OURSPACE TERMS OF SERVICE.
Use of the OURSPACE operating system, Space and other services provided by OURSPACE INTERNATINONAL FZ LLE. (doing business as OURSPACE and OUR//SPACE) herein referred to as the “Company” or “OURSPACE” (we” or “us”). The terms of service outlined in this agreement shall govern Your use and access to all services and space including the OS, related subdomains, applications, tools or other services that OURSPACE makes available to You through the OS and Your use of any co-working Space provided by OURSPACE, as described in more detail herein.
A. “Building Owner” means the master lessor and owner of the dwelling in which are OURSPACE co-working Space in located.
B. “Company”, “OURSPACE”, “we” or “us” means OURSPACE INTERNATINONAL FZ LLE. d/b/a OURSPACE and/or OUR//SPACE
C. “Contract” means Agreement and the Terms of Service outlined hereto, which are available through the OS and may be made available through print.
D. “Member” means a person or entity who has been approved and is actively registered in one of OURSPACE’s Membership Plans. You are a “Member” if you have an active Membership Plan with OURSPACE.
E. “Membership Plan” means the plan the Member selected and part of the Member’s current Company profile.
F. “OS”, “Operating System refers to all OURSPACE OSs, Applications and Software, third party or operated by OURSPACE, that are provide to Member’s.
G. “OS Code” means the access code or access card provided to the Member by OURSPACE for purposes of utilizing service or accessing the co-working space.
H. “Rules” mean the policies, regulations and guidelines the Company establishes for Member’s use of any co-working Space, as well as any Company services.
I. “Space” means the physical co-working area(s) that are available to the Member based on the terms stipulated in the Member’s Membership Plan
J. “Schedules” mean all rate plans, additional policies or operating schedules that are referenced or incorporated into this Contract.
II. Operating System Use Terms
C. Login credentials provided by OURSPACE to Members (“Login Credentials”). Protecting Your OS Login Credentials is solely Your responsibility and You agree to protect and maintain Your OS Account and password to prevent unauthorized use. You accept and agree that You are personally responsible for all the activities that occur from the use of Your OS Login Credentials. Additionally, You also agree to immediately notify OURSPACE if You suspect or believe that Your OS Login Credentials have been compromised or used without Your permission or authorization. You cannot (i) create more than one account to access OURSPACE services, (ii) provide any form of transference of Your OS Credentials to any third party or person. or; (iii) share Your OS Credentials with any person or third party. OURSPACE is not responsible for any damage, loss, or expense incurred by You, as a result of a failure by You to safeguard Your OS Login Credentials. If You cease to be a Member pursuant to the terms of this Contract, Your OS Login Credentials may be revoked.
III. Use of the Company Provided Services
A. For Members, this Contract is for a co-working shared space subscription based service offered by OURSPACE or its subsidiaries, this does not by itself imply or give anyone the right to use any co-working Space. A Member may only use a co-working Space provided the Members account is up to date and subject to payment of all Membership changes and fees and in accordance with all the terms of this Agreement.
B. The Company is the lessee or property owner as well as the owner of all items it provides to the Member during the term of this Agreement, including specifically, all equipment, furniture and any web based or mobile applications. The Member’s use rights to the any item, the OS or any co-working any Company co-working Space provided by Company under this Agreement are limited to all the terms specified and outlined in this agreement.
IV. Membership Eligibility:
A. All Members must be 21 years of age or older, complete the online membership application in its entirety, as well as provide OURSPACE with any documentation that it may require to submit the application for approval.
B. Completing and submitting the OURSPACE membership application to the Company does not automatically give the applicant the right to become an OURSPACE member and is subject to application approval by Company. At the Company’s sole discretion, it may deny any membership application for any reason. Denial of membership applications will be based upon established criteria by the Company, which is subject to change by OURSPACE on a regular basis.
V. Membership Use License(s)
A. Subject to the conditions and terms of this Contract and the Application Approval, OURSPACE will grant the Member a license to use the OS or co-working Spaces available based on the specific terms of the Membership Plan selected by the You and as defined and on the Company’s OS. The Member’s right to use any OURSPACE facilities and services will be in common with other co-working Members of OURSPACE, OURSPACE and any others the Company authorizes or permit. OURSPACE shall have the authority and right to reconfigure the co-working Space at any time, which may include deleting or adding spaces. The Member does not have the right to use any Company provided co-working service, the OS or any co-working Space that is not specifically defined Membership Plan selected by the Member.
