Shake Bench: Terms and Conditions for End-User

Last updated: 10th March, 2018

The following Terms and Conditions govern the use of the website and WebApp (collectively referred to as the “Platform” or “ Shake Bench Platform”) which are accessible at www.ShakeBench.com or any other domain registered by/for or inShake Bench’s name (the “ Site”)

These Terms and Conditions constitute a binding legal agreement betweenShake Bench and all Users and Venue Managers accessing or using the Platform or otherwise participating in any service provided by Us, including, without limitation the booking and payments processing services (collectively the “Services”).

By accessing or using Our Platform or otherwise participating in the booking process or availing yourself of any of Our services (collectively the “Services”), you are hereby accepting and agreeing to be legally bound with immediate effect by these Terms and Conditions (as defined below). Such acceptance shall also be deemed to extend to all other policies and terms of use which have been incorporated by reference into these Terms and Conditions (with the exception of the Privacy Policy or any other such policy which at law, must be consented to separately).

Should you not wish to be bound by these Terms and Conditions, please leave this Platform immediately and do not use Our Services.

 

  1. Introduction and Applicability

  2. Shake Bench (“ Shake Bench”; “ We”; “Us” or “ Our”) provides an online listing and payments processing Platform through which persons or companies may list productive spaces (“ Hosts” or “Venue Managers”) that users may browse, book and use, for a defined period of time, for the purposes of mobile working, business meetings, event planning or any other productive activity (“ You”, “User” or “ Guest” and the term “your” and other constructs shall be construed accordingly).

    For a more detailed description of the Services, you can refer to our Site mentioned above.

    These terms and conditions incorporate within them, as though they were fully set out herein, the provisions of the following terms and policies, which themselves also apply to Venue Managers and any and all use of the Platform and the Services:

    1. the Privacy Policy, which sets out the particular terms on which the Service Provider processes any personal data collected from the Client, or that the Client provides to the Service Provider and also sets our Cookie Policy; and
    2. the Terms of Service with Venue Manager

    (together, the “Terms and Conditions”).

    Please note that your explicit consent to Our Privacy Policy, and the practices described therein, is required to be able to access and use the Platform. This will be prompted upon Your access to the Site and/or your download of the App.

    Please note that a separate terms apply to Venue Managers seeking to use the Platform, which must be accepted by them in full prior to being able to post any listings, information and material on the Platform.

    For identity purposes, THAT SOLUTION LIMITED is a limited liability company, registered and incorporated under the laws of Malta, with registration number C 78499 and having its registered address situated at Block C2 Flat 1, Triq il-Principessa Margerita, Ta’ Xbiex XBX 1352.

     

  3. General

  4. We offer the full scope of Our Services to registered members only, being:

    1. authorized representatives who wish to post or advertise venues or other productive spaces available for booking through the Platform (“Venue Listing/s”) by Users (“Venue Managers”); and also
    2. Users who wish to personally book Venues made available through the Platform.

    These Terms and Conditions apply differently to registered Users and to non-registered Users of the Platform. Generally, non-registered users of the Platform are able to view pages, make searches and browse Venue Listings and Venue ratings on the Platform without registration. Registration though, is required for Users and Venue Managers to make use of all Platform features (including, significantly, to be able to book a Venue, effect payments relating to such payments and post ratings or upload content).

     

  5. Registration and User Content

  6. With registration, natural and legal persons (acting through their authorised representatives) may become User members of the Platform. You may register to make use of our Services either directly, via the Site or Platform, or by logging into a third party social networking account such as Facebook, Google or any other similar third party account as We may from time to time determine, in which case your registration will be governed as follows.

    You may become a registered User of the Platform by allowing Us to access your third party account to the extent permitted by and in line with such terms governing your use of the aforementioned third party platform. You represent that you are entitled to disclose your login information to Us and/or grant Us access to the said account for use in accordance with any of the purposes described in these Terms and Conditions, without breach by you of any terms that govern your use of such third party platforms and without obliging Us to pay any fees.

