Terms of Service
SIPSCENE TERMS AND CONDITIONS
The Website is a site operated by SipScene. Our address is Ha Khalutzim 6, rooftop apartment, Tel Aviv and our email address is SipScene@gmail.com.
HOW SIPSCENE WORKS
The Website is a marketplace where users can identify each other, host and attend private social and drinking events online. Once an individual user engages a service or events provider by an event host (“Host”) via the Website for an agreed fee, a booking is created (“Booking”) and the individual becomes a guest of the Host (“Guest”), enabling the formation of a contract between Host and Guest, subject to the provisions set forth in the Terms. When a user requests or accepts a Booking, the user uses the Website to engage, communicate, invoice and pay online.
In addition, the Website allows service providers such as chefs, DJ’s and bartenders (“Service Providers”) to offer their services to Hosts. When a Host is interesting in hiring a Service Provider (“Service Provider Booking”), the Host uses the website to engage, communicate, invoice and pay online.
REQUIREMENTS FOR SETTING UP A SIPSCENE ACCOUNT (AS HOST, SERVICE PROVIDER OR GUEST)
To register for an account, you must be, and hereby represent that you, and anyone to whom you grant access to your account, is 21 years old or older and can form legally binding contracts. In order to access and retain the communications we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform such as Windows or Mac; (c) a connection to the Internet; (d) a computer or device and an operating system capable of supporting all of the above.
CREATING A HOST ACCOUNT OR A SERVICE PROVIDER ACCOUNT
To register as a Host on the Website, you must apply to register for an account by completing the online application form. To create a Host account, you must provide your email address, full name, bank details, date of birth, contact telephone number, and proof of identification to SipScene. You will also be asked to create a profile which may include information about you, a photograph, experience and your location and services or Bookings you wish to provide and the price you intend to charge for Bookings (“Host Profile”) which you consent to be shown to other users of the Website and the public. Once you have applied online, SipScene will contact you for a call or meeting. You will then be notified by email if you have been successful and you can register as a Host on the platform.
To create a Service Provider account, you must provide your name, company name and number, address, contact telephone number, photos, languages spoken and social media links. You will also be asked to create a profile which may include information about you and the services you wish to provide and the price you intend to charge for such services which you consent to be shown to other users of the Website and the public (“Service Provider Profile”).
SipScene offers the Website to Hosts and/or Service Providers for business purposes only, and not for personal, household, or consumer use. To use the Website, you must have, and hereby represent that you have, an independent business (whether it be as a sole trader or as a limited company or other entity) and further represent that you intend to use the Website for your business purposes only. You understand that you must comply with any licensing, insurance or registration requirements with respect to your business, and you represent that you comply with all such requirements.
By registering for a Host or Service Provider account on the Website or by clicking to accept the Terms when prompted on the Website, you agree to: (a) abide by the Terms; (b) be financially responsible for your use of the Website and the purchase or delivery of services provided via the Website; and (c) perform your obligations as specified by any Booking and/or Service Provider Booking that you enter into, unless such obligations are prohibited by applicable law or our Terms. SipScene reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Website and/or accounts upon discovery that any information you provided in any form or posted on the Website is not true, accurate, or complete, or such information or other conduct otherwise violates our Terms, or for any other reason or at SipScene’s sole discretion.
CREATING A GUEST ACCOUNT
To view the website you may sign in via Facebook or create an account by providing your email address and password. To create a Guest account, you must provide your name, email address, date of birth, city location, photo and create a profile (“Guest Profile”). Once you have applied to register an account, SipScene will review your Guest Profile and you will be notified if you have been accepted. If a Guest connects his/her social media page to his/her Guest Profile, the Guest Profile will be listed as ‘Verified’. By registering through a Facebook account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to Facebook’s terms and conditions. We may terminate your use of the Website if you let someone use your account inappropriately, or if you or anyone using your account violates these Terms.
You agree to provide true, accurate, and complete information on your Host Profile, Service Provider Profile or Guest Profile and all registration and other forms you access on the Website or provide to us and to update your information to maintain its accuracy. You agree not to register for more than one account or create more than one Host Profile, Service Provider Profile or Guest Profile without our express written permission. You agree not to ask or allow another person to create an account on your behalf, for your use, or for your benefit.