B. Member shall have the right to use and access the co-working Space defined in their Membership Plan during the Company’s operating hours.
C. OURSPACE will provide the Member with an OS Code or ID Card in order to access the co-working Space or services provided under the Members Membership Plan. Without written consent by the Company, the Member shall not make their OS Code or ID Card available to any other person or party.
D. The maximum term for any Membership Plan will be one (1) calendar month beginning on the first day of every month. In certain instances, some Membership Plans may include special discounts for the Member for committing to extended Membership periods, which are than the maximum term allowed I this agreement, in these instances the Company is not implying or guaranteeing that the co-working Space will be available to the Member past the maximum allowed term stated herein and the Company is simply providing the discount with expectation that the co-working Space will be available for the Member for that time period. At its sole discretion and without cause or reason, The Company reserves the right not to extend or renew any or all Membership Plans and does not warrant or guaranty that it will provide Space or any other Membership Services to the Member for a period of longer than one (1) calendar month.
VI. Other Contract Terms
A. For non-Members or public users of the OS, this Contract shall be in effect for the duration of any such users’ access to the OS and the Company reserves the right to terminate access or this Contract at any time and for any or no reason.
B. This Contract shall commence with respect to a membership once the Member’s application is accepted by OURSPACE and the Member’s payment for any applicable fees and costs has been received by the Company. This Contract and all the terms herein shall continue until the Membership Plan expires or the Member cancels their Membership Plan in accordance with the all terms outlined in this agreement. A Member may elect to terminate their Membership at any time using the cancelation options on the OS. Upon cancelation no monthly, application, use or any others fees will be refunded by the Company, except as specifically stated in this Contract. Member’s with commitment discounts shall be required to pay early termination fees including any penalties defined in the Member’s Membership Plan. In addition to the termination provisions set forth in this Contract the Company may terminate this Contract at any time upon no less than seven (7) days’ notice to the Member without cause, in which event, if the Member is on a monthly membership plan, the Company will refund a prorated portion of the Member’s monthly membership fee. With respect to any cancellation or termination of this Contract, the Member will still be responsible for any fees, costs, expenses and penalties incurred prior to termination of this Contract.
C. The Company reserves the right to immediately terminate this Contract should the Member (a) fails to comply with any condition or term outline in the Contract; (b) fail to pay any amount due under this Contract,; (c) fails to follow any Company Rule; (d) is involved or is connected with an incident the Company, at its sole discretion, deems the Member inappropriate or ineligible for continued membership, (e) becomes insolvent, files or has filed against a petition under any insolvency or bankruptcy law or any similar law proposing any liquidation, dissolution, financial recapitalization or reorganization with creditors, makes a trust mortgage or general assignment in the benefit of a creditors, or if a custodian, agent, trustee, or receiver takes possession of any of the Member’s business or property. Pursuant to all terms outlined in this Contract no membership expense, cost, penalty, or fee will be returned or refunded in the event of any termination of this agreement.
D. Upon termination of this Contract or any Membership, all of the rights to use any OURSPACE co-working Space, the OS or any other Company’s services will immediately terminate. The Member also agrees to immediately return any property of the Company may be in the Member’s possession. Additionally, the Member agrees to be responsible for and pay any court costs, legal fees, or other all expenses associated with the enforcement of all the terms of this Contract, including, without limitation, any expenses related to any balance amounts owed and due to the Company or any expenses or costs relation to any of the foregoing Company property.
E. Member shall use the co-working Space only for general office purposes, in conjunction with all conditions and terms within this Agreements and abide by any and any the Rules, Policies and Regulations therefor designated by Company.
F. Use any Company co-working Space will be subject to the terms of the Company’s lease or any other agreement the Company with respective to the Building Owner. Upon termination of any such lease or other Company agreement, the Member’s license granted to the Member will terminate immediately and automatically with respect to any such Space covered in the Member’s Membership Plan. Member agrees to abide by all regulations and rules established by the Building Owner for any co-working Space in any of OURSPACE’s locations.
G. The Member is not entitled to the use of any specific space in any of the Company’s co-working locations, except for the specific seat or area reserved by Member and in accordance with the Membership Plan they are currently enrolled in. Member may use all the “in common” areas, but on a first-come, first-served basis.
H. At no time in any Company co-working Space is a Member permitted or entitled to conduct or host any functions, events or meeting with any person or group other than another active OURSPACE Members, unless the Member has reserved a Space and paid the additional service charges or fees for such.
