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Terms & Conditions

Terms and Conditions

Please read these terms (and related links) as they contain important information regarding your legal rights, remedies and obligations and how you may make use of our website www.fillit.ie. By using our site, you indicate that you have accepted these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.


About Us

Fillit Limited is registered in Ireland under company number 572284. We have our registered office at Pottery House, Pottery Road, Dun Laoghaire, Co. Dublin, Ireland.


How We Work

Fillit is an online platform that connects people who have empty space with people looking for temporary space for events, pop-ups, shared retail etc. Letting arrangements are made directly between ‘Landlords’ and 'Tenants' with Fillit acting as a facilitator to collect agreed funds from 'Tenants' on behalf of 'Landlords'.


'Landlords'

A 'Landlord' is any user who manages a space/s on Fillit.

Fillit is not responsible for the conduct of any prospective 'Tenant' during the negotiations of any Tenancy Agreement. 'Landlords' accept that any decision to let a property to a particular 'Tenant' is made solely by the 'Landlord' without any representation, warranty or statement made by Fillit. 'Landlords' making their properties available through www.fillit.ie agree that Fillit will act as a third party agency to process the payment and hold it in escrow until the first day of the event has taken place in their space. Fillit has no obligations to 'Landlords' to reinstate or repair, any properties let by 'Landlords' at the end of any tenancy agreement. 'Landlords' understand and agree that they are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Fillit cannot and does not offer Tax-related advice.


'Tenants'

A 'Tentant is any user who expresses interest in a space on Fillit. Interest can include; 'Enquiries', 'Requests' or browsing the site.

f you are a potential 'Tenant', when you have identified a property on Fillit which meets your requirements you submit an enquiry to the 'Landlord' via the Website. The 'Landlord' will then promptly respond, either accepting your enquiry or declining it. If the offer is accepted you will enter into an agreement with the 'Landlord' either on the template terms or specific terms advised by the 'Landlord'. 

By using the website to access the database of available properties 'Tenants' agree that they shall not make rental payments in respect of properties they have found on the website directly to the 'Landlord' other than with the prior written agreement of Fillit. 'Tenants' must comply with the terms of their agreement with the 'Landlord', including any special terms or requirements that may be specified by the 'Landlord'. 'Tenants' are responsible for insurance against risks normally borne by occupiers of retail premises or otherwise specified by the 'Landlord'. If a 'Tenant' has any doubt about what insurance is required they should consult their own insurers or insurance brokers. Fillit is happy to link 'Tenants' with our partner agency to arrange temporary event/retail insurance. 'Tenants' are responsible for satisfying themselves that a listed property fits their requirements, both as regards the specific features and facilities at the property and as regards the location. Fillit does not warrant or represent listed by 'Landlords' are of suitable condition to be let or that 'Landlords' have the right to enter into rental contracts in respect of the properties listed by 'Landlords' and to receive rental payments in respect of the properties. 'Landlords' are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on the Website. Fillit disclaims all liability for the legality, accuracy or completeness of any rental offers or content posted by 'Landlords' and in respect of any proposed rental contract that fails to complete for any reason whatsoever. Rental contracts are made exclusively between 'Landlords' and 'Tenants'. Fillit is not a party to any rental contract, or negotiation to any rental contract, and does not fulfil any obligations derived from the contractual relationship between 'Landlords' and 'Tenants'. Fillit does not make or accept any offers, either in its own capacity or on behalf of either 'Landlords' or 'Tenants' or any other party. Fillit disclaims all liability arising from or related to any rental contract to the fullest extent permitted by law. 'Tenants' must ensure that Fire and Safety standards are maintained at all times. Equipment, furniture or storage must never block or impede access or egress from the building. Fire exits and equipment must be kept clear and available at all times. 

'Tenants' must accept the licence contract and process their payment for a space within 72 hours of receiving the offer from the 'Landlord'.


