Last updated: September 2024
Thank you for using NowSpace!
These Terms of Service ("Terms") are a binding legal agreement between you and NowSpace that govern your right to use the websites, applications, and other offerings from NowSpace (collectively, the "NowSpace Platform"). When used in these Terms, "NowSpace," "we," "us," or "our" refers to the NowSpace entity set out on Schedule 1 with whom you are contracting.
The NowSpace Platform offers an online venue that enables users ("Members") to publish, offer, search for, and book services. Members who publish and offer services are "Hosts" and Members who search for, book, or use services are "Guests." Hosts offer accommodations ("Accommodations"), activities, excursions, and events ("Experiences"), and a variety of travel and other services (collectively, "Host Services," and each Host Service offering, a "Listing").
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the NowSpace payment entities (collectively "NowSpace Payments").
You can search for Host Services using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements, and more.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like NowSpace's service fee, offline fees, taxes, and any other items identified during checkout (collectively, "Total Price"). When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout apply to the Reservation.
As a Host, NowSpace offers you the right to use the NowSpace Platform to share your Accommodation, Experience, or other Host Service with our community of Guests - and earn money doing it. You can create a Listing and you are responsible for how you host - set your price, availability, and rules for each Listing.
When you accept a booking request, or receive a booking confirmation through the NowSpace Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing.
In general, if a Guest cancels a Reservation, the amount refunded to them is determined by the cancellation policy that applies to that Reservation. As a Host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences.
Guests and Hosts are responsible for any booking modifications they agree to make via the NowSpace Platform or direct NowSpace customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with a booking modification.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. You must act with integrity, treat others with respect, and comply with applicable laws at all times.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the NowSpace Platform and any Content, including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party. The NowSpace Platform is provided "as is," without warranty of any kind, either express or implied.
NowSpace is not liable for any lost profits, loss of data, or indirect, incidental, consequential, special, punitive, or exemplary damages.
You agree to release, defend, indemnify, and hold NowSpace and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with your breach of these Terms.
These Terms will be interpreted in accordance with the laws of the jurisdiction set forth in Schedule 1, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in the jurisdiction specified in Schedule 1, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction there.
We may terminate this agreement and your account for any reason by providing you 30 days' notice via email or using any other contact information you have provided for your account. We may also terminate this agreement immediately and without notice if you breach these Terms, violate our policies, or violate applicable laws.
Your place of residence or establishment: United States
You are contracting with: NowSpace, LLC.
Applicable law: Massachusetts and United States
Venue/Forum: Boston, Massachusetts
If you have any questions about this Privacy Policy, please contact us at: [email protected]