When you register for an account, you will be asked to choose a username and password for your account. You are entirely responsible for safeguarding and maintaining the confidentiality of your account username and password. You authorise SipScene to assume that any person using the Website with your username and password, either is you or is authorised to act for you. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your account or any unauthorised access to your password or the password of any user of your account. We will not be liable for any losses or damage arising from unauthorized use of the Website, and you agree to indemnify and hold us harmless for any improper or illegal use of the Website, and any charges and taxes incurred, unless you have notified us via email at firstname.lastname@example.org. You further agree not to use any username or password of another user of the Website that you are not authorised to use, and not to allow others who are not authorised to do so to use your account at any time.
We will provide you with certain legal information in writing. By using the Website, you agree that we may provide you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper. By accepting and agreeing to the Terms electronically, you represent that you have read and understand and give us your consent to do so.
SipScene cannot review all content posted by third parties through the Website, and cannot and does not accept liability in respect thereof. SipScene will remove all infringing content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Website infringes their rights. We may also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that content appearing on the Website infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to email@example.com.
YOUR USE OF THE WEBSITE
All profiles, jobs, proposals, ratings, photographs, images and other content posted to the Website must be truthful, not misleading and not considered by SipScene as a prohibited use. Here are examples of prohibited uses:
Misrepresenting a Host’s and/or Service Provider’s experience, skills, information or ability to host a Booking and/or Service Provider Booking;
Impersonating any person or entity, including creating multiple accounts or personas and including, but not limited to, a SipScene representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Falsely attributing statements to any SipScene representative;
Allowing another person to use your account, which is misleading to other users;
Falsely stating or implying a relationship with SipScene or with another company with whom you do not have a relationship;
Falsely stating or implying a relationship with another user; and
Falsely stating that you will honour a Booking when another person or entity will in fact Host the Booking.
You agree that you will not: (a) solicit another person’s password or other personal information under false pretenses; (b) violate the legal rights of others, including defaming, abuse, stalking or threatening users; (c) infringe the intellectual property rights, privacy rights, or moral rights of any third party, (d) post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (e) violate any applicable law, rule or regulation, (f) publish falsehoods or misrepresentations; (g) posts or transmit any material that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Website; (h) post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (i) circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content; or (j) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, the Website. In addition, you may not use the Website to advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages. If you agree to negotiate with any Host, Service Provider or Guest, you agree to negotiate in good faith and to make reasonable efforts to communicate with such other party in a reasonable and timely manner.
By posting or uploading any content you hereby grant SipScene and its affiliates and sublicensees a worldwide, non-exclusive, perpetual, royalty-free license to publish, perform, display and distribute such content in any form as part of the Website or in order to promote and market SipScene and the Website. We reserve the rights to remove, suspend access to or permanently delete any content, without notice, including without limitation any content that in our reasonable view violates the warranties set forth above or our business interests. Such decisions shall be made in our sole discretion and you shall have no claim in respect of any such decisions by us.
In order to make a Booking on the Website, select ‘Make Booking’ and you will be asked to provide your payment information (via our third party payment services providers, PayPal or Stripe) and make payment for the Booking before your Booking is confirmed. You will then be redirected to the Website and you should receive on-screen confirmation of your Booking. SipScene does not guarantee any Bookings or payment methods via the Website and your Booking will only be confirmed once you receive email confirmation. A Guest may make a Booking on behalf of several Guests after receiving their consent for the same.
Hosts will receive an email notification that a Booking has been made. Some Bookings and events will only be available to a closed list of potential guests.
You acknowledge and agree that a Booking and/or Service Provider Booking contract is comprised of the following agreements (as applicable): (a) the terms of engagement awarded and accepted on the Website; (b) the Booking and/or Service Provider Booking terms, unless other terms are agreed to by the parties; and (c) any other contractual provisions accepted by the Guest, Host and/or the Service Provider, to the extent that the provisions of (a), (b) and (c) do not, and do not purport to, expand SipScene’s obligations or restrict SipScene’s rights under the Terms. We request that Hosts and Service Providers draw up a sufficiently comprehensive written agreement that addresses their requirements. All communications between Hosts and Guests, as well as Hosts and Service Providers, shall be made by means of the Website. You acknowledge and agree that SipScene is not a party to any Booking and/or Service Provider Booking contracts, and that the formation of a contract between users of the Website will not, under any circumstance, create an employment or other relationship between SipScene and any Host, Service Provider and/or Guest.
SipScene collects fees for its Services. The fee for the Service shall be paid upon Booking and/or Service Provider Booking. Payment to SipScene shall be in the amounts and/or percentages set forth on a separate quotation or price list provided by SipScene, which may be available at an Internet location provided to you by SipScene (a “Quotation”). In the event of any conflict between these Terms and the express terms of any Quotation, the express terms of such Quotation shall govern. SipScene reserves the right to amend the amount of the fee from time to time.
