Site Usage And Information Agreement

By using or accessing www.accesswork.in (referred to hereinafter as ‘ Site’), operated by Access Serviced Offices Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Unit no. 42, 4th floor, Regency Chambers, National Library Road, Bandra (West), Mumbai 400 050 and engaged in the business of providing Serviced Offices Guest House Services Corporate Housing, office services in form of outsourced or managed office solutions, flexible serviced offices, running and operation of business centres, incubation centres, temporary offices, commercial lounge facilities at airports, including but not restricted to providing of the services of Laundry Services, Housekeeping, Maintenance Services, Concierge Services, travel, entertainment, internet services, telephone, fax, printing services or any other services as required by its clients along with all allied business services (referred to hereinafter as ‘Access’, ‘we’, ‘us’, or ‘our’), you, on behalf of yourself (‘you’) acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”) as well as our  Privacy Policy. If you do not fully understand and agree to these Terms, you are not authorized to access or otherwise use the Site. The Terms constitute a legally binding agreement between you and us including all our affiliates and subsidiaries. If you use any other Site operated by Access or operated by any of our subsidiaries or affiliates, you also agree to be bound by the separate Terms and Conditions of that other Site, which may have additional terms. You are not authorized to use this Site unless you are capable of entering into valid, legally binding contracts in accordance with the law as applicable in India.

  1. We urge all users to be responsible about their use of this Site and any transaction entered into as a result of staying in the properties as listed on this Site.  The Site has been set up to enable you to book Serviced Office spaces and Business Centres & office spaces (as displayed on the website) and avail all auxiliary services with maximum comfort and convenience.

  2. You are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

  3. Though all efforts have been made to ensure the accuracy and currency of content on the Site, we do not guarantee the quality or legality of the properties advertised, the truth or accuracy of the property listings (including the content thereof or any property or previous user review) or the availability of these units for reservation displayed on the Site.

  4. The license to use the Site granted to you in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site. “General purpose internet search engines” do not include a website or search engine or in the business of providing other services that compete with us.

  5. Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:

    1. Any commercial use other than by members of the Site or any content on the Site;

    2. Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;

    3. Reproduce any portion of the Site on your website or otherwise, mirror or replicate any portion of the Site;

    4. Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;

    5. Reverse engineer any part of the Site;

    6. Use the Site or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability under applicable laws;

    7. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

    8. Violate, plagiarize or infringe our rights or that of third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or

    9. Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

    If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, please inform us by sending an email to connect@accesswork.in.

  6. The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable Indian and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.

  7. As part of the reservation process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form “[ ] - All Rights Reserved”, in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print. 

  8. When you provide your e-mail address to us in connection with any service provided on the Site, you agree to allow the Site and its affiliated website/s to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or a website of any Access affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ website/s at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy.

  9. You acknowledge and agree that, regardless of your physical location, we may store and process any data transmitted to the Site from you at locations both within and outside of India.

  10. You agree to

    1. keep your password and user name and your personal email account secure and strictly confidential, providing it only to authorized users of your account,

    2. instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person,

    3. notify us immediately on selecting a new online ID and password if you believe your password for either your Access or your personal email account may have become known to an unauthorized person, and

    4. Notify us immediately if you are contacted by anyone requesting your online ID and password for the Site. In case you fail to adequately safeguard such information, you are responsible for any and all transactions performed using your Site account or your personal email account, even those transactions that are fraudulent or that you did not intend or want performed.

  11. You acknowledge and agree that we will not have any liability in case of any unauthorized transaction made using your password and/or your online id for either your Site account or your personal email account which could cause you to incur liability to Access, in which case you will be entirely responsible for such liability.

  12. You are solely responsible for keeping yourself updated regarding the content of the Site by visiting the Site regularly, information including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates as found on the Site. We may change these Terms of Use at any time. We do not warrant that the content, property location, suitability, pricing or availability information published on the Site is up to date even in the case where you may have searched for special offers, dates, or types of properties.

  13. We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.

  14. We respect the intellectual property rights of others, and Access does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright.  However, we cannot authorize the use of copyrighted materials contained in linked websites. You are advised to request such authorization from the linked website.

  15. This Site may include links and pointers to other internet sites, resources, and sponsors of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

  16. You agree that we are not responsible or liable for any claims or other representations made by our advertisers. We are also not responsible for any transactions or dealings between you and any third party/advertiser and/or for any claim or loss resulting out of such transactions or dealings thereof.

