Hubble Terms of Business

  1. Introduction

    1. Hubble provides an online platform, which is accessible through our website at https://hubblehq.com/ (the “Site”), that connects (a) landlords and other providers of commercial office space (“ Office Providers”); and (b) individuals or businesses (each, a “Client”) seeking to rent or otherwise use office space (collectively the “ Service”).
    2. The Service allows (a) Office Providers to advertise available commercial office space (“Space”) by creating and posting listings for such Space on the Site (“ Listings”); and (b) Clients to search for and enter into agreements to occupy the available Space directly with the Office Providers (a “Space Agreement ”).
  2. Information about us

    1. The Service is operated by or on behalf of Spacious Ltd trading as Hubble (“Hubble”, “we”, “ us” and “our”). We are a limited company registered in England. Our registered company number is 08739117, and our registered office is at Hubble, PO Box 501, The Nexus Building, Broadway, Letchworth Garden City, Hertfordshire, United Kingdom, SG6 9BL. Our VAT registration number is 177177181.
  3. Your personal information

    1. Please see our Privacy and Cookies Policy www.hubblehq.com/privacy-policy to understand how we collect, use and share information that relates to you.
  4. Terms that apply to our relationship with you

    1. These “Terms of Business” govern the relationship between Hubble and Office Providers, and between Hubble and Clients (Office Providers and Clients collectively referred to in these Terms of Business as “you ”). It does not govern the relationship between Office Providers and Clients which shall be subject to the Space Agreement entered into by the relevant Client and Office Provider.
    2. Your use of the Service is subject to these Terms of Business and by using the Service you agree to be bound by them. You should print a copy of these terms and conditions for future reference.
    3. These Terms of Business contain the only terms and conditions that apply to our relationship with you. We intend to rely on these Terms of Business as setting out the written terms of our agreement with you for the provision of the Service. Unless we expressly agree with you otherwise, this means that any standard terms which you might use will not apply to our relationship.
    4. We reserve the right to change these Terms of Business from time to time, but the most current version of the Terms of Business will always be at https://hubblehq.com/legals . Any changes will take effect on the date that we publish the new Terms of Business on the Site. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something. They will not affect any existing relationships between Office Providers and their Clients (such as the Hubble Fee), but will affect any new Clients or Office Providers that subscribe to our Service, or any Listings posted or Space Agreements entered into after the changes take effect. Normally, we will try to give you some warning before the new terms become effective; however, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
    5. We may, at our discretion, offer incentives to Clients to use the Service. If and when we do, such incentives may be subject to additional terms and conditions.
  5. Creating an account

    1. You do not need to register to browse the Site. However, to use certain features and functionalities of the Service, such as creating a Listing or contacting an Office Provider, you must first register with us and create a Hubble account (an “ Account”). You only need to register once.
    2. To register, you must satisfy the following minimum eligibility criteria:
      1. You must be at least 18 years of age; and
      2. Be authorised by the company that you work for to (i) in the case of an Office Provider, create a listing or (ii) in the case of a Client, express an interest in any Space.
    3. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
    4. To register, you must provide us with accurate, complete and up-to-date contact information, including name, email address and any other relevant information we may require for registration purposes.
    5. You can create an Account directly via the Service or by logging into your Account with certain third party sites or social networks (“TPS”) such as LinkedIn, Facebook or Google. If you choose this option, we’ll create your Account by pulling certain personal information from the TPS account such as your name and email address and other personal information that your privacy settings in your TPS account permit us to access. Your use of these third party services are governed by the terms of use and privacy policies of these third parties.
    6. You are responsible for the information you provide to us. You must promptly update your Account information online in the event of any changes to this information. Hubble reserves the right to suspend or terminate your Account and your access to the Service if any information provided proves not to be accurate or current.
    7. Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us to the email you provided to us when you applied to register for an Account.
    8. If you are registering as an organisation, rather than in your personal capacity, you must have the necessary authority, power and right fully to bind the legal entity or organisation on whose behalf you wish to be granted access to the Service. If you are not authorised to bind that legal entity or organisation, you must not attempt to register. By registering, you represent and warrant to us that you are duly authorised.
    9. When you register for an Account with us, you will be asked to create a username and password. You must keep your password confidential at all times and use it only to access and use your Account and not for any other purpose. You are the only authorised user of your Account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your Account or error in the operation of your password. You will be responsible for all activity that occurs on your Account. Any breach of these Terms of Business and/or any use of your Account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. We reserve the right to require you to alter or replace your passwords at any time at our sole discretion.
  6. Creating a Listing

