Terms of Service Spotly IVS

CVR/VAT: 39816563
Address: Århusgade 120, 2150 Nordhavn, Denmark
E-mail: hi@spotly.co
Telephone: +45 53 79 78 53
Effective from: 1st August 2019

1. Key terms

In these Terms of Service, the following should be understood:

1.1. Online platform for short-term showrooms

Spotly.co is an online platform (hereafter, Spotly.co), owned by Spotly IVS, for short-term showroom Spots, where Hosts and Renters via listings, may enter into agreements with one another on the lease of short-term Spots in Showroom Spaces and Services for Pop-up's.

1.2. Space

A Space is an entire physical Space that can be used for commercial activity, that is suitable to use as a showroom and that is accessed legally through lease or ownership. A Showroom Space, can consist of several Spots.

1.3. Spot

A Spot is the particular area in the showroom Space, available at a specific time. A Spot can be down to 1 m2. The Spot that can be rented short-term (maximum duration 3 months) through the use of Spotly.co. It can be an Entire Space (the entire Space) or a Partial Spot (a part of the Space).

1.4. Listing

It is the Spot that is listed available for Booking.

1.5. Pop-up

A temporary physical presence, namely a legal person or a group of legal persons, that appear suddenly, with a clear start and end date, and a maximum duration of 3 months. The Pop-up intention is to use a Spot to meet an audience or do a customer facing event.

1.6. End-user

All registered users of Spotly.co can either list or rent a Spot. They can be mostly Hosts, mostly Renters or both Host and Renter.

1.7. Host

A physical or legal person that via the online platform, intends to rent out her/his Space or Spaces and other relevant Services to an End-user (Renter).

1.8. Renter

A physical or legal person that via the online platform, intends to rent a Spot or Spots and other relevant Services from an End-user (Host).

1.9. Booking request

The request sent by the Renter to book a specific Spot, at a requested time for a requested purpose.

1.10. Lease period

The period the Spot is leased indicated by Pop-in and Pop-out dates.

1.11. Booking Fees

Is the Fees associated with booking of a Spot through Spotly.co.

1.12. Service

The Services offered by Spotly IVS.

1.13. Agreement

The Agreement between a Host and Renter concerning leasing a Spot.

2. Terms of Service

2.1. Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.
2.2. The current terms of Services is valid for any collaboration and service, that is exchanged between Spotly IVS and the End-users of the online platform Spotly.co.
2.3. Please note that your use of and access to our Services (defined below) are subject to the following terms. You need to accept the Terms of Service in order to use our platform and Services. If you do not agree to all of the following, you may not use or access Spotly.co or Services in any way.
2.4. Spotly IVS is entitled to at all times, and without advance warning, in sole discretion, change the Terms of Service, including Service Fees. In the case we do, we will notify you.
2.5. Our Terms of Service is available on Spotly.co here. "Last updated at" will be stated at the top of these Terms.
2.6. The Services are intended solely for persons who are 18 or older, and for physical or legal persons that intend to use the platform for commercial purposes. Any access to or use of the Services by anyone under 18 is prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
2.7. Please carefully read our Privacy Policy, which can be found here and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Spotly's Services.

3. Spotly's Services

3.1. Spotly IVS's main Service consists of providing an online platform Spotly.co, cf. 1.1, at the disposal of the End-users, from which the End-user may enter into an agreement of Leasing a Spot. Spotly IVS's service also consists of providing advice, and assisting the End-user with advice on the products and services offered from Hosts and Affiliates.
3.2. The Services can be used to facilitate the listing, booking and payment of short-term Showroom Spots. Hosts may decide to offer additional services on the platform, such as “Unpacking & Racking” or “Sales Assist”.
3.3. Spotly IVS 'additional service, VAKANT, consist of providing customers with consultancy in finding the perfect Renter, find a specific Space or Spot that is not listed on Spotly.co, to facilitate a group of Renters to Pop-up together and provide other tailormade Pop-up event solutions.
3.4. Spotly IVS is entitled to make, in its sole discretion, a clearer definition of the products and services Hosts and Affiliates can offer End-users via Spotly.co.
3.5. Spotly IVS do not provide Services to or collaborate with any physical or legal persons that;
3.5.1. Exhibit racist or extremist attitudes or behaviour
3.5.2. Exhibit misogynic, misandrist or LGBTQ+ offending attitudes or behaviour
3.5.3. Does direct or indirect trade or other business involving firearms, pyramid models, price dumping, medication or addictive products to children
3.5.4. Exhibit an unethical way of doing business or exhibit unethical behavior towards animals
3.5.5. Do not have sustainability as a part of their values
3.5.6. Conduct illegal or criminal business
3.5.7. In any way exhibit abusive behavior

