The terms and conditions hereunder (the “Terms and Conditions”) govern the offer of web-based services by e.FM S.p.A., a public limited company incorpo-rated under the laws of Italy, with registered office in Rome at via Laurentina no. 455, VAT number 06807661001 (“e.FM”).
For purposes of these Terms and Conditions, the words hereunder shall have the meaning ascribed thereto in this section:
“Advertiser”: means any individual or legal entity displaying Properties’ adverts on the Platform;
“Booking”: has the meaning referred to under section 6 of these Terms and Conditions;
“MYSPOT pass”: has the meaning referred to under section 11 of these Terms and Conditions;
“Platform”: means the online platform held by e.FM at the following web address: myspothub.com;
“Property”: means any co-working space, office, work station o building whatsoever advertised on the Platform;
“Ranking System”: has the meaning referred to under section 5 of these Terms and Conditions;
“Services”: means the Platform and all other web-based services offered by e.FM in connection there-with, including access to Properties’ adverts, online reservations and payments as well as MYSPOT pass;
“Subscription Fee”: has the meaning referred to un-der section 11 of these Terms and Conditions;
“User”: means any individual or legal entity entering the Platform and using the Services.
Where the context so allows, any words above used in the singular shall be deemed to include the plural and vice-versa.
3. Terms of Services
Users are granted a limited, non-exclusive, non-transferable right to use the Service. The Services provide an interface in the transactions between Users and Advertisers and the relevant use is restricted to Users of age only. Minors may only use the Services under the supervision of an adult. Any agreement between Users and Advertisers, in-cluding those on Properties’ use and terms of access, does not concern e.FM and falls outside the scope of these Terms and Conditions. e.FM provides no warranty whatsoever as regards the goodness or the outcome of any such agree-ments, so that no request for refund, compensation or repair whatever the reason can be brought against e.FM. Any complaints or claims in respect of the Properties (including those related to price and policy) shall be dealt with by the Advertisers, without any liability attributable to e.FM.
4. Properties Information
All Properties’ information disclosed on the Platform, if any (including but not limited to information on Prop-erties’ rates, fees, prices, availability, characteristics and policies) is delivered by the Advertisers, which remain responsible at all times for the relevant accu-racy, lawfulness and update. All Properties’ characteristics and technical specifica-tions published on the Platform shall be deemed known by the Users. e.FM is not responsible for the Properties’ use and suitability and makes no representations or warranties of any kind in this respect. Any information, description or specification laid down in the Platform, or any other promotional or illustrative material provided for by e.FM or the Adver-tisers, shall be deemed as purely indicative. While e.FM shall use all reasonable care to ensure that Properties information is accurate, it shall not be held responsible for any inaccurate, misleading or untrue information.
While the Platform does not constitute, and shall not be regarded as, a recommendation or an endorse-ment of any Advertiser or Property whatsoever, priori-ty might be given to specific Properties or Advertisers based upon an ever-evolving and algorithm-related ranking system aimed at matching Properties and Users’ preferences (the “Ranking System”). The Ranking System shall be designed in such a way as to scrutinize a multitude of criteria and may pro-duce different results depending on Users’ choices, locations and past browsing activities, as well as Properties’ popularity among Users, relevant customer service history (including the number and type of Users complaints) and certain booking-related data (e.g. number of bookings, cancellations, conversion rate, overbookings, availability, etc.).
A guided procedure is available on the Platform in order to enable the possibility to book one or more Properties (the “Booking”). For purposes of the Booking, Users shall sign up online by truthfully entering their name, e-mail address as well as user name and password of choice. Registra-tion through social media may also be allowed. Users are required to treat their login information con-fidential and shall be held liable for any and all activ-ities pursued through their accounts. When signing in, Users shall make sure that all data provided are correct and complete. Should the data provided change, Users shall modify the information accordingly, without delay. While wrong data may hinder the Booking, e.FM shall not be responsible or liable for - and shall be under no obligation to verify - any wrong or misspelled infor-mation, including but not limited to email addresses, phone numbers or credit card numbers. Any failure to use an account for more than one (1) year may result in its permanent deletion.
7. Processing of Requests
Booking confirmations shall be sent to the Users via email or through the Advertisers’ automatic confirma-tion system which might be available on the Platform. Should the Users fail to receive a confirmation within 24 hours from their Booking, a communication shall be sent according to the provisions under section 20 of these Terms and Conditions. e.FM shall not be obliged to process Bookings and cannot guarantee that Bookings, requests or com-munications are duly and timely received, executed or accepted by the Advertisers. Bookings acceptance is subject to Properties’ avail-ability and left to the discretion of the Advertisers, without any liability whatsoever attributable to e.FM. Shouldn’t a Booking be accepted or processed by e.FM, nothing shall be due to the Users by way of reimbursement, compensation for damages or in-demnity whatsoever, except for the case of fraud or gross negligence of e.FM.