    The following section applies to Office Providers only

    1. As an Office Provider, you appoint Hubble to promote and market your Space on a non-exclusive basis, on the terms of these Terms of Business.
    2. You may create and upload Listings for a Space to the Service. You may be asked to provide information about the Space, including the office type, capacity, price per month (per person or per office) (the “Space Fee”), VAT registration details (if any), availability, building address, list of facilities (if any) (such as Wi-Fi, furniture, lockers, showers, roof terrace, meeting rooms, 24 hour access, kitchen, bike storage, mailing address and disabled access), contact number, a description of the building and any other relevant information we may require in respect of your Listing. You may also add photos of the Space.
    3. Hubble reserves the right to remove any Listing if (a) it considers the Listing to be objectionable for any reason; or (b) it considers the Listing to be in violation of the Terms of Business; or (c) Hubble receives notice from any third party claiming to have an interest in the Space (for example the property owner) that requires Hubble to remove the Listing. Hubble also reserves the right, in its sole discretion, to determine the positioning and order of any Listings on the Service.
    4. Hubble may make non-material amendments to a Listing, such as to correct any inaccuracies in the information provided about the Space or amend the description of the Space to conform to the style of other Listings on the Service.
    5. You acknowledge and agree that you are responsible for all Listings that you publish on the Service. Accordingly, you represent and warrant that:
      1. you:
        1. are the owner of leasehold or freehold property (“ Property Owner”) of any Space you advertise on the Service; and/or
        2. have the right, authority or permission from the Property Owner to list such Space;
      2. the Space is in compliance with all applicable laws and regulations;
      3. entering into a Space Agreement in relation to the relevant Space will not breach any agreement with any third party including any lease or sublease;
      4. the Listing is accurate and truthful and shall set out all fees payable in respect of the use of the Space (including, by way of example, charges relating to use of facilities, service charge);
      5. the Space Fees offered through the Service shall be the lowest price available in respect of the Space (insofar as a similar listing is available on the Office Provider’s or its affiliate’s websites or applications or any third party websites or applications in relation to the Space);
      6. you shall promptly respond to any and all enquiries made by Hubble and/or a Client in respect of the Space;
      7. you shall promptly advise Hubble of the terms of any Space Agreement once entered into with a Client;
      8. at Hubble’s request, you shall provide Hubble, within 14 calendar days of the request, with any and all information reasonably requested by Hubble relating to the Space Agreement;
      9. you shall, during the Chargeable Term (as defined in paragraph 10 below) promptly advise Hubble of any change to the Space Fees or the Space Agreement in respect of the Space;
      10. you shall keep Hubble informed of the current status of the Space and (i) remove the Listing; or (ii) advise Hubble in writing if the Space ceases to be available; and
      11. you shall not upload any Prohibited Content (as defined below) in any Listing.
    6. You shall indemnify, defend and hold harmless Hubble against all losses that Hubble incurs or suffers however arising as a result of or in connection with:
      1. your breach of the warranties set out in paragraph 6.5;
      2. your breach or negligent performance or non-performance of any obligations under these terms; and/or
      3. any claim made by a Client or any third party arising out of or in connection with the provision of the Space, to the extent that such claim arises as a result of any breach of these terms by, or the negligence of, the Office Provider or its personnel;
      4. any claim made by a Property Owner arising out of or in connection with any Listing or Space Agreement entered into with a Client.
  7. Additional Services

    1. We may, from time to time, offer additional services to assist Office Providers with the creation of Listing, including:

      1. preparing a description of the Space; and
      2. taking photographs of the Space,

      (the “Additional Services”).

    2. To request any Additional Services, please email us at host@hubblehq.com. We will inform you of any fees due to us for the performance of the Additional Services (the “ Additional Service Fees”).

    3. We will be the owner of any text, images or other materials that we create in the course of providing you with any Additional Services (the “New Materials”). We grant you a limited, non-sublicensable, non-transferable licence to view the New Materials in connection with viewing and amending your Listing only. This licence is personal to you and you are not permitted to give the New Materials to any other person or to use the New Materials for any other purpose, including (without limitation) uploading any New Materials to your or any other website.

  8. Enquiries and Viewings

    1. As a Client, you are responsible for ensuring that a Space is suitable to your needs, and for conducting any appropriate checks on the Space and the Office Provider. You can do this by asking any questions using the functionality on the Service or by contacting Hubble directly (each an “Enquiry ”) and arranging viewings to view the Space (a “ Viewing”).
  9. Entering into a Space Agreement

    1. We will advise the Office Provider of Clients interested in their Space, either through the applicable functionality on the Service or by contacting the Office Provider directly.
    2. The Office Provider is responsible for reviewing and confirming the suitability of a Client before entering into a Space Agreement, including by conducting any checks or obtaining any references.
    3. The Office Provider will be responsible for contacting the Client directly and entering into a Space Agreement with the Client where appropriate. Hubble may assist in this respect at its discretion, but does not determine or negotiate any terms of the Space Agreements entered into between Office Providers and Clients.
    4. Hubble itself is not a party to any agreements entered into between the Office Providers and Clients in connection with any Space, nor is Hubble an owner, lessor, licensor, manager, or insurer of any Space. Hubble therefore has no control over and disclaims all liability in respect of the conduct of Office Providers, Clients and other users of the Site and Service or any Space, including with respect to non-payment of any amounts due to Office Providers by Clients under a Space Agreement or any non-conformity of a Space with the descriptions or pictures provided in a Listing.
    5. You must (whether you are a Client or an Office Provider) keep Hubble informed in relation to any Space Agreement you enter into (including any amendments or termination).
    6. You agree to provide such feedback, rankings and reviews as Hubble may reasonably request in respect of any Space Agreement and/or Space.
    7. You must ensure that any feedback you provide conforms with these Terms of Business, including ensuring that it does not contain any Prohibited Content (as defined below).
  10. Fees