VII. Membership Fees and Payment For Services
A. You are responsible to pay the Company for all membership and application fees, as well as any additional fees or charges associated with the Member’s use and Membership Plan. If applicable, the any Member application fees are not refundable, regardless of whether the Company approves or denies the application. If a Member’s Membership terminates new application fees may be required to process the new membership application. If the Membership Plan You select includes any monthly fees, your initial membership fee(s) and payment will be payable and due upon applications approval, and is not contingent on whether You utilize Your Space or Your OS Code.
B. Certain Membership Plans automatically renew every month. For these monthly renewing plans, the Member’s accepts and agrees to the automatic renewal, provided they have not canceled their Membership by providing the appropriate notice defined in this agreement. Upon renewal all automatic payments (debit, credit or checking) will be processed and charged automatically, even if the Member does not utilize its OS Code or use any Company co-working Space. All payments associated with membership or other services are non-refundable.
C. All automatically renewing monthly Membership Plan Payments will be processed on the first of every month with the exceptions being the Member’s first payment, upgrades to the Member’s Membership Plan, or for any other ad-hoc fees stipulated in the Membership Plan, Terms of Service or within this agreement. The first payment for all monthly Membership Plans will be prorated based on the Monthly Plan amount and the remaining days in the calendar month. All other fees or expenses not related to the Base Monthly Membership Payment will be charge immediately and when incurred.
D. All costs and fees incurred by the Member are payable prior to using the service. All costs and fees include but are not limited to application processing fees, membership fees, penalties, extra use fees, taxes and levies, as well as other costs and fees outlined in Membership Plan or Plans selected by the Member. All costs and fees will be automatically charged when incurred or when due. Members will be billed via debit or credit card or by direct checking withdrawals. Past due accounts will l be suspended; however, any services reserved the Member reserves in advance will be charged to the Member account. If payment transaction is rejected, the use of all OURSPACE services or Space will be suspended until the Member settles the due balance. It is the responsibility of the Member to provide and maintain payment information in accordance with Company policy. If there are continuous and ongoing problems effecting payment on the Member’s account than OURSPACE reserves the right to charge additional administrative or processing fees and may result in the termination of membership. OURSPACE will not be responsible for any charges or fees the Member incurs related to insufficient funds related charges incurred from the payment information you provided to the Company Should a Member’s account have a negative balance for more than 30 days, the Company may report this delinquency to credit reporting agencies and may utilize third party collections services to satisfy negative Member balances. The Member shall also be responsible for any fees and expenses related to the collection of the Member’s past due balance or balances.
E. It is the Member and only the Members sole responsibly for providing and maintaining accurate and correct contact and payment information, including but not limited to email address or addresses, telephone numbers, mailing address, and payment instructions.
F. Charges and Fees assessed or incurred by the Member as part of this agreement shall not be subject to any deduction, setoff, or abatement
VIII. Company Services at OURSPACE Locations
A. Internet Service: The Company will provide a Li-Fi or Wi-Fi connection at each OURSPACE co-working location.
B. Other Utilities: Hot and cold water in the bathrooms appurtenant to each Space and electricity for typical office use will be provided by Company.
C. Service Interruptions. Any interruption of utilities, LI-FI or Wi-Fi services or any other services within any Company co-working Space is subject to equipment failures and outages and the Company or building owner shall not be liable for any service disruptions and the Member shall not be entitled to any refund or any other abatement of charges or fees in the event of any such service interruption.
IX. Subletting and Assignment
A. No sublicensing or assignment of any part of this Agreement or any part thereof shall be made by Member, and any sublicensing or purported assignment will be considered void and null and of no effect or force.
B. Except where explicitly defined neither all or any part of the Member’s Membership Plan or any part of Member’s interest in any Company co-working Space shall be granted in this agreement may not be assigned, encumbered, or be transferable in whole or in part by any act of Member or by any operation of law.
