Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).

  1. About us
    1. Company details. Space and Rock Limited (company number 10808616) (we and us) is a company registered in England and Wales and our registered office is at 1 Crelly Farm Cottage Crelly, Trenear, Helston, United Kingdom, TR13 0EY. Our main trading address is 1 Crelly Farm Cottage Crelly, Trenear, Helston, United Kingdom, TR13 0EY. We operate the website spaceandrock.co.uk (Our Site).
    2. Contacting us. To contact us telephone our customer service team at 020 33725954  or e-mail [email protected] during our business hours. Our offices operate between 9.30am and 5pm (Business Hours). Our offices are open Monday to Friday (Business Days). How to give us formal notice of any matter under the Contract is set out in clause 17.2.
    3. Professional indemnity insurance. We maintain professional liability and cyber security insurance. Our insurer is [NAME AND ADDRESS OF INSURER], and our policy number is [POLICY NUMBER].
  2. Our contract with you
    1. We offer an online platform for wedding spaces and suppliers to advertise their services. We provide a platform for couples seeking unique wedding spaces and suppliers (Services). Our Site has been designed to make it easy for potential customers to search for wedding spaces and suppliers. Any descriptions or illustrations of the services we provide on our Site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
    2. Our contract. These terms and conditions (Terms) apply to the supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    3. Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    4. Language. These Terms and the Contract are made only in the English language.
    5. Your copy. You should print a copy of these Terms or save them to your computer for future reference.

 

  1. Placing a LISTING ON OUR SITE and its acceptance
    1. Placing your listing. Please follow the onscreen prompts on our Site to place your listing. You may only submit a listing using the method set out on the Site. Any listing made on our Site is subject to these Terms. You warrant that the information you input is accurate and complete and we take no responsibility for the information you input in the listing.
    2. Correcting input errors. Our listing process allows you to check and amend any errors before submitting your listing to us. Please check the information you have inputted carefully before confirming it. You are responsible for ensuring that your listing is complete and accurate.
    3. Acknowledging receipt of your request to be listed on our Site. After you have completed the online process to request your listing be placed on our Site, you will receive an email from us acknowledging that we have received it, but this does not mean that your listing has been accepted. Our acceptance of your listing will take place as described in clause 3.4.
    4. Accepting your listing. Our acceptance of your listing takes place when we send an email to you explicitly confirming that we accept it, at which point and on which date the Contract between you and us will come into existence (Commencement Date). Listings will only be accepted on Business Days during our Business Hours.
    5. If we cannot accept your listing. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not list you on our Site.
    6. Amending your listing. Your listing can be amended by submitting a request through our Site.  
  2. Cancelling your LISTING
    1. You may request for us to remove your listing on our Site if you notify us as set out in clause 4.2 within 5 Business Days of the Commencement Date.
    2. To cancel the Contract, you must email us at [email protected] confirming this is the case within 5 Business Days of the Commencement Date. We will email you to confirm we have received your cancellation. Your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on the 5th Business Day of receiving the Listing Confirmation.
    3. If you cancel the Contract, and you owe us money, we will invoice you for the outstanding balance and we may charge you for any administrative costs associated with cancelling the Contract. The administrative costs for cancelling the contract will be £25 but are subject to change. Any charges will be notified to you on our Site.

 