4. Use of Spotly.co

4.1. Use of Spotly.co requires the creation of a user profile at Spotly.co. Information that Spotly IVS receives from the End-user is processed in accordance with our Privacy Policy.
4.2. Spotly.co are offered exclusively to physical or legal persons over the age of 18, that have the intention to use the platform for commercial purposes. By using Spotly.co, the End-user declares, if she or he is a physical or legal person and that she or he is over 18 years of age.
4.4. The End-user, declares when using Spotly.co, that the information the End-user indicates on Spotly.co is correct, that the content uploaded may be legally used by the End-user and is not subject to third-parties copyright. It is the End-users own responsibility to ensure that the information indicated on Spotly.co, at all times is correct.
4.4. The End-user cannot, even if the End-user is a legal person and not a physical person, have more than one active account on Spotly.co and the End-user agree to provide us with accurate information. If they don't, Spotly IVS may disable their account.
4.5. All End-users are responsible for keeping their password safe.
4.6. Discover Spots
4.6.1. You may view Listings as an unregistered visitor to Spotly.co. If a visitor wish to book a Spot, they must sign up as an End-user on Spotly.co and agree on the Terms of Service.
4.6.2. If an End-user or visitor did not find the Spot they we're looking for, they are always welcome to contact Spotly IVS for advice and assistance. If they ask Spotly IVS to actively search down a Spot for them, that is not listed on Spotly.co, additional Service Fees may apply. Spotly IVS will make the user aware of this before starting the process.
4.7. Listing a Space and Spot
4.7.1. When an End-user lists a Space and a Spot at Spotly.co, the End-user declares that she or he, have legal access to the Space or Spot that is being listed and is entitled to do so.
4.7.2. When an End-user lists a Space and a Spot at Spotly.co, the End-user declares that she or he will be subletting a Space or a Spot, in accordance with what the premises may legally be used for.
4.7.3. If the End-user is not the legal owner of the Space she or he wants to list at Spotly.co, the End-user declares, when listing a Space, that she or he, have informed and obtained consent from her or his landlord or the legal owner of the Space to sublet a Spot in the premises.
4.7.4. The End-user is obligated to provide the information that Spotly IVS require, and follow the guidelines on how to properly list a Space and Spot. It is the End-users responsibility to provide a realistic picture of the Spot that can be rented.
4.7.5. If the Spot Listed is a partial Spot, it is the End-users responsibility to ensure that proper marking of the Spot is visualized in the listing (with duct tape).
4.7.6. Spotly.co is not an exclusive platform, meaning, the End-user is entitled to list her or his Space(s) and Spot(s) on other platforms for different use, unless the platform is directly competing with Spotly.co.
4.7.7. The Host is entitled to do Pop-up transactions outside of Spotly.co if the Renter comes from a different source than Spotly.co. If the Host does transactions (booking, payment) with a Renter that derives from Spotly.co outside the platform, there is a breach in Terms of Service, and the Host will be excluded as a registered End-user of Spotly.co, and is obliged to pay compensation to Spotly IVS, equalling the Spot rent including lost Booking Fee.
4.8. Booking a Spot
4.8.1. Any agreements the Host enter into with the Renter are between the Host and the Renter. It is up to the Host and Renter to negotiate the terms, associated with their agreement.
4.8.2. Any agreements the Host enter into with the Renter are time-limited with a maximum of 3 months (90 days).
4.8.3. All End-users (both users that are registered as mainly interested in Hosting or renting) are able to book a Spot through Spotly.co.
4.8.4. Only End-users that intend to book the Spot for own use, are allowed to send a Booking request.
4.8.5. The Host's decides whether or not she or he would like to accept the Booking request, and is not required to provide any reasoning, unless wanted.
4.8.6. The Host has 96 hours, equalling 4 days to either approve or decline the Booking request. If no action is taken, the booking request automatically expires.
4.8.7. All End-users will be notified when their Booking request is either confirmed or cancelled.
4.8.8. If the Booking request is confirmed by the Host, the Renter has 96 hours, equalling 4 days, to confirm that they are booking the Spot through providing their payment information.
4.8.9. A Host may specify additional requirements for Renters to book their Spot, but Spotly IVS will not attempt to verify the accuracy of the information provided by Renters.