    You are hereby asked to agree and accept that by granting Us access to any third party accounts, we will access your Account page and We may store (if applicable) any Content that you have provided to and stored in your third party account, including without limitation your name, surname, contact number and email so that it is available on and through the Platform via your Shake Bench account. We hereby warrant that we will not store any third party account passwords that You have used to register with Shake Bench. We will not post anything on any third party public profile without your prior consent. Unless otherwise specified, all content contained on your third party account shall be considered to be User Content (as defined below) for the purposes of these Terms and Conditions. By accepting these terms You hereby give your consent to Us send You emails with marketing content on the Services provided by Shake Bench.

    Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such third party accounts, personally identifiable information that you post to your third party accounts may be available on and through your Shake Bench account on the Platform. Please note that your relationship with third party service social network providers is governed solely by any terms and conditions related to your use of that third party social network platform.

    You have the ability to disable the connection between Your Shake Bench account and your third party account at any time directly through Your Third Party Accounting which case You may continue to make full use of the Shake Bench Platform provided that You register an account with Us directly.

    By registering as a User for an account on the Platform, You warrant that

    1. if You are a natural person, you are 18 (eighteen) years or older. Any access of use of the Platform by anyone under 18 is expressly prohibited;
    2. You have full power and authority at law to register as a User and enter into a relationship with any Venue Manager;
    3. You are not currently restricted from the Platform or otherwise prohibited from having an account with Us;
    4. You are not a competitor of Ours and You are not using the Platform for purposes that are in competition with Ours;
    5. You shall only maintain one account with Us at any given time;
    6. You will not violate any Terms and Conditions or any rights pertaining to the Platform including intellectual property rights; and
    7. your registration to the Platform will not infringe the rights of any third party or cause You to be in breach of any obligations to a third party.


    If You are using the Platform on behalf of a legal person, you hereby warrant that You are authorized to bind such legal person to these Terms and Conditions and that You are authorized to act on behalf of such legal person with respect to any actions You take in connection with the Services. Any reference in these Terms and Conditions to the terms “You” or “User” as defined above, shall be construed to refer to the legal person. We retain the right, exercisable at our discretion, to request additional information as We may deem necessary to determine your authority to act on behalf of a legal person. We retain the right to terminate or suspend Your access to any of Our Services and to Your account if We have any reason to believe that You are not duly authorized to act on behalf of any legal person you purport to represent.

    At the time of registration, Your email address or mobile contact number, if inputted the course of Your registration, will serve as the username through which You may access the Shake Bench Platform. You must select a password to complete the registration process. The password must be kept secret and be of a sufficient degree of complexity.

    It is your sole responsibility to ensure that your chosen password remains, at all times, fully confidential. We will not be liable for any disclosures of your password which you may make or for any inadequate or insecure password you may select, or any consequences that may result from the same. You shall be responsible for all activity that occurs under your account.

    No-one shall have a right to register for an account on the Platform and We may refuse to grant You access to the Platform. Acceptance of any registration request is at Our sole discretion and We reserve the right to reject any such request. We reserve the right to suspend or terminate your account in accordance with these Terms and Conditions (including without limitation if We determine that you are in breach of these Terms and Conditions). Any termination shall take effect without prejudice to any damages that we might claim from You, in compensation of the loss suffered as a result of any breach of these Terms and Conditions or otherwise through your use of the Platform.

    Platform accounts are not transferable and may only be used by the account holder personally (in the case of Users who are natural persons) or through their authorised representatives (in the case of Users who are legal persons). Creation of a new account following termination of an existing account by Us is not permitted.

     

  7. Ratings and User Content

  8. Registration enables You to create an account through which You may be able to post, submit, display or otherwise make available information on designated portions of the Platform or otherwise on the Service (“Account”) including, without limitation, images, materials and other supporting documents, hereinafter “User Content”). You hereby agree that any User Content uploaded to or otherwise made available through the Platform shall be subject to these Terms and Conditions.