X. Intellectual Property.
All of the content on the OS and this Website, including without limitation the information, graphics, text, links, images, data, as well as the intrinsic systems, networks and software, that support the OS are under license or are owned by the Company and are protected by applicable trademark, copyright or other rights. The Content may contain inaccuracies, inadvertent errors, typographical mistakes, or inaccuracies. OURSPACE reserves the right to make any changes to all content without obligation to provide notice to anyone. You may download, print, copy and view all the Content made available on the OS, subject to the following conditions: (i) You may only use the Content for personal informational purposes and in compliance with all regulations and laws (ii) You may not transmit or reproduce any part of the OS or any of its Content by any means or form, mechanically or electronically, including recording or photocopying; (iii) You may not alter, prepare or modify derivative based on any of the Content, and may not publically display or distribute copies of any of the OS Content, including without limitation by distributing the Content on or in any media or by posting the Content on any computer network or individual computer; (iv) You may not remove proprietary notices, trademarks or copyright information from the Content. Nothing contained within the OURSPACE OS should be interpreted as granting, by estoppel, implication, or otherwise, any right or license to use the Content displayed on the OS, except: (a) with prior written permission by OURSPACE or third party that owns the rights to the Content; or (b) where specifically permitted in this Contract.
XI. Copyright Terms.
If You think any of the Content on the OS infringes Your Copyright You can request that this Content be removed. Your request must contain a signature of the holder of the copyright and be by an authorized representative. It must also include the following: (i) identification of the Content believed to be infringing and its location; (ii) a description of the Content, and the specific domain of where the infringement is located or any other information that will assist the Company in locating the Content; (iii) identification of the copyrighted work You believe is being infringed upon; (iv) a description of the work and the location or copy of the work; (v) Your name, telephone number, email address and mailing address; (vi) a statement by You in good faith explaining why the copyright owner feels the material is not authorized; (vii) a statement by YOU that whereby You declare You are the copyright owner or are authorized to act on the copyright owner’s behalf. For copyright issues relating to any Content on the OS please write to: OURSPACE INTERNATINONAL FZ LLE., Suite 1909, Al Manara Tower, Business Bay, Dubai, UAE.
XII. Prohibited Membership Conduct
A. At no time shall You interfere with, disrupt or disturb the operation of the any OURSPACE location, business operation, Space or Service, including but not limited to any disproportional burden on any Company Software, Hardware, Network, Operating System or other OURSPACE infrastructure. Furthermore, You agree not interfere with or cause any service disruptions effecting the Company or any Company service provided to other OURSPACE Users or Members.
B. By accessing any OURSPACE system, application or any other service provided by OURSPACE, You agree not to facilitate or authorize any attempt to use any of OURSPACE Operated Systems, Applications or Services to:
i. Transmit harassing, unlawful, threatening, abusive, harmful, defamatory, offensive, vulgar, obscene, lewd, lascivious, pornographic, or otherwise content that is objectionable.
ii. Manipulate, circumvent, update or modify any OURSPACE systems, applications or infrastructure.
iii. Use language, or symbols that any reasonable person may find offensive or is deemed offensive by OURSPACE.
iv. Post any misleading, defamatory, or libelous content using any Company systems.
v. Post objectionable content or content that is ethnically or racially based or offensive.
vi. Post Content that violates another parties copyright or trademark rights.
vii. Post any content promoting services or products that unlawful.
viii. Threaten, cause distress or harass to another person or Member.
ix. Introduce harmful code into any OURSPACE system or application or use any OURSPACE systems or infrastructure to introduce harmful code to another system.
x. Access to any computer, system or application unlawfully or without proper authorization.
xi. Collect any information about other OURSPACE Members or Users, User activity or any Company Network information.
xii. Violate any local, state, federal or international regulations or laws.
xiii. Conspire, encourage, promote or assists anyone in any activity that would constitute a civil or criminal infraction.
xiv. Post confidential or private information related to a person or business, including trade secrets, or any information that may reasonably be deemed private or secretive.
XIII. OURSPACE Not Liable
OURSPACE shall not be responsible or liable for:
A. Any damage or injury because of any omissions or act by the Company; any of Company’s employees; any other persons licensing services or space; or any other person, including any OURSPACE Member using any services or occupying any Company co-working Space.
B. Failure to provide any services, including, without limitation, electricity, gas, water, internet or telephone services, or any security or cleaning service.
C. Any loss or profits, damage to property, indirect, consequential, punitive damages, data loss, or injury caused by any person.
D. OURSPACE is not responsible for any Member’s personal property in any OURSPACE location. All a Members property is at their sole hazard and risk and should any property, in whole or part, be lost, stolen, destroyed, damaged, the Member agrees to defend, indemnify, and hold OURSPACE harmless against any and all claims, penalties, liabilities, charges, cost, penalties or expenses, or any other obligations, including, but not limited to, any legal or attorneys’ fees, that arise out of or are based upon the foregoing.