4.8.10. If the Renter contacts the Host directly, with the attempt to make a transaction outside of Spotly.co, there is a breach in Terms of Service, and the End-user will be excluded as a registered End-user of Spotly.co.
4.8.11. If a Renter that derives from Spotly.co contacts a Host directly, with the attempt to make a transaction outside of Spotly.co, the Host is obliged to decline the Booking request and report this directly to Spotly IVS.
4.8.12. The Host has a responsibility, to always ensure that the Booking requests deriving from Spotly IVS, and the platform Spotly.co, is handled through Spotly.co.
4.9. Message system
4.9.1. Once a Booking request is sent by a Renter, a message system will be available for both Renter and Host to facilitate direct communication.
4.9.2. Spotly IVS demand that a good tone of voice and language is being used. In the case Spotly IVS is made aware of inappropriate communication from one of the End-users in dialogue, it forms the basis of exclusion from using the Services.
4.9.3. The message system provided by Spotly IVS, may not be used to make deals or transactions outside of the Spotly.co platform.
4.9.4. The message system provided by Spotly IVS, may not be used to share anything else, than information that is relevant for the Pop-up transaction to take place in a successful manner.
4.10. Payment
4.10.1. If you are a Host, you appoint Spotly IVS as a payment agent for collecting Spot rent on your behalf.
4.10.2. If you are a Renter, you acknowledge that Spotly IVS acts as a payment agent for the Host. Spotly IVS will handle the payout to the Host.
4.10.3. Spotly IVS do not charge a Fee for creating Listings or for using any other features, but Spotly IVS may do so in the future, or if the Listings is done through VAKANT.
4.10.4. When the Renter receives a Booking confirmation from the Host, the Renter has 96 hours, equalling 4 days, to provide their payment details, and thereby confirm they are Booking the Spot.
4.10.5. Spotly IVS collects the payment information, and will withdraw the amount due 35 days before the Lease period begins. If the Lease period begins 35 days, or less, from the time the booking is confirmed by the Host, Spotly IVS will withdraw the amount due immediately.
4.10.6. If there is a problem with the payment information the Renter has provided, Spotly IVS will contact the Renter directly.
4.10.7. If there is a recurring problem with the payment information the Renter has provided, the Booking will be cancelled.
4.10.8. It is the Host's responsibility, that Spotly IVS at all times, have the correct Bank information to process the payout deriving from Bookings via Spotly.co.
4.11. Pricing
4.11.1. All prices at Spotly.co is showed excluding VAT. Once the Spot is listed, the price included VAT will be made visible.
4.11.2. All Hosts are responsible for setting their own price. The price should include all Services the Host is offering on the Spot.
4.11.3. The Hosts are free to set weekly or monthly discounts on the Spot.
4.11.4. The Host is free to change the price of the Spot, included all Services they want to provide. If the Host wants to change the price, they need to contact Spotly IVS at hi@spotly.co.
4.11.5. The price for renting a Spot is fixed, meaning price changes does not apply to accepted Booking requests, or pending Booking requests.
4.11.6. When a Renter places a booking, and the Host want to include extra Services on the Spot, the price of the Booking cannot be changed by the Host without contacting Spotly IVS.
4.12. Deposit
4.12.1. The Host is free to claim a Deposit for leasing out a Spot.
4.12.2. If the Host claims a Deposit, the Deposit is due 35 days before the Lease period begins.
4.12.3. Spotly IVS can manually claim the Deposit associated with a Booking on behalf of the Host, and will repay the Deposit to the Renter, 3 business days after the Lease period has ended.
4.13. Booking Fees
4.13.1. The Booking Fees payable will be displayed to a Renter before he or she send a booking request.
4.13.2. The Service Fees for Hosts is 20 % of the total amount for renting a Spot.
4.13.3. The Service Fees for Renters is 10 % of the total amount for renting a Spot.
4.13.4. Through VAKANT own Service Fees might apply.
4.14. Taxes
4.14.1. It is the Host and Renters own responsibility to ensure that Taxes associated with leasing or renting out a Spot is being paid to the respective authorities.
4.15. Cancellation
4.15.1. It is free for both Renters and Hosts to cancel the Booking up to 30 days before the planned Lease period begins.
4.15.2. If Host or Renter cancel the Booking, they must get in touch with Spotly IVS.