    The Account section of the Platform allows You to view and amend your account details, as well as manage any Bookings (defined below) made by You on the Platform. Your Account page allows You to manage your Bookings, by allowing You to view any future and past reservations, cancel or modify future Bookings and add new payments.

    We cannot and do not under any circumstance undertake to verify, endorse or vouch for You or for the accuracy of the information, including any ratings that You provide to Us or otherwise place on the Platform. We bear no responsibility, and disclaim all liability, for the content, accuracy, completeness, legality, reliability or availability of any User Content. Specifically, but without prejudice to the generality of the foregoing, we shall not be responsible, and may seek legal action against you, for any claims (of whatever nature or form) which relate to or otherwise arise out of any inaccurate, untimely, deceptive, incomplete or erroneous information that was given to Us, or Our affiliated third-parties, or otherwise made available by You through the Platform.

    You warrant that any User Content that You post to the Platform is accurate, not misleading and will remain so at all times during which such information and material remains available on the Platform. You also undertake not to post any User Content or other information (including, without limitation, when using the ‘Ratings’ function, if available, of the Platform) that is unlawful, fraudulent, discriminatory, threatening, abusive, libellous, defamatory or obscene or otherwise objectionable, contrary to law or public policy. You warrant that all User Content submitted by You to the Platform does not violate or infringe upon the rights of any third party (including without limitation copyright, trademark, privacy or other personal or proprietary rights). User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us).

    The acceptance of any User Content or other information or material which You may submit to the Platform is at Our sole discretion and We reserve the right to reject any such User Content, information or material or to remove, without prior notice, any already posted User Content without any obligation to provide reasons therefor.

    You may only use the Platform and any Services for lawful purposes and within the context of the intended and acceptable use of the Platform as established through these Terms and Conditions and the determination of such intended and acceptable use shall be at Our sole discretion. You are therefore prohibited from storing, distributing or transmitting any unlawful material through the Platform.

    Although We have no obligation to do so, We may monitor User Content posted on the Platform and We reserve the right to delete any User Content or portion thereof which violates these Terms and Conditions.

     

  9. Our Role and Your Relationship with Venue Managers

  10. Our role is strictly limited to that of an intermediary by providing the Platform which lists available Venues, accepts and confirms bookings made by You and processes any payments made by You with respect to any such bookings made on the Platform. Shake Bench’s responsibilities are limited to facilitating the availability of the Site and Our Services and serving as the limited agent of each Venue Manager, to be limited solely for the purpose of accepting payments from registered Users on behalf of the Venue Manager.

    Bookings made by You with any Venue Manager on the Platform shall give rise to a separate relationship between You and the Venue Manager, to be governed by a separate agreement to which We are not and will not be a party, either directly or otherwise.

    For the sake of iteration You hereby acknowledge and agree that Shake Bench shall not be a party to any agreement or relationship entered into between Users and Venue Managers, nor is Shake Bench a real estate broker, real estate agent, insurer or guarantor to any agreement entered into between the Users and Venue Managers over the Platform. We have no control over the conduct of any Venue Managers and all other Users, whether registered or otherwise, of the Platform.

    Once you have entered into any relationship with any Venue Manager, any issues related thereto should be directed to the Venue Managers themselves. We do not undertake to attempt to resolve any issue on your behalf, although We may wish to assist, mediate or facilitate communication between You and a Venue Manager, at Our own discretion. We shall under no circumstance be involved in the settlement of disputes arising at any stage between You and the Venue Managers further to any Venue Listings on the Platform. Specifically and without prejudice to the generality of the aforesaid, we shall not be responsible for ensuring compliance by You and any Venue Manager with any laws applicable to your relationship with such Venue Manager. Provided, however that the above, shall not apply in so far as it relates to the remittance of any payments received by a User on behalf of a Venue Manager, in which case the provisions set out in relation to the financial terms for Users below shall apply.

    It shall be the Venue Managers’ responsibility to ensure that it discharges any of its obligations as these arise at law or in terms of any relationship formed by such Venue Manager with You, including, without limitation, ensuring that it makes available the Venue booked by You over the Platform and fulfils any of the conditions attaching to the booking. We shall under no circumstance be construed as undertaking to perform any such obligations.