General Terms

Fillit does not at any time provide, or purport to provide, any advice, or advisory services, to 'Landlords', 'Tenants' or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any rental agreement. Fillit disclaims all liability relating to the provision of advice relating to the property. 'Landlords' and 'Tenants' accept that Fillit’s role is limited to no more than that of a facilitator. Fillit reserves the right at its sole discretion to remove listings from the Website, illegal, inaccurate or misleading content, including anything that in its opinion is injurious to Fillit’s goodwill or goodwill attaching to the Website, without notice. Fillit reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post a notification on the Site or via the Application or otherwise provide you with notice of the update in the "Last Updated Date" section at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.


Cancellation Policy

Fillit allows 'Landlords' to choose one of five standardised cancellation policies from ‘Relaxed’ to ‘Strict’ when a space is listed (this selection can be changed at any time). The ‘Strict’ cancellation policy allows 'Tenants' to get a full refund 60 days before the booking date and 50% 30 days prior to the requested booking date, ‘Somewhat Strict’ allows 'Tenants' to cancel for a refund 30 days prior to the requested booking date, ‘Regular’ policy allows a full refund if the 'Tenant' cancels 30 days prior to the booking date and 50% and 7 days prior to the requested booking date, ‘Somewhat Flexible’ allows 'Tenants' to cancel up to 7 days before the requested booking date and ‘Flexible’ allows a full refund up to 48 hours prior to the requested the booking date. Each listing will clearly state the cancellation policy, 'Tenants' are responsible for making themselves familiar with the 'Landlords' selection. Fillit fees are non-refundable. However, if a 'Landlord' cancels after the cancellation period expires, and the 'Tenant' chooses to be refunded, the full amount plus Fillit service fee is refunded. As a consequence of this breach of contract, 'Landlords' may be liable at the discretion of the 'Tenant', for damages or costs incurred as a direct result of the cancellation. 

Since cancellations by a 'Landlord' can impact confidence in the platform, after three cancellations in one year, the listing will be suspended until an internal review is conducted. Extenuating circumstances will be considered on a case by case basis.


Payment

Once the 'Landlord' accepts the enquiry and sends back the Licence agreement, the 'Tenant' has 72 hours to accept the agreement and enter their credit card details to hold the space. If the event goes ahead, payment will be automatically processed 48 hours after the 'Landlords' cancellation period expires. Payment will be held in escrow until the first day of the event takes place, after which the Fillit service fee (15%) will be deducted, and the rental fee will be transferred to the 'Landlord's' bank account within 3-4 days.


Eligibility

Fillit makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of the Website and the introduction of any prospective 'Tenant' to 'Landlord'.


Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. 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, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.


Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, 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 site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

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/bloggers) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If Fillit covers the cost of the professional photographer to capture your space, Fillit retains the rights to these images. 'Landlords' are free to use their own photos on the condition that the Fillit watermark is maintained and Fillit is credited. Images uploaded to Fillit must have no text or logos added. Photos must NOT be manipulated in any way. Fillit reserves the right to delete images upload to the site at any stage and with no warning. Constant misuse of Fillit image policy will result in written warnings and/or blocking from the site.


Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.


Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including: 

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss or corruption of data;

• loss of goodwill;

• wasted management or office time;

• whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


Information about you and your visits to our site

We keep information from the site that is relevant to listing and renting spaces. We process payment information using Stripe, one of the most comprehensive and secure payment platforms available online. To find out how your data is kept private and protected from fraud read more at https://stripe.com/help/security. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.


To see how we treat and store your personal data, please review our Privacy Policy.


Transactions concluded through our site

Rental transactions formed through our site or as a result of visits made by you are governed solely by the terms and conditions of the individual tenancy agreement agreed between the users of the site.


Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.


Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Misuse of the site also refers to soliciting for business to the 'Landlords' of the spaces listed on Fillit. The site may not be used to solicit business by attempting to sell something or ask for a donation. This will be classed as misuse of the site and will not be tolerated.


Linking to our site

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to support@fillit.ie


Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


Jurisdiction and applicable law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland.


Changes to the Terms and Conditions

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


Your Concerns

If you have any concerns about material which appears on our site, please contact support@fillit.ie


Last Updated on 11:30 31/07/2017







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