Terms & Conditions
Please read these terms of use (and related links) as they contain important information regarding your legal rights, remedies and obligations and how you may make use of our site www.fillit.com. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. We recommend that you print a copy of these terms of use for future reference.
About Us
Fillit Space Limited (“Fillit”) is registered in Ireland under company number 572284. We have our registered office at Pottery House, Pottery Road, Dun Laoghaire, Co. Dublin, Ireland.
To contact us, please email support@fillit.com.
There are Other Terms That May Apply to You
These terms of use refer to the following additional terms, which also apply to your use of our site:
·Our Privacy Policy
·Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this acceptable use policy.
·Our Cookie Policy, which sets out information about the cookies on our site.
How We Work
Fillit provides an online platform that connects people who have empty space with people looking for temporary space in shopping centres and high street retail locations. Letting arrangements are made directly between Licensors and Licensees with Fillit acting as a facilitator to collect agreed funds from Licensees on behalf of Licensors.
'Licensor'
A Licensor is any user who manages a space/s on our site.
Fillit is not responsible for the conduct of any prospective Licensee during the negotiations of any license agreement, any damage caused to any licensed property by a Licensee and/or any loss or damage suffered by a Licensor. Licensors accept that any decision to license a property to a particular Licensee is made solely by the Licensor without any representation, warranty or statement made by Fillit. Licensors are responsible for satisfying themselves that no relationship of landlord and tenant arises between them and any relevant Licensee. Licensors should satisfy themselves in relation to whether any Licensee is required to sign a deed of renunciation. Fillit shall have no responsibility to any Licensor in the event that any Licensee becomes entitled to any tenancy rights under any license agreement which is entered into through the Website. Licensors making their properties available through www.fillit.com agree that Fillit will act as a third-party agency to accept bookings and receive payments into its account, which payments shall be processed by Stripe, and hold the payments in escrow until the first day of the license period (as set out in the license agreement). Licensors agree to pay a Service Fee (defined below) to Fillit in return for facilitating the license arrangement. Fillit has no obligations to Licensors whatsoever under any license agreements entered into with a Licensee including, but not limited to, reinstating, repairing or replacing any properties licensed by Licensors at the end of any license agreement. Licensors understand and agree that they are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in listings. Licensors are also solely responsible for remitting to the relevant authority any taxes included or received by them. Fillit cannot and does not offer tax-related advice.
'Licensee'
A Licensee is any user who expresses interest in a space on Fillit. Interest can include; 'Enquiries', 'Requests' or browsing our site.
If you are a potential Licensee, when you have identified a property on Fillit which meets your requirements you submit an enquiry to the Licensor via our site. The Licensor will then promptly respond, either accepting your enquiry or declining it. If the offer is accepted, you will enter into an agreement with the Licensors either on the template terms of the license agreement (which can be viewed here [INSERT LICENSE AGREEMENT AS LINK] or specific terms advised by the Licensor. A Licensee shall be obliged to sign a deed of renunciation in the event it is requested to do so by a Licensor, whether such request is made before or after the commencement of the license period.
By using our site to access the database of available properties the Licensee agrees that they shall not make license fee payments in respect of properties they have found on our site directly to the Licensor other than with the prior written agreement of Fillit. Licensees must comply with the terms of their agreement with the Licensor, including any special terms or requirements that may be specified by the Licensor prior to the entry into the license agreement, or later if agreed between the Licensee and the Licensor. Licensees are responsible for insurance against risks normally borne by occupiers of retail premises or otherwise specified by the Licensors. If a Licensee has any doubt about what insurance is required they should consult their own insurers or insurance brokers.
Fillit is happy, but without any legal obligation, to link Licensees with our partner agency to arrange temporary event/retail insurance. Licensees are responsible for satisfying themselves that a listed property fits their requirements, both as regards the specific features and facilities at the property and as regards the location. Fillit does not warrant or represent that listings by Licensors are of suitable condition to be let or that Licensors have the right to enter into license agreements in respect of the properties listed by Licensors and to receive licensee fees in respect of the properties. Licensors are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on our site. Fillit disclaims all liability for the legality, accuracy or completeness of any offers to license or content posted by Licensors and in respect of any proposed license agreement that fails to complete for any reason whatsoever. License agreements are made exclusively between Licensors and Licensees. Fillit is not a party to any license agreement, or negotiation to any license agreement, and does not fulfil any obligations derived from the contractual relationship between Licensees and Licensors. Fillit does not make or accept any offers, either in its own capacity or on behalf of either Licensees and Licensors or any other party. Fillit disclaims all liability arising from or related to any license agreement to the fullest extent permitted by law. Licensees must ensure that all fire and safety standards are always maintained. Equipment, furniture or storage must never block or impede access or egress from the building. Fire exits and equipment must always be kept clear and available.
Once the Licensor accepts the request from a Licensee submitted through our site both the Licensor and the Licensee are bound by the terms of the license agreement.