4.15.3. If the Host cancel the Booking 30 days or less before the planned Lease period begins, the Host is liable to pay compensation to the Renter, equalling 50 % of the total lease price and minimum € 100. The compensation payout claiming and payout will be handled by Spotly IVS.
4.15.4. If the Renter cancel the Booking 30 days or less before the planned Lease period begins, the Renter still need to pay the amount for Renting the Spot in full. The amount that has already been withdrawn from the Renters credit card, will not be returned.
4.16. Insurance
4.16.1. All Hosts using Spotly IVS’s Services, who have their Spaces listed at Spotly.co, are obliged to be covered by basic insurance covering fire and theft outside of opening hours.
4.16.2. It is the Hosts own responsibility to have the necessary insurance associated with Hosting a Pop-up. The Host is at all times responsible to keep up to date on which insurance conditions that apply.
4.16.3. It is the Renters responsibility to have the necessary insurance associated with the Pop-up. The Renter is at all times responsible to keep up to date on which insurance conditions that apply.
4.16.4. If the End-user is an Event Organizer (such as market or festival organizer), the End-user is obliged to have an additional “Event Organizer” coverage when listing a Spot at Spotly.co.
4.17. Renting a Spot
The following terms for Renting a Spot is valid for any End-user that enter into an Agreement to lease a Spot through Spotly.co or Spotly IVS, unless other terms have been agreed upon between the En-users, and can be presented in writing to Spotly IVS.
4.17.1. The rented Spot is the square meters presented by the Host in the Listing.
4.17.2. All leases include the following, unless other is clearly stated by the Host in the listing:
4.17.2.1. Water, electricity and heat.
4.17.2.1. All Amenities Listed by the Host.
4.17.3. The lease is time limited, and comes into force when the lease period begins (Pop-in date).
4.17.4. The Host is free to provide access to the Spot prior to the Pop-in date.
4.17.5. The agreement between a Host and a Renter, is non-terminable during the period, and the Agreement between a Host and a Renter terminates without further notice at the expiry of the time-limited period (Pop-out date).
4.17.6. The Rent, and potential Deposit, is prepaid.
4.17.7. The Spot is taken over as is, and is used freely with the exceptions stated by the Host in the Listing or in other Agreement.
4.17.8. The Renter is obliged to become familiar with the premises condition and installations/facilities at the Pop-in date.
4.17.9. The Renter has prior to the conclusion of the Agreement with the Host, submitted a presentation of the intentional use, and may not use the Space or Spot in any other way, unless this has separately been agreed with the Host and can be presented in writing to Spotly IVS.
4.17.10. The Renter is responsible for decorating the Spot. Unless otherwise agreed in writing with the Host, the Renter is unauthorized to make changes to the Spot or the Spot’s installations, herein painting or drilling holes.
4.17.11. It is the Renters responsibility to uncover how many people the Space is approved for. It is also the Renters responsibility to obtain necessary approvals from local authorities.
4.17.12. It is not allowed to Host a party in the Space or Spot, and violation thereof will be considered a material breach, and will lead to the immediate termination of the Agreement with the Host.
4.17.13. Smoking is not allowed in any Spaces or Spots. There must be no alcohol or drugs in the Space or Spot, unless this is separately agreed with the Host.
4.17.14. The Spot must be cleared and any waste removed before 11 p.m. on the last day of the Lease period.
4.17.15. The Renter is responsible for the disposal of waste if the Space does not have a waste disposal.
4.17.16. If the Host has not indicated that cleaning is included in the lease, expenses for subsequent cleaning or waste disposal, the Host can claim an extra Fee from the Renter.
4.17.17. The Renter must not leave the use of the Space or Spot to any third-parties without written Agreement with the Host.
4.17.18. If the Renter is using the Spot in person, the Host will as a standard hand over one set of keys, which should be returned to the Host within latest 1 business day after the lease has ended. In case of no return of keys, the Host is free to charge the Renter will be charged for re-encryption of locks and new keys.
4.17.19. The Renter is responsible for any damage to the Space or Spot, as well as faults or defects in connection with any changes that have been caused by the Renter or persons that the Renter gives access to the Space or Spot.
4.17.20. The Renter accepts that the Host may claim compensation directly against the Renter as a result of Breach of any Agreement the have entered into.