    The Venue Managers featured on the Platform are independent from Us and are not Our employees, agents, representatives or partners. We do not represent these Venue Managers in any manner whatsoever and the provision of Services by Us to You should, in no way, be construed as a deviation or departure from this. We therefore do not accept or assume responsibility for the integrity and actions of any Venue Manager. We do not warrant that Venue Managers are registered to any service or registered with any authority as may be required by applicable laws for the provision of their services.

    We do not verify, endorse, screen, vet or otherwise vouch for You or any Venue Managers or other users, nor do We make any representation concerning your, any Venue Managers’ or any other user’s identity.

    Venue Managers are solely responsible for the accuracy and veracity of their Venue Listings on the Platform and any descriptions of the space and all other information which Venue Managers may furnish over the Platform. We do not guarantee the validity of any such Venue Listing or information they or any other Users may place on the Platform (including through the ‘Ratings’ function, if available) and We shall not, in any way, be responsible for any omissions, inaccuracies or false assertions contained in any such Venue Listing. You should always verify the validity and suitability of Venue Listings and other related information available on the Platform before booking a Venue. We therefore assume no responsibility, and disclaim all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Venue Listing or information included on the Platform (including without limitation any ‘Ratings’, if available, that have been placed by other users of the Platform or contents of any Platform search result). We do not have any obligation to screen any Venue Listing, or to include any Venue Listing in any Platform search results and may exclude or remove any Venue Listing from the Platform for any or no reason.

    You undertake to exercise caution and good judgment in all interactions with others through the Platform and shall be solely responsible for any such interactions and liable for any inconvenience, harm or damage of any nature arising therefrom.

     

  11. Listing Process and User Experience

  12. The Platform features a wide and diverse range of Venue Listings for your consideration. Venues are divided into three categories: Essential, Premium and Premium Plus, depending on the type of experience on offer by each Venue offers. You will be able to view Listings on the basis of a number of features including the space type, location and activity for which you intend to use the Venue.

    You will be able to book a Venue by determining the date, time and location of your use of the Venue. Once made, bookings are confirmed subject to a verification of availability of funds made by Us or Our authorised payments processor, though no funds will be deducted from Your account at this stage. You will be notified of a successful booking by email and, provided you have inputted your mobile contact number during registration, by means of an SMS. The confirmation will contain a check-in code and other booking details. Upon arrival at the venue, You must identify yourself as a User of Shake Bench and present the check-in code to the Venue management. Once duly checked in, You will receive a subsequent email and/ or SMS with the check-out code which You are required to make use as soon as You are ready to leave the premises.

    If You do not check-out using the check-out code provided to You by SMS or email, You agree to pay a fee equivalent to the time booked. In the event that You repeatedly do not check- out using the code provided by SMS or email, You agree to pay a fee equivalent to double the time booked which in any event will be capped at twelve hours.

     

  13. Financial Terms for Users

  14. You acknowledge and agree that notwithstanding the fact that Shake Bench is not a party to the agreement between Registered User and the Venue Manager, Shake Bench acts as the Venue Manager’s payment agent for the limited purpose of accepting payments from You on behalf of the Venue Manager. Upon your payment of amounts to Shake Bench that are due to the Venue Manager, your payment obligation to the Venue Manager for such amounts is extinguished, and Shake Bench is responsible for remitting such amounts, less its commission, to the Venue Manager. If Shake Bench does not remit any such amounts to a Venue Manager, then such Venue Manager will have recourse only against Shake Bench and only in terms of any Services Agreement that may be in place between the two. Listings for Venues will specify the total fees.

