query.
10.2.7 Where possible, any dispute between the Driver and the Space Owner relating to the Parking Space should be dealt with at the start of the Booking Period and without our involvement so that the Driver may still fulfil the Booking. Where this does not prove possible, the Driver agrees that My Hippo Space may mediate (at its discretion) and attempt to resolve the concern or query so that the booking can be fulfilled.
10.2.8 Must vacate the Parking Space and cease using the Parking Space by the end of the Booking Period. The exact departure time from the Parking Space will be as stated in the Booking Confirmation. You authorise us to collect payment on behalf of the Space Owner for additional times used using the credit or debit card details you have supplied.
10.2.9 Any and all access equipment provided for the booked parking space must be returned within 48 hours of the booking end time. Failure to return access equipment within 48 hours of the booking end time will result in an automatic deduction of the cost of replacement from the paid deposit.
10.2.10 Acknowledges that the Parking Space is someone else's property and agrees not to access any other part of the property to which the Parking Space is attached, other than as reasonably required to directly access the Parking Space or as explicitly stated in your Post Booking Instructions.
10.2.11 Has primary responsibility for the Driver’s safety and the safety of their vehicle during the Booking Period and agrees that the Space Owner or My Hippo Space are not responsible for ensuring the Driver’s or an Authorised Person’s safety, or the safety of your vehicle. A Driver parks at his own risk.
10.3 Space Owner rights and obligations
The Space Owner agrees to:
10.3.1 Provide the Parking Space in accordance with the details and information set out in your My Hippo Space listing;
10.3.2 Comply with all applicable laws and rules and regulations that may apply to the Parking Space, including but not limited to any relevant body corporate rules, zoning laws and laws governing rental of or licenses to use residential and other properties;
10.3.3 Use best endeavours to settle any disputes that may arise during the Booking Period as soon as practicable so that the Driver may still fulfil his booking.
10.3.4 You will be advised of any enquiries about your Parking Space by any method possible including but not limited to email, text message or phone call.
10.3.5 You agree to allow My Hippo Space to automatically accept bookings for you instantly, always or if a booking meets certain criteria.
10.3.6 You agree to confirm with us as soon as practicable if you cannot accept a booking. You agree to decline a booking by sending My Hippo Space an email or phone call.
10.3.7 You agree to grant My Hippo Space permission to cancel any and all upcoming short-term bookings in order to accept a long-term booking.
10.3.8 Parking Space Owners have 48 hours to reply to a Parking Space enquiry before the offer is revoked. You acknowledge that during and after this 48 hour period, we may suggest other Parking Space options to the Buyer who has made the enquiry.
10.4 Driver and Space Owner Obligations
As a Driver or a Space Owner:
10.4.1 You will be asked to create a password when registering. You are required to ensure that the password is kept confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website and the App they will be deemed to be acting as an agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.
10.4.2 You agree to not use the Parking Space or deal with other My Hippo Space members in any way which could be deemed to be harmful to the business or reputation of My Hippo Space or do anything which might adversely affect our relationship with a Space Owner or a Driver;
10.4.3 You agree to not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of My Hippo Space or any Driver or Space Owner through any communication including written and oral communication made by yourself or a third party to transact outside of the Website and the App.
10.4.4 You agree to provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
10.4.5 You agree to not use the Website or the App in any way which may detrimentally affect the reputation of My Hippo Space or the use and enjoyment of the Website and the App or our Services by any other users or third parties;
10.5 Mutual Warranties
10.5.1 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
10.6 Driver Warranties
The Driver represents and warrants that the Driver will:
10.6.1 Keep the Parking Space clean, tidy and clear of rubbish and leave the Parking Space in the same condition as they find it;
10.6.2 Park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property;
10.6.3 Notify the Space Owner or My Hippo Space of any damage to the Parking Space during the Booking Period as soon as it occurs;
10.6.4 Not do or permit to be done on the Parking Space anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Seller or owner or occupier of neighbouring property;
10.6.5 Not conduct any illegal activity from the Parking Space;
10.6.6 Not conduct any business or commercial activity whatsoever from the Parking Space;
10.6.7 Not use the Parking Space for any purpose other than for parking;
10.6.8 Indemnify and hold harmless the Space Owner against all loss, liability, damages, costs and expenses arising from the Driver’s negligence in connection with the Parking Space, except to the extent that such loss, liability, damages, costs or expenses are caused by the negligent acts or omissions of the Space Owner; and
a. Act with courtesy towards the Space Owner; and
b. Have at all material times a valid driving license and vehicle registration.