    The following section applies to Office Providers only

    1. If you are an Office Provider and you enter into a Space Agreement with a Client that was referred to you by us through the Service (whether the Space Agreement was entered into before or after termination or closure of the Office Provider’s Account), we will charge you either:
      1. a fee of 10% of the Space Fee payable to you by the Client in respect of the first 12 months of the Space Agreement or the minimum term of the Space Agreement (whichever is greater) (the “Chargeable Term”), which will be payable by you to us on the commencement date of the Space Agreement (the “Upfront Hubble Fee”); or
      2. a fee of 15% of the Space Fee payable to you by the Client in respect of the Chargeable Term, which will be payable by you to us on a monthly basis in advance for entire Chargeable Term (the “Monthly Hubble Fee ”),as agreed between us or unless we expressly agree an alternative fee arrangement with you.
    2. The Upfront Hubble Fee or Monthly Hubble Fee will also be payable by you to us if a Client that was referred to you by us enters into a Space Agreement (whether with you or any other Office Provider), unless that Office Provider with which the Client enters into that Space Agreement agrees to pay the relevant Upfront Hubble Fee or Monthly Hubble Fee to us in writing.
    3. In the event that (a) the Space Agreement terminates before the end of the Chargeable Term; or (b) the Space Agreement is for a period of less than 12 months, then you shall be entitled to a pro rata refund of the Upfront Hubble Fee, subject to the provision of satisfactory evidence to Hubble that the Space Agreement has ended, and provided that you promptly inform Hubble if and when a Space Agreement terminates or expires.
    4. In the event of any change to the Space Fee payable by a Client to an Office Provider (or any of their respective affiliates) during the Chargeable Term, including where the Office Provider and the Client (or any of their respective affiliates) agree that the Client will occupy a new Space or to reduce the size of an existing Space:
      1. the Office Provider shall pay to Hubble on a pro rata basis any additional Upfront Hubble Fee payable in respect of the increased Space Fee; or
      2. Hubble shall refund to the Office Provider on a pro rata basis any Upfront Hubble Fee paid by the Office Provider in respect of the decreased Space Fee; or
      3. the Monthly Hubble Fee shall be adjusted to take into account the increase or decrease in the Space Fee from the date of such increase or decrease in the Space Fee.
    5. The Upfront Hubble Fee and Monthly Hubble Fee exclude VAT (if applicable), which shall be payable at the same time as the Upfront Hubble Fee or Monthly Hubble Fee.
    6. Hubble will submit an invoice in respect of the Upfront Hubble Fee or first Monthly Hubble Fee when the Client takes occupation of the Space. Subsequent invoices will be raised in advance as appropriate. The Office Provider agrees to pay all invoices within 30 calendar days of the date of the invoice.
    7. If the Office Provider fails to make any payment due to Hubble by the due date for payment, then the Office Provider shall pay interest on the overdue amount at the rate of 4% per cent per annum above Barclays Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Office Provider shall pay the interest together with the overdue amount. We may also suspend or terminate the Office Provider’s access to any Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by the Office Provider). However, charges will continue to be incurred until the Account is closed.
    8. The Office Provider shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Hubble may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Office Provider against any amount payable by Hubble to the Office Provider.
  11. Referrals

    The following section applies to Office Providers only

    1. We will consider that a Client has been referred to you by us through the Service, and that our Upfront Hubble Fee or Monthly Hubble Fee will become payable if you enter into a Space Agreement with a Client and:
      1. the Client first contacted the Office Provider, or arranged a first Viewing through our Service;
      2. we first contacted the Office Provider on behalf of the Client or arranged a first Viewing on behalf of the Client,unless the Office Provider can prove with documentary evidence, to our reasonable satisfaction, within 2 working days of the date of first introduction to the Office Provider, that the Office Provider has previously been in contact with the Client other than through the Service.
    2. In the event of a disputed introduction, the Office Provider must provide all related information and documentation in support of its dispute. Hubble agrees to review this information, together with its own documented evidence, in good faith, and determine whether the Upfront Hubble Fee or Monthly Hubble Fee are due. Hubble’s determination on the matter shall be final and binding on the Office Provider.
    3. We may monitor any communications between Office Providers and Clients to ensure that you are not attempting to circumvent the Service in order to avoid paying the Upfront Hubble Fee or Monthly Hubble Fee.
  12. Your right to use the Service

    1. You agree that you will not, nor allow anyone else to, use your Account:
      1. to interfere with or disrupt the provision of the Service or use the Service in a way that interferes with anyone else’s use of the Service;
      2. to further any criminal or fraudulent activity or to impersonate another person;
      3. to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
      4. otherwise in breach of any acceptable use guidelines that we may issue from time to time.
    2. Except to the extent expressly set out in these Terms of Business, you are not allowed to:
      1. Download and store the Service, or any content made available through the Service on a server or other storage device or create an electronic database by systematically downloading and storing all of the content of the Service;
      2. remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted; or
      3. create links to the Service from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Service, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
    3. You must only use the Service and anything available from the Service for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
  13. Intellectual property rights

    1. All intellectual property rights in the Service and any content made available through the Service (including any content, text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. We give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Business.
    2. Your right to use the Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Service does not stop us from giving other people the right to use the Service.
    3. Except as expressly set out here, nothing in these Terms of Business gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Service. In the event you print off, copy or store pages from the Service (only as permitted by these Terms of Business), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
  14. User content

