Terms of Service

 

  1. Introduction

 

SpiceRaQ Incorporated  (“SpiceRaQ Inc.”, “we”, “us”, or “our”) provides an online platform (the “Service”) that connects hosts (“Host”, “you” or “your” as appropriate) who list part or all of their property (each a “Space”) for booking short periods of time by guests (“Guests”, “you” or “your” as appropriate).

SpiceRaQ is not a party to any agreements entered into between Hosts and Guests for facilitating use of a Space (a “Booking”);

SpiceRaQ has no control over any Booking made through the Website or takes any responsibility for such Booking.

 

SpiceRaQ Inc. has the right to change these terms and conditions within a reasonable time. Please refer to this section of the website periodically as these terms are subject to change.

 

  1. Definitions of other terms

 

In these the Terms of Service, the following words or expressions have the meanings set out opposite:

-  “Service Fee” means the fee agreed between a Host and a Guest for the use of the Space on a Booking;

-  “Booking Availability Period” means the time after a Booking Request has been submitted for a Space and before the Booking Request expires.

-  “Booking Request” means a request made by a Guest for a Booking;

-  “Service Misuse” means using the Website and/or Service to contract with a Host or Guest (as the case may be) in relation to the use of Space without completing such contract through the Website.

-  “Content” means text, graphics, images, electronic conversations or other materials;

-  “Effective Time” means the time when the Guest pays for the Booking.

-  "Cleaning Fee" means the fee charged to the Guest by the Host for cleaning the property after the Guest has checked out of the event space.  NOTE: This fee is optional (at the discretion of the Host).

-  “Fraud" means fraud, dishonesty and includes knowingly supplying incorrect information to SpiceRaQ and/or the Website, and knowingly benefiting from the Fraud or Misconduct of another user of the Website.

-  “Guest Fee” means the percentage of the Booking Fee charged by SpiceRaQ to the Guest as calculated by SpiceRaQ from time to time.

-  “Host Cancellation” has the meaning in the section of these Terms of Service on cancellations;

-  “Host Cancellation Charge” has the meaning in the section of these Terms of Service  on cancellations;

-  “Host Fee” means the percentage of the Booking Fee charged by SpiceRaQ to the Host as calculated by SpiceRaQ from time to time.

-  “List” means to make a Space available on the Website.

-  “Listing” means making a Space available on the Website;

-  “Misconduct” means:

a. failing to comply with these Terms of Service or any Terms of Use Agreement;

b. causing damage whilst using any Host’s property and/or Space(s);

c. behaving in an offensive manner to our staff or any Host or Guest;

d. misusing electronic communications, including the use of spam, automated software to collect data from the Website, offensive language or offensive content;

e. generating offensive, illicit or unlawful Content or data;

f. copying or storing Content or data taken from the Website;

g. infringing any rights of any other users of the Website;

h. using the Website to sell any goods or service other than offering Space(s) for usage by other users and the provision of any item connected with a Booking through the Website;

i. using the Website and/or Service in a manner that is not for the intended purpose of Hosts providing Guests with the use of their Space(s) for short periods of time as determined by SpiceRaQ in our absolute discretion; 

j. Service Misuse

-  “Photography Charge” has the meaning given in the section of these Terms of Service on photography;

-  “Promotion Credit” has the meaning given in the section of these Terms of Service on promotions;

-  “Tax” or “Taxes” mean any sales taxes, value added taxes, goods and services taxes, income tax or other taxes that may arise in relation to a Booking;

-  “Usage Agreement” means the agreement between a Host and a Guest for usage of a Space or Spaces in respect of a Booking and including standard terms with such other terms and conditions agreed between the parties at the time of confirming the Booking (including, but not included to the Booking Fee); and

-  “SpiceRaQ Content” means all Content that SpiceRaQ makes available through the Website.

-  “Your Content” means all Content published by you on the Website and/or supplied for publication through the Service.

 

When we use the words ‘electronic’ or ‘electronically’ in this agreement we mean any form of message made by any type of telecommunication, digital or information technology device (including the internet, digital television, email and text message).

 

  1. How the Website and Service works

 

These Terms of Service cover the use of the Website, together with our privacy policy.

 

By using the Website and/or any part of the Service you agree to these Terms of Service.

 

If you agree to these Terms of Service on behalf of a company or other legal entity you are representing and warranting to us that you have authority to bind such legal entity to these Terms and any reference to Host, Guest, you or your (as the case may be) will apply to that company or other legal entity, and you acknowledge that we are relying on such representation.

