Soho House & Co
House Pay: terms and conditions
House Pay is operated by Soho House UK Limited, a company registered in England and Wales under registration number 02864389 and our registered address is 180 The Strand, London, WC2R 1EA, United Kingdom (VAT number 752624629).
By using House Pay, and the features and services made available through House Pay, you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and Soho House. House Pay is not targeted at children under the age of 13, and they are not permitted to use House Pay or any of its services. We strongly encourage all parents and guardians to monitor the internet use of their children. If you use House Pay, you affirm you are at least 13 years old. If you do not wish to be bound by these House Pay Terms then you should stop using the House Pay mobile application.
1. What is House Pay?
House Pay is a feature within the Soho House app that gives members the ability to pay for food and drink within our Houses. Our aim is to build stronger connections with our members and incorporate frictionless payments as part of your Soho House membership and experience.
2. How does House Pay work?
You can use House Pay to purchase food and drink. In order to use House Pay, you first need to add a debit and or credit card onto your Soho House app using the 'Add Payment Method' function ('Stored Card'). Please note that your Stored Card must be in your name. Make sure you follow the prompts carefully to ensure that you correctly upload and are able to use your Stored Card for the House Pay services. For more information on how House Pay works and what you can use it for, please see the FAQ section on your Soho House app.
3. How do payments via House Pay work?
If you do wish to use House Pay to pay for food and/or drinks at Soho House, you confirm that we may do a validation check on your payment method to ensure your Stored Card is valid and can be used to take payment by us if you forget, or are unable, to settle your bill. If you forget to settle your bill before leaving, one of our managers will close the tab for you by initiating payment via the till using your Stored Card. In this event it will not be possible to apply any discounts.
When your bill is closed, either by yourself at the end of the transaction, or by one of our managers when they either (a) notice you have left or (b) when they are cashing up at the end of the night, the value of the total amount payable by you for your food and beverage (including additional charges) will be charged on your Stored Card.
For more information on how you can use House Pay to pay for food and drinks, including how we will charge your Stored Card in the case of walkouts, please see the FAQ section.
If you have made a payment using House Pay and you need a refund, a refund will have to be made in person or over the phone using your physical card details.
5. Changes to the terms
These Terms may change as we continue to evolve our business, as may House Pay, the services offered via House Pay (including the extent of services for which you are able to pay using your Stored Card) or any portion thereof. If we change these Terms, we will post the revised document here, and such changes will be effective immediately upon that posting. Your continued use of House Pay and the House Pay services constitutes your acceptance of such changes and agreement to be bound by the modified Terms. As a result, we recommend that you review these Terms periodically when accessing or using House Pay. These terms were last updated on 22 October, 2019.
You can access House Pay through your Soho House mobile app. You will be required to register for and sign in to your Soho House account to use certain features of House Pay. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password, or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorised use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. Notwithstanding anything to the contrary in these Terms, we reserve the right to deny the creation of, suspend access to, or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
Your use of House Pay and its contents, functionality and services including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you view ('Content') is subject to these Terms. Any Content that you access on the House Pay is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names 'Soho House', 'Little House' 'Little Beach House' 'Soho Beach House' 'Cowshed', 'Soho Home', 'Cecconi's', 'Dean Street Townhouse' and other business names and logos displayed on House Pay may be trademarks belonging to us or other companies in the Soho House Group ('Trade Marks').
To the maximum extent legally permitted, you cannot link to or seek to extract data from House Pay or reutilise any part of House Pay or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from, or affiliation to, us or other companies in the Soho House Group, or in any other way without our prior written permission (at our sole discretion). No act of downloading or copying from, or otherwise using House Pay, even with our permission, will transfer any title, interest or right in or to House Pay or Content to you. Soho House hereby expressly reserves all rights not expressly granted in, and to, the House Pay and Content.
8. Links to other websites
House Pay may link to third-party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their contents or how they operate. Where House Pay includes any links to third-party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third-party websites or any purchase you make through them. Soho House will not be liable for any loss or damage arising out of, or in connection with, your access to us or reliance on any third-party sites.
9. Use and acceptable conduct
You must only use House Pay for legal purposes in accordance with these Terms and are prohibited from using House Pay to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of House Pay is subject to these Terms, our 'House Rules', our privacy and cookie policies, and other policies or guidelines that we may communicate to you from time to time.
You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on House Pay is complete, accurate and up to date. In relation to any material you submit to us or post on House Pay, you undertake to us that either you own this material or have the necessary rights, clearances and/or approvals you need to submit or post such material.
Subject to your compliance with these Terms, we give you the limited, non-exclusive, non-transferable, and revocable right to access and use House Pay solely for your personal and non-commercial use. However, we do not give you any right to, and you hereby agree not to:
Use House Pay or any portion thereof for any commercial use or for the benefit of any other person or entity, including without limitation by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting House Pay or any portion thereof.
Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute House Pay or portion thereof by any means, other than as expressly allowed by these Terms or as otherwise clearly contemplated by the features and functionalities of House Pay.
Remove, alter, bypass, avoid or circumvent any copyright, trademark or other proprietary notice, digital rights management mechanisms or other content protection measures included in, or associated with, House Pay or any Content.
Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the House Pay.