    1. You confirm that any images, text or information that you upload to the Service, including any reviews that you post about Spaces, Office Providers or Clients (collectively, your “ User Content”), will not:
      1. contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (“ Prohibited Content”);
      2. impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
      3. contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
      4. transmit or distribute any virus and/or other code that has contaminating or destructive elements.
    2. We do not claim ownership of any User Content that you upload to our Service, and ownership will remain with you and any third party whose content you include in your User Content. You agree that, by uploading any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, for marketing purposes, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.
    3. You must ensure that you have all the relevant rights to grant us the licence in paragraph 14.2 for any content owned by a third party that you include in your User Content, and that your User Content will not otherwise infringe any other party’s rights.
    4. Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy www.hubblehq.com/privacy-policy which provides information on how we use your personal information.
    5. Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to monitor and delete, edit or modify any User Content submitted by you and/or to close any topic, page, group or remove any Listing at any time without notice to you.
  15. Confidentiality

    1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by paragraph 15.2.
    2. Each party may disclose the other party’s confidential information:
      1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms of Business. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this paragraph 15; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms of Business.
  16. Service suspension and termination

    1. Hubble may, with or without prior notice, terminate these Terms of Business or suspend and/or terminate any Service and/or your use of your Account in the event that:
      1. you have breached any of these Terms of Business;
      2. you fail to pay any correctly billed charges when due;
      3. you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction; or
    2. Hubble may also terminate these Terms of Business or terminate any Service and/or your use of your Account provided we give you reasonable notice of our intention to do so.
    3. If you have breached these Terms of Business, Hubble may take such action as it deems appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
      1. issue of a warning to you;
      2. immediate, temporary or permanent removal of any content submitted by you;
      3. immediate, temporary or permanent withdrawal of your right to use any Service;
      4. legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
      5. disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
    4. The responses described above are not limited, and Hubble may take any other action it deems appropriate.
    5. You may also terminate your Account at any time by emailing us at help@hubblehq.com and include “Delete Account” in the subject line.
    6. Upon termination of these Terms of Business or Service or your Account, for any reason:
      1. all rights granted to you under these Terms of Business will immediately cease;
      2. you must promptly discontinue all use of the relevant Service; and
      3. you must pay Hubble all outstanding amounts that you owe to Hubble.
  17. Our liability

    1. Nothing in these Terms of Business shall limit or exclude Hubble’s liability to you:
      1. for death or personal injury caused by Hubble’s negligence;
      2. for fraudulent misrepresentation;
      3. for any other liability that, by law, may not be limited or excluded.
    2. Subject to paragraph 17.1, in no event shall Hubble be liable to you for indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. In any event, any liability we do have for losses you suffer arising from these Terms of Business shall not exceed the charges payable by you for the relevant Service in that 12-month period and is strictly limited to losses that were reasonably foreseeable. To the extent that you have not paid us anything, we will have no responsibility to you whatsoever.
    3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Business that is caused by events outside our reasonable control.
    4. Hubble may, from time to time, with or without prior notice, temporarily suspend the operation of the Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. In addition, due to the nature of the Internet and technology, the Service is unfortunately provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Business and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
    5. Since Hubble itself is not a party to any agreements entered into between the Office Providers and Clients in connection with any Space, we will have no liability in respect of the Space or Space Agreement, including:
      1. any non-payment of any Space Fees or other charges payable by the Client to the Office Provider;
      2. any damage to any Space caused by a Client or by any other person;
      3. any losses suffered by a Client as a result of the unsuitability of, or any defect in, the Space.
    6. Whilst we try to make sure that all information provided through the Service (other than any User Content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. In addition, as we do not own or produce any User Content or other third party content made available on our Service, we cannot be responsible for it in any way. You agree that your use of any content made available to you on the Service is on an 'as is' and 'as available' basis and at your sole risk.
    7. Except to the extent provided expressly herein, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Service and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Service or relying on any of its content.
    8. We cannot and do not guarantee that any content of the Service will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
  18. Complaints, notice and takedown policy

    1. Complaints about any User Content, or any other content available through the Service, must be sent to help@hubblehq.com and must contain details of the specific User Content giving rise to the complaint.
    2. Any person may contact us by sending us notice (an “ Infringement Notice”) if any of the User Content or other content available through the Service infringes their rights. The Infringement Notice should be sent by email to help@hubblehq.com. Please provide the following information in the Infringement Notice:
      1. your name and contact details;
      2. a statement explaining in sufficient detail why you consider that the content available through the Service infringes your rights or fails to comply with these Terms of Business; and
      3. a link to or such other means of identifying the problematic content.
    3. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice or complaint, and will aim to respond to you within a reasonable period of time on the action we propose to take.
    1. The Service may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
  19. Changes to the Service

    1. We may change and improve the format and content of the Service from time to time, to provide you with new and innovative features and services and to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Service.
    2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“ changes to the Service ”). These changes to the Service may affect your past activities on the Service, features that you use, your User Content and any other information you submit to the Service (“ Service Elements”). Any changes to the Service could involve your Service Elements being deleted or reset.
    3. You agree that a key characteristic of the Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to any part of the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
  20. General

    1. You may not transfer or assign any or all of your rights or obligations under these Terms of Business.
    2. All notices given by you to Hubble must be given in writing to the address set out at the end of these Terms of Business. Hubble may give notice to you at either the email or postal address you provide to Hubble when registering on the Site.
    3. If Hubble fails to enforce any of its rights, that does not result in a waiver of that right.
    4. If any provision of these Terms of Business is found to be unenforceable, all other provisions shall remain unaffected.
    5. These Terms of Business may not be varied except with Hubble’s express written consent.
    6. These Terms of Business and any document expressly referred to in them represent the entire agreement between you and Hubble in relation to the subject matter of any agreement. Hubble is required by law to advise you that agreements may be concluded in the English language only and that no public filing requirements apply.
    7. These Terms of Business shall be governed by English law. You agree that any dispute between you and Hubble regarding these Terms of Business or any agreement will only be dealt with by the English courts.
  21. Contacting Hubble

    1. Please submit any questions you have about these Terms of Business, or any complaint or concern in relation to any Service by email to help@hubblehq.com or write to Hubble at: Hubble, WeWork, 51 Eastcheap, London EC3M 1JP.

