fibodo TERMS OF USE - HOSTS
1. Information About Us
fibodo.com is a website operated by fibodo Limited ( we , us , our ). We are a company registered in England and Wales with company number 08904097 and have our registered office at 2a Quadrant Courtyard, Quadrant Way, Weybridge, Surrey, KT13 8DR.
2. Terms of Use
2.1 This page (together with the documents referred to on it) sets out the Terms of Use on which Hosts ( you , your or Host) may make use of fibodo.com and the fibodo mobile application (together with any other software, provided to you by, or on behalf of, us, including both local and remotely accessed software and any update and/or upgrade to any of them) (together and separately, the Site ), Please read these Terms of Use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Use, which include the privacy policy that applies to the Site (the Privacy Policy ) and that you agree to abide by them.
2.2 Your use of the Site is subject to your compliance with these Terms of Use. By using the Site, you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use in full (together with the documents referred to herein), you must not use the Site. A breach of these Terms of Use may result in your access to the Site, your account and the services provided thereunder being revoked.
2.3 We may update these Terms of Use from time to time, and you agree that you will be bound by the Terms of Use published using the Site when you use the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of such changes. If you do not agree to such changes, you should stop using the Site.
3. Age
3.1 To access and use the Site you must be:
3.1.1 16 years old or over; and
3.1.2 in possession of a suitable bank account.
3.2 If you do not satisfy the above eligibility requirements, you must not use the Site. By using the Site you represent that you comply with the above eligibility requirements.
4. Hosts and Host Services
4.1 Our Site provides a platform for activity providers (Hosts) to list and sell their services (Host Services) and for individuals, corporates, groups or families (Users) to book and pay for these services. Any agreement for the Host Services is between the Host and User only. We do not offer any services, including any Host Services, apart from the use of the site. Our service to you is the provision of access to the Site, any related customer support in relation to the Site, and to facilitate the booking and payment of Host Services only. Users and Hosts acknowledge and agree that we are not responsible for providing the Host Services.
4.2 Hosts are required to register with the Site in order to utilise our services. These Terms of Use shall apply to Hosts and a separate set of terms of use apply to Users.
4.3 In addition to receiving bookings and payments for Host Services, our Site provides three different subscription models as set out on the fibodo website, which provide Hosts with a customised level of functionality to suit their specific needs.
4.4 Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sub-licensable, revocable licence to use the Site for your business purposes (insofar as they relate to the Host Services) and only in accordance with these Terms of Use.
4.5 You agree that we may suspend access to the Site or close the Site indefinitely without notice.
4.6 We make no attempt to, and you agree that we have no responsibility to, confirm the identities of Users of the Site.
4.7 We reserve that right (in our sole discretion) to limit the number of Host Services or sessions that a Host can post at any time.
4.8 You agree that you will not use the Site for any purpose other than advertising and selling your Host Services, and related administration and client management.
4.9 Every host warrants that it has the necessary licences in place for the use of any commercial music used in their broadcasts. The host indemnifies fibodo against 3rd party claims for music copyright infringement on its broadcasts.
5. Account Security
5.1 Hosts will be responsible for all activities which occur under their account on the Site ( your account ). It is your responsibility to keep your account safe and secure. Please do not share the password to your account with anyone and always ensure that you log-off when not using the Site and ensure that devices which you use to access the Site are securely locked when not in your possession.
5.2 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms of Use. You may not use another person's account at any time without the express permission of the account holder.
5.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
6. Safety and Feedback
6.1 At all times when using our Site, we recommend exercising caution, particularly when messaging and meeting Users.
6.2 We maintain a feedback system on the Site (currently operated by the third party provider Trustpilot) which allows Users to give feedback about Hosts. However, we do not vet Users on the Site. You are responsible for ensuring your own safety when using our Site and for carrying out any safety checks or verifications in relation to Users.
6.3 You acknowledge that we are not responsible and we are not liable for any online or offline interactions with other Hosts, any Users or any other third party.
7. Host Accounts
7.1 We offer packages for Hosts to provide services through the Site. Details about packages can be found on the Site at: https://www.fibodo.com/plans.