Knowingly or intentionally take any other action that may impose an unreasonable burden or load on House Pay or its servers and infrastructure. Any unauthorised use by you, or otherwise under your account or on your computer or personal device, of House Pay any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy we may have under applicable law or in equity. You agree to compensate us in relation to any third-party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Use House Pay for any unlawful purpose; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libellous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, (b) any non-public information about companies without authorisation, or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Harvest or collect information about House Pay users.
10. Infringement claims
Under the Digital Millennium Copyright Act of 1998 and the Copyright, Designs and Patents Act 1988 (the 'Copyright Acts'), if you believe in good faith that any content on House Pay infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on House Pay that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on House Pay; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good-faith belief that use of the content in the manner complained of is not authorised by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorised to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the Copyright Acts at http://www.loc.gov/copyright. Notices and counter-notices should be sent to email@example.com. There can be penalties for false claims under the Copyright Acts. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to House Pay of repeat infringers.
11. Our liability
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents), or where applicable law does not permit us to restrict or exclude particular obligations or liabilities. While we endeavour to provide the best digital experience we can, including without limitation by offering accurate and current Content, we cannot and do not guarantee that House Pay or any portion thereof will always be fully functional, current or accurate. Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access House Pay or in relation to any loss of data when you use House Pay. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up-to-date virus or malware protection on your computer or device.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF HOUSE PAY IS AT YOUR SOLE RISK, AND THAT HOUSE PAY, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. EQUINOX MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT HOUSE PAY WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF HOUSE PAY WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
While we will correct any errors in House Pay that come to our attention as soon as we reasonably can, we do not undertake or warrant that House Pay or the Content will be completely free from bugs or errors, or that House Pay will be available on an uninterrupted basis. You accept that access to House Pay (or certain features) may be interrupted or suspended without notice in the case of IT-system issues or where we need to undertake maintenance, or due to other reasons beyond our reasonable control. We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of House Pay or Content, including, without limitation, any decision you take on the basis of information provided through House Pay, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with House Pay is to stop using and, where applicable, uninstall House Pay.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOHO HOUSE, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, ‘SOHO PARTIES’) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF, OR IN CONNECTION WITH, HOUSE PAY OR THESE TERMS. IN ADDITION, IF SOHO HOUSE IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH HOUSE PAY, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SOHO HOUSE FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD).
You agree to defend, indemnify and hold the us harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of House Pay or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of House Pay or Content or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorisation. We will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once becoming aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defence and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defence of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without our prior written consent.
You may terminate these Terms at any time by ceasing to access and use House Pay and, where applicable, opting out from using the House Pay feature on the Soho House app. Please understand, however, if you subsequently decide to resume accessing and using any of House Pay, you will again be bound by the then-current Terms. We may terminate these Terms, in whole or in part, at any time and without prior notice or liability to you, for any reason. However, even after these Terms have been terminated, any provision which by its nature is intended to survive, will survive that termination.
14. Privacy and security
15. Purchase of products or services
If you elect to purchase goods and to use the services which we offer to you through House Pay (or any affiliated website of another Soho House Group company), this may be subject to new and/or additional terms and conditions, which will be notified to you at the time.
16. Invalidity and waiver
If any of these Terms is found by a court or a regulator to be invalid or unenforceable, the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
17. Force majeure
Soho House will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water or other utilities.
We may transfer this agreement to someone else; we may transfer our rights and obligations under these terms 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.
Even if we delay in enforcing this contract, we can still enforce it later; if we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
20. Governing law
In the event of any dispute between you and us concerning these Terms, the laws of England will apply. If you wish to take court proceedings against us, you should do so within England, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language, and such requirement cannot lawfully be excluded under these Terms, in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.
21. Alternative dispute resolution, arbitration agreement and class action waiver
If you are located in the United Kingdom or Europe, you may use the following process if you wish to bring a dispute regarding your use of House Pay:
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, and you live in the UK or Europe you may want to refer your matter to Retailed via their website at https://www.retailadr.org.uk/. Retailed is approved by the government to provide alternative dispute-resolution services. It will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. We do not intend to initiate dispute resolution through Retailed ourselves, but you are always entitled to do so and if you do lodge a complaint with Retailed, we will engage with Retail ADR in relation to your complaint. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which you can access at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
If you are located in the United States, the following arbitration provisions shall apply to your use of House Pay:
By using House Pay, you and Soho House agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (‘Arbitration Agreement’). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (‘AAA’), www.adr.org. If you initiate arbitration, you shall have the choice between these two arbitration forums; if we initiate arbitration, it shall have the choice between these two arbitration forums.
WE EACH AGREE 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 THIS ARBITRATION AGREEMENT.
Class action waiver
By using House Pay, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Soho House or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Soho House. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If the foregoing class action waiver (‘Class Action Waiver’) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of dispute
Except as described below, the term ‘Dispute’ in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Soho House regarding any aspect of your relationship with Soho House, 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 Agreement 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.
How will the arbitration work?
Either you or we may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration and shall in no event be commenced as a representative or class arbitration.
If you or we initiate arbitration, you and we have a choice of doing so before JAMS or the AAA. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. Which particular rules apply in AAA arbitration will depend on the applicable claim. Payment of all filing, administration and arbitrator fees will be governed by JAMS' rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Where will the arbitration be held? You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that we initiate an arbitration, we will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case we may initiate the arbitration in New York. As set forth in ‘Governing Law’ section above, the arbitrator will apply New York law.
If you have any questions or complaints regarding House Pay or these Terms, you can contact us at firstname.lastname@example.org