Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the AllotMe Platform, you agree to comply with and be bound by these Terms.

 

You can access the European Commission’s online dispute resolution platform here:

http://ec.europa.eu/consumers/odr. Please note that AllotMe is not committed nor obliged to

use an alternative dispute resolution entity to resolve disputes with consumers.

 

These Terms constitute a legally binding agreement (" Agreement ") between you and AllotMe (as defined below) governing your access to and use of the AllotMe website, including any subdomains thereof, and any other websites through which AllotMe makes its services available (collectively, " Site "), and all associated services (collectively, " AllotMe Services "). The Site, and AllotMe Services together are hereinafter collectively referred to as the “ AllotMe Platform ”. Our Garden Guarantee Terms,  Greenfinger Refund Policy,  Nondiscrimination Policy  and other Policies  applicable to your use of the AllotMe Platform are incorporated by reference into this Agreement.

 

When these Terms mention “ AllotMe,” “ we ,” “ us ,” or “ our ,” it refers to AllotMe Limited, and its holdings.

 

Our collection and use of personal information in connection with your access to and use of the AllotMe Platform is described in our Privacy Policy.

 

Any and all payment processing services through or in connection with your use of the AllotMe Platform (" Payment Services ") are provided to you by one or more AllotMe Payments entities (individually and collectively, as appropriate, " AllotMe Payments ") as set out in the  Payments Terms of Service  (" Payments Terms “).

 

These Terms are not a substitute for any UK or EU law and all parties are implicitely agreeing to adhering to any applicable existing laws.

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Covid-19 Additional Terms

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When signing up to use the AllotMe Platform, all Users are making a commitment to adhere to current Government guidelines on Covid-19 safety. For further guidance on current government advice and lockdown rules within the UK, users can go GOV.UK

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1. Scope of the AllotMe Platform Services

 

1.1 The AllotMe Platform is an online marketplace that enables registered users (“ Members ”) and certain third parties who offer services (Members and third parties who offer services are “ Hosts ” and the services they offer are “ Host Services ”) to publish such Host Services on the AllotMe Platform (“ Listings ”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “ Greenfinger ”). Host Services may include the offering of access to and use of outdoor space or other properties for use (" Plots "), and a variety of other urban food growing activities.

 

1.2 As the provider of the AllotMe Platform, AllotMe does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. AllotMe is not and does not become a party to or other participant in any contractual relationship between Members, nor is AllotMe a real estate broker or insurer. AllotMe is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

 

1.3 While we may help facilitate the resolution of disputes, AllotMe has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. AllotMe does not endorse any Member, Listing or Host Services. Any references to a Member being " verified " (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by AllotMe about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to rent out a Plot, use any other Host Services, accept a booking request from a Greenfinger, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by AllotMe of any Host or Listing.

 

1.4 If you choose to use the AllotMe Platform as a Host , your relationship with AllotMe is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of AllotMe for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of AllotMe. AllotMe does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

 

1.5 The AllotMe Platform may contain links to third-party websites or resources (“ Third-Party Services ”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. AllotMe is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by AllotMe of such Third-Party Services.

 

1.6 AllotMe is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the AllotMe Platform. AllotMe may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the AllotMe Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the AllotMe Platform. Section 17 (Liability) remains unaffected. AllotMe may improve, enhance and modify the AllotMe Platform and introduce new AllotMe Services from time to time. AllotMe will provide notice to Members of any changes to the AllotMe Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

 

 

2. Eligibility, Using the AllotMe Platform, Member Verification

 

2.1 In order to access and use the AllotMe Platform or register an AllotMe Account you must be an individual at least 18 years old or a duly organised, validly existing business, organisation or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.

 

2.3 AllotMe may make access to and use of the AllotMe Platform, or certain areas or features of the AllotMe Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

 

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

 

2.5 The access to or use of certain areas and features of the AllotMe Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the AllotMe Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the AllotMe Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

 

 

3. Modification of these Terms

 

AllotMe reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the AllotMe Platform and may also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the AllotMe Platform will constitute acceptance of the revised Terms.

 

 

4. Account Registration

 

4.1 You may be required register an account (" AllotMe Account ") to access and use certain features of the AllotMe Platform, such as publishing or booking a Listing. If you are registering an AllotMe Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

4.2 You can register an AllotMe Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (" SNS Account "). You have the ability to disable the connection between your AllotMe Account and your SNS Account at any time, by accessing the "Settings" section of the AllotMe Platform.

 

4.3 You must provide accurate, current and complete information during the registration process and keep your AllotMe Account and public AllotMe Account profile page information up-to-date at all times.