Updated 12 November 2019

Hubble Pass Terms and Conditions

Introduction

Hubble operates a service that allows registered users to buy credits that they can redeem to access workplace solutions (such as co-working, meeting rooms or private offices) and other related facilities, products, services and benefits ("Hubble Credits"), and for users and providers of those facilities to manage the use of Hubble Credits (the "Hubble Pass Service").

These Hubble Pass Terms and Conditions (these "Hubble Pass Terms") sets out the terms and conditions on which you use the Hubble Pass Service to buy and redeem Hubble Credits.

By signing up to the Hubble Pass Service, you agree to and accept these Hubble Pass Terms.

  1. Information about Hubble

    The Hubble Pass Service is provided by Spacious Ltd, a company registered in England with company number 08739117 and its registered address at PO Box 501, The Nexus Building, Broadway, Letchworth Garden City, Hertfordshire, United Kingdom, SG6 9BL ("Hubble").

  2. Interpretation

    In these Hubble Pass Terms, save where the context requires otherwise, the following words and expressions have the following meaning:

    "Account" means the balance of Hubble Credits purchased by an Account Administrator, less any Hubble Credits redeemed in respect of Completed Bookings by Members of that Account Administrator's Organisation;

    "Account Administrator" means a Member that is responsible for:

    1. purchasing Hubble Credits for an Organisation;
    2. adding Members to an Organisation; and
    3. appointing other Account Administrators in respect of an Organisation,

    through the Hubble Pass Service;

    "Booking" means a request to redeem Hubble Credits at the Workplace Facilities;

    "Booking Data" means any information relating to a Booking, including:

    1. the Workplace Facilities to which the Booking relates;
    2. the date and time on which you will use the Workplace Facilities;
    3. the name and email address of the Member(s) submitting the Booking;
    4. any additional information or requests provided by you or the Member in relation to the Booking;

    "Bundles" means the specified amounts of Hubble Credits that Hubble makes available to you for purchase, as agreed between you and Hubble in accordance with clause 8.1(b);

    "Bundle Cost" means the amount payable by you to Hubble in respect of a Bundle, as agreed between you and Hubble in accordance with clause 8.1(b);

    "Commencement Date" means the date on which you agree to these Hubble Pass Terms;

    "Completed Booking" means a Booking confirmed by Hubble to you in accordance with clause 6.3, other than:

    1. a Booking cancelled by you in accordance with clause 6.5;
    2. a Booking cancelled by a Host and notified to you by Hubble in accordance with clause 6.6;

    "Confidential Information" means information which is identified as confidential or proprietary by either party, or by the nature of which is clearly confidential or proprietary;

    "Cut-off Time" means:

    1. if you wish to use Workplace Facilities the following working day, the time before which you must submit your Booking; and
    2. if you wish to cancel an existing Booking to use Workplace Facilities the following day, the time before which you must cancel an existing Booking in order for it not to be considered a Completed Booking,

    in each case as set out on the Hubble Pass Service;

    "Free Booking" has the meaning given to it in clause 7.1(a)

    "Free Trial Period" has the meaning given to it in clause 7.1(b);

    "Host" means a provider of Workplace Facilities;

    "Host Data" means the content and data that the Host makes available to you through Hubble in connection with the fulfilment of a Booking;

    "Host Terms and Conditions" means the terms and conditions on which the Host makes the Workplace Facilities available to you;

    "Hubble Credits" has the meaning given to it in the Introduction;

    "Hubble Pass Service" has the meaning given to it in the Introduction;

    "Hubble Pass Terms" means these terms and conditions of service, as amended from time to time;

    "Member" means a user of the Hubble Pass Service;

    "Organisation" means a group of Members that have been granted the right by an Account Administrator to redeem Hubble Credits available in an Account;

    "party" means you or Hubble (as applicable);

    "Price" means the number of Hubble Credits that will be redeemed in respect of the Completed Booking, as displayed on the Hubble Pass Service and confirmed to you in accordance with clause 6.3;

    "Subscription" means an agreement between the Account Administrator and Hubble to purchase a Bundle on a regular basis;

    "Term" has the meaning given to it in clause 3;

    "VAT" means value added tax (and any equivalent tax payable in any jurisdiction);

    "Virus" means any thing or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware, or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including works, Trojan horses, viruses and other similar things or devices; and

    "Workplace Facilities" means the workplace solutions and other facilities, materials, products or services that a Host makes available to Members through the Hubble Pass Service.

  3. Duration

    These Hubble Pass Terms shall commence on the Commencement Date and shall continue, unless and until it is terminated by you or Hubble giving to the other not less than thirty (30) days' written notice, or otherwise in accordance with clause 13 (the "Term").

  4. Accessing the Hubble Pass Service

    1. Hubble grants you a non-exclusive, non-transferable, non-sublicensable licence for the Term to access and use the Hubble Pass Service to submit and manage Bookings, redeem Hubble Credits and, where applicable, purchase Hubble Credits, in accordance with and subject to the terms and conditions of these Hubble Pass Terms.