 

SpiceRaQ can be used to list and book residential property and/or Space for short term usage between Hosts and Guests. Such usage is made available by a Host (having registered as above) listing a Space with us or on the Website which will include, but not be limited to, the location, size, features, availability and Booking Fee for the usage of the Space(s). All users of the Website may view Listings as an unregistered visitor to the Website however, if a visitor wishes to book usage of a Space or Spaces, they must first register to create an account with SpiceRaQ, including satisfying SpiceRaQ and/or the the Host as to their identity.

 

The Website is a platform for Guests and Hosts to meet online and arrange for Bookings directly with each other through the Website. SpiceRaQ is not the owner or operator of properties and our role is to make the Website available, providing the Service and acting as a payment collection agent on behalf of Hosts. SpiceRaQ is not a party to any agreement between a Host and Guest for the usage of a Space or Spaces.

 

We accept no liability or responsibility for the accuracy of information provided on the Website by Hosts, and Hosts acknowledge and agree that they are responsible for any and all Content and their respective Listings. By making a Listing each Host represents that any Content and or Listing provided by them (i) will not breach any existing agreements entered into by the Host with any third parties, such as a lease or articles of association; and (ii) will be in compliance with relevant local laws. SpiceRaQ has no responsibility for Hosts complying with existing legal requirements as outlined above.

 

In order to deliver the Service (such as to confirm a Booking or verify your identity), we may contact you by telephone, electronically or post using the contact details provided by you (including any electronic address that we agree with you will be used to send you electronic communications). When we use the words ‘electronic’ or ‘electronically’ in this agreement we mean any form of message made by any type of telecommunication, digital or information technology device (including the internet, digital television, email and text message).

 

You must tell us if your name or contact details change. If you do not tell us, we will continue to use the details you last gave us, and we will not be responsible if we fail to contact you or if we send confidential information to the wrong address using out of date details.

 

We recommend that Hosts obtain appropriate insurance for their property before accepting Bookings. We encourage all Hosts to review any insurance policy that they may have for their property and ensure that they are adequately covered for Bookings.

 

 

  1. Registration

 

All Hosts and Guests who wish to use the Service are required to register for the Service by using the Website. In using the Service, you agree to provide us with current, accurate and complete information as part of your registration and you will update us of any changes to ensure such information remains current, accurate, and complete. We will create your SpiceRaQ account and a profile page for your use of the Website based upon the personal information you provide to us. You may not have more than one SpiceRaQ account and we reserve the right to terminate or suspend your account and deny you access to the Website should you create more than one account or in the event any information provided by you proves to be not current, inaccurate, or incomplete.

 

  1. Eligibility

 

Unless otherwise agreed, only persons who are 18 or older are eligible to use the Service and any access to or use of the Services by anyone under 18 is expressly prohibited. All Hosts and Guests using the Website and the Service represent and warrant that they are 18 or older.

 

  1. Property Responsibility

 

Responsibility for ensuring a property is appropriate for a Booking is at all times the responsibility of the respective Host. Each Host and Guest using the Service acknowledges that SpiceRaQ is not qualified to provide advice on health and safety or fire risk matters. Each Host is responsible for their property’s compliance with any Health & Safety regulations and/or other legal requirements.

Each Host also warrants that he or she has authority for their property to be let and/or licensed to Guests.

 

  1. Photography

 

As part of the Listing process, all Hosts will be required to post photographs of their Space or Spaces. All photographs relating to your property used on the SpiceRaQ website must reflect accurately the nature and extent of the Spaces available; ensuring the photographs are accurate is the responsibility of the respective Host.

In the event, you remove your Space(s) from the Website, we will store the photographs for 6 months in case you decide to re-list your Space(s). If you do not re-list your Space(s), we will delete the photos at this time. If you would like us to remove the photographs sooner, please let us know.

 

Consent to use of Photos – Own Upload - If you choose to upload your own personal images to the Website you are granting us a licence in all jurisdictions to use and publish the images to market your property and/or Space on our website and across our social media channels including Twitter, Facebook, Instagram and LinkedIn.

 

  1. Your Content

 

You acknowledge and agree that you are solely responsible for Your Content generated and published on the Website or directly to any users of the Website or the Service. SpiceRaQ reserves the right to remove or amend any Content generated by you and published on the Site.

You confirm that you are the sole owner of any information or Content posted by you and published to the Website. In providing Your Content for the use of the Service, you hereby grant to SpiceRaQ an irrevocable and non-exclusive worldwide licence for such content.

We are not liable for any loss arising in relation to any of Your Content. In the event that SpiceRaQ suffers any loss in relation to Your Content you are liable and indemnify SpiceRaQ in respect of such loss.