  17. In no event will we be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our Site, (b) these Terms, (c) any breach of these terms by you or a third party, and/or (d) use of the services we provide related to the business we operate on the Site by you or any third party.  These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable or prevailing Indian law.

  18. If you are dissatisfied with the Site, you do not agree with any part of the terms, or have any other dispute or claim with or against us with respect to these terms or the Site, then your sole and exclusive remedy against us is to discontinue using the Site. In all events, our liability, and the liability of any member of Access, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the extent of five thousand rupees only.

  19. The Site, including all content, software, functions, products, services, materials and information made available on or accessed through the Site, is provided "as is" to the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Site or any linked Site, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. You acknowledge and agree that any transmission to and from this Site is not confidential unless it is personal or sensitive personal data and your communications may be read or intercepted by others.

  20. We have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the Site) the safety of any transaction, property, software or the truth or accuracy of any listing or other content provided on the Site.

  21. You hereby agree to indemnify, defend and hold us (the ‘INDEMNIFIED PARTY’) harmless from and against any and all liability and costs incurred by the INDEMNIFIED PARTY in connection with any claim arising out of your use of the Site or otherwise (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), or any breach by you of these terms or the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs.

  22. In the event that any claim is made or any action or proceeding is brought against the Indemnified Party, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party. We reserve the right, at our own expense, to enter into any settlement of or assume/require you to assume the exclusive defense and control of any Claim.

  23. Any and all services and rights of use hereunder are performed, performable and/or sold in the state of Mumbai, India , and yYou irrevocably agree that any cause of action you may submit in connection with your use of the Site or pursuant to these terms will be filed only in the courts of Mumbai, India which you acknowledge and agree will have jurisdiction for any legal dispute between you and us.

  24. GENERAL:

    1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

    2. Except as explicitly stated otherwise, any notices to us shall be given by email to connect@accesswork.in or by postal mail to the registered office address mentioned above. The notice will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, whichever is earlier, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.

    3. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, software or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.

    4. This version of the Terms is effective immediately and supersedes any other agreements or understanding between you and us effective prior to such date. We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by the terms and conditions of such special program. We further reserve the right to offer additional products, services or features for purchase at any time.

    5. We may immediately terminate your access to or use of the Site due to your breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

    6. These Terms constitute the entire agreement between us and you with respect to the matters set forth herein. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

    7. We may assign these Terms in our sole discretion. You must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

  25. Our services may only be used by members who can form legally binding contracts under Indian law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. You represent and covenant that all information submitted to us and to the Site during registration with the Site shall be true and correct. You further agree to promptly provide notice to the Site regarding any updates to any such contact information previously submitted to the Site. You agree to promptly provide such proof of personal identification, and any other proof or details as we may request with respect to your availing the services offered on the Site.

  26. We do not make any representations or warranties towards any photographs of the properties listed on the Site being perfect or accurate depictions. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.

  27. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content on the Site.

  28. Access’ name and logo and those of our parent company and affiliates are registered trademarks in India and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than in certain permissible communications. You may not refer to us in any way that might lead someone to believe that your company or Site is sponsored by, affiliated with, or endorsed by us.

  29. In case of reservations made on the Site for any property listed as the property of Access, by or on behalf of a company or individual and where in case of:

    1. Serviced Offices/ Business centres : More than 5 numbers of units are required to be reserved, Terms and conditions regulating all such reservations shall be prescribed by way of a separate agreement to be signed between you and us.

  30. Any violation of the acceptable payment methods that may be posted on the Site may result in the cancellation of the reservation from the Site without notice and without refund. 

  31. You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply your reservation on the Site. We assume no responsibility for your compliance. You agree that any withholding or other tax obligation relating to your reservation or any other purchase from us is your sole responsibility.

  32. All reservations are to run the full term as chosen by you and accepted by us. In case of any queries in regard to the same, you may contact customer support by sending your request to connect@accesswork.in or any other link as may be stipulated on the website.

  33. We reserve the right to terminate your reservation(s) immediately without refund. If you are abusive or offensive to any employee or representative of Access, we reserve the right to terminate your reservation(s) immediately without refund. No reservation may be transferred to another party, except with our express written approval. We may, at our discretion, charge a reasonable transfer fee. In case that the reserved unit is used for any fraudulent or other purpose contrary to law, we reserve our right to cancel such reservation without notice and without refund and be indemnified against such acts on your part.

  34. We welcome your feedback regarding our businesses. Please send us your feedback at connect@accesswork.in. Kindly keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.