TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us, firstname.lastname@example.org
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).
2. We are My Work Booth Limited a company registered in England and Wales under number 11539030 whose registered office is at 1 Park Road, Hampton Wick, Kingston Upon Thames, KT1 4AS with email address email@example.com; (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Booth means a private work space which can be booked and paid for on a per usage basis in blocks of 15 minutes;
9. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
10. Services means the services, including any Goods, of the number and description set out in the Order.
11. MWB App means The MyWorkBooth Application
12. Website means our website www.myworkbooth.co.uk on which the Services are advertised.
13. The Services comprise mobile applications and related services which allows users to hire private, sound poof booths in public places and pay on a usage basis. The service is based on the MWB app, through which a user can book, pay and access the booth.
14. The description of the Services as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of Booths.
15. All Services are subject to availability.
16. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
17. Subject to your compliance with these Terms, My Work Booth Limited grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by My Work Booth Limited.
18. You can cancel your booking to receive a full refund within 24 hours of the booking start time. If you cancel your booking after this time no refund will be issued. Refunds will be automatically made to the card used for payment. Refunds take up to 15 working days to appear on your credit or debit card.
19. The user can open the MyWorkBooth door via his/her mobile ‘phone. The user must hold their ‘phone up to the handle of the booth. It can take up to 25 seconds for the door to open once the user has clicked on “open door”.
20. You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
21. Exiting the Booth. You must leave the booth promptly after your booking has finished and close the door fully. This allows the calendar of bookings to run smoothly. By closing the door fully, it ensures that only users who have paid to the use the Services have access to the Booth. Please do not hold the door open for the next person; he or she must open the door with the MWB App.
22. Personal belongings. You must take personal belongings with you when you leave the Booth. If you need to leave the Booth during your booking, we recommend that you take your personal belongings with you. You must close the door and take your phone with you as you will only be able to get back in with your phone. From the inside, the door opens without your phone.
23. Usage. Booths are intended to be used as an office on the go, and used for meetings, calls, interviews, quiet work, video calls. They are not to be used for any illegal purpose. MyWorkBooth reserves the right to ban users who break this rule and to prosecute where necessary.
24. Damages. Users are responsible for any damage that occurs to a MyWorkBooth Booth during their booking.
25. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
26. When registering to use the MWB App you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
28. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
29. The description of the Services in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
30. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
31. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
32. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
33. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
34. The fees (Fees) for the Services is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
35. Fees and charges include VAT at the rate applicable at the time of the Order.
36. Payment for Services must be made in advance of usage. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
37. Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
39. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
40. We are a Data Controller of the Personal Data we Process in providing the Services to you.
41. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
42. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org.
Circumstances beyond the control of either party
43. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
44. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
45. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
46. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.