7.2 If a Host purchases a subscription package then this will automatically renew on a monthly basis until the Host notifies us of its intent to terminate such subscription, such termination to take effect immediately.
7.3 The Host shall be entitled to upgrade its subscription payment at any time, subject to the payment of any additional upgrade fees. In the event that a Host wishes to upgrade a subscription package, such upgrade shall be effective immediately and the revised payment amount will be taken by us at the next payment date.
7.4 In the event that a Host wishes to change their subscription package (e.g. to upgrade), this will be effective immediately and a new monthly subscription payment date will be established.
7.5 Where a Host registers to use the Site by any of the methods set out above, the Host agrees to disclose true and complete information during the account registration process, and to update Host information promptly in the event that it changes. Hosts agree not to select a username which is offensive, misleading or otherwise inappropriate.
7.6 Hosts agree that we may remove from the Site any Host Services that you list at our sole discretion.
7.7 We reserve the right to refuse access to the Site to anyone at our sole discretion without giving a reason.
8. Booking Host Services
8.1 Once Host Services have been posted, the applicable Host will receive notification once a User requests such Host Services. We will notify the User on screen and/or by push notification via text or email (provided that a valid email address is supplied) confirming the booking request for the Host Services. This represents a confirmation that the Host Services have been booked (a Booking Confirmation).
8.2 At the point a User receives the Booking Confirmation, payment will be taken from the User.
9. Prices and Payment
9.1 We may change the user payment methods that we accept at our sole discretion at any time without notice.
9.2 Host Services may be made available at either standard or discounted rates, as specified on the Site, when listing a Host Service, provided that the rates specified in clauses 9.2.1 and 9.2.2 are not inconsistent with the fibodo payment administration guidelines set out at Schedule 1 and/or the Site:
9.2.1 Package Rates : Package bookings may be discounted as set out on the Site when listing the Host Services(s). Package rates will only be offered where expressly selected when listing a Host Service. For example, if a package of Host Services is offered then rates may be expressed as "X for the price of Y"(e.g. "4 for 3") meaning that the package is priced below the cost of X number of Host Services if booked individually.
9.2.2 Discounted services : Discounted rates will only be offered where expressly selected when listing the Host Services. For example, discounted rates may be offered where a User books a Host Service at short notice prior to the relevant Host Service. Host Services may be discounted as set out on the Site when listing the Host Service.
9.2.3 Standard : Standard rates will apply where Package or Discounted rates are not expressly listed.
9.3 If a booking is made directly with a User (Direct booking), the Host must clearly inform the user that the booking is made outside of the remit of fibodo and that all requests for refunds or other administration must be handled directly by the Host.
9.4 Prices stated on our Site shall be inclusive of our commission which, for the avoidance of doubt, is deemed to be paid by the Host to us and not by the User to us.
9.5 Hosts agrees not to market Host Services, or any services substantially similar to the Host Services, on any third party booking management platform other than fibodo.
9.6 Hosts may agree to accept introductions of new Users from booking hub partners operating on the Site. In this case, Hosts understand that fibodo will share the spare availability of sessions within its ‘Booking Hub' network of partners. Bookings made through these channels will be subject to increased commissions, according to the commissions set by each Booking Hub partner, and it is the Host's responsibility when creating its products to clearly identify the level of commission amounts (identified by a sliding scale) which the Host is prepared to accept for Booking Hub partner introductions. Prices stated on our Site shall be inclusive of the booking hub partner commissions which, for the avoidance of doubt, are deemed to be paid by the Host to us and not by the User to us.
9.7 Host agrees that it shall comply with the fibodo special offer guidelines set out a Schedule 1 and agrees that it shall not offer any special offers, discounted rates, loyalty programmes or any other form of reduced or preferential pricing to Users that is inconsistent with that Schedule.
9.8 Hosts agree to the following payment terms (further details are set out in Schedule 1):
9.8.1 Hosts agree that we will receive payment for Host Services from the User on a host's behalf and that we will subtract our commission/our affiliate commission and any third party payment service provider fees from such fees before forwarding payment to the Host within seven (7) working days of the Host services having been completed satisfactorily.
