House of Flow Membership Terms + Conditions
By joining House of Flow as a member or by booking any House of Flow facilities, you accept the following terms and conditions (the ‘Terms’). These Terms, together with the ‘acceptable use policy’ for the House of Flow Members’ Site (accepted upon first accessing the Members’ Site), form the entire agreement between you and House of Flow S.L.
House of Flow is located in Spain and you will be deemed to contract with House of Flow S.L, a company incorporated under the laws of Spain and having an address at Avenida de Andalucía 9, 29679 Benahavis, Málaga, Spain.
By joining House of Flow, you confirm that you are at least 18 years old, that you have the necessary legal capacity to enter into legally-binding contracts under applicable law, and where you are contracting on behalf of a company, you are properly authorised to bind the company to these Terms [which includes that you agree to adhere to our Terms of Service and Community Guidelines].
1.MEMBERSHIP TYPES
Membership of House of Flow will be one of the following membership types as selected by you as part of the application process, each with varying benefits and access as detailed in the Membership Package Details.
Names and membership types are subject to change and may be seasonally dependent. Exact opening and closing times are also seasonally dependent.
For the purposes of these Terms, “Member(s)” shall mean the member(s) whose details you included as part of the application process). In the case of group memberships, you shall be responsible for notifying these Terms to your group members and ensuring compliance with them. Groups should notify House of Flow promptly, and within one week, when there are any changes to the group’s members.
All memberships are non-transferrable and team memberships may only be used by the persons named by the group.
Membership cards will be confiscated if found being used for access by anyone other than the applicable Member, and the misuse of membership cards will be taken into consideration upon any request to renew a membership.
Should you wish to change your membership we will try to make every endeavour to accommodate the request, but any change is subject to availability and the prior agreement of House of Flow. Any agreed change to your membership may require you to resubmit an application and accept the then current Terms.
2.FEES
Upon joining an upfront registration fee of €90 is payable in respect of individual memberships.
You must enter your payment details into the House of Flow Members’ Site. By providing your payment details, you accept and consent to your card or bank account being charged with membership fees through our online House of Flow Members’ Site, both on joining and periodically thereafter as set out herein.
You agree to notify House of Flow as soon as possible if changes are made to any payment details associated with your House of Flow membership by updating the information on the House of Flow Members’ Site.
Membership fees are charged in accordance with the payment plan selected as part of the application process. Membership fees may be subject to an increase at any time.
Any reduction or other discount to the membership fees as compared with the rate set out during the application process is applicable for the set period which has been agreed with the Membership Manager, after which the rate will revert back to that set out during the application process.
Unless otherwise agreed by the Membership Manager, membership fees are payable monthly in advance and will be charged on the first day of each month (or where the first day of the month is not a business day, the next following business day).
Failure to pay any membership fees or monthly charges within 5 days of you being notified of the overdue payment will result in late fees being applied. House of Flow reserves the right to charge interest on any overdue amount at a rate of 6% per annum. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. Continued payment delinquency will result in suspension of your House of Flow membership until payment has been made, with potential membership termination.
3. MEMBERSHIP COMMENCEMENT
A membership is only considered confirmed once these Terms have been accepted, and the registration fee, first month’s pro rata membership fee, identification documents and all monthly payment details have been received and verified.
4. MEMBERSHIP TERM, RENEWAL + TERMINATION
Unless otherwise terminated in accordance with these Terms, all memberships are for a fixed term of twelve (12) months.
Unless otherwise agreed by the Membership Manager, Membership may be terminated by Member on notice as follows:
- Minimum of one calendar month’s notice must be given for termination of memberships.
- Any remaining balance of membership or related fees will be returned, minus bank charges, within sixty (60) days.
In addition to being able to terminate your membership in accordance with the notice periods set out above, House of Flow reserves the right to terminate your membership immediately if you are in breach of these Terms.
Members should also expect to be asked to present their membership card when they sit down to eat or drink or if they open a bar tab. Where any member allows his or her card to be used by a non-member, such non-member shall be denied access to, or removed from, the House and the member whose card was used may face suspension or termination of their own membership. Please notify us immediately if your membership card is lost or stolen.
Upon termination of membership, all membership cards will be deactivated by 6pm on the final day of membership and must be returned to House of Flow.