 

4.4 You may not register more than one (1) AllotMe Account unless AllotMe authorises you to do so. You may not assign or otherwise transfer your AllotMe Account to another party.

 

4.5 You are responsible for maintaining the confidentiality and security of your AllotMe Account credentials and may not disclose your credentials to any third party. You must immediately notify AllotMe if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your AllotMe Account. You are liable for any and all activities conducted through your AllotMe Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).

 

4.6 AllotMe may enable features that allow you to authorise other Members or certain third parties to take certain actions that affect your AllotMe Account. For example, we may enable Members to link their AllotMe Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorised by AllotMe to ask for your credentials, and you shall not request the credentials of another Member.

 

 

5. Content

 

5.1 AllotMe may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the AllotMe Platform (" Member Content "); and (ii) access and view Member Content and any content that AllotMe itself makes available on or through the AllotMe Platform, including proprietary AllotMe content and any content licensed or authorised for use by or through AllotMe from a third party (" AllotMe Content " and together with Member Content, " Collective Content “).

 

5.2 The AllotMe Platform, AllotMe Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the AllotMe Platform and AllotMe Content, including all associated intellectual property rights, are the exclusive property of AllotMe and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AllotMe Platform, AllotMe Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of AllotMe used on or in connection with the AllotMe Platform and AllotMe Content are trademarks or registered trademarks of AllotMe in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the AllotMe Platform, AllotMe Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

 

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the AllotMe Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AllotMe or its licensors, except for the licenses and rights expressly granted in these Terms.

 

5.4 Subject to your compliance with these Terms, AllotMe grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the AllotMe Platform and accessible to you, solely for your personal and non-commercial use.

 

5.5 By uploading, posting or otherwise making available any Member Content on or through the AllotMe Platform, you grant to AllotMe a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the AllotMe Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, AllotMe does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

 

5.6 AllotMe may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "AllotMe.co.uk Verified Photo" or similar wording (" Verified Images "). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the AllotMe Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your AllotMe Account is terminated or suspended for any reason. You acknowledge and agree that AllotMe shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. Where AllotMe is not the exclusive owner of Verified Images, by using such Verified Images on or through the AllotMe Platform, you grant to AllotMe an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing or publicity purposes in any media or platform. AllotMe in turn grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use Verified Images outside of the AllotMe Platform solely for your personal and non-commercial use.

 

5.7 You are solely responsible for all Member Content that you make available on or through the AllotMe Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the AllotMe Platform or you have all rights, licenses, consents and releases that are necessary to grant to AllotMe the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AllotMe's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) explicitly attempts to use the services provided by AllotMe for any purpose other than finding, or listing Plots and/or growing food, including but not limited to dating, romantic relationships, seeking housing, or purchasing land; (vi) promotes illegal or harmful activities or substances; or (vii) violates AllotMe’s  Content Policy (clause 5) or any other AllotMe policy. AllotMe may remove or disable access to any Member Content that is in violation of applicable law, these Terms or AllotMe’s then-current  Policies  or  Standards , or otherwise may be harmful or objectionable to AllotMe, its Members, third parties, or property. Where AllotMe removes or disables Member Content, AllotMe may notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting  customer service .

 

5.9 AllotMe respects copyright law and expects its Members to do the same. If you believe that any content on the AllotMe Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy .

 

 

6. Service Fees

 

6.1 AllotMe may charge fees to Hosts or Greenfingers, known as "Service Fees".

 

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host prior to publishing or booking a Listing. AllotMe reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

 

6.3 You are responsible for paying any Service Fees that you owe to AllotMe. The applicable Service Fees (including any applicable Taxes) are collected by AllotMe Payments. AllotMe Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Greenfinger Fees are included in the Total Fees collected by AllotMe Payments. Except as otherwise provided on the AllotMe Platform, Service Fees are non-refundable.

 

 

7. Terms specific for Hosts

 

7.1 Terms applicable to all Listings

 

7.1.1 When creating a Listing through the AllotMe Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, amenities, and availability), (ii) disclose any deficiencies, restrictions (such as garden/space rules), and (iii) provide any other pertinent information requested by AllotMe. You are responsible for keeping your Listing information up-to-date at all times.

 

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable for your Listing (“ Listing Fee ”). Once a Greenfinger requests a booking of your Listing, you may not request that the Greenfinger pays a higher price than in the booking request.

 

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

 

7.1.4 Pictures, animations or videos (collectively, " Images ") used in your Listings must accurately reflect the quality and condition of your Host Services. AllotMe reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

 

7.1.5 The placement and ranking of Listings in search results on the AllotMe Platform may vary and depend on a variety of factors, such as Greenfinger search parameters and preferences, Host requirements, price and availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

 

7.1.6 When you accept or have pre-approved a booking request by a Greenfinger, you are entering into a legally binding agreement with the Greenfinger and are required to provide your Host Service(s) to the Greenfinger as described in your Listing when the booking request is made. You also agree to pay any applicable Host Fee and any applicable Taxes.