9.8.2 Hosts agree that receipt by us of the correct payment from a User shall fully discharge that User's payment obligation to a Host in respect of the applicable Host Service.
9.8.3 In the case of Package Rates, we will forward the single payment made to us by Users (less our commission / our affiliate commission and any third party payment provider fees) to Hosts within seven (7) working days of the first Host Service having been completed satisfactorily and Hosts agree that fibodo has no responsibility for any dispute which might arise between the Host and the User subsequently.
9.8.4 Payment may be refunded to Users pursuant to Clause 10 below.
9.8.5 We reserve the right (in our sole discretion) not to make payment to Hosts where a User has made a legitimate complaint in relation to the quality of the Host Services or the Host.
9.8.6 Use of the Site to list and/or contract for Host Services is subject to our commission / our affiliate commission, which we may change at our sole discretion. All our fees are quoted exclusive of any applicable taxes, duties or charges.
10. Cancellations, Refunds and Chargebacks
10.1 Hosts acknowledge and agree that when accepting a booking made by a User on the Site (or other arrangement between Host and User using the Site) by sending a booking confirmation, then a legally binding contract is formed between the parties.
10.2 Hosts accept that Users are entitled to cancel any Host Services booked using the Site in accordance with the "Terms of Use - Users" as listed on fibodo's website (see Schedule 1 for further details).
10.3 Hosts accept that if the Host cancels or is unable to provide any Host Services which have been booked, and it is not due to the fault of the User, the Host will be responsible for arranging an alternate booking or voucher or refunding the User the full amount of the fees paid by the User for the Host Services including the value of our commission, and in such event we shall be entitled to retain our commission. In the event that the Host cancels or is unable to provide Host Services part way through a class or activity package, User shall be entitled to a pro rata refund in respect of the classes and/or activities paid for by User but not yet received.
10.4 Hosts agree that fibodo is not responsible or liable for:
(a) any payment owed to a Host by any User, including any reclaiming of funds by a payment services provider or financial institution which may occur;
(b) any fees payable in respect of the method of payment used to pay for any Host Services;
(c) any failure of the Site to list your Host Services or return your Host Services in a search which is beyond our reasonable control;
(d) payment of any taxes (including VAT) in connection with the Host Services; or
(e) any damage to or loss of any equipment used as part of the Host Services.
10.5 If the user transpires not to be the authorised user of the payment card used or if the User otherwise contests the transaction as fraudulent, the amount of a transaction may be reversed or charged back (Chargebacks). For any transaction that results in a chargeback, fibodo may withhold the Chargeback amount in a reserve or may recoup from the Host the amount of the Chargeback together with any associated fees, fines and a fibodo service charge of up to £20.00. If you have pending Chargebacks, we may delay payments and if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time as: (a) the Chargeback is assessed due to a User complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the User may dispute the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including lawyers' fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
10.6 If we believe you might incur, or you are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying pay-outs, or (d) terminating or suspending your use of the Site.
10.7 Hosts agree to assist us when requested, at your expense, with investigations into any of your transactions processed through the Site. To that end, you permit us to share information about a Chargeback with the User, the User's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release corresponding reserved funds to your account. If a Chargeback dispute is not resolved in your favour by the network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
11. Host Obligations
Hosts agree to not:
(a) list or carry out any Host Services which are controlled, regulated or banned by law, or that a Host is not legally permitted and fully authorised to provide or advertise;
(b) use any equipment in carrying out Host Services which does not comply with applicable safety regulations, is otherwise unsafe, or which does not operate correctly;
(c) list any Host Services which you are not competent to provide;
(d) list any Host Services in inappropriate areas of the Site; or
(e) provide incorrect, materially incomplete or misleading information about itself or the Host Services
11.2 The Host agrees to comply with all applicable laws (including all applicable consumer laws) in providing the Host Services to Users.
11.3 Hosts agree to indemnify us against any chargeback or other recovery of funds paid by a User, or any claim made by a User against us, which arises in connection with a payment made to a Host.