10.6.9 The above warranties are given at the commencement of and on an on-going basis during the term of the agreement.
10.7 Space Owner Warranties
The Space Owner represents and warrants that the Space Owner:
10.7.1 Owns or is authorised to use the Parking Space and is authorised to allow third parties to use the Parking Space and, where necessary, you have permission from your landlord, tenant or body corporate (or other persons who control any apartment or complex of which the Parking Space is a part) to do so. If you do not have the necessary authority you agree to indemnify and hold harmless My Hippo Space for any loss we may suffer as a result of your breach of the representation and warranty above.
10.7.2 Has all necessary regulatory and planning approvals to grant a license to use the Parking Space and that the license to use the Parking Space will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Parking Space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties.
10.8.1 Our standard policy for short-term bookings (any booking of less than 30 days) is to collect a payment owed by the Driver for the Parking Space at the time the booking is made. We will collect full payment up front in the case of a short or medium-term booking (any booking of up to 1 month).
10.8.2 For long-term bookings (any booking of more than 30 days) we will take a deposit payment from the Driver up front to the value of 1 month’s rent. The first month’s rent will be taken on the first day of the booking and the rolling monthly payments will be taken on this date each month until termination of the Booking.
10.8.3 We are authorised by the Space Owner to accept payment from the Driver on the Space Owner's behalf. If the Driver has paid the full amount for the booking to My Hippo Space at the time the booking is made, then no further payments are due to the Space Owner. The Space Owner accepts that payment of the fees for the Booking to My Hippo Space represents a full discharge of the Driver's payment obligations for that booking.
10.8.4 As a Space Owner, you authorise My Hippo Space to accept and hold Driver payments on your behalf. We will send the payment to you that we have received from the Driver at the end of the next pay period for short-term bookings, and at the end of the payment period in the case of a long-term booking. We reserve the right to waive this escrow period.
10.8.5 My Hippo Space is entitled to process all transactions using your Account and is not required to check that you have authorised such transactions.
10.8.6 In order to register an account you may be required to provide us with bank account, PayPal, credit or debit card details to enable us to make payments to you. We are also authorised in exceptional circumstances to use these details to deduct any payments you may owe to us or to a Driver.
10.8.7 You are responsible for paying all fees and applicable taxes, general services taxes, incomes taxes, goods and services taxes and other similar taxes or other withholding and personal or company incomes taxes ("Taxes") under this agreement in a timely manner.
10.8.8 If your payment is not received or fails we may collect monies owed using other collection mechanisms and we reserve the right to charge you for all additional fees and expenses we may incur (including legal fees and costs) in attempting to collect fees through commencing collection efforts, using the services of an external debt collection agency or issuing legal proceedings.
10.8.9 Once payment has been received, we will send a Booking Confirmation Email which will include the Booking Period (which may be changed by agreement or termination as set out below) and a contact details for both parties.
10.8.10 You agree that we may issue you with invoices and receipts in electronic format by email or other method.
10.9 Cancellations and Booking Guarantee
10.9.1 All bookings are made subject to the cancellation policy as set out in this agreement and the Driver and the Space Owner each agree to comply with the terms of the Cancellation Policy and authorise My Hippo Space to administer the Cancellation Policy, if necessary, by making refunds.
10.9.2 The Driver and/or Space Owner must cancel the booking by contacting My Hippo Space via email and requesting a cancellation. My Hippo Space is not responsible for any transmission failures. My Hippo Space may accept cancellation via phone at our discretion. Notice of cancellation will be deemed to be received at the point My Hippo Space receives a cancellation request for their booking:
a. All short-term bookings (any booking of 29 days or less) can be cancelled up to 24 hours before the booked start time and receive a full refund.
b. All short-term bookings placed within 24 hours of the start time are fully refundable.
c. Cancellations for long-term bookings (any booking of 30 days or more) can be made at any point of the booking in which case My Hippo Space will take the required 30 days notice from either Driver or Space Owner.
d. Cancellations for a long-term booking can be made effective immediately by either party should the cancellation be made within 48 hours of the booked start time, thus waive the 30 day notice period required and will be fully refunded less the cost of parking for the days used.
e. Cancellations for season tickets can be made effective immediately by either party should the cancellation be made within 48 hours of the ticket start date, thus waiving the 30 day notice period required and will be fully refunded less the cost of parking for any days used.
f. Cancellations for season tickets must be submitted up to 30 days before the season ticket is due for renewal.