 

7.1.8 AllotMe recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Greenfingers (and the individuals the Greenfinger has booked for, if applicable) whilst at your Plot or participating in your Host Service.

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7.1.9 All paid bookings made on the AllotMe platform are protected under and subject to the Garden Guarantee. Should an issue arise that falls under the 'Covered Losses', a claim may be made by the Host. By agreeing to these Terms, you are also agreeing to the Terms and Conditions of the Garden Guarantee.

 

7.1.10 When you enter into a rental agreement with a Greenfinger, any information you have provided in your Listing is deemed to form part of your contract. Any subsequent information communicated through the AllotMe Platform's messaging system or otherwise will also be deemed to form part of your agreement. Information may include (but is not limited to) the scope of Host Services provided, such as the rental duration, limitations to access, or any other additional Terms as specified by you. 

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7.2 Listing Plots

 

7.2.1 Any Listing you post and the booking of, or a Greenfinger's renting of a Plot shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, Building Management agreement, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required rights, licenses and registrations).

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7.2.2 When creating a Listing with AllotMe, you do so with the express understanding that any rental arrangement will be completed through the AllotMe platform, regardless of whether the Plot is listed as a Paid Plot or a Free to Rent Plot. Attempts to take transactions offline may result in the permanent removal of your account from the AllotMe Platform. 

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7.3 Minimum Rental & Cancellation Notice Periods

 

7.3.1 Hosts are required to specify their preferred notice period for terminating a rental agreement, as well as the minimum plot rental duration options. These options will be communicated clearly in the listing details after they are selected during the listing process. Greenfingers must adhere to this notice period when initiating a termination.

 

8. Terms specific for Greenfingers

 

8.1 Terms applicable to all bookings

 

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by AllotMe and/or the Host, you can book a Listing available on the AllotMe Platform by following the respective booking process. All applicable fees (if any), including the Listing Fee, Greenfinger Fee and any applicable Taxes (collectively, “ Total Fees ”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your AllotMe Account.

 

8.1.2 Upon receipt of a booking confirmation from AllotMe, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing, or in any subsequent communication between both parties through the Allotme Platform or otherwise. AllotMe Payments will collect the rent payment at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. We reserve the right to offer discounts from time to time.

 

8.1.3 If you book a Host Service on behalf of additional Greenfingers, you are required to ensure that every additional Greenfinger meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional Greenfinger who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate in an Host Services if accompanied by an adult who is responsible for them.

 

 

 

8.2 Booking Plots

 

8.2.1 You understand that a confirmed booking of a Plot (“ Plot Booking ”) is a limited license granted to you by the Host to enter, occupy and use the Plot for the duration of your agreement for the purposes of gardening, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Plot, in accordance with your agreement with the Host. 

 

8.2.2 You agree to leave the Plot as mutually agreed upon between you and the Host. If you re-enter to the Plot past the agreed upon vacate time without the Host's consent (“ Overstay ”), you no longer have a license to access the Plot and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, any legal expenses incurred by the Host to make you leave (collectively, " Overstay Fees "). Overstay Fees for late vacations on the vacate date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at a Plot, you authorise AllotMe (via AllotMe Payments) to charge you to collect Overstay Fees. 

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8.2.3 Fair Use - You understand that any attendance at the Plot is subject to agreement between you and your Host.  You must obtain permission from the Host as to the timing and frequency of your visits to the Plot at the beginning of your rental period. You understand that this may be subject to change dependant upon the Host's circumstances and ongoing agreement between both parties. 

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8.3 Minimum Rental & Cancellation Notice Periods

 

8.3.1 Each individual Plot will have its own unique options for the cancellation and notice period policy, as set out by the Host. Greenfingers can select a minimum rental duration, and a notice period for terminating a rental agreement, subject to the options provided by the Host. Cancellations of plot rentals can only be initiates after the the minimum rental duration, and are subject to the notice period chosen at the beginning of the rental.  

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9. Booking Modifications, Cancellations, Refunds, & Resolution.

 

9.1 Hosts and Greenfingers are responsible for any modifications to a booking that they make via the AllotMe Platform or direct AllotMe customer service to make (" Booking Modifications "), and agree to

pay any additional Listing Fees, Host Fees or Greenfinger Fees and/or Taxes associated with such Booking Modifications.

