Terms and conditions of supply of services to consumers (aka NIMBLERS)

These terms and conditions for supply of services to individuals online state the basis on which we NIMBLD LTD will supply services to our business customers. Please read them carefully. This applies to users with a NIMBLER account.

We are a company incorporated and registered in England and Wales with company number 11892434 whose registered office is at 40 Hackamore, Benfleet, United Kingdom, SS7 3DU. We’re called ‘the Supplier’ in this agreement).

You’re called ‘the nimbler’ in this agreement. You are the individual, business or other organisation which hires (the Order) available Workspaces from our hosts ('the Host') via the Supplier’s websites www.nimbld.com and app.nimbld.com (the Website) (the Order).

1. Who we are, our contact details, agreed terms and definitions

1.1. We are nimbld ltd.. We’re a company registered in England and Wales OR Scotland with company number 11892434 whose registered address is at 40 Hackamore, Benfleet, Essex SS7 3DU.

1.2. You can get hold of us in any of the following ways:

a. by emailing us at hello@nimbld.com;

b. via chat on our websites.

1.3. Agreed Terms: It is agreed that if any word, phrase or explanation used within this agreement is not clear, it will be defined and interpreted according to the definitions and interpretations set out below:

Definitions

Acts, Legislation: or other similar references shall include any updates and or amendments to the same.

Hire Fees: the charges payable by the nimbler when hiring a workspace according to the terms of this Contract.

Workspace: a hotdesk, desk, office, meeting space, or any other place from which work can be carried out and which is listed for hire on the Supplier's websites.

Host: the firm, company or other organisation which has listed a workspace for hire on the Supplier's websites.

Supplier: nimbld ltd.

Nimbler: the individuals booking Hosts' Workspaces through the Supplier's Websites.

Order: a booking request for a workspace on the Supplier's Website which has been accepted by the Host who listed the workspace for hire.

Booking: the act of sending a booking request for one of the Host's Workspaces.

Services: the services set out in the Services Specification which the Supplier is to supply according to the terms of this Contract.

Services Specification: the hire of workspaces from our Hosts through the Supplier's websites, receiving confirmation of such booking from the Hosts who listed such workspaces on the Supplier's websites, and payment for such bookings through the Supplier's websites.

Written: and any similar expression, includes e-mail.

2. What do these terms do and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including

a. how we will provide you with the services that you have ordered

b. our payment terms and delivery times

c. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)

d. what you should do if there is a fault with the services that we have supplied to you, and

e. how we will use your personal details

as well as other matters.

2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

2.2. Separate terms and conditions apply to the use of our website. You can find those terms and conditions at https://www.nimbld.com/website-terms

3. Your personal information

3.1. For information about how we collect and use your personal information, please see our general privacy notice that is available at https://www.nimbld.com/privacy-policy.

4. Order Process and the Contract between you and us

4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can supply the services to you, which we will usually communicate by email. If we tell you that we cannot supply the services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to supply the services, and we have already received payment from you, then we will promptly refund you for any services that we cannot supply to you.

5. Changes to services

5.1. If you would like to make a change to the services for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.

5.2. In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be:

a. because we need update the services to implement a change in the law, or a regulatory requirement; and/or

b. because we need to make minor technical changes or enhancements that will not affect your use or enjoyment of the services.

5.3. It is possible that exceptionally, we may need to make a more major change to the services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 13.1 (cancellation terms) of these terms and conditions will apply.

6. Payment details

6.1. The price of the services will be the price set out on the Host listing on our website at the time when you place your order.

6.2. We accept payment by Credit or Debit card, PayPal, American Express.

6.3. Each listing has a set time until booking payment is to be received: if this time expires the booking will be cancelled and the workspace will once again become available for other nimblers to book. This time varies from listing to listing and is set by the Host, the Supplier has no say in the length of this period.

7. Supply of services

7.1. Before you place your order, on our order pages, please read carefully all the terms, time, date and price of the booking.

