Terms and Conditions of Use
Accounts, Registration Data and Account Security
In connection with registering for, using or participating in the Service, you agree (i) to provide accurate, current and complete information about you, your organization and/or your Venue as requested by CoworkingNext ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to CoworkingNext, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
Rental Transactions Between Members and Venue Owners
If you are a Member, you agree to abide by the following Member policies:
1. You agree to be bound by and comply with any additional terms, conditions and policies provided by the Venue Owner relating to the use of a specific Venue, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Venue Owner ("Venue Policies"). The Venue Policies may be provided in electronic format through the Service or in hardcopy format.
2. You may not use the Venue to carry out any illegal activities or use the Venue in violation of law.
3. You are responsible for leaving the Venue in the condition that it was given to you. You may be held liable for the repair cost for all damage to the Venue and items therein during your use thereof.
If you are a Venue Owner, you agree to abide by the following Venue Owner policies:
1. You are solely responsible for maintaining the Venue in safe condition and in compliance with law and any applicable building requirements.
2. You are solely responsible for ensuring that the Venue is clean and ready to use at the start of each rental period.
3. You are solely responsible for ensuring that the rental of the Venue through the Service does not violate any lease or other agreements relating to Venue or any building policies, and you are solely responsible for and shall indemnify CoworkingNext against any fines, losses or other liability arising from such violations.
4. If you approve a rental of your Venue to begin at a specified time, you shall ensure that the Venue is available to the Member at that time.
Both Members and Venue Owners may submit feedback to the Service following the completion of a Venue rental transaction. You acknowledge and agree that other Users may publicly post ratings and reviews of you or your Venue, as applicable, and that CoworkingNext may, but is not obligated to, monitor such postings and is not responsible in any manner for such ratings and reviews, and you hereby release CoworkingNext from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.
You acknowledge that the Service is a forum to allow anyone to find, schedule time in, rent, offer to rent, and make available workspace. Your transactions, communications and interactions with any other Users, including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that CoworkingNext does not offer workspace rentals and CoworkingNext does not act as an agent for any Venue Owner or any Member. Instead, CoworkingNext provides the Service to allow Members and Venue Owners to transact and communicate directly with one another. CoworkingNext may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. CoworkingNext is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release CoworkingNext from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.
Proprietary Rights in Site Content and Limited License
User Content Posted on the Site
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization or, if you are a Venue Owner, your Venue (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization or, if you a Venue Owner, your Venue that you upload or otherwise provide to CoworkingNext for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.
CoworkingNext does not verify the accuracy or authenticity of any User Content, including any Venue descriptions or Venue availability information provided by Venue Owners, and makes no representations or warranties with respect to any User Content.
1. use automated scripts to collect information from or otherwise interact with the Service.
2. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity.
3. upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation.
4. upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
5. upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. intimidate or harass another.
7. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense.
8. use or attempt to use another's account, service or system without authorization from CoworkingNext, or create a false identity on the Service.
9. use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews.
10. upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide.
11. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of CoworkingNext, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose CoworkingNext or its users to any harm or liability of any type.
No High Risk Use
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.
Fair Usage Limits ("FUP")
Unlimited spaces and unlimited members policy is governed by FUP. The User is allowed to create up to a maximum of 100 spaces which are more than sufficient for all practical purposes. Similarly, the User is allowed to add up to a maximum of 2500 members. We believe these numbers, for both spaces and members, are large enough to satisfy "practical unlimited use".
Additional Representations and Warranties
1. the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate.
2. you are not located in a country that is subject to Indian government embargo or that has been designated by the Indian government as a "terrorist supporting" country, and you are not listed on any Indian government list of prohibited or restricted parties.
3. if you are a Venue Owner, any Venue you offer for rentals hereunder is free of any known conditions or defects that would pose a hazard to or risk the safety of any Member.
4. if you are a Venue Owner, you have sufficient rights in and to the Venue to participate in the Service as a Venue Owner, and your participation in the Service as a Venue Owner will not violate or result in the breach of any agreement between you and any third party, including any lease agreement or other agreement relating to the Venue.
Third Party Websites and Content
The Site may contain (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by CoworkingNext. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
CoworkingNext is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including the accuracy of any Venue descriptions, Venue availability information or Member information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. CoworkingNext is not responsible for the conduct, whether online or offline, of any User, including any Member's non-compliance with any terms, conditions and policies relating to the use of any Venue.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. CoworkingNext shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will CoworkingNext be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Venues, products or services provided by Users.
CoworkingNext PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO VENUE OWNERS AND MEMBERS "AS IS," AND, EXCEPT AS PROVIDED HEREIN AND IN ANY VENUE POLICIES, THE VENUE OWNERS PROVIDE THEIR VENUES TO MEMBERS "AS IS," AND CoworkingNext AND ITS SUPPLIERS (AND VENUE OWNERS WITH RESPECT MEMBERS THAT USE THEIR VENUES) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE VENUES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CoworkingNext CANNOT GUARANTEE AND DOES NOT PROMISE TO VENUE OWNERS AND MEMBERS, AND VENUE OWNERS CANNOT GUARANTEE AND DO NOT PROMISE TO MEMBERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A VENUE. WITHOUT LIMITING THE FOREGOING, CoworkingNext DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; CoworkingNext AND VENUE OWNERS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY VENUE RENTAL WILL MEET YOUR REQUIREMENTS; AND CoworkingNext DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VENUE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO VENUE OWNERS.
Limitation on Liability
IN NO EVENT (I) WILL CoworkingNext OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON, OR (II) WILL VENUE OWNERS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO MEMBERS, IN EACH CASE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A MEMBER'S USE OF A VENUE, EVEN IF CoworkingNext (OR THE VENUE OWNER AS APPLICABLE) IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, (A) CoworkingNext'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, AND (B) EACH VENUE OWNER'S LIABILITY TO A MEMBER OR ANY PARTY CLAIMING THROUGH SUCH MEMBER, IN EACH CASE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CoworkingNext FOR THE SERVICE, OR, WITH RESPECT TO VENUE OWNERS, THE AMOUNT PAID FOR THE APPLICABLE VENUE, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. VENUE OWNERS ARE EXPRESS THIRD PARTY BENEFICIARIES OF THE PROVISIONS OF THIS SECTION THAT ARE APPLICABLE TO VENUE OWNERS.
CoworkingNext may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CoworkingNext.
You may terminate your CoworkingNext account at any time by providing CoworkingNext with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by CoworkingNext at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, CoworkingNext will remove your Profile and cease displaying your Profile Content, including your Venue listings if you are a Venue Owner, on or through the Service.
Governing Law and Arbitration