 

9.2 Greenfingers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, as is stated on each listing page, and AllotMe Payments will refund the amount of the Total Fees due to the Greenfinger in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by AllotMe Payments pursuant to the Payments Terms .

 

9.3 If a Host cancels a confirmed booking, the Greenfinger will receive a full refund of the Total Fees for such booking. In some instances, AllotMe may allow the Greenfinger to apply the refund to a new booking, in which case AllotMe Payments will credit the amount against the Greenfinger’s subsequent booking at the Greenfinger’s direction. Further, AllotMe may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, AllotMe may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to  AllotMe’s Extenuating Circumstances Policy  or has legitimate concerns about the Greenfinger’s behaviour.

 

9.4 In certain circumstances, AllotMe may cancel a pending or confirmed booking on behalf of a Host or Greenfinger and initiate corresponding refunds and payouts. This may be for reasons deemed to be Extenuating Circumstances by AllotMe or for the reasons set out in Section 15 of these Terms. Where AllotMe cancels a booking, AllotMe will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

 

9.5 If a Greenfinger who books a Plot suffers an Issue as defined in the  Greenfinger Refund Policy, AllotMe may determine to refund the Greenfinger part or all of the Total Fees in accordance with the Greenfinger Refund Policy. 

 

9.6 If a Greenfinger or AllotMe cancels a confirmed booking, and the Greenfinger receives a refund in accordance with the Greenfinger Refund Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, AllotMe Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host, or by requesting a payment is returned to AllotMe's bank account.

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9.7 Payment Failures

 

9.7.1 If a rent payment fails to be taken from a Greenfinger, a notification will be sent to both the Host and Greenfinger to alert both parties. Whilst the Plot rent payment is in arrears, the rental is deemed to be in a paused state, and as such, access to the plot is prohibited until the payment has been rectified.

 

9.7.2 A Greenfinger has 30 days, or until the date immediately preceding the next scheduled payment date, to resolve the issue. If the payment has not been rectified during this time, the plot rental will be permanently terminated on the date of the next scheduled payment. At this point, no further access to the plot should be granted to the Greenfinger by the Host. 

 

9.7.3 If a Greenfinger fails to rectify a payment within the allotted time, the plot rental will be terminated, even if this falls within the agreed upon minimum rental duration. 

 

9.7.4 When a payment failure is not rectified within the allotted time, the agreed upon notice period for cancellations will no longer be in effect, resulting in the termination of the plot rental on the next scheduled payment date. 

 

10. Ratings and Reviews

 

10.1 Within a certain timeframe after completing a booking, Greenfingers and Hosts may be able to leave a public review (“ Review ”) and submit a star rating (“ Rating ”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of AllotMe. Ratings and Reviews are not verified by AllotMe for accuracy and may be incorrect or misleading.

 

10.2 Ratings and Reviews by Greenfingers and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with AllotMe’s Content Policy (5)  and  Extortion Policy.

 

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

 

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the AllotMe Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

 

 

11. Damage to Plots, Disputes between Members

 

11.1 As a Greenfinger, you are responsible for leaving the Plot (including any personal or other property located at the Plot) in as good a condition as it was in when you arrived, or better. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Plot, excluding the Host (and the individuals the Host invites to the Plot, if applicable).

 

 

11.3 Members agree to cooperate with and assist AllotMe in good faith, and to provide AllotMe with such information and take such actions as may be reasonably requested by AllotMe, in connection with any complaints or claims made by Members relating to Plots or any personal or other property located at a Plot (including, without limitation, payment requests made under the AllotMe Garden Guarantee). A Member shall, upon AllotMe's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by AllotMe or a third party selected by AllotMe or its insurer, with respect to losses for which a Member is requesting payment from AllotMe (including but not limited to payments under the AllotMe Garden Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.

 

 

12. Rounding off

 

AllotMe generally supports payment amounts that are payable from or to Greenfingers or Hosts to the smallest unit supported by a given currency (i.e., GBP pennies, Euro cents or other supported currencies). Where AllotMe’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, AllotMe may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Greenfingers or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest Pound, Euro or other supported currency); for example, AllotMe may round up an amount of £102.50 to £103.00, and round down an amount of £104.49 to £104.00.