7.2. We will contact you if there is a delay or disruption in supplying the services to you because of circumstances which are not within our control. When this occurs you will be offered the choice to proceed with the order under the new circumstances, or to cancel your order and obtain a full refund.

8. Suspension

8.1. If something happens that means we must suspend the supply of the services to you, for example:

a. to make minor technical adjustments or to resolve technical issues;

b. to update the services to implement a change in law or any relevant regulatory requirement,

then we will contact you to let you know.

8.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

9. Your obligations

9.1. We will inform you during the order process of information that we need from you in order to supply you with the services. This information will be specified in the listing.

9.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 14.2 will apply), or we may charge you for the additional costs that we incur as a result.

9.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in supplying you with the services, or if we do not supply any part of them to you.

10. If there is a fault with the services

10.1. We hope that you are satisfied with the services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

10.2. We must supply services to you that meet your consumer rights.

10.3. This section 10.3 provides you with a summary of your consumer rights if there is a fault with the services that we have supplied to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

a. If we have supplied you with services, the Consumer Rights Act 2015 says:

i. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.

 

ii. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

iii. If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.

10.4. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 12.

11. Our liability if you suffer loss or damage

11.1. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, or for breach of your legal rights in relation to the services (a summary of which is set out in section 10.3).

11.2. If we provide any advice to you, including in any instructions or manuals provided to you with the services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

11.3. We only supply services for private use. We do not supply them for business or commercial use. If you do use the services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.

12. Cooling-off period and your right to cancel the contract during it

12.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 13 below.

12.2. When you purchase services from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013) within the cooling-off period (explained in section 12.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 12.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.

12.3. For services, you have up to 24 hours after payment has been made to cancel the contract. However, it is subject to certain exceptions, which are set out in section 12.4 below.

12.4. If any of the following circumstances applies to the services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those services because you have changed your mind:

a. if part or the whole of the services have been completed;

12.5. If you want to cancel the contract because you have changed your mind, you should let us know before the end of the cooling-off period (as calculated in accordance with section 12.2 and 12.3) in one of the following ways:

a. contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel.

12.6. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the services. We will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.

13. Your rights to cancel the contract

13.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 12, if any of the following circumstances apply, you have the right to cancel this contract immediately:

a. we have informed you that there was an error with the price or the description of the services when you placed the order, and you now do not wish to proceed based on the correct price or description;

b. we have informed you that we need to make a major change to the services (see section 5.3) and you do not want to proceed with the change;

c. The workspace is not as listed, or you are denied access by the host;

d. there is a significant delay in supplying the services to you, because of circumstances that are not within our control (see section 7.2);

e. you have some other legal right to cancel the contract because of something we have done.

13.2. If you do cancel the contract for any of the above reasons (section 13.1(a) to 13.1(e)) then we will provide you with a refund for any services that you have paid for but have not been supplied, or we may provide you with a refund for any services that have not been properly supplied to you. In certain circumstances you may also be entitled to further compensation.

13.3. If there is a fault with the services that we have supplied to you, please see section 10 of these terms and conditions.

13.4. If you are cancelling the contract for any other reason that is not set out in section 13.1 or section 12 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any services that you have paid for but not yet received. However, we may make a reduction from the refund due to you; or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.

14. Our rights to cancel the contract

14.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:

a. you do not pay for the booking within the payment deadline specified on the listing;

b. you do not provide us with information that we have requested from you within a reasonable time (see section 9.1);

c. you do not show up to make use of the booking.

14.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 14.1, but except 14.1.c), we will provide you with a refund for any services for that you have paid but not yet received. However you may not be due a refund because you have not yet made payment or 14.1.c applies, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.

15. If the host stops supplying services

15.1. If the services with which we supply to you are supplied on an ongoing basis (and are not a one-off purchase), the host may decide at some point in the future to stop supplying them. If the host decides to stop supplying them, we will contact you at least 24 hours before they stop supplying them, to let you know. If you have made payment for services that will no longer be supplying to you, we will give you the relevant refund for what you will not receive.

16. General

16.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.

16.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.

16.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

16.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.

16.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

16.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

16.7. If you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

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