VENUE SUPPLY TERMS & CONDITIONS

This page (together with the additional terms and conditions provided in the SpaceMonster Rules and Cancelation Policy section of the SpaceMonster Profile) tells you the terms and conditions on which you will be the supplier (“venue provider”) of space you have made available for hire on our website www.bigspacemonster.com (“our site”) to the customer. Please read the terms and conditions carefully before making any space available through our site. You should understand that by confirming a Provisional Booking or accepting a Contact Request you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. PLEASE PARTICULARLY NOTE THE INDEMNITY SET OUT AT CLAUSE 9 WHERE YOU AGREE TO INDEMNIFY US THE USE OF THE SPACE HIRED TO A CUSTOMER THROUGH THE SITE.

By creating an account to make space available through Our Site you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to make any space available for hire through Our Site.

1. Information about us

1.1 www.bigspacemonster.com is a site operated by Anacle Systems Limited (us, we, our). We are registered in Singapore under company registration number 200602329Z and with our registered office at 1 Fusionopolis View, Sandcrawler #08-02 Singapore 138577.

1.2 Definitions in these terms and conditions: Our Site: The website as found at the root domain http://www.bigspacemonster.com and including all subdomains.

1.3 SpaceMonster Profile: The web page whose content is provided by the Venue Provider which describes the space available for hire and is found on Our Site.

1.4 SpaceMonster Rules: Those terms as described in the section of the SpaceMonster Profile labeled “SpaceMonster rules”. Customer: The party hiring space from the Venue Provider

1.5 Booking Contract: The contract between the Venue Provider and the Customer resulting from acceptance of a Provisional Booking, the terms of which are contained in the Email Confirmation.

1.6 Agency Contract: The contract between the Venue Provider and Us, the terms of which are described in this paragraph 3.7, 3.8 and 3.9.

1.7 Agreed Commission: The amount of commission on the cost of a booking advertised on Our Site that the Venue Provider agrees to pay Us in the event of a booking resulting from the acceptance of a Contact Request or a Provisional Booking. In the case of Agreed Commission resulting from a Contact Request, Agreed Commission will be invoiced after the Booking Date unless the customer pays through Our Site in which case the Agreed Commission will be deducted at source. In the case of Agreed Commission resulting from acceptance of a Provisional Booking, Agreed Commission will be deducted at source. The level of the Agreed Commission will be calculated at Our discretion and will be at 8%.

1.8 Booking Date: The time and date at which the booking occurs and the Venue Provider supplies physical access to the venue to the Customer.

1.9 Venue Provider (“You”): The party in control on the venue who has listed the space available on Our Site.

1.10 Provisional Booking: A price and time for which the customer has submitted an unconfirmed request, and payment details, which is made temporarily unavailable on the relevant SpaceMonster Profile and which has not been denied by the Venue Provider and less than 7 days have elapsed since the time when the confirmed request was submitted and more than 48 hours remain before the time of the booking.

1.11 Contact Request: A request by the Customer to initiate contact with the Venue Provider to arrange payment directly to the Venue Provider for a booking at a price and time designated by the Customer and made temporarily unavailable on the relevant SpaceMonster Profile.

1.12 Proposed Booking: An offer to hire the Venue Provider’s space at a specified date and time made by the Customer through a Contact Request.

1.13 Email Confirmation: An email sent by Us to both the Venue Provider and Customer as a result of a Booking Contract being formed between a Venue Provider and Customer.

1.14 Email Agency Confirmation: An email sent by Us to the Venue Provider as a result of an Agency Contract being formed between Us and a Venue Provider.

2. Your status

2.1 By making space available through the site, You warrant that:

a) You are legally capable of entering into binding contracts; and b) You are at least 21 years old

3. How the Booking Contracts and Agency Contracts are formed

3.1 When you make a space available for hire on Our Site by creating a SpaceMonster Profile, you agree to accept Provisional Bookings and respond to Contact Requests through Our Site.