 

 

14. Prohibited Activities

 

 

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the AllotMe Platform. In connection with your use of the AllotMe Platform, or participation in Host Services you will not and will not assist or enable others to:

 

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;

• use the AllotMe Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies AllotMe endorsement, partnership or otherwise misleads others as to your affiliation with AllotMe;

• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the AllotMe Platform in any way that is inconsistent with AllotMe’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

• use the AllotMe Platform in connection with the distribution of unsolicited commercial messages ("spam");

• offer, as a Host, any Plot that you do not yourself own or have permission to make available as a space for growing fruit, vegetables or any other vegetation through the AllotMe Platform;

• unless AllotMe explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;

• contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the AllotMe Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;

• use the AllotMe Platform to request, make or accept a booking independent of the AllotMe Platform, to circumvent any Service Fees or for any other reason;

• request, accept or make any payment for Listing Fees outside of the AllotMe Platform or AllotMe Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold AllotMe harmless from any liability for such payment;

• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;

• misuse or abuse any Listings or services associated with the AllotMe Platform;

• use, display, mirror or frame the AllotMe Platform or Collective Content, or any individual element within the AllotMe Platform, AllotMe's name, any AllotMe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the AllotMe Platform, without AllotMe's express written consent;

• dilute, tarnish or otherwise harm the AllotMe brand in any way, including through unauthorised use of Collective Content, registering and/or using AllotMe or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to AllotMe domains, trademarks, tag lines, promotional campaigns or Collective Content;

• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the AllotMe Platform for any purpose;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by AllotMe or any of AllotMe's providers or any other third party to protect the AllotMe Platform;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the AllotMe Platform;

• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the AllotMe Platform;

• export, re-export, import, or transfer the Application except as authorised by United States law, the export control laws of your jurisdiction, and any other applicable laws; or

• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

 

14.2 You acknowledge that AllotMe has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the AllotMe Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist AllotMe in good faith, and to provide AllotMe with such information and take such actions as may be reasonably requested by AllotMe with respect to any investigation undertaken by AllotMe or a representative of AllotMe regarding the use or abuse of the AllotMe Platform.

 

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to AllotMe by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

 

15. Term and Termination, Suspension and other Measures

 

15.1 This Agreement shall be effective until such time when you or AllotMe terminate the Agreement in accordance with this provision.

 

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your AllotMe Account as a Host, any confirmed booking(s) will be automatically cancelled and your Greenfingers will receive a full refund. If you cancel your AllotMe Account as a Greenfinger, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

 

15.3 Without limiting our rights specified below, AllotMe may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

 

15.4 AllotMe may immediately, without notice, terminate this Agreement and/or stop providing access to the AllotMe Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of AllotMe, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).

 

15.5 In addition, AllotMe may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the AllotMe Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or AllotMe otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of AllotMe, its Members, or third parties, or to prevent fraud or other illegal activity:

    

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;

• cancel any pending or confirmed bookings;

• limit your access to or use of the AllotMe Platform;

• temporarily or permanently revoke any special status associated with your AllotMe Account;

• temporarily or in case of severe or repeated offences permanently suspend your AllotMe Account and stop providing access to the AllotMe Platform.

 

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by AllotMe and an opportunity to resolve the issue to AllotMe's reasonable satisfaction.

 

15.6 If we take any of the measures described above (i) we may refund your Greenfingers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

 

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your AllotMe Account or any of your Member Content. If your access to or use of the AllotMe Platform has been limited or your AllotMe Account has been suspended or this Agreement has been terminated by us, you may not register a new AllotMe Account or access and use the AllotMe Platform through an AllotMe Account of another Member.

 

15.8 If AllotMe takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service.

 

 

16. Liability

 

AllotMe is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. AllotMe is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of AllotMe in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of AllotMe is excluded.

 

17. Indemnification

 

To the maximum extent permitted by applicable law, you agree to release, defend (at AllotMe’s option), indemnify, and hold AllotMe and its affiliates and subsidiaries, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the AllotMe Platform or any AllotMe Services, (iii) your interaction with any Member, renting of a Plot, participation in any Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use of, renting, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 17 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

 

20. Feedback

 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the AllotMe Platform (“Feedback“). You may submit Feedback by emailing us, through the “Get in Touch” section in the footer of the AllotMe Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

21. Applicable Law and Jurisdiction

 

These Terms are governed by and construed in accordance with UK law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of UK law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of AllotMe's place of business in the UK. If AllotMe wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the UK courts.

 

 

22. General Provisions

 

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between AllotMe and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between AllotMe and you in relation to the access to and use of the AllotMe Platform.

 

22.2 No joint venture, partnership, employment, or agency relationship exists between you and AllotMe as a result of this Agreement or your use of the AllotMe Platform.

 

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

 

22.5 AllotMe’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without AllotMe's prior written consent. AllotMe may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

 

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by AllotMe via email, AllotMe Platform notification, or messaging service (including SMS and Messenger chat). 

 

22.8 If you have any questions about these Terms please email us.

 

 

Thank you for using AllotMe.