If your membership is terminated by House of Flow, any of your outstanding House credits will immediately expire on the date of termination of your membership and you will no longer be able to use them.
6. ACCESS
If access to House of Flow is unavailable at any time, House of Flow will endeavour to give Members as much prior notice as possible. Please note that normal business hours at House of Flow may change subject to season or private/public events so please speak to the team at House of Flow who will be able to advise.
House of Flow membership cards, as well as any other access devices, should not be shared with or given to others. They may also not be duplicated in any way and must be returned upon termination of your membership. A replacement fee of €10 will be charged for any lost or damaged cards.
7. TECHNOLOGY & SUPPORT
Access to the House of Flow networks and public internet is provided for Members and guests, the use of which must be made in accordance with applicable laws and any House of Flow usage policies, and must not be used for any activity which is considered by House of Flow to be illegal, immoral or have a detrimental effect on other members or guests.
Such access is subject to reasonable and fair usage by Members and guests in the absolute discretion of House of Flow.
Access to the House of Flow Members’ Site is offered free of charge to all Members. The House of Flow Members’ Site is designed to connect members of our community and to help House of Flow manage membership and use of the House of Flow Members’ Site shall be subject to your acceptance of the House of Flow Members’ Site acceptable use policy (which you will be invited to accept upon using the House of Flow Members’ Site for the first time and again each time you use the House of Flow Members’ Site where there is a change to that policy).
House of Flow seeks to ensure that the performance of the internet, network, House of Flow Members’ Site and any technology provided is sufficient for working purposes but cannot guarantee such performance and cannot be held responsible for any direct, indirect or consequential loss or damage of any kind resulting from any performance related issues.
8. PHONE CALLS AND DISCUSSIONS
Members are asked to be considerate to other members around them when using their mobile telephones and are encouraged to book meeting rooms for lengthier, noisier or private calls. The use of loudspeakers in mobile telephones, laptops or other devices is prohibited in public areas (whether for the purposes of conducting telephone calls or otherwise).
9. RETAILING
The premises – and the spaces within it – are not to be used as public retail facilities.
10. SECURITY
Members are responsible for their possessions at all times within the premises. House of Flows’ insurance does not cover or include loss, damage or theft of Members’ possessions. Members’ who leave possessions unattended at any time on the premises do so at their own risk.
House of Flow accepts no responsibility or liability for loss or damage to property brought into the premises. This is not intended to affect any mandatory rights you have under local law that cannot be legally restricted or excluded.
11. HEALTH & SAFETY
House of Flow will comply with its legal obligations in respect of the wellbeing and safety of all those within the premises.
Members should not do anything that compromises their own safety or that of others whilst within the premises.
Members are responsible for ensuring that all furniture supplied and used within the premises is appropriate for their particular needs. If you require any specific accommodations, please let us know and we will do our best to make reasonable modifications or adjustments.
Members must immediately report any injury which has occurred at the premises, near misses, or any potential risk or danger a Member becomes aware of, including any worn or damaged equipment, to the Membership Manager of the premises.
12. LIABILITY OF HOUSE OF FLOW
Nothing in these Terms shall limit or exclude House of Flows’ liability for death or personal injury caused by its negligence (or that of its employees or agents) or fraud or fraudulent misrepresentation.
Subject to the above, in no circumstances will House of Flow be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) to Members for any loss of profits, loss of production, loss of or corruption to data, loss of or corruption to software, loss of business, loss of revenue, loss of operation time, loss of goodwill or reputation or loss of opportunity, in each case whether direct or indirect, suffered by you or any claim by third parties made against you.
House of Flows’ total liability to an individual Member (or team where applicable) or any guest whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms shall not exceed the charges paid by such Member or team under the Terms in the 12 months prior to the first event or occurrence giving rise to the liability.
13. REFERRALS
We encourage you to refer individuals to House of Flow. Should you do so, you consent to the referred individual sharing your name and email address with House of Flow in order for House of Flow to confirm the referral.
14. NOTICES
Any notice or other communication to be given under or in connection with these Terms shall be in writing and shall be either sent by email. Notices to be given to House of Flow should be marked for the attention of the Membership Manager. These notice provisions do not apply to the service of any proceedings or other documents in any legal proceedings.