3.2 When a customer makes a Provisional Booking through Our site you will receive an e-mail from the Customer via Our Site informing you that they wish to make a booking and to provide payment according to the details recorded in that email. This does not mean that the booking has been accepted.

3.3 If You accept the Provisional Booking by clicking on the link labelled “Confirm” then You will be put in contact with the Customer and payment will be taken from the Customer and transferred into the Venue Provider’s bank or PayPal account, less the Agreed Commission. A Booking Contract will be formed between yourself and the Customer upon the receipt of an Email Confirmation by both the Venue Provider and Customer which will be automatically issued at this point via Our Site. It is agreed that the Booking Contract will also be subject to the terms described in the SpaceMonster Rules section of the SpaceMonster Profile.

3.4 The Booking Contract will relate only to the space or spaces whose hire has been confirmed in the Email Confirmation. You will not be obliged to supply another space which may have been part of the order until the hire of such space has been confirmed in an Email Confirmation.

3.5 The Booking Contract may be cancelled by the Customer according to the terms set out in the Venue Provider’s cancellation policy on its SpaceMonster Page and by the Venue Provider according to the cancellation terms set out in Section 4.3 of this document.

3.6 If You agree to continue the Provisional Booking by clicking on the link labelled ‘Contact Customer’, money will not be taken from the Customer until seven days have elapsed since the time when the Provisional Booking was submitted or less that 48 hours remain before the Booking Date, at which point payment will be taken from the customer and transferred into the Venue Provider’s Bank or PayPal account, less the Agreed Commission and a Booking Contract will be formed.

3.7 In the event that the Customer makes a Contact Request for a Proposed Booking, and in the event that the Venue Provider clicks on the link labelled ‘Confirm’ or ‘Contact Customer’ in response to this request, and that the Proposed Booking is not cancelled by the Venue Provider or the Customer in advance of the Booking Date, an Agency Contract will be formed between Us and the Venue Provider. This Agency Contract will be formed upon receipt of an Email Agency Confirmation. In this case, any booking contract will be between the Customer and the Venue Provider and SpaceMonster will not have any contractual obligation regarding this booking.

3.8 By entering into an Agency Contract, the Venue Provider agrees to pay Us the Agreed Commission, which will be invoiced by Our Site after the Booking Date, unless the customer pays through Our Site in which case the Agreed Commission will be deducted at source.

3.9 The terms of payment of Agency Contract invoices are as follows and are agreed to by the Venue Provider in accepting these Terms and Conditions of Supply:

3.9.1 The Venue Provider will have 14 days from the date the invoice is issued to respond and to request that the invoice be amended. For example, if the Customer has violated the SpaceMonster Rules.

3.9.2 The Venue Provider will have 21 days from the date the invoice is issued to settle the invoice and pay the full amount due to Us using the preferred payment methods described in the invoice.

4. Consumer Rights, Cancellation and Refunds

4.1 The majority of the provisions of the Consumer Protection (Distance Selling) Regulations 2000 do not apply to contracts for the “provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period”.

4.2 The terms under which a Customer can cancel the Booking Contract are determined by the Venue Provider and can be found on the SpaceMonster Profile of each space. The Customer and Venue Provider agree to these terms as part of the Booking Contract.

4.3 The Venue Provider may cancel a Booking Contract at any point before money has changed hands, but not after money has changed hands, at no cost to the Venue Provider. The Venue Provider may cancel a Booking Contract at any point after money has changed hands, but Venue Provider will not be refunded any Agreed Commission deducted by Us unless the Customer is deemed to be in breach of the terms described in the SpaceMonster Rules.

4.4 You must cancel a Booking Contract through Our Site, or through a link in an email sent by us, upon which you will be sent an email to confirm the cancellation. If you do not receive this email within 24hrs please contact us at bigspacemonster@anacle.com. The Booking Contract is not cancelled until you receive this confirmation email.

4.5 All pictures and descriptions of spaces on our site are the responsibility of the Venue Provider and they accept full responsibility for their accuracy.

