Terms of Use



Introduction

The terms and conditions stated herein (collectively, the “Terms of Use”) constitute a legal agreement between you and Workspace., a Canadian corporation (“Workspace”, “we”, “us” or “our”) having its head office at 350 Lincoln St, Hingham, Massachusetts 02043, US.The following Terms of Use govern the use of our website https://www.workspacema.com/ (the “Site”) and any related services (together with the Site, the “Service”) made available by Workspace.

By accessing, using or participating in the Service, you (“you” or “your”) accept and agree to be bound and comply with these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including any pricing terms, at any time. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on our website after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective the first time you access or use the Service after such changes have been posted.

If you do not agree to these Terms of Use, you must cease using the Service. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service. These Terms of Use constitute a legally binding agreement between you and Workspace regarding your use of and access to the Service.

These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Service. By accessing or using the Service, you are agreeing to this release.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Workspace, unless otherwise agreed to in writing by Workspace. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Site Content in your possession and discontinue all use of the Site.

In these Terms of Use, persons that review available Spaces or book a Space on the Service are referred to as “Users”.

Privacy

We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your account, new products and services, and Site updates.

Personal information you submit to the Site may be employed for the purposes of maintaining the integrity of the Site and the content thereon, contacting you when necessary, and improving the quality of service provided by the Site. Workspace servers also collect information specific to how you use the Internet. Workspace servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service. Workspace may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.

Workspace may employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.

Workspace reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site; or to protect us and our successors and assigns, and any of our and their respective officers, directors, employees, members, agents, and representatives. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

Proprietary Rights in Site Content and Limited License

All content on the Site and otherwise available through the Service, including Individual Content (as defined below), designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Workspace, users of the Service or Workspace’s licensors, as applicable. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. You are granted a limited, revocable, non-exclusive license to access and use the Service and the Site Content and to download or print a reasonable number of copies of portions of the Site Content to which you have properly gained access (a) solely for your personal, non-commercial use, or (b) solely for the purpose of referring third parties to the Service or for compiling a collection of Space listings via the Service (a “Collection”), provided in each case that you maintain all copyright or other proprietary notices on all copies of such Site Content.

Except for your own Individual Content or for use in a Collection, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation (other than in a Collection). You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of Workspace or its licensors that are not expressly granted in these Terms of Use are reserved to Workspace and its licensors.

Additional Representations and Warranties

In addition to any other representations and warranties in these Terms of Use, you represent and warrant that the Individual 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.

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 Workspace. 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.

Eligibility

This Service is intended solely for individuals who are 18 years of age or older and are able to enter into legally binding contracts. Any registration by, use of or access to the Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 years of age or older and are able to enter into legally binding contracts.

Fees

If you are a User, when you complete a Space booking on the Service, you agree to pay the applicable fees for using the Space as set forth in the offering for such Space (the “Fees”). We will ask for your credit card information and billing address or other payment information, and we will process payment for your Fees. We will process the payment for your booking within 24 hours of the date of reservation.

Payment

The payment of funds between Users and Workspace, may be provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition of Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Workspace does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Service, or have your Account suspended or terminated. We may change or add other payment processing services at any time in our sole discretion, which may be subject to additional terms or conditions.

Cancellation policy for day passes and on-demand offices

You agree to Workspace’s cancellation policy. You may cancel a Space reservation up to 48 hours prior to the start of the booking. If you wish to do so, please send an email to the mentioned email addresses in the confirmation email and we'll cancel the booking for you. Bookings cancelled with less than such 48 hours’ notice will be charged in full. Unless otherwise indicated, bookings are non-refundable once confirmation has been made by the User and the Provider. Refunds/cancellations may be subject to a processing fee.

Your Conduct at Spaces

By completing a reservation for a Space via the Service, each User acknowledges and agrees to abide by any rules, regulations or guidelines (“Space Rules”) of each Space that you book and agree to be solely liable for any non-compliance, and any damages or liability to the Space caused by your actions, inactions and breach of these Terms of Use. By completing a reservation for a Space via the Service you agree to do all of the following in connection with your use of the Service and to otherwise use any Space in compliance with these Terms of Use and Space Rules:

  • accept the terms, conditions, and policies provided by the Provider relating to the use of the Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Provider.
  • behave in an appropriate manner and will not do or attempt to do anything illegal at any Space. Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odours in or upon any Space.
  • shall not commit, or suffer to be committed, any waste upon any Space or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Space.
  • shall not make alterations, additions or improvements to any Space, including the installation of any fixtures, equipment, machinery or appliances.
  • will not smoke or vape in any Space.
  • will follow all additional regulations regarding any Space, as may be communicated through the Site or any applications you use or install from the site.
  • you are responsible for leaving any Space in a clean and tidy condition.
  • neither Workspace nor any Provider is responsible for any property you may leave behind in a Space. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a Space.
  • you may be held liable (and do hereby authorize Workspace to charge you) for the repair cost for all damage to any Space and items therein during your use thereof.
  • you will only use an access point or wireless internet connection which you are authorized to use. Additionally, when using the internet within any Spaces, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.

You will at all times follow these Terms of Use and Space Rules while at any Space. Consequently, as a User, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, these Term of Use.

Limitation of Liability

IN NO EVENT WILL Workspace OR ITS DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PERSON 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 USER’S USE OF A SPACE, EVEN IF Workspace IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Workspace BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A USER AND A PROVIDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Workspace’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO Workspace FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY AND (2) $250 IN THE AGGREGATE FOR ALL CLAIMS. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Termination

Workspace may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate these Terms of Use, any applicable Space Rules or violate any other rules that govern the use of the Service, (ii) we determine, in our sole discretion, that your conduct may harm Workspace or others or cause Workspace or others to incur liability, (iii) you receive significant negative feedback, as determined by us in our sole discretion, from Providers or Users, as applicable, or (iv) we elect to do so in our sole discretion. If we terminate or suspend your account or ability to use the Service, (a) any pending or accepted future reservations as either User or Provider will be immediately terminated; (b) we may communicate to your Users or Providers that such reservations have been cancelled; (c) for Providers, we may refund your Users in full for any and all confirmed reservations; and (d) you will not be entitled to any compensation for reservations that were cancelled as a result of a suspension or termination of your account.

Workspace 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 Workspace.

You may terminate your Workspace account at any time by providing Workspace 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 Workspace at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Workspace will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Provider and your Collections, on or through the Service.

Indemnification

You agree to indemnify, defend, and hold harmless Workspace and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Service.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

General

These Terms of Use constitutes the entire agreement between you and Workspace relating to your use and our provision of the Service.

You agree that Workspace may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if Workspace does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Workspace has the benefit of under any applicable law), this will not be taken to be a formal waiver of Workspace’s rights and that those rights or remedies will still be available to Workspace.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.



Last revised on September 10, 2021