    You will be asked to provide customary billing information such as name, billing address and credit card information either to Shake Bench or its third party payment processor. You agree to pay Shake Bench for any confirmed bookings made in connection with your Shake Bench Account in accordance with these Terms by one of the methods described on the Site. You hereby authorize payment which will be processed automatically once you provide the check-out code to the Venue. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Us or indirectly, via a third party online payment processor. You also authorize Us to charge your credit card for Security Deposits, if applicable. If you are directed to Shake Bench’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

    If a requested booking is cancelled (i.e. not confirmed by the applicable Venue Manager), any amounts collected by Shake Bench will be refunded to such registered Users, depending on the selections the registered Users makes via the Site, and any pre-authorisation of such Registered Users’s credit card will be released, if applicable.
    As a User you agree to pay Shake Bench for the total fees for any booking requested in connection with your account if such requested bookings are confirmed. You understand and agree that Shake Bench, on behalf of the Venue Manager, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the total fees due or (ii) charge your credit card a nominal amount, not to exceed one Euro (€1), to verify your credit card. Once confirmed, Shake Bench will collect the total fees in accordance with the terms and conditions of these Terms and Conditions and the pricing terms set forth in the applicable Venue Listing. Please note that Shake Bench cannot control any fees that may be charged to Users by his or her bank related to Shake Bench’s collection of the fees, and Shake Bench disclaims all liability in this regard.

     

  15. User Conduct

  16. It shall be your responsibility to determine Your rights and obligations at law and You shall be solely responsible and liable for compliance with any and all laws, rules regulations and tax obligations that may apply to Your use of the Platform. You shall also ensure that You abide by any corresponding obligations arising in terms of your relationship with any Venue Manager. Any failure on your part to fulfil any resultant contractual or other obligations may be legally actionable.

    You are wholly responsible for maintaining the Venue and any personal or other property contained therein in the condition it was in when You arrived. You agree and accept that You shall be responsible for Your own acts and omissions and You shall be likewise responsible for the acts and omissions of individuals who You invite to, or otherwise provide access to, the Venue. Shake Bench shall not be held in any way liable for any damage to any Venue or any personal or other property contained therein arising as a result of User misconduct. Shake Bench shall not be included in the settlement of any disputes relating to damage of property resulting from User misconduct.

    You are hereby asked to accept and agree to abide by the Venue Managers’ indicated use of the Venues and indicated Venue capacities. You may not use the Service in any situation that could lead to damage to any person’s life or property or to physical or environmental damage. Shake Bench disclaims, to the fullest extent possible at law, liability for any damage or loss arising from any non-permitted use of the Venues.

    You are prohibited from contacting or otherwise negotiating any additional or repeated use of any Venue previously booked by You through the Platform directly, outside the Platform. Any recurring use of the Venues on the same terms should be made through the Shake Bench Platform.

    You are restricted from using the Platform or any of Our Services for any commercial or other purposes which is not expressly permitted by these Terms and Conditions. Any use of the Platform other than as specifically authorized herein is prohibited and will result in the termination of your account.

     

  17. Reporting

  18. Your feedback and review of the Venues, if available, any interaction with Venue Managers that you may have had, as well as the manner and ease with which your booking took place, can help us improve the quality of the Platform and Our Services.

    You agree to immediately report to Us any improprieties on the part of any Venue Manager, whether you have observed these improprieties directly or they have otherwise come to your knowledge through some other manner, provided that We retain discretion to take any action in respect to any such Venue Managers and provided further that in any case, Your report will not obligate Us to take any action beyond that required by law or cause Us to incur any liability to You.

     

  19. Privacy

  20. We are committed to ensuring the privacy of the information which you give to Us.

    We will only use your information in accordance with Our Privacy Policy which you are required to separately and expressly accept and agree to.

    We shall not be responsible or otherwise liable for any unauthorised or unlawful disclosure by any Venue Manager of any information and data, including personal information, pertaining to You.

     

  21. Intellectual Property Rights

  22. All (i) content including but not limited to text or images on every page of the Platform, whether editorial, navigational, or instructional; (ii) logos, buttons, and other graphical elements on the Platform; (iii) software including code created or used by the Us to provide the Services; (iv) music and sounds (v) colour combinations, button shapes, page layouts, designs and all other graphical elements of the Platform, materials, methodologies, implementation plans or other intellectual property including but not limited to patents, designs, trademarks, trade names, and copyright used during the provision of Services and the Platform, the Platform and all right, title and interest therein are Our sole property or are otherwise used with the proprietor’s permission (collectively, “Proprietary Material”).

