Terms and Conditions

General Terms and Conditions

"WE COWORK" TERMS OF SERVICE

This Agreement refers and includes the terms, rights and obligations of all of the users of "We Cowork" as well as the rights and obligations of "We Cowork" (the "Agreement"). "We Cowork" is a 24 hour open co-working and business center, located in “Urbanización La Cancela de la Quinta”, Block 1, Local 1, 29670, Marbella, Spain (“We Cowork”). “We Cowork” is currently open to one hundred (100) memberships or co-working spaces and it is envisaged that this number will be increased to three hundred (300).

Therefore, this Agreement is entered into a new "Member" or "User" and "We Cowork". Both parties, in the foregoing, will be jointly appointed as the “Parties”, and individually and indistinctly as the “Party”.

The terms of service outlined in this Agreement shall govern Member use and access to all services and Premises including the Operating Service ("OS"), related subdomains, applications, tools or other services that Company makes available to Member through the OS and through the use of any coworking Premises provided by Company, as described in more detail hereinafter.

Access by the Member to the OS, and the use of the services, are subject to these Terms of Service, the Company Privacy Policy and the Membership Plan selected. Please read all of the terms entirely, as these terms are binding and are the contractual agreement entered into Company and Member. Should Member does not agree with the terms of this Agreement then Member is not authorised to use any Company services, enter into any Company coworking locations or continue using the Company OS. Company reserves the right to change any and all of the terms of this agreement including the Membership Plans.

Moreover, as part of the terms of service, this Agreement requires that Company and Member arbitrate all claims which might arise between the parties. Arbitration shall be carried out by and individual.

Should the Company change this Agreement or any Membership Plan, "We Cowork" will provide notice of such changes to Member in advance. Unless Company establishes a specific date for the change, all changes will become immediately effective when posted in the Company OS where this Contract and the Membership renewal plans are located.

I. Definitions

A. “Building Owner” means the master lessor and owner of the dwelling in which Company co-working Premises is located.

B. “Company”, means "WeCowork".

C. “Contract” means the Agreement and the Terms of Service outlined hereto, which are available through the OS and may be freely printed at any time by Member.

D. “Member” means a person or entity who has been approved "WeCowork" requirements and it is actively registered in one of Company’s Membership Plans. You are a “Member” if you have an active Membership Plan with Company.

E. “Membership Plan” means the plan selected by Member from the current Company profile.

F. “OS”, “Operating System refers to all Company OSs, Applications and Software, third party or operated by Company, that are provided to Member.

G. “OS Code” means the access code or access card provided to the Member by Company for purposes of utilizing service or accessing the coworking Premises.
 H. “Rules” mean the policies, regulations and guidelines that Company establishes for Member’s use of any coworking Premises, as well as any Company services.

I. “Premises” means the physical coworking area(s) that are available to Member based on the terms stipulated in his Membership Plan.

II. Operating System Use Terms

A. General OS Access. Company maintains the OS as a service to its Members and is subject to all the terms of this Agreement. Company grants Member a revocable, limited and nonexclusive right to use the OS that is publicly available on the OS solely for all of the Members personal use and is subject to the terms outlined in the Company Privacy Policy, as well as to the terms of this contract. Member is responsible for obtaining any and all equipment and services required to access the OS; Member is also required to pay for the equipment, services and fees selected as part of the membership selected.

Company may suspend, alter, or discontinue the OS or any other Services outlined herein, in whole or in part, at any time and for any reason, without notice to you, except as required to meet Company’s obligations to your membership. The OS may not be available periodically because of maintenance, upgrades, faulty equipment or for other reasons. Company may also provide Members’ access to third party products and services, or other Company services or products, through the OS. Member acknowledges and accepts that Company has the right to change, without notice to Member, part or all of the OS and that the OS is made available to Member without any implied or expresses warranties.

B. By accepting the Terms of Service provided within this Agreement, Member agrees to provide complete, accurate and up to date information in the membership application. Additionally, Member also acknowledges and agrees that the personal information Member submits in his application to Company is voluntary and provided in its entirety at his own risk. For additional information regarding Company’s privacy policy please refer to Company’s Privacy Policy on the OS.

C. Login credentials provided by Company to Members (“Login Credentials”). Protecting your OS Login Credentials is solely Member responsibility and Member agrees to protect and maintain your OS Account and password to prevent unauthorized use. Member accepts and agree that Member is personally responsible for all the activities that occur from the use of Member OS Login Credentials.

Additionally, Member also agrees to immediately notify Company if Member suspects or believes that Member OS Login Credentials have been compromised or used without permission or authorization.

Member cannot (i) create more than one account to access Company services, (ii) provide any form of transference of Member's OS Credentials to any third party or person. or; (iii) share Member's OS Credentials with any person or third party.

Company is not responsible for any damage, loss, or expense incurred by Member, as a result of a failure by Member to safeguard his OS Login Credentials. If Member ceases to be a Member pursuant to the terms of this Contract, Member OS Login Credentials will be revoked.