    2. You must:

      1. treat any username and password used to access the Hubble Pass Service as Confidential Information;
      2. not disclose such information to any third party; and
      3. take appropriate safeguards in accordance with good industry practice to prevent unauthorised access to the Hubble Pass Service.
    3. You will be responsible for any activities that occur under your account on the Hubble Pass Service.

    4. You should use "strong" passwords (using a combination of upper and lower case letters, numbers and symbols) with any account that you have on the Hubble Pass Service.

    5. You must prevent any unauthorised access to, or use of, the Hubble Pass Service, and must promptly notify Hubble in the event of any such unauthorised access or use. If you have any concerns about the login details for your account on the Hubble Pass Service, or think any of them may have been misused, you must notify Hubble at help@hubblehq.com. You must immediately notify Hubble if you become aware that your login details are lost, stolen, or otherwise compromised.

  5. Account Administrators

    1. An Account Administrator in respect of an Organisation shall be:

      1. the Member that creates an Organisation on the Hubble Pass Service;
      2. any other Member appointed by an Account Administrator in respect of that Organisation using the features and functionalities of the Hubble Pass Service.
    2. A Member shall not be associated with an Organisation unless:

      1. that Member has created the Organisation on the Hubble Pass Service; or
      2. that Member has been approved or added to an Organisation by an Account Administrator in respect of that Organisation using the features and functionalities of the Hubble Pass Service.
    3. If you are an Account Administrator, in order to withdraw from an Organisation you must:

      1. notify Hubble; and
      2. ensure that there is at least one Account Administrator associated with that Organisation after you cease to be a part of that Organisation.
  6. Making Bookings

    1. You may request to use Workplace Facilities by submitting a Booking to Hubble.

    2. Each Booking shall be deemed to be a separate offer by you to redeem Hubble Credits in accordance with the applicable Booking Data, which Hubble shall be free to accept or decline, on behalf of the Host, at its absolute discretion.

    3. Hubble shall notify you if it accepts a Booking on behalf of the Host and shall confirm to you the applicable Price(s). No Booking shall be binding on Hubble or a Host unless and until Hubble notifies you, on behalf of the Host, that it accepts the Booking in accordance with this clause 6.3.

    4. Hubble shall have no obligation to process a Booking unless the Booking is submitted not later than the Cut-off Time on the working day before the date on which you request to use the Workplace Facilities as specified in the Booking Data, and either:

      1. there are more unused Hubble Credits in your Organisation's Account than the value of the applicable Price(s); or
      2. the Booking is a Free Booking submitted during a Free Trial Period.
    5. You must promptly, and in any event no later than the Cut-off Time on the working day before the date on which you or a Member are due to use the Workplace Facilities in accordance with the Booking Data, notify Hubble of any request to cancel a Booking.

    6. Hubble shall promptly notify you if a Host cancels a Booking for any reason.

    7. You shall be responsible for your use of the Workplace Facilities, including (without limitation) for complying with the Host Terms and Conditions applicable to any Workplace Facilities that you use. You shall indemnify Hubble and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer's fees) arising out of any non-compliance by you with the Host Terms and Conditions.

    8. Hubble does not give any representations, warranties or conditions of any kind, and shall not be responsible to you, with respect to your use of the Workplace Facilities, including (without limitation) with respect to:

      1. the quality, availability, suitability or fitness for a particular purpose of the Workplace Facilities;
      2. conformance of the Workplace Facilities with any description provided to you by Hubble or otherwise.
  7. Free Trial

    1. If you create an Organisation, you and Hubble shall agree:

      1. the number of Completed Bookings submitted by each Member of that Organisation to Hubble in respect of which, subject to clause 7.2 and clause 7.3, no Price will be due (the "Free Bookings");
      2. the period during which such Free Bookings may be submitted to Hubble (the "Free Trial Period").
    2. Hubble shall notify you if any Workplace Facilities are not eligible for Free Bookings.

    3. Hubble may, without liability, terminate any Free Trial Period by written notice to the Account Administrator with immediate effect.

  8. Purchasing and Redeeming Hubble Credits

    1. If you are an Account Administrator:

      1. you shall be responsible for purchasing Hubble Credits for use by your Organisation;

      2. you and Hubble shall agree, prior to your first purchase of Hubble Credits, the terms of your Subscription, including:

        1. the amount of Hubble Credits in each Bundle;
        2. the Bundle Costs to be paid by you in respect of any Bundles;
        3. the Bundle that you shall purchase and the frequency with which you shall purchase that Bundle (the "Regular Purchase Date");
      3. you may, at any time:

        1. change the Bundle that you purchase on each Regular Purchase Date;
        2. change the Regular Purchase Date,

        by giving to Hubble not less than one (1) day's notice prior to the next Regular Purchase Date;

      4. provided you have an ongoing Subscription, you may purchase Bundles in addition to your Subscription by submitting a request to Hubble specifying the Bundle you wish to purchase.

    2. Hubble shall charge you the applicable Bundle Cost on each Regular Purchase Date (and, where applicable, promptly following a request submitted under clause 8.1(d)) unless you notify Hubble that you do not wish to purchase the Bundle on the next Regular Purchase Date at least one (1) day prior to that Regular Purchase Date.

    3. Hubble shall not process any request to purchase Hubble Credits other than a request from an Account Administrator to purchase a Bundle.