SipScene does not introduce users and/or Guests to Hosts and/or Service Providers and does not help Hosts secure engagements and/or Service Providers. SipScene merely makes the Website available as a platform to enable Hosts and/or Service Providers to do so themselves. Guests and Hosts are obligated to use the Website to pay and receive payment for their work together if they identified each other through the Website.
PAYMENTS TO HOSTS AND SERVICE PROVIDERS
SipScene will accept the payments from the payors and will disburse funds that are payable to a Host and/or Service Provider for an engagement (less any applicable SipScene Fees) to Hosts and Service Provider 7 days after the applicable SipScene event. The Host and/or the Service Provider agree that it will not receive interest or other earnings on the funds held at any time by SipScene on its behalf prior to disbursement to the Host and/or Service Provider.
Notwithstanding any other provision of the Terms, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Website or the Terms, SipScene may withhold payment of any fees owed to you. Additionally, SipScene may also hold the disbursement of the SipScene Fees if: (a) we require additional information, such as your tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the SipScene Fees may be subject to dispute or be eligible for a refund; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Booking contract or the Terms; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law. In cases of fraud, abuse, or violation of the Terms, SipScene reserves the right to revoke any payments and hold and reclaim all fees due to the Host (not just the fees from the Booking(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with these Terms yet we receive any chargeback from the payment method used by you or your Guest. You agree that we have the right to obtain such reimbursement by offsetting any amounts determined to be owed, deducting amounts from future payments or withdrawals, charging your payment method, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for revocation of your access to the Website.
You agree that you shall be solely responsible for determining whether (a) you are required by applicable local law to issue any formal invoices for any work offered via the Website and for issuing any invoices as required; (b) whether you require a business license or any approval to host events; (c) whether you are required by applicable law to pay any taxes or charges to appropriate authorities applicable to any fees received via the Website; and/or (d) whether SipScene is required by applicable law to withhold any amount of fees you receive via the Website, and for notifying SipScene of any such requirement and indemnifying SipScene for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of SipScene, the Host agrees to promptly cooperate with SipScene and provide copies of any requested tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing that the Host is engaged in an independent business as represented to SipScene when creating an account.
SERVICES PROVIDED BY THE HOST
The Host will perform the agreed services associated with a Booking in a professional and workmanlike manner and will deliver any agreed services within a timely manner. The manner and means of performing the Booking will be determined and controlled solely by the Host, which is engaged by the Guest as an independent contractor.
If a Host subcontracts with or employs third parties to perform services agreed on behalf of the Host for any Guest, the Host represents and warrants that it does so as a legally recognised entity or person and in compliance with all applicable laws and regulations. The subcontractor or employee is not an employee, independent contractor or agent of SipScene or the Guest and Host shall be responsible for any payments, obligations, wages, costs, insurances, contributions, expenses and any other local law requirements of the Host’s subcontractor or employee. No subcontractor or employee of the Host shall have any claim under the Terms for any employee benefits of any kind from SipScene or Guest.
CANCELLATION OF BOOKINGS AND/OR SERVICE PROVIDER BOOKING
We understand that sometimes other things get in the way of our social lives and plans must change. We therefore allow SipScene users to cancel Bookings and/or Service Provider Booking using the “My Bookings” tab on the Website, subject to the below cancellation policy. The SipScene cancellation policy is as follows:
Guests have the right to cancel a Booking up to 48 hours prior to the scheduled time of the event.
Upon cancellation made more than 48 hours before the scheduled event, the Host will not receive any money for the cancelled Booking and the Guest will receive a full refund for the cancelled Booking cancelled, net of any commissions and fees already paid to SipScene (e.g – the SipScene Fee).
If a Booking is cancelled by a Guest less than 48 hours before the applicable SipScene event, the Guest shall not be entitled to any return, credit or reimbursement. The Booking may however be transferred to another person at no additional cost (e.g. you may find a friend to take your place at the event and ask him/her for the money). Such person must also be a Guest on the Website. Please note that SipScene does not refund the original Guest’s money in such a case. In addition, in an event of cancellation less than 48 hours before the SipScene event, the Guest is entitled to book another SipScene event. Please note that a Guest is entitled to transfer his/her Booking or book a different event in case of cancellation only once.
Where a Host cancels an event, SipScene will refund in full Guests who had purchased tickets prior to its cancellation. SipScene reserves the right to charge a Host who cancels an event with any costs SipScene incurs in the processing of the cancellation.