5. Availability of Space

Availability of space and response to Provisional Bookings, Proposed Bookings and Contact Requests is the responsibility of the Venue Provider. We accept that availability may not always be accurate and that Provisional Bookings may be rejected on this basis. We encourage the Venue Provider to provide accurate availability but accurate availability remains the sole responsibility of the Venue Provider.

In the event that a Customer is not supplied access to the agreed space by the Venue Provider on the Booking Date resulting from a Booking Contract the Venue Provider will be liable to pay the Customer a full refund and will be liable for any Agreed Commission.

The Venue Provider will process Provisional Bookings within a reasonable time unless there are exceptional circumstances, in which case they will contact Us via the email bigspacemonster@anacle.com.

6. Risk

6.1 The use of space will be at the Customer’s own risk

7. Price and payment

7.1 The price of any space available for hire will be quoted on our site.

7.2 Venue Providers may change prices at any time, but changes will not affect orders which have already received an Email Confirmation.

7.3 It is possible that some prices may be priced incorrectly by the venue provider. If a space’s correct price is higher than the price stated on the site, the Venue Provider will normally, at their discretion, either contact the Customer for instructions before confirming the hire, or reject the Customer’s order.

7.5 We nor the Venue Provider are under any obligation to provide the hire of a space to the Customer at an incorrect (lower) price, even after the Customer has been sent Email Confirmation, if the pricing error is obvious and unmistakable and could have reasonably recognized by you as a miss- pricing.

7.6 Payment through Our Site for all spaces hires must be by Credit cards or by PayPal. We will not charge the Customer until an Email Confirmation has been sent, at which point a Booking Contract will be formed.

7.7 We will invoice Venue Providers all monies due to Us at our discretion after the Booking Date.

8. We are not responsible for any further delay in payment that may be caused by our payment platform, it should be noted that it may take 7 days or more for monies to reach a Venue Provider’s account from the time that the Customer sends the monies.

8.1 We make no warranty to the Customer that any space hired through us is of satisfactory quality and reasonably fit for all the purposes for which the space is required. If for any reason the Customer is not content with the space they hired, their claim is against the Venue Provider.

8.2 Our liability for losses the Venue Provider or Customer suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the price of the hire of the space and any losses which are foreseeable consequences of us breaking the agreement. Losses are foreseeable where they could be contemplated by the Venue Provider and the Customer and us at the time the Provisional Booking was formed.

8.3 This does not include or limit in any way Our liability:

a) For death or personal injury caused by Our negligence;

b) For fraud or fraudulent misrepresentation;

c) For any deliberate breaches of these Terms by Us that would entitle You to terminate the contract between Us.

d) For any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us and even if such losses result from a deliberate breach of these Terms by us that would entitle You to terminate the contract between Us, including but not limited to:

a) loss of income or revenue

b) loss of business

c) loss of profits or contracts

d) loss of anticipated savings

e) loss of data, or

f) waste of management or office time however arising and whether caused by tort (including negligence), breach of conduct or otherwise even if foreseeable;

9. Indemnity

YOU AGREE TO INDEMNIFY US IN REPECT OF ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, LOSS OF PROFIT, LOSS OF REPUTATION AND ALL INTEREST, PENALTIES AND LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER PROFESSIONAL COSTS AND EXPENSES SUFFERED OR INCURED BY US ARISING OUT OF OR IN CONNECTION WITH THE HIRING OF YOUR VENUE THROUGH OUR SITE UNLESS DIRECTLY AS A CONSEQUENCE OF THE TECHNICAL FAILURE OF THE SITE.

10. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, You accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

11. Notices

All notices given by You to Us must be given in writing to bigspacemonster@anacle.com or Anacle Systems Limited, 1 Fusionopolis View, Sandcrawler # 08-02 Singapore 138577. We may give notice to You at either the e-mail or postal address You provide to Us, or in any of the ways specified in clause 11 above. Notices will be deemed received and properly served immediately when posted on Our Website, 24 hours after an email is sent, or three days after the date of posting of any letter sent within the Singapore, or five days after the date of posting any letter sent outside the Singapore. 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.