    4. All amounts stated or referred to in these Hubble Pass Terms:

      1. are payable in pounds sterling; and
      2. are exclusive of VAT unless otherwise expressly stated, which shall be payable at the same time as payment of any Bundle Costs.
    5. Other than Free Bookings submitted during the Free Trial Period, Hubble shall, in respect of each Completed Booking, pay any amounts due to the Host in respect of that Completed Booking on your behalf and shall deduct the applicable Price(s) from your Organisation's Account.

    6. Hubble shall, upon request, make available to you any VAT invoices issued by Hosts in respect of the amounts due to the Host in respect of Completed Bookings.

    7. Hubble may increase the Bundle Cost and Prices by giving to you not less than one (1) month's notice in writing, provided that no changes to the Bundle Costs or Prices shall apply to any request to purchase Bundles or Bookings submitted prior to, or during the one (1) month notice period.

    8. Hubble Credits have no monetary value and are non-refundable or redeemable for any amount of money.

  9. General obligations

    1. You:

      1. must comply with all applicable laws and regulations with respect to your use of the Hubble Pass Service and your activities under these Hubble Pass Terms;
      2. must use the Hubble Pass Service in accordance with the terms of these Hubble Pass Terms;
      3. must notify Hubble in writing if there are any changes to any of your contact details;
      4. are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems in order to use the Hubble Pass Service; and
      5. must not do, or allow other persons to do, any of the following:
        1. access, store, distribute, or transmit any Virus in connection with your use of the Hubble Pass Service;
        2. use the Hubble Pass Service to access, store, distribute, or transmit any material that is unlawful, harmful, threatening, defamatory, inflammatory, violent, obscene, infringing, harassing, or racially or ethnically offensive;
        3. use the Hubble Pass Service in a manner that is illegal or causes damage or injury to any person or property;
        4. use any automated system, including without limitation "robots", "spiders", or "offline readers", to access or use the Hubble Pass Service in a manner that sends more request messages to Hubble than a human can reasonably produce in the same period of time by using a conventional online web browser;
        5. attempt to interfere with or compromise the integrity or security of the Hubble Pass Service,

      and Hubble reserves the right, without liability or prejudice to its other rights under these Hubble Pass Terms, to disable your access to all or any part of the Hubble Pass Service, for any breach of any provision of this clause 9.1(e).

    2. Hubble may monitor your use of the Hubble Pass Service to ensure the quality of, and improve, the Hubble Pass Service, and verify your compliance with these Hubble Pass Terms.

  10. intellectual property rights

    1. Except as expressly set out in these Hubble Pass Terms, Hubble does not grant to you any rights to or licenses in respect of any part of the Hubble Pass Service.
    2. You must not:
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Hubble Pass Service in any form or media or by any means;
      2. attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Hubble Pass Service; or
      3. access all or any part of the Hubble Pass Service in order to build a product or service which competes with the Hubble Pass Service, or use or attempt to use the Hubble Pass Service to compete directly with Hubble.
    3. You agree to provide, on Hubble's reasonable request, regular feedback to Hubble in relation to your use of the Hubble Pass Service. By submitting feedback, you acknowledge that Hubble may use and allow others to use this feedback in the Hubble Pass Service or otherwise without any restriction and without payment of any kind to you.
  11. Confidential information

    1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Hubble Pass Terms. A party's Confidential Information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving party;
      2. was in the other party's lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
      4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
      5. is required to be disclosed by law, by any court of competent jurisdiction, or by any regulatory or administrative body.
    2. Each party shall hold the other party's Confidential Information in confidence and, unless required by law, shall not make the other party's Confidential Information available for use for any purpose other than as needed to perform the terms of these Hubble Pass Terms.
    3. Each party shall take all reasonable steps to ensure that the other party's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these Hubble Pass Terms.
    4. Each party shall take a backup of its own Confidential Information and shall not be responsible to the other party for any loss, destruction, alteration, or disclosure of Confidential Information.
  12. Availability and Support

    1. Hubble will use commercially reasonable endeavours to make the Hubble Pass Service available with an uptime rate of 99%, except for:
      1. planned maintenance; and
      2. unscheduled maintenance during normal business hours (UK time) or otherwise, for which Hubble will use reasonable endeavours to give you advance notice.
    2. Hubble will use reasonable endeavours to provide a level of support and advice on the use of the Hubble Pass Service that is appropriate to the nature of any issues requiring support or advice during normal working hours (UK).
    3. You must provide all support reasonably required by Hubble to perform its obligations under this clause 12, including providing reasonably detailed descriptions of issues and updates on the performance of the Hubble Pass Service.
  13. Termination