General Terms
Fillit does not at any time provide, or purport to provide, any advice, or advisory services, to Licensors, Licensees or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any license agreement. Fillit disclaims all liability relating to the provision of advice relating to the property. Licensors and Licensees accept that Fillit’s role is limited to no more than that of a facilitator. Fillit reserves the right at our sole discretion to remove listings from our site and any illegal, inaccurate or misleading content, including anything that in our sole discretion we considers is injurious to Fillit’s goodwill or goodwill attaching to our site, without notice. Fillit reserves the right, at its sole discretion, to modify our site, application or services or to modify these terms of use, including the Service Fees, at any time and without prior notice. If we modify these terms of use, we will post a notification on our site or via the Application or otherwise provide you with notice of the update in the "Last Updated Date" section at the top of these terms of use. By continuing to access or use our site, application or services after we have posted a modification on our site or via the application or have provided you with notice of a modification, you confirm that you accept the modified terms of use and that you agree to comply with the modified terms of use. If the modified terms of use are not acceptable to you, your only recourse is to cease using our site, application and services.
Payment
Once the Licensor accepts the request from a Licensee submitted through our site both the Licensor and the Licensee are bound by the terms of the license agreement. The Licensee must enter their credit card details to confirm their booking. Payment will be automatically processed as soon as the Licensor’s cancellation period expires, unless the Licensee or the Licensor cancel the license agreement. Payment will be held in escrow until the first day of the license period (as set out in the license agreement), after which the Fillit service fee (as agreed in writing between Fillit and the Licensor from time to time) (the “Service Fee”) will be deducted and paid to Fillit, and the balance of the license fee will be transferred to the Licensor's bank account within 5-8 business days. Pay-outs to the Licensor can be subject to delay from time to time but will be transferred at the earliest opportunity possible. Fillit shall have no liability for delays in payment and the Licensor shall have no entitlement to any interest in the event of delayed payment.
Cancellation Policy
Fillit allows Licensors to choose one of two standardised cancellation policies from ‘Relaxed’ to ‘Somewhat Flexible’ when a space is listed (this selection can be changed at any time). ‘Somewhat Flexible’ allows Licensees to cancel up to 7 days before the requested booking date and ‘Flexible’ allows a full refund up to 48 hours prior to the requested the booking date. Each listing will clearly state the cancellation policy, Licensees are responsible for making themselves familiar with the Licensors selection. Fillit fees are non-refundable. However, if a Licensor cancels after the cancellation period expires, and the Licensee chooses to be refunded, the full amount including the Service Fee shall be refunded to the Licensee within 5-8 business days of the receipt of the Licensee’s bank details by Fillit. As a consequence of this breach of contract, Licensors may be liable at the discretion of the Licensee, for damages or costs incurred as a direct result of the cancellation. Pay-outs to the Licensee can be subject to delay from time to time but will be transferred at the earliest opportunity possible. Fillit shall have no liability for delays in payment and the Licensee shall have no entitlement to any interest in the event of delayed payment.
Since cancellations by a Licensor can impact confidence in the platform, after three cancellations in one year (or at the sole discretion of Fillit), the listing will be suspended until an internal review is conducted. Extenuating circumstances will be considered on a case by case basis.
Eligibility
Fillit makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from the use of our site and the introduction of any prospective Licensee to Licensor.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors/bloggers) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If Fillit covers the cost of the professional photographer to capture your space, Fillit retains the rights to these images. Licensors are free to use their own photos on the condition that the Fillit watermark is maintained and Fillit is credited. Images uploaded to Fillit must have no text or logos added. Photos must NOT be manipulated in any way. Fillit reserves the right to delete images uploaded to our site at any stage and with no warning. Persistent misuse of Fillit image policy will result in written warnings and/or blocking from our site.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We May Suspend or Withdraw Our Site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We May Transfer This Agreement to Someone Else
We may transfer our rights and obligations under these terms of use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
User-Generated Content is Not Approved By Us
This site may include information and materials uploaded by other users of our site. This information and these materials have not been verified or approved by Fillit. The views expressed by other users on our site do not represent our views or values.
How to Complain About Content Uploaded by Other Users
If you wish to complain about content uploaded by other users, please contact us on support@fillit.com.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties, representations or other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or the results of the use of our site (including, but not limited to, the entry into a license agreement with any other user of our site), any websites linked to it and any materials posted on it, including:
• loss of income or revenue;
• loss of profit, sales, business, revenue or contracts;
• business interruption;
• loss or corruption of data;
• loss of goodwill or reputation;
• wasted management or office time;
• whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Information about you and your visits to our site
We keep information from our site that is relevant to listing and licensing spaces. For the avoidance of any doubt, Fillit uses a third party to process all payment details submitted through our site. We do not collect or retain credit card information. Payments are all processed externally by Stripe and Fillit is not liable for any breaches to your personal data submitted to Stripe. You can visit their website at https://stripe.com/help/security to understand their policies.
To see how we treat and store your personal data, please review our Privacy Policy.
Transactions concluded through our site
License agreements formed through our site or as a result of visits made by you are governed solely by the terms and conditions of the individual license agreement agreed between the users of our site.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to contact other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy
You are solely responsible for securing and backing up your content.
Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Criminal Justice (Offences Relating to Information Systems) Act 2017. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Misuse of our site also refers to soliciting for business to the Licensors of the spaces listed on our site. Our site may not be used to solicit business by attempting to sell something or ask for a donation. This will be classed as misuse of our site and will not be tolerated.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to support@fillit.com.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
Changes to the Terms and Conditions
We may revise these terms of use at any time by amending this page. Every time you wish to use our site, please check these terms of use to ensure you understand the terms of use that apply at that time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your Concerns
If you have any concerns about material which appears on our site, please contact support@fillit.com.