The provisions above apply mutatis mutandis to Service Provider Bookings made between Service Providers and Hosts.
In an event of cancellation by a Host and/or a Service Provider, less than 72 hours prior to the applicable SipScene event and such cancellation was made for no good reason, SipScene reserves the right, at its sole discretion, to prevent the Host and/or the Service Provider from hosting and/or providing services and/or making Bookings and/or Service Provider Bookings again by means of the Website.
INTELLECTUAL PROPERTY RIGHTS
SipScene is the owner or the licensee of all intellectual property rights in the Website and the material published on it. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved. Users must not use any part of the materials on the Website for commercial purposes without a license from us or our licensors. Users may not reproduce in any format (including on another website) any part of the Website (including content, images, designs, look and feel) without SipScene’s prior written consent. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Website. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. If, in our opinion, you are in breach of these provisions, your right to use the Website will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELATIONSHIP WITH SIPSCENE
SipScene is not a party to the dealings between Guest, Service Provider and/or Host, including posts, proposals, screening, selection, contracting, and performance of the services in connection with the Booking and/or Service Provider Booking. SipScene does not introduce Hosts to Guests, Hosts to Service Providers or help Hosts and/or Service Providers to find or secure Bookings and/or Service Provider Booking. SipScene merely makes the Website available as a platform which allows Hosts to identify and determine the suitability of Guests and/or Service Providers for themselves and to enable Guests and/or Service Providers to identify and determine the suitability of Hosts for themselves. SipScene does not, in any way, supervise, direct, or control any Host, Service Provider or any Host’s and/or Service Providers work. SipScene does not set Host’s and/or Service Provider’s work hours, work schedules, or location of work, nor is SipScene involved in determining if any fees payable under a Booking and/or Service Provider Booking will be set at an hourly or fixed rate. SipScene will not provide Host and/or Service Providers with training or any equipment, labour, or materials needed for a particular Booking and/or Service Provider Booking. SipScene does not provide the premises at which the Host and/or Service Provider will perform the work. SipScene makes no representations about, and does not guarantee the quality, safety, or legality of, the services provided by the Host and/or Service Provider; the truth or accuracy of Host’s and/or Service Provider’s listings on the Website; the qualifications, background, or identities of users; the ability of Hosts and/or Service Providers to deliver services; the ability of Guests and/or Hosts to pay for the services provided by the Host and/or Service Provider, or that a Guest, Service Provider or Host can or will actually complete a transaction.
SipScene does not deduct any amount for taxes in respect of the Guest, Service Provider or Host, each of which is solely responsible for all tax returns and payments required to be filed with or made to any local tax authority in any nation with respect to Host’s and/or Service Provider’s performance, and Guest’s and/or Host’s acceptance of services provided by the Host and/or Service Provider.
LIMITATION OF LIABILITY
The Website is provided without any guarantees and is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms, including, but not limited to:
your use of or your inability to use our Website;
delays or disruptions in our Website;
viruses or other malicious software obtained by accessing, or linking to, the Website;
glitches, bugs, errors, or inaccuracies of any kind in the Website;
damage to your hardware device from the use of the Website;
the content, actions, or inactions of third parties’ use of the Website;
a suspension or other action taken with respect to your account;
your reliance on the quality, accuracy, or reliability of job postings, Host Profiles, Service Provider Profiles, Guest Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Website; and
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms.
To the fullest extent permitted by law, we 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 (whether by us or a third party), including, without limitation, any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
YOUR USE OF ANY ASPECT OF THE WEBSITE IS AT YOUR OWN RISK. YOU MUST DO YOUR OWN RESEARCH AND MAKE YOUR DECISIONS REGARDING ANY EVENTS OR BOOKINGS OR SERVICE PROVIDER BOOKINGS BASED ON THAT RESEARCH. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE WEBSITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE WEBSITE. INFORMATION REGARDING EVENTS, SERVICES AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES AS WELL AS BY OTHER USERS OF OUR WEBSITE. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES OR BY OTHER USERS OF OUR WEBSITE. ANY ACTIONS YOU TAKE BASED ON THE RECOMMENDATIONS REGARDING EVENTS, BOOKINGS, SERVICES, SERVICE PROVIDER BOOKINGS, ACTIVITIES, AND OTHERWISE PROVIDED BY THE WEBSITE ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE WEBSITE TO ENSURE ITS ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES IN RESPECT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE; OR (II) THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE WEBSITE. WE DO NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE WEBSITE REGARDING EVENTS, SERVICES, ACTIVITIES, OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE WEBSITE OR THROUGH ANY SUBMISSIONS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS).