    1. Without prejudice to any other rights and remedies available to it, either party may terminate these Hubble Pass Terms at any time with immediate effect on giving notice in writing to the other party, if that other party:
      1. is in material or persistent breach of any of the terms of these Hubble Pass Terms and either that breach is incapable of remedy, or, if capable of remedy, the other party fails to remedy the breach within thirty (30) days after receiving written notice requiring it to remedy the breach; or
      2. is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
    2. On termination of these Hubble Pass Terms for any reason:
      1. all rights and licenses granted under these Hubble Pass Terms shall immediately terminate and your right to access and use, and grant Members the right to access and use the Hubble Pass Service will end;
      2. each party shall return to the other party or (at the other party's request) destroy, and make no further use of, any Confidential Information (and all copies thereof) belonging to the other party (provided that each party may retain documents and materials containing Confidential Information to the extent required by law or any applicable governmental or regulatory authority).
    3. Hubble will, at its option, provide you with a copy of any Booking Data if you request your Booking Data within fourteen (14) days after the expiry or termination of these Hubble Pass Terms. Hubble may thereafter:
      1. delete any Booking Data at any time;
      2. retain Booking Data upon expiry or termination of these Hubble Pass Terms in order to comply with applicable law, or as Hubble may deem necessary to prosecute or defend any legal claim (in which case Hubble may retain Booking Data for a reasonable period of time pending resolution of such obligation or issue).
    4. Termination of these Hubble Pass Terms for whatever reason shall not affect any rights or remedies of the parties that have accrued up to the date of termination.
    5. Any provision of these Hubble Pass Terms that expressly or by implication is intended to come into force or continue in force on or after expiry or termination of these Hubble Pass Terms shall survive and continue in full force and effect.
  14. Limited Warranty

    1. Hubble undertakes to make the Hubble Pass Service available as set out in clause 12.1, and your sole and exclusive remedy, and Hubble's sole liability, with respect to any failure by Hubble to provide the Hubble Pass Service in accordance with clause 12.1 is for Hubble to use commercially reasonable efforts to repair the affected part of the Hubble Pass Service so that it is available in accordance with clause 12.1.
    2. Other than as set out in clause 14.1, the Hubble Pass Service is provided on an "AS IS" basis and Hubble gives no representations, warranties, conditions or other terms of any kind in respect of the Hubble Pass Service, whether express or implied, including (but not limited to) warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
    3. Except as expressly provided for in these Hubble Pass Terms:
      1. all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Hubble Pass Terms;
      2. Hubble will not be responsible for any interruptions, delays, failures, or non-availability affecting the Hubble Pass Service or the performance of the Hubble Pass Service which are caused by third party services, errors or bugs in third party software, hardware, or the Internet on which Hubble relies to provide the Hubble Pass Service, or any changes to the Hubble Pass Service made by you or on your behalf, and you acknowledge that Hubble does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the internet.
  15. Liability and Indemnity

    1. Subject to clause 15.2 and clause 15.4, neither party will be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss arising under or in connection with these Hubble Pass Terms in conditions that fall into any of the following categories: loss (whether direct or indirect) of profit, goodwill, business, business opportunity, revenue, turnover or reputation; loss (whether direct or indirect) of anticipated saving or wasted expenditure; loss (whether direct or indirect) in connection with loss of or damage to data; or any special, indirect or consequential damage or loss, costs or expenses.
    2. Nothing in these Hubble Pass Terms excludes or limits either party's liability for death or personal injury caused by that party's negligence, or for fraud or fraudulent misrepresentation.
    3. Subject to clause 15.2, with respect to any claims arising under or in connection with these Hubble Pass Terms, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, (collectively, "Claims"), Hubble's total aggregate liability for any Claim shall, in all circumstances, be limited to the amount paid by you in respect of the unused Hubble Credits in your Organisation's Account at the date the Claim arose.
    4. You shall indemnify and defend Hubble, and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer's fees) arising out of a claim brought by a third party in relation to your use of the Hubble Pass Service or any Workplace Facilities.
  16. Changes to the Hubble Pass service or the Hubble Pass Terms

    1. You acknowledge that Hubble is always innovating and finding ways to improve the Hubble Pass Service with new features and services. You therefore agree that the Hubble Pass Service may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the Hubble Pass Service.
    2. Hubble may amend these Hubble Pass Terms upon giving you at least thirty (30) days' notice in writing. If you are unhappy with the amendment, you may terminate these Hubble Pass Terms by providing at least fifteen (15) days' written notice to Hubble. The proposed amendments shall not take effect during the notice period.
  17. General

    1. Written communications

      Applicable laws may require that some of the information or communications that Hubble sends to you should be in writing. When using the Hubble Pass Service, you accept that communication with Hubble will mainly be electronic, including email. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that Hubble provides to you electronically comply with any legal requirement that such communications be in writing.

    2. Notices

      All notices given by you to Hubble must be submitted to help@hubblehq.com. Hubble may give notice to you using the contact details set out in the Signup Form. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

    3. Transfer of any rights and obligations

      You may not transfer, assign, charge or otherwise deal in these Hubble Pass Terms, or any of your rights or obligations arising under these Hubble Pass Terms, without Hubble's prior written consent.

    4. Events outside a party's control

      Neither party shall be liable to the other party for any delay or non-performance of any of its obligations under these Hubble Pass Terms arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, Internet failure, act of God, act of a third party unless an approved sub-contractor of Hubble, governmental act, war, fire, flood, explosion, or civil commotion.

    5. Third party rights

      Other than as expressly stated in these Hubble Pass Terms, a person who is not a party to these Hubble Pass Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

    6. Rights and remedies

      Except as expressly provided in these Hubble Pass Terms, the rights and remedies provided under these Hubble Pass Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

    7. Entire agreement

      These Hubble Pass Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Hubble Pass Terms.

    8. No partnership or agency

      Nothing in these Hubble Pass Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

    9. Variation

      No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

    10. Waiver

      No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

    11. Severability

      If any provision of these Hubble Pass Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions of these Hubble Pass Terms shall not be prejudiced.

    12. Law and jurisdiction

      These Hubble Pass Terms shall be governed by, and construed in accordance with, English law, and each party hereby submits to the exclusive jurisdiction of the courts of England.