5. Privacy Policy

Our Privacy Policy explains more specifically what information Spotly and its Affiliates collect about you and why, what we may do with that information and how we handle yours. If you do not agree to any part of this Privacy Policy, then we cannot provide our Services to you, and you should stop accessing Spotly.co and deactivate your Spotly.co account. By accepting these Terms of Service, all End-users of Spotly.co also accepts the last available Privacy Policy. The Privacy Policy can be found here.

6. Copyright Policy

This website and it’s content is copyright of Spotly IVS. All rights reserved. Any redistribution or reproduction of part of or all of the content is prohibited. You may copy the content to individual third parties for their own personal use, but only if you acknowledge Spotly.co or Spotly IVS as the source of the material. You may not, except with our direct written approval, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website.

7. Suspension, Termination and Spotly.co Account Cancellation

7.1. Modification or deletion of information held by Spotly IVS, e.g. from Spotly.co, and unlisting of a Space is made in writing to Spotly IVS, with a request to change or delete information or unlist the Space or Spaces.
7.2. Upon receipt of a written request to this effect from an End-user, Spotly IVS will contact the End-user by telephone to confirm that the information is wanted to be changed, that the information is wanted or that the Space is being unlisted. If the request is confirmed, Spotly IVS will then take the requested actions as soon as possible.
7.3. End-users that have had a contractual breach with another End-user, will unless valid reason provided in writing to Spotly IVS, will be suspended from using the Services provided by Spotly IVS and their Spotly.co account will be cancelled.

8. Limitation of Liability

8.1. Spotly IVS assumes no responsibility for any defects in services supplied by a Host or Affiliate. It is the End-user's sole responsibility to object to the Host or the Affiliate if the delivered does not comply with the agreement.
8.2. It is the responsibility of the Host to be covered by relevant insurance and similar collateral that may be required by Danish law for the rental and rental of the rented property, as well as for equipment stored in Spaces which is listed on Spotly.co.
8.3. Spotly IVS recommends that the Host and the Affiliate take out appropriate insurance(s) for the Space rented and items in the Pop-up. Any dispute in this respect, between the Host or the Affiliate and the End-user, does not concern Spotly IVS.
8.4. Spotly IVS is not liable for damages, directly or indirectly, arising from the use of Spotly's services, including Spotly.co, additional Services or matters arising out of a contract between the Host or the Affiliate and the Renter.
8.5. Spotly IVS’s liability is in all cases limited to Spotly IVS's liability insurance coverage.
8.6. The End-user is obliged to comply with applicable Danish law. Spotly IVS reserves the right, in its sole discretion, to delete profiles that are inaccurate or which may be considered offensive c.f. 3.5.
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