No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. This does not affect any liability which cannot be excluded or limited under applicable law.
You will indemnify, defend, and hold harmless SipScene, our affiliates and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable legal fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an Indemnified Party relating to: (a) use of the Website by you, including any payment obligations incurred through use of the Website; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website; (c) any Booking and/or Service Provider Booking entered into by you, including, but not limited to, the classification of a Host and/or Service Provider as an independent contractor; the classification of Guest and/or Host as an employer or joint employer of Host and/or Service Provider; any employment-related claims; and any claims for unpaid compensation, or any other employee benefits; (d) failure to comply with the Terms by you; (e) failure to comply with applicable law or regulations by you; (f) negligence or fraud by you; (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of any third party rights, including without limitation of any third party intellectual property rights or moral right or allegations thereof to the extent caused by you or (h) any other matter for which you are responsible under these Terms or under law.
TERM AND TERMINATION
The Terms as amended from time to time, will become effective on your first visit to the Website and will remain in effect for the duration of your use of the Website. Unless both you and SipScene expressly agree otherwise in writing, either of us may terminate this agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the Website Terms as well, except as otherwise provided herein. You may provide written notice of your wish to terminate this agreement to SipScene@gmail.com.
In the event that you properly terminate this agreement, your right to use the Website is automatically revoked, and your account will be closed. However, (a) if you have any open Bookings and/or Service Provider Bookings when you terminate this agreement, you will continue to be bound by the Terms until all such Bookings and/or Service Provider Bookings are closed on the Website; and (b) SipScene will continue to perform Website services necessary to complete any existing Booking and/or Service Provider Bookings or related transaction between Host, Service Provider, Guest or another user.
Without limiting any other provisions of the these Terms, the termination of this agreement for any reason will not release you, any user with whom you have entered into a Booking and/or Service Provider Bookings, or SipScene from any obligations incurred prior to termination of this agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Without limiting SipScene’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Website if: (i) you breach the letter or spirit of any Terms of this agreement; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our users, or SipScene; may be contrary to the interests of the Website or the user community; or may involve illicit activity. If your account is suspended or closed, you may not use the Website under the same account or a different account or re-register under a new account without our prior written consent. If you attempt to use the Website under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.
Without limiting SipScene’s other rights or remedies, if you engage in actions or activities that circumvent the Website or otherwise reduce fees owed to SipScene under the Terms (including, but not limited to Booking and/or Service Provider Bookings fees and SipScene Fees), you must pay SipScene, and you authorize SipScene to charge you, for all fees owed to SipScene, if applicable, all losses and costs (including any and all time of SipScene’s employees) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
If your account is closed or deleted for any reason, you will no longer have access to data, messages, files, and other material you have entered on the Website. You understand that any closure of your account may involve deletion of any content stored in your account for which SipScene will have no liability whatsoever.
All notices to SipScene intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address Ha Khalutzim 6, rooftop apartment, Tel Aviv or (c) in writing via email to SipScene@gmail.com. All such notices are deemed effective upon receipt by SipScene.
The failure of SipScene to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms shall be effective only if in writing and signed by an authorised person on behalf of SipScene.
JURISDICTION AND APPLICABLE LAW
The courts of Israel will have exclusive jurisdiction over any claim arising from, or related to, the Terms, Bookings, Service Provider Bookings and SipScene accounts and services.
These Terms 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 Israel. Any cause of action against us must be brought within one (1) year of the date such cause of action arose.
These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and SipScene regarding your use of the Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
We may amend these Terms at any time by amending this page or, if we believe the changes are material, we will let you know by (i) notifying you via the Website, or (ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website following the changes constitutes your acceptance of the updated terms.
If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such terms or provisions shall be deemed to be deleted from this agreement and the remainder of the provisions shall continue in full force and effect provided always that if any such deletion substantially affects or alters the commercial basis of the agreement the parties shall negotiate in good faith to amend the modify the provisions and terms of this agreement as necessary or desirable in the circumstances.
We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms.
You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms.
SipScene shall not be liable for failure to perform or delay in performing any obligation under any contract incorporated in these Terms if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
If you have any questions about the Terms, you can email us at SipScene@gmail.com.