III. Use of the Company Provided Services

A. This Agreement refers to a coworking shared space subscription service offered by Company or its subsidiaries. Member may only use the coworking Premises provided that Member's account is up to date and subject to payment of all membership charges and fees and always if Member profile is in accordance with all of the terms of this Agreement.

B. Company is the lessee or property owner of the Premises as well as the owner of all items provided to Member during the term of this Agreement, including specifically, all equipment, furniture and any web based or mobile applications. The right of the Member to use any of the items, the OS or any coworking Premises provided by Company under this Agreement are limited by the terms specified and outlined in this Agreement.

IV. Membership Eligibility:

A. All Members must be, at least, 18 years old. Member must complete the online membership application in its entirety, as well as provide Company with any documentation that might be required in order to submit the application for approval.

B. Completing and submitting the Company membership application to Company does not automatically give the applicant the right to become a Company member and is subject to application approval by Company. At Company’s sole discretion, membership might be denied for any reason in connection with the criteria established by Company. Such criteria is subject to change by Company.

V. Membership Use License(s)

A. Subject to the conditions and terms of this Contract and the Application Approval, Company will grant the Member a license to use the OS or the available coworking Premises on the specific terms of the Membership Plan selected. Member’s right to use any Company facilities and services will be held altogether with other coworking Members of Company. Company shall have the authority and right to reconfigure the coworking Premises at any time, which may include deleting or adding Premises. Member does not have the right to use any provided coworking service, the OS or any coworking Premises that is not included specifically within the Membership Plan selected by Member.

B. Member shall have the right to use and access the coworking Premises as defined in his Membership Plan during Company’s operating hours.

C. Company will provide Member with an OS Code or ID Card in order to be able to access the coworking Premises and all of the services provided under the Member's Membership Plan. Member shall not make their OS Code or ID Card available to any other person or party without written consent by Company.

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 Company reserves the right to terminate access or this contract at any time and for any or no reason.

B. This contract shall commence once the Member’s application is accepted by Company and once Member’s payment for any applicable fees and costs have been received by Company. This contract and all of the terms herein shall continue until the Membership Plan expires or the Member cancels his Membership Plan in accordance with the all of the terms outlined in this Agreement. Member may elect to terminate his Membership at any time using the cancelation options on the OS. Upon cancelation no fees that have been already paid will be refunded by Company, except for those specifically stated in this Agreement.

Member with Membership Plan discounts, shall be required to pay early termination fees including any penalty as defined in the Member’s Membership Plan. In addition to the termination provisions set forth in this contract, Company may terminate this contract at any time upon no less than seven (7) days’ notice to Member without any cause, in which event, if Member is on a monthly membership plan, Company will refund a prorated portion of Member’s monthly membership fee.

C. Company reserves the right to immediately terminate this contract should the Member (a) fail to comply with any condition or term outline in the contract; (b) fail to pay any amount due under this contract; (c) fail to follow any Company rule; (d) be involved or be connected with an incident that Company, at its sole discretion, deems inappropriate or ineligible for continued membership, (e) become insolvent, file or has filed 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. No membership expense, cost, penalty, or fee will be returned or refunded to Member if any of the stated above occurs.

D. Upon termination of this contract, all of the rights to use any Company coworking Premises, the OS or any other Company’s services will immediately terminate. Member also agrees to immediately return any property of Company may be in Member’s possession. Additionally, Member agrees to be responsible for and pay any court costs, legal fees, or other expenses associated with the enforcement of all of the terms of this contract, including, without limitation, any expenses related to any outstanding amounts owed and due to Company or any expenses or costs related to any of Company property.

E. Member shall only use the coworking Premises for general office purposes, in conjunction with all of the conditions and terms envisaged within this Agreement, and abide by any rules, policies and regulations thereof designated by Company.

F. The usage of any Company coworking Premises will be subject to the terms of Company’s lease or any other agreement that Company might have with the corresponding Building Owner. Upon termination of any such lease or other Company agreement, Company’s license granted to the Member will terminate immediately and automatically with respect to any such Premises covered in the Member’s Membership Plan. Member agrees to abide by all regulations and rules established by the Building Owner for any coworking Premises in any of Company’s locations.

G. Member is not entitled to use any specific Premises in any of Company’s coworking locations, except for the specific seat or area reserved for Member in accordance with the Membership Plan, that Member is currently enrolled in. Member may use all the “common” areas, but on a first-come, first-served basis.

H. Member is not permitted or entitled to conduct or host any functions, events or meeting in any coworking Premises with any person or group other than another active Company Members, unless Member has booked a special space and paid the additional service.

VII. Membership Fees and Payment For Services

A. Member is obliged to pay Company for all membership and application fees, as well as any additional fees or charges associated with the Member’s usage of the Premises included within his Membership Plan. If applicable, any Member application fees are not refundable, regardless of whether 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 selected includes any monthly fees, your initial membership fee(s) and payment will be payable and due upon application approval, and it is not contingent on whether Member utilizes the Premises or the OS Code.