12. Transfer of rights and obligations

12.1 The Booking Contract is between the Customer and the Venue Provider and is binding on both parties and their respective successors and assigns.

12.2 The Agency Contract is between the Us and the Venue Provider and is binding on both parties and their respective successors and assigns.

12.3 The Venue Provider may not transfer, assign, charge or otherwise dispose of a Booking Contract or an Agency Contract, or any of Your rights or obligations arising under it, without Our prior written consent.

12.4 The Venue Provider may not transfer, assign, charge, sub-contract or otherwise dispose of a Booking Contract or Agency Contract, or any of Our rights or obligations arising under it, at any time during the term of the contract.

13. Events outside Our control

13.1 We, nor the Venue Provider, nor the Customer, will be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a contract that is caused by events outside Our or the Venue Provider or the Customer’s reasonable control (Force Majeure Event)

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

a) Strikes, lock-outs or other industrial action

b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

c) Fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.

d) Impossibility of the use of motor transport or other means of public or private transport.

e) Impossibility of the use of public or private telecommunications networks

f) The acts, decrees, legislation, regulations or restrictions of any government.

Our, or the venue provider’s, or the customer’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have the extension of time for performance for the duration of that period. We, or the Venue Providers, or the Customer will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

14. Waiver

14.1 If We, the Venue Provider or the Customer fail, at any time during the term of a contract, to insist upon strict performance of any obligations under the contract or any of these terms and condition, or in We or the Customer fail to exercise any of the rights or remedies to which We or the Customer are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by Us, the Venue Provider or the Customer of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by Us, the Venue Provider or the Customer of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to all parties involved in writing in accordance with clause 10.

15. Severability

If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire Agreement

16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement or understanding between us, relating to the subject matter of any contract.

16.2 We each acknowledge that, in entering into a contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that contract or not) other that as expressly set out in these terms and conditions.

16.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a representation shall be for breach of contract as provided in these terms and conditions.

16.4 Nothing in this clause shall limit or exclude any liability for fraud.

17. Our rights to vary these terms and conditions

17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.

17.2 You will be subject to the policies and terms and conditions in force at the time that You enter into a Booking Contract or Agency Contract, unless any changes to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to spaces previously placed by You)

18. Law and jurisdiction

Contracts for the purchase of products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-commercial disputed or claims) will be governed by Singapore law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the court of Singapore.

BOOKING OF VENUE TERMS & CONDITIONS

Booking of venue are subject to the following Terms & Conditions:

1. All bookings are performed by Anacle Systems Limited ("Anacle"), operator of www.bigspacemonster.com, as agent for and on behalf of the venue management or owner ("Venue Owner") responsible for the venue that is booked ("Venue"). All bookings are subject to availability and acceptance by Anacle. Anacle reserves the right to accept or reject any booking. By booking a Venue you agree, on your own behalf and as agent on behalf of all persons for whom you are booking the Venue or who will be using the Venue booked by you (you and each such person being a "Venue User"), to be bound by these Terms and Conditions.
2. Anacle has no control over the maintenance or management of the Venue. Anacle, its agents and employees shall not be liable for any death, personal injury (unless such death or personal injury was caused by the negligence of Anacle), loss or damage however caused while in the Venue nor are they liable for any complaints, claims, refunds, or exchange for any reason whatsoever, including without limitation but subject to Conditions (5) - (12) below, cancellation or postponement of the booking. Booking fees and all handling fees shall not be refundable. Any other refunds shall be made only at the Venue Owner's discretion and on the Venue Owner's account.
3. No exchange of bookings will be made under any circumstances and bookings are not transferable and may not be resold. Anacle and the Venue Owner each reserves the right to cancel any bookings that have been transferred or resold and to deny any such Venue User entry.