THE INFORMATION WE COLLECT
When you access the Website, there are a number of ways in which you provide information and other data to us. One of the ways to sign up for using the Website is by means of Facebook. In such case, we will receive such Personal Information about you as is provided by Facebook. Please check Facebook’s policies in order to understand what information we receive. You can also sign in by providing your name, email address, date of birth or age range, city location, photo, bank details, contact telephone number, and/or proof of identification. You may be asked to provide us with the following Personal Information: residential and/or delivery address, requested fees, company name and number, social media links and websites and/or location data. You may also provide optional information to us when completing your ‘About Me’ section on the Website which may include photographs, your experience and languages spoken. You may also upload photos of events and we may also collect information regarding events, including without limitation the amount paid for the event and who booked the event. By accessing the Website and providing such Personal Information, you consent to us processing and collecting this data, on the terms and for the reasons which are explained below.
The Website will also record certain information automatically, such as your IP address, mobile device or computer, operating system and browser, and geo-location. In addition, we collect any information you provide when you contact us for any reason. You are not required by law to provide us with any of the information described herein, but by using the Website you agree to provide us with such information.
HOW YOUR INFORMATION IS USED
As is true of most websites, it will be possible to gather information about your computer or device such as your IP address, browser type, referring/exit pages, and operating system. This, and any Personal Information you provide to us may be used internally to:
drive future product development in line with customer platform and technology use;
learn about users of the Website’s preferences and to see how long our users spend on the Website;
respond to customer service requests;
send out a newsletter or occasional product alerts or marketing communications;
improve the Website and our marketing efforts;
To help diagnose problems with our servers, and to make our Products more useful for you and for our other customers.
respond to your questions and concerns.
HOW TO EDIT, DELETE OR ACCESS YOUR INFORMATION
You have the right to ask for a copy of any Personal Information that we hold about you, to correct any inaccuracies, to update any out-of-date information and/or to request that we delete any of your Personal Information. You can also ask us not to send you direct marketing communications (however please note that we may continue to send you service-related (i.e. non-marketing) communications whilst you hold an account with SipScene). If you wish to exercise any of these rights, or wish to object to our use of your Personal Information, please write to us at firstname.lastname@example.org.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us at the e-mail address, postal address, or telephone number listed above. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SHARING YOUR INFORMATION
Except as described below, we will not share your Personal Information with any third parties without you explicit permission.
We may disclose your Personal Information:
business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service because our name will appear on their website or their name will appear on our website, either alone or with ours. If you choose to use these products or services, we may share information about you, including your Personal Information, with those partners. Please note that we do not control the privacy practices of these third party business partners. If you wish to no longer allow that third party to use your information, please contact that third party directly.
To other users of the Website as such information is required for the provision of services. The Hosts and Service Providers (as defined in the Terms of Service) will have access to all Personal Information as it appears on the Website.
as required by law, any applicable regulation to protect the rights, property, or safety of ourselves or others. This may include disclosing to other companies and organizations in connection with fraud protection and credit risk reduction;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
if SipScene is involved in a merger, acquisition, or sale of all or a portion of its assets, to any prospective seller or buyer of all (or part of) our business or assets. You will be notified via email and/or a prominent notice on the Website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information;
to any other third party with your prior consent to do so.
We use third party payment processing services, such as PayPal and Stripe to process your credit and debit card information and take payment on our behalf. You agree that any information that you enter on the Website will be shared with the owner of the third party payment processing service for the purposes of processing your payment. Such third parties have their own Terms and Conditions and Privacy Policies and you are encouraged to review these terms before deciding whether to provide any information. SipScene is not responsible for the content or information practices of such third parties and these Terms and Conditions do not apply to any website, product or service of any third party company even if the website links to or from SipScene.
We will never pass your information to a third party for them to use in their own direct marketing without your express consent.
The security of your Personal Information is important to us. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. We will retain your information for as long as you are a registered user of SipScene or as needed to provide you services via the Website. Once your account has been deleted, we will only retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer hold your Personal Information, contact us at email@example.com.
We do not knowingly collect Personal Information from children under the age of 13. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.
We may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to any countries outside your jurisdiction and/or outside the United States or the European Union. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business.
We may contact you from time to time about SipScene, including marketing messages relating to SipScene. We will do this electronically, for example by email.
We may contact you with information about our products and services (and those of specially selected parties that may be of interest to you), in line with your marketing contact preferences provided to us either through the Website or by emailing us. All such communications will come from SipScene.
You may tell us at any time if you do not wish to receive marketing messages from us by contacting us by email at firstname.lastname@example.org or by following any instructions we may include in the messages we send to you.
Last Updated: May 2018