    This Proprietary Material is protected in an all forms, media and technologies and all rights arising thereto (including, intellectual property rights) are expressly reserved. Amongst others, you may not copy, download, use, re-design, modify, reconfigure, retransmit or create derivative works of the Proprietary Material (or any part thereof).

    You acknowledge that the availability of the Site, App and Platform does not authorise you to make use of any of the Proprietary Materials in a manner which would be in breach of either Our or third party intellectual property rights, or other proprietary rights. You may not in any way publish, make available or otherwise distribute any Proprietary Material or incorporate the Proprietary Material, provided that this shall not apply to your own User Content.

    Your failure to abide by this Section (11) will expose you to damages and, in the case of a breach of any third-party rights, you agree to defend, indemnify and hold Us harmless against all claims, actions or suits which may be brought in connection with this breach in accordance with Section 14 (Indemnity) below.

  23. Notice of Trademark Rights

  24. All logos, word marks, service marks and other trademarks appearing on the Site, App or Shake Bench Platform are either owned by or licensed to us.

    You may not copy or use (in any manner) any of these logos, word marks, service marks or other trademarks without Our prior written permission or that of the applicable proprietor.

     

  25. Rights of Use

  26. You are able to post ratings through the Platform with respect to any of the Venue Managers and their Venue Listings. You hereby agree to grant Us all of your rights, title and interest in and to the content of any such ratings and any review you may make of the Platform and our Services, including all intellectual property rights. This covers, in particular, the right to reproduce, distribute, communicate or make available to the public, disseminate, adapt or modify this content. These rights shall remain vested in Us even following the end or termination of your account as a User.

    Your moral rights (if applicable) shall remain unaffected.

    Where consideration is due for such transfer of rights in terms of applicable law, We shall never be construed as being under any form of obligation to acquire the rights to the content concerned however, should we opt to do so, You hereby warrant to accept the sum of EUR 5 (five euro) as full and final settlement for the transfer.

    The rights granted above may be assigned by Us to third parties. We shall not be liable to pay any additional remuneration to you in such cases.

     

  27. Indemnity

  28. In the event of a dispute between You and any other user and/or Venue Manager, You shall hold Us harmless and shall indemnify Us for any claim arising out of or in connection with such disputes, including recovery of any legal costs related thereto.

    Notwithstanding anything contained under this Section 14, You agree to and do hereby indemnify, defend and hold Us, Our officers, directors, employees, agents, representatives and sub-contractors, harmless from any and all claims, demands, losses, damages and expenses (including reasonable attorneys’ fees, legal expenses and court costs) asserted by any third party due to or arising out of your breach of any of these Terms and Conditions, Your use of the Platform (including without limitation your use of the ‘Ratings’ function) and/or Our Services, your negligent, fraudulent or wrongful acts, and/or your violation of any applicable laws.

    We reserve the right to handle our own legal defence if We see fit even where You are indemnifying Us, in which case You agree to cooperate with Us so that We can execute Our strategy provided always that costs of a legal defence which We incur through your misconduct must also be reimbursed in full.

     

  29. Limitation of Liability

  30. In no event shall We or Our officers, directors, employees, agents, representatives and sub- contractors be liable to You or any person for any damages suffered of whatever kind or nature, including indirect, consequential, special or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including, without limitation, damages to your device or the device’s software, or any damages sustained to your computer equipment, damages for loss of income or earning that you may suffer arising out of or relating to the download, installation, use, inability to use or non-use of the Platform, the Services, and the Site.

     

  31. Termination

  32. We may refuse Services to anyone, at any time, for any reason whatsoever.

    We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason (including without limitation for breach of these Terms and Conditions) and without advance notice. The Service Provider may accordingly terminate or suspend your access to and use of the Platform at any time, for any reason and without advance notice.