 

  1. Bookings, Fees and Payments

 

Hosts

 

If, as a Host, a booking is requested for your Space(s) through the Website you will be asked to approve or decline the Booking Request within the Booking Availability Period. If you choose to decline a Booking Request we will inform the Guest that there is no confirmed booking. If you do not confirm the Booking Request within the Booking Availability Period, the booking request may expire unless otherwise agreed. If you choose to confirm a Booking Request by a Guest, SpiceRaQ will confirm the Booking with you and request payment from the Guest for the Booking. The Usage Agreement will be binding from the Effective Time.

We will act as a payment collection agent of the Host for any Booking and will accept payments of the Booking Fee from Guests on behalf of the relevant Host. We will charge Hosts the Host Fee for any Booking made through the Website as consideration for providing the Service and the use of the Website. Within 2 business days following completion of the Booking and providing we have received payment details for the Host, we will transmit payment to the Host of the Booking Fee, less the Host Fee.

 

Guests

 

If you are a Guest and you choose to enter into a Booking, you agree and understand that you will be required to enter into a Usage Agreement with the Host in respect of that Booking and you agree to accept any terms, conditions, rules and restrictions associated with the Usage Agreement. You agree to pay the Booking Fee, together with any Guest Fee to SpiceRaQ (acting on behalf of the Host) at the Effective Time.

 

Payment Providers

 

Hosts and Guests will be required to provide their payment card details and/or bank account details to SpiceRaQ and/or a third party payment service provider retained by the Company (the “Payment Provider”) for payment for Bookings. This may require registering with the Payment Provider and agreeing to any terms of service of the Payment Provider.

In the event details are provided to the Payment Provider, please note that SpiceRaQ is not a party to any agreement between you and the Payment Provider.

 

  1. Cancellation

 

Guest Withdrawal

 

A Guest may withdraw a Booking Request at any time before the Effective Time and SpiceRaQ will cancel the Booking Request. Bookings cannot be cancelled by a Guest after the Effective Time other than with the consent of the Host. In the event of such cancellation (and regardless of whether or not the Host agrees to refund the Booking Fee to the Guest in the event of such cancellation), the Guest Fee on the Booking Fee will be payable to SpiceRaQ and will not be refunded to the Guest.

 

Host Cancellations

 

A Host may cancel a Booking up until the commencement of the Booking. If a Host cancels a Booking after the Effective Time (a Host Cancellation), SpiceRaQ will refund the Booking Fee and the Guest Fee to the Guest for such Booking within a commercially reasonable time of the cancellation. In the event of a Host Cancellation, the Host will be liable to SpiceRaQ for the Host Fee and Guest Fee (together the Host Cancellation Charge). The Host authorizes SpiceRaQ to set off any outstanding Host Cancellation Charge owed to SpiceRaQ from the proceeds of any subsequent successful Bookings.

 

SpiceRaQ Cancellations

 

In certain circumstances, SpiceRaQ may decide in its absolute discretion, that it is necessary to cancel a Booking (for example, but not in any way Incorporated to, reasons of security, criminal activity or following an event that is outside SpiceRaQ’s control). Guests and Hosts agree that SpiceRaQ will not have any liability for any such cancellation and neither Guest Fee nor Host Fee will be payable in the event of such a cancellation.

 

  1. Account Deactivation

 

We may terminate this agreement and deactivate your account without notice, and terminate your right to use the Website as a Host or a Guest in the event of:

-  inactivity of your account for a period of 2 years;

-  the death of a Host or a Guest;

-  any breach of these Terms of Service; or

-  if we reasonably believe that you have committed an act of Service Misuse, Fraud or Misconduct against us or any Host or Guest.

We may also terminate this agreement and deactivate your account if you request to receive communications from us in a manner or form that is not possible for us to deliver the Service to you.

 

  1. Indemnity

 

In the event of a deactivation for Service Misuse, Fraud or Misconduct, you shall be liable and indemnify us for any loss arising as a result of such Fraud, Service Misuse and/or Misconduct including but not limited to loss of revenue and/or profits, legal fees and other costs.

Where we have reasonable grounds for suspecting that you have engaged in Service Misuse, you shall be liable and indemnify us for the respective Host Fee or Guest Fee (as appropriate) as though the transaction had been made through the Website and we reserve the right to: (a) invoice you for the respective Host Fee or Guest Fee (as appropriate and with payment due within 14 days of the respective invoice being issued); or (b)  deduct such amount from any payment card we may hold from you.

 

  1. Tax

 

  • US Income Taxes

 

As a host, your earnings may be subject to US income taxes. To assist with US tax compliance, we may collect your taxpayer information. Even if you're not a US taxpayer, we may still require certain information from you.

To add new taxpayer information, go to your Payout Preferences and complete the appropriate form.

US persons (including domestic corporations) may fill out a Form W-9. At the end of January, we will provide hosts who've earned over $20,000 and had 200+ reservations with a Form 1099-K showing their reportable earnings from the previous year.