10.9.3 If the Driver fails to cancel the booking using the My Hippo Space cancellation procedure or in accordance with the cancellation policy, the Driver will be liable for the full amount of the fees payable to the Space Owner and will not receive any refund whatsoever.
10.9.4 If the Space Owner fails to provide 30 days’ notice to end a long-term booking using the My Hippo Space cancellation procedure or in accordance with the cancellation policy, the Space Owner will forfeit up to £25 of their unpaid earnings held by My Hippo Space. In cases where earnings are below £25, My Hippo Space reserves the right to retain the total amount of unpaid earnings.
10.9.5 As a Driver you agree that if a Space Owner wishes to cancel a booking they may do so through My Hippo Space. If we are required to process a cancellation, we will do so in accordance with the Cancellation Policy. If you have paid a booking deposit and are required to make further payments to a Space Owner under the Cancellation Policy, you authorise My Hippo Space to collect payment on behalf of the Space Owner using the credit or debit card details you have supplied. We also reserve the right to cancel your Account and terminate this agreement if you do not make payment within the timeframes specified in the Cancellation Policy.
10.9.6 For the avoidance of doubt, it is My Hippo Space's responsibility to make any refund to which the Driver may be entitled. The Space Owner has no authority or means to issue any refunds.
10.9.7 A full refund can be provided to the Driver if the:
a. Parking space is unavailable on the date and time agreed
b. Parking space address is incorrect
c. Parking space description or listing details are substantially misleading as determined by My Hippo Space
d. Space Owner needs to cancel the booking and informs My Hippo Space before the start date
e. Refund request is received up to 48 hours after the booking start date and is approved after investigation.
f. In line with our booking guarantee, My Hippo Space may provide the Driver a full refund if the above criteria are met in My Hippo Space’s absolute discretion and judgement, though it is not obliged to do so.
10.9.8 Partial Refunds:
a. The Space Owner must inform My Hippo Space immediately if the Space Owner wants to cancel a booking, then a refund covering the remaining booking period will be provided to the Driver. A Space Owner must provide 30 days notice to cancel a booking, except in the case where the Space Owner no longer has the legal or authorised right to the Parking Space.
b. The Driver must inform My Hippo Space if the Driver wants to cancel a booking. 30 days termination notice will be taken from this date.
c. The Driver chooses to cancel a long-term booking within 48 hours of the start time, the Driver will be obligated to pay for the number of days used before a refund is issued.
10.9.9 No Refunds:
a. If the Driver wants to cancel a short-term booking after the booking period, then the Driver will receive no refund. Example: If a Driver has a booking for the 1st and contacts My Hippo Space on the 2nd to say they did not end up using the space, then the Driver will receive no refund.
b. If the Driver does not use the parking space or make suitable attempts to find it and contact the Space Owner, then the Driver will receive no refund.
10.10 Complaints and Disputes
10.10.1 The Driver and Space Owner agree that in the event of a dispute in relation to this Agreement, you will attempt to resolve it in the first instance by directly communicating with the other party with the contact details given to you by My Hippo Space.
10.10.2 In the event that a dispute cannot be resolved with the Driver or Space Owner directly, either the Driver or Space Owner may refer the dispute to My Hippo Space. My Hippo Space is not obliged to take any steps in relation to the dispute but may, at its discretion, investigate the matter and take any action as deemed appropriate.
10.11.1 You agree that we shall not be liable to you in any way whatsoever if you suffer any loss as a result of any governmental authority or any other relevant public authority bringing proceedings against you or taking any other action against you as a result of listing the Parking Space on My Hippo Space.
10.11.2 In the event of credit/debit card fraud, unauthorised use of a credit/debit card or fraudulent payment details by Drivers, My Hippo Space will not be liable to pay out earnings from fraudulent bookings and reserves the right to deduct earnings from the Space Owner to recover any previous payments for fraudulent bookings.
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