    You may terminate your account with Us at any time by sending an email to hello@ShakeBench.com or sending us a letter at the Shake Bench address indicate above. Please note that despite your termination of the account, we do not have the obligation to delete or return to You any Content that You have posted on the Platform, including, but not limited to any Ratings.

    Termination of your account will result in your losing access to the Platform and may result in the loss of any information associated with that account. Upon termination or suspension of your account, your password will be disabled and you will not be able to access the Platform, any of Our Services, your account or any User Content you may have posted or otherwise made available on the Platform. Any pending or accepted future booking will be immediately terminated and We may communicate to such Venue Managers that a booking has been cancelled. You will not be entitled to compensation for booking which have been cancelled as a result of any suspension, deactivation or termination of your account with Us.

    We shall not be liable to You for the effect that any changes to the Services or the Platform or any termination of your account may have on You, including without limitation your income or your ability to view Venue Listings or connect with Venue Managers and Clauses 14 (Indemnity) and 15 (Limitation of Liability) shall apply in this respect.

    Section 10 (Privacy), 11 (Intellectual Property Rights), 12 (Notice of Trademark Rights), 13 (Rights of Use), 14 (Indemnity), 15 (Limitation of Liability) and 19 (Applicable Law and Jurisdiction) of these Terms and Conditions shall survive termination of your account and will continue to bind You after any such Termination.

     

  33. Notices

  34. Any notice or other communication to be given by Us in connection with these Terms and Conditions shall be in writing and sent by post-paid registered or certified mail return (receipt requested) or electronic mail using such contact details as you may provide to us upon registration for your account on the Platform.

    Notices shall be deemed served as follows:

    1. in the case of email, immediately upon transmission thereof;
    2. in the case of post-paid registered or certified mail return, on the date set out on the delivery receipt provided by the mail or courier service provider.

     

  35. Miscellaneous Provisions

  36. The most recent version of these Terms and Conditions is stored on the Site and is available to be viewed by anyone. Earlier versions of the Terms and Conditions which are not more than two years old may be available upon request, at our discretion.
    We are entitled, for the purpose of performing our obligations under these Terms and Conditions, to delegate or otherwise avail ourselves of third parties’ services, which are in addition to those provided by the Venue Managers.
    We may transfer Our rights and obligations under these Terms and Conditions to any other person. These Terms and Conditions are however personal to you. You may only transfer your rights or obligations under these Terms and Conditions if We agree to this in writing. No other person shall have any right to enforce these Terms and Conditions.
    If any court or other authority finds any clause or provision in these Terms and Conditions, or part thereof, to be illegal, the rest of the Terms and Conditions, including the unaffected part of the clause or provision concerned, will continue to apply in full force and effect.
    These Terms and Conditions shall inure to Our benefit, and Our successors and assigns.
    If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of your breach of these Terms and Conditions, this shall not be construed to mean that that You do not have to do the things in question and it will not prevent Us from taking steps against You at a later date.
    We reserve the right to make changes to these Terms and Conditions from time to time. We shall post the updated Terms and Conditions on Our Site and your use of the Platform following any such posting constitutes your acceptance of the updated or amended Terms and Conditions. You are responsible for reviewing and becoming familiar with any changes to the Terms and Conditions.

     

  37. Applicable Law and Jurisdiction

  38. The legal relationship between the parties to these Terms and Conditions is subject exclusively to the laws of Malta.

    For all disputes which may arise between you and Shake Bench in relation to these Terms and Conditions or as generally arising from the use of the Services and/or the Platform, the parties will make all amicable attempts to resolve the dispute in the least onerous manner and without the need of instituting judicial proceedings (of whatever form or nature). However, if the dispute cannot be resolved, the parties agree that the Courts of Malta shall have exclusive jurisdiction to hear and determine the dispute.

    The matter of applicable law and jurisdiction regarding the use of the Site are governed by the ‘Terms and Conditions for End-Users’.