Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM
These terms tell you the rules for using our website www.find-mushroom.com and mobile app (the “platform”), a platform designed to allow individual hosts (the “Host” or “Hosts”) to offer rehearsal space for musicians (the “Guest” or “Guests”) in their homes or properties (“rehearsalspace” or
“premises”. Both Hosts and Guests and other individuals using our platform are interchangeably referred to as ‘users’.
Click on the links below to go straight to more information on each area:
WHO WE ARE AND HOW TO CONTACT US
The platform is owned and operated by Mushroom Online Platform Limited, a company is a corporation organised and existing under the laws of the United Kingdom, with its head office located at International House, 12 Constance Street, London, City of London, E16 2DQ, UK and with company registration number 11638470. To contact us, please email firstname.lastname@example.org
BY USING OUR PLATFORM YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our platform or the services offered through our platform.
For the avoidance of doubt, our platform is only available to be used by individuals who are aged 18 years old and above. Any other individuals may not open an account, access the platform, or use the services on their own. Individuals under the age of 18 years old may use access the rehearsal spaces so long as their booking is made by someone over the age of 18 who also must accompany them to the relevant premises.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- Our Privacy and Data Protection policy, which sets out information about how we use your data and our compliance with GDPR regulation.
- Our Acceptable Use policy, which sets out the acceptable usage of our platform.
WE MAY MAKE CHANGES TO THESE TERMS
We reserve the right to amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR PLATFORM
We may update and change our platform from time to time to reflect changes to our products, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR PLATFORM
Our platform is made available free of charge.. Bookings through our platform also incur charges which vary depending on time, location and type of space booked. Our current fees are as follows:
Booking service fee: each booking is subject to a 15% service charge calculated on the total booking price which is deducted from the booking amount that the Host receives in their account.
Overtime fees: in the situation that a Guest overstays there booking, the Host is responsible for setting out rules and ensuring the Guest leaves the premises in a timely manner. We do not charge overstaying fees at this time.
Damage fines: not applicable. Hosts are responsible for ensuring they have their own insurance in place. For more detail about Host liability, please see the section below entitled “OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU”.
We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
HOW YOU MAY USE MATERIAL ON OUR PLATFORM
We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others to content posted on our platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.
You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us.
DO NOT RELY ON INFORMATION ON THIS PLATFORM
Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This platform may include information and materials uploaded by other users of the platform. Although monitored, such content is not always approved by us.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- We exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our platform; or
- use of or reliance on any content displayed on our platform.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- Hosts renting space via our platform are expected to have their own insurance arrangements in place for the space rented and any instruments, equipment or furniture within such space. We are not responsible for any direct or indirect loss or damage to instruments, equipment and furniture incurred as a result of renting the space to a user found on our platform. We do not offer compensatory payments for damage and as a user of our services, you agree that you will take full responsibility of any loss incurred.
- Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, unless otherwise agreed between Host and Guest (for example, for the purposes of renting rehearsal space for music classes and tuition) and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Guests can make bookings for rehearsal spaces through our platform. Once a booking is made, it will be considered a confirmed booking when the Host confirms the booking. The transaction will be completed once the booked session takes place (or in the case of no-show without prior cancellation by the Guest in line with these terms and conditions). The booking allows you to enter the premises as advertised for the time period advertised to use the space for music rehearsal purposes only. No other activity is permitted through such bookings, including commercial use. You agree to vacate the premises at the time specific on your booking and leave the premises in a clean condition. You agree that you will not damage, destroy or cause any loss to the Host’s premises or any of the instruments, furniture or equipment within said premises. You agree to adhere to the reasonable instructions of the Host for the duration of your booking.
Guests must inform the Hosts of the following information (Guests accept that Hosts have the right to refuse the booking if they do not agree to any of the below):
How many individuals will be attending the premises during the booking.
If the Guest will be bringing any instruments/equipment.
If the booking is intended to be used for commercial teaching/tuition session.
Hosts may have their own individual restrictions for their premises. Guests must communicate beforehand in order to inform the Host of the above information so the Host can refuse the booking if necessary.
Hosts must apply for a listing on our platform to rent their space as a rehearsal room. Hosts are responsible for selecting the price of the hourly rental at a reasonable rate which adequately reflects the location, premises and services provided in their space. Hosts are responsible to select their own rates but the platform may intervene and suggest an amended rate if the initial rate is not representative of the space offered. Hosts agree they will take responsibility for the accuracy and detail of all listing information which includes accuracy of location, descriptions, images, measurements, condition and any other supplementary information about your rehearsal space and the instruments, equipment and furniture it contains. Hosts must ensure all instruments advertised are in a full working condition prior to the arrival of Guests. Host agree to provide the rehearsal space in a clean and hygienic condition. Hosts agree to allow free and uninterrupted use to Guests for the duration of their booking.
We have the right to remove any posting or listing you make on our platform and take any other proactive action reasonably necessary if, in our opinion, your post does not comply with our content standards or is later found to be inaccurate, false or mis-descriptive of the space or services actually provided.
Use of the platform is subject to our cancellation policy. We reserve the right to obtain and collect cancellation charges specified below in accordance with this cancellation policy.
- Guests and Hosts may cancel a confirmed booking within 30 days of the booking date ad time and receive a full refund, minus booking fees.
- Guests and Hosts may cancel a confirmed booking within 7 calendar days and receive a 50% refund minus booking fees.
- Any cancellations made by Guests or Hosts within 48 hours of a confirmed booking will not be subject to a refund and the Guest or Host agrees to fully forfeit the booking amount and booking fees in such cases.
- If the booking is not confirmed and is still showing as pending, it may be cancelled without any fees being incurred and a full refund will be issued.
Waiving fees, platform initiated cancellations and rescheduled bookings:
Cancellation fees may be waived if agreed by the Host, Guest and the platform. Guests and Hosts are encouraged to communicate openly in order to avoid cancellations and reschedule bookings if needed to avoid incurring fees.
In the rare situation that mushRoom needs to initiate a booking cancellation, we reserve the right to do this and will issue a refund to both parties in accordance with the terms above. Booking cancellations may occur in extenuating circumstances and we will always aim not to cancel bookings confirmed between Hosts and Guests.
Bookings may be rescheduled if mutually communicated and agreed between the Host and Guest. The rescheduled booking should be for the same duration as the original booking and communicated and rescheduled in accordance with the time frames provided above.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our mushRoom Privacy and Data Protection Policy.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.
You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.
RULES ABOUT LINKING TO OUR PLATFORM
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our platform in any website that is not owned by you.
Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.
We reserve the right to withdraw linking permission without notice.
GOVERNING LAW AND DISPUTES