8. Booking Costs
Properties may have different prices depending on their characteristics. Prices are provided for by the Advertisers and are displayed on the Platform inclusive of VAT, taxes and duties, as well as the fees due to e.FM for the provi-sions of Services. Fees due to e.FM are entirely borne by the Advertisers and may vary depending on the Properties’ charac-teristics. Prices are displayed per person or group and shall be subject to validity or expiration, as indicated on the Platform, if applicable. Further fees and taxes may be charged by the Ad-vertisers, also in the event of a no-show or cancella-tion. Cheaper rates may be available on the Platform for a specific stay, Property or period of time and subject to special restrictions or conditions, such as non-cancellation and non-refundable options. Properties’ details and prices shall be thoroughly scrutinized by the Users prior to making any Booking. e.FM and the Advertisers shall be entitled to make all changes to the Properties’ prices and costs, as they deem fit, at any moment in time and without any notice. It is understood that e.FM shall not be liable for any inaccuracies in the prices nor any typographical or transcription errors.
All fees and costs envisaged under these Terms and Conditions shall be paid by credit card or through any other means of payment allowed on the Plat-form. e.FM reserves the right to apply limitations to payment methods for security purposes or any other reason whatsoever. Users may be requested to provide a payment method when signing in, or upon Booking, and may be granted the possibility to change their billing and payment information according to the procedures envisaged on the Platform. By providing a payment method, Users represent and warrant that:
a) they are authorized to use the payment method provided;
b) they are informed that Advertisers may require upfront payments and that their methods of payment may be pre-authorised or charged for the Booking without any option for refund;
c) they are informed that the price agreed upon may be debited in advance, when accessing the Property, shortly after the Booking, or on a re-curring basis, as the case might be.
The payment of the agreed price is deemed to be made when the relevant sums are at the Advertisers’ disposal. It is understood that any expenses or bank commis-sions due to the payment shall be borne by the Users. In case of non-payments or late payments of a part or the entire agreed consideration, the Advertisers shall be entitled to charge interests on the outstand-ing amount without prior reminder. Such an interest shall run from the day after the expiry of the term of payment until the day when the Ad-vertisers receive the actual payment of the entire amount due. Advertisers’ right to such an interest shall be in addi-tion to, and not in lieu of, any other rights or remedies which may arise from, or by reason of, said non-payments or late payments. In the event of non-payments or late payments, e.FM shall be entitled to suspend the provision of Services or the access to the Platform and make them condi-tional upon the payment of all or part of the amount due or upon the issuance of adequate guarantees. With respect to the payments due under these Terms and Conditions, a general principle similar to the estoppel principle (solve et repete) applies. The Users shall never be entitled to retain or offset the amounts due to the Advertisers on the grounds of any claim against the Advertisers or e.FM, whatever the reason. Users are requested to check Properties’ details thor-oughly prior to making any Booking and shall hold e.FM harmless from any claim in connection thereof.
Invoices hereunder may be automatically issued upon Booking or delivered by the Advertisers at a later stage. Delivery times and methods are chosen by the Ad-vertisers at their own discretion and may require the display of proper identification documents and proofs of payment.
11. MYSPOT pass
e.FM does not (re)sell, rent out, offer or grant use over any of the Properties and declines any and all liabili-ties arising out in connection therewith. However, a service is offered by e.FM whereby Users can access Properties on a subscription basis (“MYSPOT pass”). Through MYSPOT pass, Users may pay a subscription fee on a monthly or annual basis (the “Subscription Fee”), and be entitled to access a number of Proper-ties at a discounted price for a certain period of time, subject to Properties’ availability. Users acknowledge that MYSPOT pass is a non-cancellable and non-returnable option and accept that Subscription Fees be charged in advance of the applicable subscription period. Upon expiry of the selected subscription period, Users may be automatically signed up and billed for an additional subscription term, unless MYSPOT pass is terminated in writing prior to the end of the relevant period, according to the provisions under section 20 of these Terms and Conditions. Should the Subscription Fees return unpaid, e.FM shall be entitled to terminate MYSPOT pass without notice.
12. Refund Policy
Unless otherwise provided for herein or by law, all payments, including MYSPOT pass purchases, shall be final and non-refundable. Should Users be charged in error, a communication shall be sent to that effect within 30 days from the charge, according to the provisions under section 20 of these Terms and Conditions. No refunds shall be given for any charges more than 30 days old. e.FM reserves the right to issue refunds at its sole discre-tion, it being understood that the refund policy re-ferred to herein shall not affect any statutory rights which may apply.