11.4 Hosts agree that we shall be entitled at any time to set-off any liability a Host owes to us against any liability that we owe to that Host, and that we may retain and apply any funds that we receive on that Host's behalf from a User against any liability which that Host owes to us.
11.5 Hosts agree not to arrange to provide services to any person that the Host is introduced to using the Site by any means other than the Site.
11.6 Hosts agree not to avoid or try to avoid paying us our fee in respect of any services which a Host provides to any person that the Host is introduced to using the Site.
11.7 Hosts will maintain valid industry-standard insurance policies in connection with your provision of Host Services at a level appropriate to the type and volume of the Host Services and shall provide, upon request, evidence reasonably satisfactory to us that such insurance policies are in full force and effect.
11.8 You agree to perform all Host Services with due care and skill using reasonably experienced and qualified personnel
11.9 Hosts agree to comply with the data protection obligations set out in Schedule 2.
12. Acceptable Use Policy
12.1 As a Host you agree that:
12.1.1 you will not decrypt, extract, disassemble, reverse-engineer or decompile the Site;
12.1.2 you will not use the Site other than as a single product;
12.1.3 the right to use any upgraded or updated version of the Site replaces the right to use the Site being upgraded;
12.1.4 the Site contains confidential information, proprietary information and trade secrets and that any and all intellectual property rights and other rights in the Site are and will be owned by us and our licensors;
12.1.5 you will not use the Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
12.1.6 other than as agreed with us you will not:
(a) remove any identification or notices of any proprietary or copyright restrictions from the Site or any associated materials,
(b) include any portion of the Site in any other software program, or
(c) develop methods to enable unauthorised parties to use the Site;
12.1.7 you expressly waive any rights you may obtain through application of the law of any jurisdiction or otherwise that are inconsistent with these Terms of Use, so far as is permitted by applicable law;
12.1.8 you will not create any modifications or derivative works directly or indirectly using the Site, or components thereof, and any modifications or derivative works created directly or indirectly using the Site, or components thereof, or enhancements to the Site, shall vest on creation in, and be owned exclusively by, us, and you shall promptly execute any further documentation required to legally or commercially effect such assignment;
12.1.9 you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
12.1.10 you will not damage, interfere with or disrupt the Site in any way;
12.1.11 you will not use the Site or information obtained from the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
12.1.12 you will not use the Site for any purpose that is unlawful, improper or illegal, or in breach of any, or for the purpose of breaching any, law;
12.1.13 you will not use the Site in a way which infringes the rights of anyone else, harasses anyone else, is harmful, or otherwise restricts or inhibits anyone else's use and enjoyment of the Site;
12.1.14 you will not use the Site to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
12.1.15 you will not post comments about yourself or which are not in good faith and in accordance with your honestly held belief;
12.1.16 you will not use the Site for the purpose of harming or attempting to harm minors in any way; and
12.1.17 you will not use contact details obtained using the Site to harass any person.
13. Our liability
13.1 You agree that we do not review listings or content posted by any Host and we have no control over or liability for the truth, accuracy or fairness of any post, feedback, response or listing, or the quality, safety or legality of any items listed. You agree that we are not a party to any transaction between a Host and a User made using the Site and have no control over or liability for the actions of any User, including their ability or willingness to comply with any agreement, pay for any services or supply any services.
13.2 We will supply the Site using reasonable skill and care but we make no other representations, warranties or guarantees, whether express or implied, with respect to the Site. You accept that the Site is provided on an 'as is' basis. You agree that we have no liability for:
(a) the acts or omissions of Users of the Site or of other Hosts, including during the receipt of Host Services;
(b) any loss you may suffer as a result of any interruption of the operation of the Site;
(c) the lawfulness of the content of any listing or of any services listed on the Site; or
(d) the accuracy of any information contained on the Site.
13.3 To the extent permitted by applicable law, we expressly exclude all other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
13.4 You agree that we, and our directors, employees, officers, agents, subsidiaries and affiliates shall, to the extent permissible by applicable law, not be liable to you in contract, tort or otherwise in respect of any loss of data, revenue, profits, opportunity, goodwill, data or reputation, whether direct or indirect, or for any indirect or consequential loss or damage.