  1. Our services
    1. Space providers. We do not list established wedding venues on our Site unless they offer something truly unique. If you own or operate a space suitable for weddings the following terms will apply in relation to the Contract between you and us:
      1. Details of your listing. Property and business names and surnames must not be included in your listing or any correspondence you have with a customer until a customer has requested to view your space or made a booking for your space through our Site. No links to your property/business website or social media platforms can be shared with the customer until a customer has requested to view your space or made a booking for your space through our Site. You acknowledge that we will police this using third party services.
      2. It is free to be listed on our Site but we charge a commission payment on any bookings you receive from customers through our Site. When a booking is made for your space through our Site a 8% commission fee is payable by you to us in relation to the agreed hire fee for the space.  
      3. You decide the fee to be charged for your space on your Site listing. We can however support you in deciding what to charge for your space. You must list your best price on our Site. You must not offer a discounted price to customers unless this option is set out in your listing details. You must not authorise discount on your space unless it has been approved by us in your listing details. Please see our FAQs on our Site.
      4. You do not need to have a wedding licence to be listed on our Site. Any end customer can use a celebrant at your space but they will need to legalise their marriage separately.
      5. We will market your space. We will advertise your space on social media platforms and in blogs we contribute to.
      6. How bookings are made for your space. Customers who have seen your space advertised on our Site and wish to view your space will contact you directly to arrange a viewing. If, following the viewing of your space, a customer wants to make a booking they will have to use the booking facility on our Site. You will then be sent an email by us notifying you that a booking request has been made. Once the booking has been confirmed by you to the customer you will invoice the customer direct to secure the booking. Customers can also make a booking request for your space without viewing your space. You acknowledge that you can only accept bookings though our Site from introductions you have received through our Site.
      7. Payment to us with commission based listings. Once a booking request is confirmed by you to a customer we will invoice you for the sum of 8% on the agreed hire fee for your space being the commission fee payable by you to us. The sum due to us will be payable within 30 days of the date of our invoice.
      8. Failure of customers to use our Site for bookings of your space. If a customer fails to make a booking for your space through our Site we will contact you and the customer directly to enquire as to whether a booking has been made. If a booking has been made for your space by a customer outside of our Site we reserve the right to invoice you directly for 8% of the agreed hire fee as detailed in the listing on our Site. Failure to respond by you to any enquiries we make about bookings of your space could result in your listing being permanently removed from our Site. You acknowledge that we will follow up with all enquiries made through our Site.
      9. Organisation of the wedding at your space. It is your responsibility to discuss what facilities and services are offered by you when customers book your space for their wedding.
      1. Health and safety, planning and event licensing. You acknowledge that you will responsible for ensuring that you have obtained the necessary consents and licences that you need to offer your space for weddings and that you will comply with all relevant regulations.  
      2. Contract between you and the end customer. It is your responsibility to ensure that you enter into a separate contract with the customer once they have made a booking with you. This must set out details of the space and associated services you are going to provide to the customer and details of your payment provisions, cancellation policy and indemnity and public liability insurance provisions.
      3. It is your responsibility to ensure that you co-operate with us in all matters relating to the listing Services.
      4. You acknowledge that you must provide us, our employees, agents, consultants and subcontractors, and end customers with access to your premises, and other facilities as may reasonably be required.
      5. You acknowledge that you must provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
      6. Cancellations. It is your responsibility to have a separate contract between you and any customer who makes a booking for your space. If the customer cancels their booking, your cancellation policy as set out in the contract between you and the customer will apply. If the customer cancels the contract with you and you have a commission based listing we will refund to you a percentage of the commission we have received for the booking e.g. 25% hire fee retained minus 8% commission. In the event that you cancel the contract with the customer we will not refund you any of the commission fee we have received in relation to the booking.
      7. Insurance. You must hold public liability insurance in the sum of £5,000,000 in accordance with this Contract. You are also responsible for ensuring that you have all such appropriate insurance in place (including but not limited to buildings and land insurance).
      8. Responsibility for customers. You acknowledge that we are not responsible for the end customers who use our Site who may make enquiries and bookings of your space.
    1. Suppliers. If you are a wedding supplier and offer supply services, for example including but not limited to floristry, videography, photography or entertainment services (Supplier services) the following terms will apply in relation to the Contract between you and us:
      1. Accepting your listing. You must request to be listed on our Site through the process set out on our Site. Our acceptance of your listing takes place when we send an email to you explicitly confirming that we accept it, at which point and on which date the Contract between you and us will come into existence (Commencement Date). Listings will only be accepted on Business Days during our Business Hours.
      1. Payment to us. You will need to pay to be listed on our Site in accordance with the annual and bi-annual fees as detailed on our Site. You must inform us which listing option you would like to sign up for when you send us your details to be listed on our Site. Once we have accepted your listing on our Site we will invoice you for the fees due and they will become payable within 30 days of the date of our invoice. Your listing on our Site will not be made live until we have received payment in full of our invoice.
      2. Health and safety, planning and event licensing. You acknowledge that you will responsible for ensuring that you have obtained the necessary consents and licences that you need to offer your services and that you will comply with all relevant regulations.
      3. Contract between you and the end customer. It is your responsibility to ensure that you enter into a separate contract with the customer once they have made a booking with you for you to supply services to them. This will set out details of the Supplier services you are going to provide to the customer and details of your payment provisions and your cancellation policy.
      4. You acknowledge that you must provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
      5. Insurance. You must take out public liability insurance in the sum of £5,000,000 in accordance with this Contract.
      6. Responsibility for end customers. You acknowledge that we are not responsible for the customers who use our Site who may make enquiries and bookings of your services through our Site.
      7. Cancellations. It is your responsibility to have a separate contract between you and any customer who makes a booking for your supply services. If the customer cancels their booking, your cancellation policy as set out in the contract between you and the customer will apply. We will not refund you any monies you have paid to be listed on our Site.
    1. Reasonable care and skill. We warrant to you that the listing Services will be provided using reasonable care and skill.
  1. Your obligations
    1. It is your responsibility at all times to ensure that:
      1. the terms of your listing are complete and accurate;
      2. you co-operate with us in all matters relating to the listing Services;
      3. you provide us with such information and materials we may reasonably require in order to supply the listing Services, and ensure that such information is complete and accurate in all material respects;
      4. you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the Commencement Date and for the duration of the provision of the listing Services;
      5. you comply with all applicable laws, including health and safety laws; and
      6. you adhere to our guidelines as listed on our Site here.
    2. If our ability to perform the listing Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
      1. we will be entitled to suspend the listing Services until you remedy Your Default. In certain circumstances Your Default may entitle us to terminate the contract under clause 15 (Termination);
      2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
      3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  2. LOCATION RESTRICTION
    1. Unfortunately we are unable to list spaces and suppliers with addresses outside the UK.
  3. Charges
    1. In consideration of us providing the Services you must pay us in accordance with these Terms.
    2. Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the charges due to us.
  4. How to pay
    1. Payment for the Services should be made in accordance with this Contract.
    2. All invoices we send to you must be paid within 30 days of the date of our invoice. For any failed or cancelled payments, a £20 administration fee will be levied.
    3. We accept payment of our invoices by BACS.If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 15 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
    4. You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  5. Complaints