Users may terminate the Services referred to hereun-der in writing according to the provisions under sec-tion 20 of these Terms and Conditions. Users are informed that upon cancellation:
a) they may not receive a refund;
b) they may be obligated to pay cancellation charges;
c) they may be obligated to pay all charges made to their billing account before cancellation;
d) they may lose access to and use of their account.
14. Users Liability and Communications
The Services may allow Users to chat and send mes-sages to others, and/or allow e.FM to send such mes-sages on Users’ behalf. While using the Platform, Users shall not under any circumstances harass or make mischief against other Users or Advertisers. Users undertake to use the contact details indicated in the Platform, and use the chat which may be available thereupon, for purposes of interacting and exchanging information with the Advertisers only, and commit to hold e.FM harmless from any damage, loss, expense or request which may result from their behaviour. Users further undertake not to exchange messages inciting hatred and racial discrimination or illicit, vul-gar, defamatory or offensive material, nor any other material whatsoever which may jeopardize the rights of others, including e.FM intellectual property rights. e.FM declines any liability or responsibility for any communication made through the Platform. It is understood that Users cannot derive any rights against e.FM from any request to - or any communi-cation with - the Advertisers. Moreover, should Users send, post, or otherwise pro-vide e.FM or the Advertisers with any comments, content or other materials, such materials shall be treated as non-confidential and non-proprietary. By posting such materials, Users represent to e.FM and the Advertisers that they own the materials. Never-theless, while Users retain ownership over the materials they post, they shall grant e.FM a royalty-free, irrevo-cable, non-exclusive license (with rights to sublicense) to use and commercialize any ideas, concepts or know-how contained in such materials. e.FM shall have no obligation of any kind with re-spect to such materials and will be free to copy, use, modify and distribute the materials to others, without limitation.
15. Licenses and Authorizations
Users must obtain, at their own care and expense, all needed licenses and authorizations which might be required by the law in order to access the Platform and use the Services.
16. Limitation of Liability
In addition to the other limitations set out in these Terms and Conditions, e.FM’s liability, whatever the title, shall be expressively limited to the cases of inten-tional misconduct or gross negligence and up to an aggregate amount equal to cost of the Booking or MYSPOT pass purchase. e.FM declines any and all liabilities for any damages, losses or costs suffered or incurred by the Users (i) pur-suant to, arising out of, or in connection with the use, the inability to use or the delay of the Platform, or (ii) due to acts, errors, breaches, negligence, wilful mis-conduct, omissions, non-performance, misrepresenta-tions, tort or strict liability of the Advertisers, including any cancellation or overbooking.
17. Limits to the Provision of Services
e.FM reserves the right to modify, suspend or interrupt, in whole or in part, the provision of Services, including MYSPOT pass, at any time, without any notice.
18. Force Majeure
e.FM shall not be liable for any failure to comply with its contractual obligations hereunder, neither shall be required to pay the damages, whenever such a failure is due to causes of force majeure (for example, without limitation, strikes, armed conflicts, interference of military and civil authorities, acts of terrorism, riots, disorders, sabotage, natural disasters, embargoes, fires including arson, unusual or unexpected price increases, power cuts, Properties unavailability), that is to say events outside of its control which go beyond the limits of predictability and control reasonably attributable to e.FM. Whenever the provision of Services is made impossible or more burdensome for e.FM by an event of force majeure, e.FM shall be entitled to suspend the fulfil-ment of its own contractual obligations for the entire duration of the event, without any reimbursement being due to the Users.
All notices or communications made according to or in connection with these Terms and Conditions shall be in Italian or English and will be deemed duly given when delivered by hand, email or registered mail at the following addresses or such other addresses as e.FM may notify on its website: e.FM - Via Laurentina no. 455 - 00142 Roma - FAO - Daniele Di Fausto - email: firstname.lastname@example.org .
Any failure of e.FM to exercise the rights provided for in these Terms and Condition, as well as any partial exercise thereof, shall not constitute an acquiescence neither a waiver of those rights. Any invalidity of, or failure to implement, all or some of the clauses of the Terms and Conditions shall not affect the other provisions therein. The English version of these Terms and Conditions, regardless of any translation thereof, shall be the only authentic wording for interpretation purposes.
22. Applicable Law and Jurisdiction
These Terms and Conditions are governed by Italian law. The Users agree that any disputes related to the in-terpretation and/or the execution of these Terms Conditions or however arising out of, or related to, the use of the Platform or the Services shall be devoted exclusively to the Courts of Rome.
Our privacy policies are currently available only in Italian at the following link: click here!. Our lawyers are working on the English translation. We apologize for the inconvenience.