Non-US persons who have a US Taxpayer Identification Number (either a Social Security Number or Employer Identification Number) may fill out a Form W-8ECI. We'll provide hosts who submit a W-8ECI with a Form 1042-S showing any US sourced earnings from the previous year.

Non-US persons who do not have a US Taxpayer Identification Number may fill out a Form W-8BEN to certify their foreign status. SpiceRaQ is required to withhold 30% on all payouts from US listings hosted by non-US persons unless valid tax treaty benefits have been claimed. We'll provide hosts who have submitted a W-8BEN with a Form 1042-S showing any US sourced earnings from the previous year.

You can learn more about how the IRS classifies taxpayers for US tax purposes at irs.gov. If you're unsure of which form to submit, we encourage you to consult a tax professional who can clarify your tax status. If you've received a request to submit your taxpayer information and haven't provided it yet, we may be required to withhold a percentage of your earnings.

We expect all hosts to comply with the tax regulations in their area.

 

  1. Damage

 

Guests must leave any property and/or Space(s) used during a Booking in the condition as at the commencement of the Booking, and accept that they are responsible for any damage arising during the course of a Booking. Guests are also responsible for any damage caused by individuals who may be invited to the property and/or Space(s) during a Booking by the relevant Guest. Each Guest agrees to pay the cost of any damaged items including the cost of any replacement with an equivalent item. Upon being notified of a claim and given 72 hours to respond, the payment for such damage will be charged to and deducted from any payment card details held by SpiceRaQ and/or the Payment Provider. In the event that recovery is not possible for any reason, we will issue an invoice in respect of the damage with payment for such damage due within 14 days of the invoice being issued.

Guests and Hosts involved in a Booking agree to assist SpiceRaQ in good faith and take all reasonable action as may be requested by SpiceRaQ, in connection with any claims or complaints made by a Host and/or a Guest.

 

  1. Promotions

 

Promotion Credit

 

From time to time, we may offer to you vouchers, credit to your account and/or promotions (Promotion Credit). In order for you to benefit from any Promotion Credit and for the Promotion Credit to be valid you must follow the instructions provided with the details of the Promotion Credit. All Promotion Credit will be subject to these terms and conditions.

You may only use the Promotion Credit to reduce the value of Bookings made through the Service. Promotion Credit is not refundable or redeemable for cash or transferable. Promotion Credit has no financial value and, unless otherwise indicated, will expire 12 months from the date the Promotional Credit is added to your SpiceRaQ account.  A Promotion Credit (and any related code) may only be used once by its holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Promotion Credit may only be used through our Website and not through any other website or method of communication.

We reserve the right to withdraw or deactivate any Promotion Credit for any reason at any time and any questions relating to Promotion Credit will be determined by SpiceRaQ in our absolute discretion.

 

  1. Limitation of Liability

 

We are not liable for any loss arising in relation to a Booking. Any contractual, tortious or other liability relating to a Booking is between the relevant Host and Guest.

We will not be liable for any loss resulting from providing the Service, except for loss caused by our own negligence or willful misconduct. In the event that we are liable, the limit of our liability shall be the value of the relevant Booking.

We will not be liable in relation to a Host’s property including, but not limited to, any loss arising in connection with the safety, suitability or usage of the property.

 

  1. Mediation

 

Should a dispute arise between a Host and a Guest in relation to a Usage Agreement, the Host and Guest agree to use best endeavors to resolve such dispute and appoint us to mediate any dispute that arises. Any mediation undertaken by us shall be non-binding and you hereby release us from any and all liability in connection with such dispute and agree that we will not be liable or responsible in any way in respect of that dispute

 

  1. Insurance

 

 All agreements entered into between a Host(s) and/or Guest(s) made through the SpiceRaQ online platform shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, or death to any person or property.  Both the Host and Guest are fully responsible for entering into a Hold Harmless Clause before occupying any space. Both Hosts and Guests hereby covenants and agrees to indemnify, defend, save and hold harmless SpiceRaQ and its employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same. Contact info@spiceraq.com for further clarification. 

 

 

  1.  Hold Harmless

 

We recommend that Hosts obtain appropriate insurance for their property before accepting Bookings. We encourage all Hosts to review any insurance policy that they may have for their property and ensure that they are adequately covered for Bookings.

SpiceRaQ does NOT verify, audit, conduct or monitor a Host or Guests insurance coverage whatsoever.  Agreeing to use our service (SpiceRaQ) means no insurance amounts or funds will be distributed, allocated or shared to protect either the Host or Guest.  Each User is solely responsible for selecting, obtaining and understanding its required insurance and assuring that such insurance is adequate to protect the User.  SpiceRaQ is NOT responsible for any insurance coverage whatsoever for both (or either) a Host or Guest.