Customers’ Terms and Conditions (Workspace)

    INTRODUCTION

    The terms and conditions herein ("Terms and Conditions") is the agreement that defines the rights, duties and responsibilities of SINGA (Business Certificate No. 55372402), trading as ‘Workspace Asia’, a business incorporated in Hong Kong with its address at 19/F, China Building, 29 Queen’s Road Central, Central Hong Kong (“Company”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”) in relation to the enquiry on leasing or renting of co-working spaces, including without limitation virtual offices, hot desks, fixed desks, private offices serviced offices, coworking space, business centers, and executive suites and/or office or office building anywhere in the world (“Workspaces” or each, a “Workspace”) operated by the co-working space operators (“Operator”) on https://www.workspaceasia.com/ owned by us (“Website”). By registering a one-time registration account via the Website (“Account”) or placing an enquiry for the Workspace from the Website (“Inquiries” or each, an “Inquiry”) with us or using any facilities made available by us in relation to the enquiry of any Workspace on Website, you are deemed to have read and accepted and agreed to be bound by the Terms and Conditions.

    The Terms and Conditions shall be read together with all the information made available to you when placing and confirming an Inquiry including without limitation the Privacy Policy and such other information made available by us from time to time.

    If you are below 18 years old or such legal age as defined in your national law: you must obtain consent from your parent(s) or legal guardian(s). Their acceptance of these Terms and Conditions and their agreement to take responsibility for (i) your actions; (ii) your acceptance and compliance with these Terms and Conditions (iii) and your enquiry of any Workspace from the Website. If you do not have consent from your parent(s) or legal guardian(s), you must stop using or accessing this Website.

    1. ACCOUNT
      1. In order to access and use certain features on the Website, you may be required to create an Account. You shall and agree to: (a) provide accurate, current and complete information when creating or updating the Account; (b) maintain and promptly update the Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify the Company if you discover or otherwise suspect any security breaches related to the Website; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorised access. For your convenience, Account registration could be done via a third-party login such as Facebook.
    2. INQUIRY
      1. The Customer may enquiry Workspaces by placing and completing the Inquiry on the Website and shall be responsible for ensuring the accuracy of the Inquiry. All Inquiries shall be subject to Operator’s acceptance in their sole discretion and each Inquiry accepted by the Operator shall be deemed to be irrevocable and unconditional upon transmission through the Website, unless otherwise specified. Once the Inquiry is accepted by the Operator, you are not allowed to amend, modify, or cancel the Inquiry unless otherwise agreed by the Operator or us. For the avoidance of doubt, we shall be entitled to refuse or cancel any Inquiry without giving any reasons for the same to the Customer.
      2. Once the Inquiry is successfully placed and accepted, a confirmation of the same will be notified to the Customer via electronic mail confirmation or such other mode of communication as we deemed appropriate.
    3. WORKSPACE DESCRIPTION AND AVAILABILITY
      1. You acknowledge that all images, photographs or videos of the Workspaces presented, showcased, displayed, broadcasted and made available on Website are for illustrative purposes only. We will attempt to ensure that all description of the Workspaces shown on Website are as accurate as possible. Although we have taken reasonable care to present the description of the Workspaces accurately, the actual Workspaces delivered may vary from those shown on Website due to reasons including without limitation any web image quality, broadcast quality, packaging, redesign and improvements.
      2. The availability of the Workspaces presented on Website depends on the Operator. The Company does not guarantee the availability of the Workspaces. In order to ensure that Workspaces are available to Customers, The Operator has the right to impose certain restrictions or set maximum limits in advance including without limitation the number of occupants for the Workspaces. If the Workspaces requested by the Customer are unavailable, the Company or the Operator shall make every effort to offer a substitute item which is closest in terms of price and type to the original Inquiry or to cancel the Inquiry and in this connection, neither the Company nor the Operator shall not be held liable in any manner whatsoever to the Customer.
    4. PRICE
      1. The price of the Workspace including any payment in advance or deposit shall be solely determined by the Operator and the price stated on the Website at the time which the Customer places the Inquiry is for reference only. The price may include or exclude any applicable, sales and services tax, value-added tax or similar tax which the Customer shall be liable to pay and will be communicated to the Customer by the Operator (“Workspace Price”).
      2. The Workspace Price shall be further subject to any applicable fee and charges including without limitation exit charges which shall be borne by the Customer (“Additional Charges”). Unless otherwise specified, the Additional Charges may be waived, absorbed or borne by the Operator.
      3. The Customer shall settle the Workspace Price and/or Additional Charges prior to commencement of the leasing of Workspace, via the mode of payments provided by the Operator from time to time.
    5. TERMS OF PAYMENT
      1. All payments shall be made to the Operator in accordance with the payment methods made available by the Operator from time to time.
      2. The Customer acknowledges that the Company is an intermediary between the Operator and Customer in facilitating the leasing of Workspace. Nonetheless, the Customer acknowledges and agrees that the Operator is entitled to an introduction fee pursuant to the Inquiry and such fee can be set off from the Workspace Price and paid by the Operator to the Company.
      3. In the event the Company discovers any fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with any payment made by any Customer in relation to any Workspace then the Company shall be entitled to without limitation to any rights of the Company herein, require a different means of payment from the Customer, or to refuse, cancel or reject an Inquiry and/or suspend or terminate a Customer’s Account.
    6. DISCLAIMER & LIMITATION OF LIABILITY
      1. We provide an electronic web-based platform for exchanging information for the leasing and enquiry of Workspaces between the Operator and the Customer. We further provide electronic web-based transaction platforms for the Customer to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Website, if available. As such, we do not represent the Operator nor the Customer.
      2. The Customer acknowledges that the Company is an intermediary between the Operator and Customer in facilitating the leasing of Workspace. Nonetheless, the Customer acknowledges and agrees that the Operator is entitled to an introduction fee pursuant to the Inquiry and such fee can be set off from the Workspace Price and paid by the Operator to the Company.
      3. Any information made available on the Website in connection with the supply of Workspaces, including photographs, drawings, locations, appearance, or any information disclosed related to the Operator are for information purposes only. The actual Workspace may vary from those shown on the Website.
      4. We shall further be under no liability in respect of: a) any allergies or other health or medical condition suffered by a Customer at the Workspace; b) failure to meet the expectation of the Customer in relation to the Workspace and c) any defect to any Workspace, arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow instructions (whether oral or in writing) misuse or alteration or repair of the Workspace.
      5. This Website, the information on this Website and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied
      6. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Website and its contents, including in relation to any inaccuracies or omissions in this Website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade of the Workspace.
      7. We do not warrant that this Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Website will not be affected by any Acts of God or other force majeure events, including an inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
      8. While we may use reasonable efforts to include accurate and up-to-date information on this Website, we make no warranties or representations as to its accuracy, timeliness or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE WEBSITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      9. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
      10. Notwithstanding our efforts to ensure that our Website and/or system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Website, or electronic mail transmitted to and from us, will not be monitored or read by others.
      11. Although we use reasonable endeavours to ensure that any software made available on this Website is suitable for downloading, installation and/or use by you, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
    7. INDEMNITY
      1. You agree to indemnify, defend and hold the Company and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses suffered by or incurred by the Company, its affiliates or their employees, directors, representatives, consultants, officers, owners or agents arising from or related to any of the following:

        (a) breach or violation by you of these Terms and Conditions;

        (b) your connection to the Website;

        (c) your enquiry of Workspace;

        (d) your gross negligence or wilful misconduct;

        (e) any breach or violation by you of applicable laws;

        (f) any or all of the information or data provided by you to the Company or the content thereof (including claims of infringement, ownership, libel, defamation, obscenity); and

        (g) use of the Website and Account;

      2. To the extent permitted by law, our total liability to you or any third party in respect of any cause of action, shall in no circumstances exceed, in the aggregate, a sum equal to 100% of any aggregate amount paid by the Operator to us as introduction fee in respect of the relevant Workspaces.
    8. INTELLECTUAL PROPERTY RIGHTS
      1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on this Website are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or the Operator, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or the Operator, as the case may be.
      2. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission. Misuse of any trademarks or any other content displayed on the Website is prohibited.
      3. We will not hesitate to take legal action against any unauthorised usage of its trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
    9. DATA PRIVACY
      1. We collect and processes your personal data in accordance with our Privacy Policy. Where applicable, you agree and consent to us, our subsidiaries and any of our affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.
    10. LINKS TO OTHER WEB WEBSITES
      1. You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and these Terms and Conditions will apply to your use of this Website by linking to it.
      2. For your convenience, we may include hyperlinks to other web Websites or content on the Website that are owned or operated by third parties. Such linked web Websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked web Websites. Any hyperlinks to any other web Websites or content are not an endorsement or verification of such web Websites or content and you agree that your access to or use of such linked web Websites or content is entirely at your own risk.
    11. SUSPENSION & TERMINATION
      1. The Company reserves the right, without prior notice, and at its sole discretion, to terminate or suspend your right to access or use the Website or any portion of the Website (including access to your Account and/or the availability of any products or services), and to block any future access or use of the Website or any portion of the Website (including access to your Account and/or the availability of any products or services) by you immediately, including but not limited to situations where it is determined that the Customer breaches any of the Terms and Conditions by giving fourteen (14) days’ written notice to the Customer. For the avoidance of doubt, in the event of termination or suspension of an Account, the Company shall not be under any obligation to provide the Customer with: (i) date for the conclusion of any investigations; or (ii) any assurances on when the suspension will be lifted. We shall not be required to compensate the Customer for any suspension or termination.
      2. We shall not be liable for any breach of its obligations under the Terms and Conditions where it is hindered or prevented from carrying out its obligations by any event of force majeure or cause outside its reasonable control (or by any damage caused by any of such events).
    12. GOVERNING LAW AND JURISDICTION
      1. The terms herein stated shall be governed by and interpreted in accordance with the laws of Hong Kong and the parties shall submit to the exclusive jurisdiction of the Hong Kong courts.
    13. SEVERANCE
      1. If any provision of these Terms and Conditions is declared to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of the law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.
    14. ENTIRE AGREEMENT & AMENDMENTS TO THE TERMS
      1. The Terms and Conditions herein stated shall constitute the entire agreement and understanding between you and us on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and us concerning the subject matter thereof.
      2. These Terms and Conditions may be modified from time to time. Any modifications to these Terms and Conditions.will be effective upon posting. You should therefore read these Terms and Conditions.before you place any Inquiry. Your continued use of the Website after any modifications to the Terms and Conditions indicates your acceptance of the modified Terms and Conditions.
    15. CONTACT US
      1. If you have any question in relation to the Inquiry or the terms herein stated, please do not hesitate to contact us at: [email protected]