15. YOUR OBLIGATIONS
These Terms create no tenancy, lease or other real property interest in your favour with respect to any House of Flow premises.
Equipment and resources provided within House of Flow is intended solely for Members and permitted guests, and may not be removed from the premises under any circumstances.
Members are responsible for electrical safety testing and certification of their own equipment. Members shall at all times comply with any policies issued by House of Flow relating to use of equipment.
Members are asked to be considerate of the wider environment and other members. Members should show consideration to those around them when listening to music or spoken word and should be respectful of other user’s need for privacy.
House of Flow is not responsible for the actions of Members and shall have no responsibility with regard to, or obligation to participate in or mediate, any dispute between Members.
All food and drink bills must be settled in full before leaving the House of Flow. There are no credit facilities.
Members must abide by all applicable laws as well as any policies issued by House of Flow from time to time regarding the consumption of alcohol.
Members are responsible for the actions of and damage caused by any guests they invite to House of Flow premises.
You agree to release, indemnify and keep indemnified House of Flow and its affiliates from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by House of Flow to the extent arising out of or in connection with your, or your guests’, failure to comply with these Terms, or your use of House of Flow premises and your membership.
Members shall only be entitled to take photographs and film within the premises if they have obtained prior written consent from House of Flow.
Members must not use, copy or reproduce the House of Flow name, logo, colours, trade mark or other identifying features without obtaining the prior written consent of House of Flow or the Membership Manager.
Members may not alter any part of the physical space, furniture, or equipment.
Members nor their guests shall do anything at or from the premises which is illegal, unlawful, immoral, unsafe or dangerous.
House of Flow is a non-smoking environment, apart from designated outside spaces, and the use of vapes and e-cigarettes is not permitted at any House of Flow premises.
16. MISCELLANEOUS
16.1 Amendments
These Terms may be amended by us from time to time. A link to the current Terms can be found via the website at any time.
16.2 Force Majeure
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms (with the exception of any obligations on a Member’s part to pay any sum due under the Terms) if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that the affected party shall use its reasonable endeavours to resume normal performance.
16.3 Waiver
The failure by a party to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies nor shall it preclude or restrict the further exercise of that right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
16.4 Severance
If any provision of these Terms (or part of any provision) shall be found by any court or competent authority to be invalid or unenforceable, that provision or part- provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of these Terms shall not be affected.
16.5 Assignment
House of Flow may at any time assign, transfer, charge, subcontract, delegate or deal in any other manner with any or all of its rights and obligations under these Terms. Members are not permitted to assign, transfer, charge, subcontract, or deal in any other manner with any of its rights and obligations under these Terms.
17. INFORMATION + DATA PROTECTION
It is important for us to have your current details, plus a photograph of you in our membership database.
By becoming a member of House of Flow, you agree that we can hold your personal details and a photograph to use in connection with your membership. Please inform us if your contact or payment details change. We will use the personal information you provide to us in accordance with our Privacy Policy.
18. GOVERNING LAW, ARBITRATION + CLASS ACTION WAIVER
18.1 Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of House of Flow S.L, a company incorporated under the laws of Spain and having an address at Avenida de Andalucía 9, 29679 Benahavis, Málaga, Spain.
18.2 Arbitration + Venue
Each Member agrees that, except as provided in the definition of disputes below, any and all disputes whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury, in accordance with these terms.
18.3 Proceedings; Judgement
The proceedings shall be confidential and in Spanish [or English], the award rendered final, and judgement on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable legal fees and other fees, costs and expenses in connection with the action, suit or proceeding, as well as any appeal or petition, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. These Terms shall be interpreted and construed in the Spanish [or English] language.
18.4 Class Action Waiver
Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither any Member nor House of Flow will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. The parties agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if House of Flow are a party to the proceeding. The Members agree to give up their right to participate as a class representative or class member on any class claim against House of Flow including any right to class arbitration or any consolidation of individual arbitrations.
Except as described below, the term “Dispute” as used herein means any dispute, claim, or controversy between a Member and House of Flow regarding any aspect of your relationship with House of Flow, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration provision and Class Action Waiver.
However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
Contacting Us
Should you have any questions regarding your membership and/or our community guidelines please contact us at members@houseofflow.com