If a problem arises or you are dissatisfied with the Services, please contact us by email at [email protected] or by telephone on 020 33725954.

  1. Intellectual property rights
    1. All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
    2. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy, modify and distribute any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
    3. Ownership of intellectual property materials in your listing. You warrant that any photographs or content that you upload to the listing are owned by you or your have permission to use the photographs or content.
  2. How we may use your personal information
    1. We will use any personal information you provide to us to:
      1. provide the Services;
      2. process your payment for the Services; and
      3. inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
    2. Further details of how we will process personal information are set out in our Privacy policy.
  3. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    1. Nothing in the Contract limits or excludes our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
    2. Subject to clause 13.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. any indirect or consequential loss.
    3. Subject to clause 13.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total charges paid by you to us under the Contract.
    4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
    5. This clause 13 will survive termination of the Contract.
  4. Confidentiality
    1. We each undertake that we will not at any time during the Contract, and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 14.2.
    2. We each may disclose the other’s confidential information:
      1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  5. Termination
    1. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
      2. you fail to pay any amount due under the Contract on the due date for payment;
      3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
      5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; or
      6. you do not adhere to our guideline as set out on our Site at our Website Terms of Use.
    2. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  6. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. Cancellation of the Contract must be made in accordance with clause 4 of these Terms.
  7. Communications between us
    1. When we refer to “in writing” in these Terms, this includes email.
    2. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  8. General
    1. Assignment and transfer.
      1. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    6. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.