B. All Membership Plans are automatically renewed every month. Member accepts and agrees to such automatic renewal, provided that Member has not cancelled his Membership by providing the appropriate notice as defined in this Agreement. Upon renewal, all automatic payments (debit, credit or checking) will be processed and charged automatically, even if Member does not utilize his OS Code or use any Company coworking Premises. All payments associated with membership or other services are non-refundable.

C. All Membership Plan Payments are automatically renewed monthly and will be processed on a recurring basis on the same day of joining, with the exception of upgrades to the Member’s Membership Plan, or for any other fees stipulated in the Membership Plan, Terms of Service or included within this agreement. The first payment for all monthly Membership Plans will be taken in advance. All other fees or expenses not included within the Base Monthly Membership Payment will be immediately charged when incurred.

D. All costs and fees incurred by Member shall be paid prior to using the service. All costs and fees include among others, processing fees, membership fees, penalties, extra use fees, taxes and levies, as well as other costs and fees outlined in the Membership Plan. 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 be suspended; however, any services reserved by Member in advance will be charged to the Member account. If payment transaction is rejected, the use of all Company services or Premises will be suspended until Member settles the due balance. It is the responsibility of Member to provide and maintain payment information in accordance with Company policy. If there are continuous and ongoing problems with the payment on the Member’s account, then Company reserves the right to charge additional administrative or processing fees and may result in the termination of membership. Company will not be responsible for any charges or fees Member incurs related to insufficient funds related charges incurred from the payment information Member provided to the Company. Should a Member’s account have a negative balance for more than 30 days, Company may report this delinquency to credit reporting agencies and may utilize third party collections services to satisfy negative Member balances. 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 Member and only Member sole responsibly to provide and maintain an 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 incurred by Member as part of this Agreement shall not be subject to any deduction, set off, or abatement.

VIII. Company Services at Company Locations

A. Internet Service: Company will provide a Li-Fi or Wi-Fi connection at each Company coworking location. B. Other Utilities: water in the bathrooms 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 coworking Premises is subject to equipment failures and outages and Company or building owner shall not be held liable for any service disruptions that may occur, Member shall not be entitled to any refund or any other abatement of charges or fees in the event that any such service interruption arises.

IX. Subletting and Assignment

A. Member shall not sublicense or assign any part of this Agreement. Such sublicense or assignment will be considered void and null.

B. Sublicense or assignment shall only be granted if it is exceptionally included within its Membership Plan.

X. Intellectual Property.

All of the content on the OS and on the 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. Company 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) Member may only use the content for personal informational purposes and in compliance with all regulations and laws (ii) Member 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) Member 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) Member may not remove proprietary notices, trademarks or copyright information from the content. Nothing contained within the Company 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 Company or third party that owns the rights to the content; or (b) where specifically permitted in this contract.

XI. Copyright Terms.

Shall Member thinks that any of the content on the OS infringes its copyrights, Member shall be entitled to request the removal of such content. The 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 where the infringement is located or any other information that will assist Company in locating the content; (iii) identification of the copyright work which is believed to be infringed; (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 writen statement explaining why the copyright owner feels the material is not authorized; (vii) a written statement where Member declares that Member is the copyright owner or is authorized to act on the copyright owner’s behalf. For copyright issues relating to any content on the OS please write to:

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XII. Prohibited Membership Conduct

A. At no time shall Member interfere with, disrupt, or disturb the operation of any Company location, business operation, Premises or service, including but not limited to any disproportional burden on any Company software, hardware, network, OS or other Company infrastructure. Furthermore, Member agrees not to cause any service disruptions effecting Company or any Company service provided to other Company Users or Members.

B. Member agrees not to facilitate or authorize any attempt to use any of Company Operated Systems, Applications or Services to:

i. Transmit harassing, unlawful, threatening, abusive, harmful, defamatory, offensive, vulgar, obscene, lewd, lascivious, pornographic, or other content that is objectionable.

ii. Manipulate, circumvent, update or modify any Company systems, applications or infrastructure.

iii. Use language, or symbols that any reasonable person may find offensive or might be deemed offensive by Company.

iv. Post any misleading, defamatory, or libellous 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 are unlawful.

viii. Threaten, cause distress or harass another person or Member.

ix. Introduce harmful codes into any Company system or application or use any Company 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 Company Members or Users, User activity or any Company network information.

xii. Violate any local, state 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.

XIII. Company Indemnity

Company shall not be held responsible or liable for:

A. Any damage or injury deriving from any omissions or act by the Company; any of Company’s employees; any other persons licensing services or Premises; or any other person, including any Company Member using any services or occupying any Company coworking Premises.

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 of profits, damage to property, indirect, consequential, punitive damages, data loss, or injury caused by any person.

D. Company is not responsible for any Member’s personal property in any Company location. All Members property is at their sole hazard and risk and should any property, in whole or part, be lost, stolen, destroyed, damaged, Member agrees to defend, indemnify, and hold Company harmless against any and all claims, penalties, liabilities, charges, cost, expenses, or any other obligations, including, but not limited to, any legal or attorneys’ fees which may arise or are based upon the foregoing.

Global Terms & Conditions, December 2017