13.5 Information published using the Site is not intended to amount to advice on which reliance should be placed, and you agree we have no liability for reliance placed on any information published using the Site by any third party.
13.6 Our liability to you under or in connection with these Terms of Use is limited to £100 (one hundred pounds sterling. Any payments that we receive on your behalf from a User which we are obliged to pay to you shall not be subject to, nor count towards, this limit.
13.7 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by our negligence (as defined in the Unfair Contract Terms Act 1977), liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
14. Indemnity
14.1 You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of claims brought by third parties arising from or related to your access or use of the Site or other information made available by you to the Site.
15. Content
15.1 The Site and the material published using them, are protected by copyright and intellectual property laws and treaties around the world. If any such rights belong to us or our licensors, they are reserved.
15.2 You grant us permission (a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable licence) to use any material that you upload to the Site (your content), in order to operate the Site.
15.3 You represent and warrant that you have all rights, power and authority necessary to grant the licence under clause 15.2, and that all your content: (a) does not infringe the rights of any third party; and (b) complies with all applicable law and regulation.
15.4 You acknowledge and agree that you are liable for all of your content, in whatever form.
15.5 You accept that we may remove any material that is uploaded to the Site without notice and for any reason at our sole discretion.
15.6 The content available through the Site is protected by intellectual property law, including copyright, and you agree that you will not reproduce, distribute, copy or publicly display any content which is not your own content, except to the extent required for your use of the Site in accordance with these Terms of Use.
16. Privacy
16.1 You agree that we may process personal information about you that we gather from your use of the Site in accordance with our Privacy Policy as published on the Site.
16.2 You agree that you will not use any contact details or other personal information obtained through use of the Site except for completing and carrying out agreements for Host Services or as explicitly agreed by the subject of the personal information.
16.3 You agree that we may disclose your identity to any party who claims that material posted or services listed on the Site by you or utilisation of your account infringes their rights, or to any public authority in any jurisdiction on request.
17. Suspension and termination
17.1 You acknowledge and agree that we may, in our sole discretion, suspend or terminate your account and/or your access to the Site at any time for any reason and without notice to you.
17.2 You agree that we shall not be liable to you or to any third party for any suspension and/or termination of your right to use or otherwise access the Site where you are in breach of these Terms of Use
17.3 You may stop using the Site at any time, but you will remain liable to provide or pay for (as applicable) any Host Services you have agreed to provide or procure.
17.4 Termination of your account and/or access to the Site shall not affect any accrued rights or liabilities.
18. Linking
18.1 You may link to your customised pages of the Site, 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 without our express consent.
18.2 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those external sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. Access
You agree that you will not use any scraper, spider, robot, harvesting bot or other automated means to access the Site without our express written consent, and you will not interfere with the operation of the Site or place an undue strain on our infrastructure.
20. Other important terms
20.1 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm or person. We can only do this if it does not affect your rights under these Terms of Use. You may not assign, subcontract and/or otherwise transfer your rights or obligations under these Terms of Use to anyone else except with our written consent.
20.2 If any of these Terms of Use, including any part of any term, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use or the relevant part thereof shall remain in full force and effect.
20.3 Any failure by us to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.
20.4 Except as expressly stated in these Terms of Use, nothing in these Terms of Use is intended to confer any rights, remedies or benefits upon any person other than you and us.
20.5 These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
20.6 Subject to clause 13.7, you confirm that you have not been induced to enter into a contract on these Terms of Use by any prior representations, whether written or oral, except as specifically reproduced in these Terms of Use and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms of Use.
20.7 In these Terms of Use the use of the word "including" shall not limit any preceding category.
20.8 Nothing in these Terms of Use is intended to or shall give rise to any relationship of employment, agency, partnership, joint venture or profit sharing.
20.9 These Terms of Use are governed by and interpreted in accordance with the laws of England and Wales. If we or you choose to bring proceedings in connection with these Terms of Use, we or you must do so in the courts of England and Wales, or the courts of the jurisdiction you live in.
22. Contact Us
If you have any concerns about material which appears on the Site, please contact us by email at info@fibodo.com.
