T's & C's / Private Policies

TERMS OF SERVICE:

The Website and App are operated by WORKINSPACE. Throughout the Website and App, the terms “we”, “us” and “our” refer to WORKINSPACE. WORKINSPACE offers the Website and App, including all information, tools and services available from the Website and App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting and/ or making use any/all functions of our Website and/or App, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website and/or App, including without limitation both workspace hosts and seekers, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website and/or App. By accessing or using any part of the Website and/or App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website and/or App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1. WHO ARE WE?

1.1. The WORKINSPACE Website and Application offer an online directory that enables users to publish, offer, search for and book services. User(s) who publish and offer services are deemed “Hosts” and users who search for, book, or use the services are “Seekers”. Users must register an account to access and use many features of the WORKINSPACE platform, and must keep all account information as accurate as possible. As the provider of the WORKINSPACE platform, WORKINSPACE does not own, control, offer or manage any Listings or Host Services. WORKINSPACE is not a party to the contracts concluded directly between Hosts and Guests, nor is WORKINSPACE a real estate broker or insurer. Airbnb is not acting as an agent in any capacity for any Member.

2. UPDATING THE TERMS

2.1. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

3. COMPANY DETAILS

3.1. In accordance with the disclosure requirements of relevant consumer legislation the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

  • WORKINSPACE is a company duly registered and existing under the laws of England and Wales with registration no.13518374 operating from 2 Kimbolton Row, 115C Fulham Road, London, SW36RQ, United Kingdom.
  • WORKINSPACE will accept legal service at the above address.
  • WORKSPACE can be contacted via its website at https://www.workinspace.com or by emailing info@workinspace.com .

4. THE WEBSITE AND APP

4.1. The WORKINSPACE Website and App are online booking tools / software systems that facilitate the collection of User information in order to organise and schedule course and/or cultural event bookings.

4.2. WORKINSPACE reserves the right to terminate a User’s account for any reason that it deems reasonable.

5. CONTENT OF THE WEBSITE AND APP

5.1. WORKINSPACE reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and/or App and any information or content on the Website and/or App.

5.2. WORKINSPACE reserves the right to change and amend the products, prices and rates quoted on the Website and/or App from time to time without notice.

5.3. WORKINSPACE may use the services of third parties to provide information on the Website and App. Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.

5.4. WORKINSPACE may provide links to third party websites on the Website and/or App. These links are provided to the user for convenience purposes only and WORKINSPACE does not endorse, nor does the inclusion of any link imply WORKINSPACE’S endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

5.5. WORKINSPACE shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website and/or App. Any dealings that you may have with any linked websites, including advertisers, found on the Website and/or App, are solely between the User and the third-party website.

6. USE OF THE WEBSITE AND/OR APP

6.1. The information and content provided on the Website and/or App (the “Service”) is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WORKINSPACE to any liability or registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are apply.

6.2. The Service is intended for users who are at least 18 years of age. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

6.3. Further, by using the Service, you agree and undertake that:

  • Your participation in using the Service is for your own personal use.
  • You will keep secure and confidential your account password or any identification provided to you which allows you access to the Service.
  • You will only use the Service for lawful purposes and in the manner permitted.
  • You will not use the Service to cause nuisance, annoyance or inconvenience.
  • You will not impair the proper operation of the Service.
  • You will not cause or condone any harm to the Service in any way whatsoever.
  • You will provide WORKINSPACE with whatever proof of identity it may reasonably request.
  • You will not reverse engineer, modify or make derivative works using or based on the Service.
  • You will not create Internet “links” to the Service or “frame” or “mirror” the Service on any other server, wireless, online or connected device.
  • You will not access the Service in order to build a competitive product or service, build a product using similar ideas, features, functions, lay-out or graphics of the Service, or copy any ideas, features, functions, lay-out or graphics of the Service.
  • You will not interfere with or disrupt the integrity or performance of the Service.

7. INTELLECTUAL PROPERTY

7.1. Unless otherwise indicated, the Website and App are the proprietary property of WORKINSPACE and all source code, databases, functionality, software, website lay-out and designs, audio, video, text, learning materials, photographs, and graphics on the Website and/or App (collectively, the “Content”) and the domain names, trademarks and logos featured or used in relation to the Website or App (the “Marks”) are owned or controlled by WORKINSPACE. These elements are protected by intellectual property rights, notably copyright, trademark and unfair competition laws of South Africa, foreign jurisdictions, and international conventions.

7.2. Except as expressly provided in these Terms, no part of the Website or App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without express prior written permission from WORKINSPACE.

7.3. Provided that a User is eligible to use the Website and/or App, the User will be granted a limited license to access and use the Website and/or App and to download or print a copy of any portion of the Content to which the User has properly gained access solely for the User’s personal, non-commercial use. WORKINSPACE reserves all rights not expressly granted to a User in and to the Website and/or App or Content contained therein.

8. HOST TERMS

8.1. When you accept a booking request or receive a booking confirmation through the WORKINSPACE Website and/or App, you are entering into a contract directly with the Seeker and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees for each booking. Any terms, policies, or conditions that you include in any supplemental contract with a Seeker must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

8.2. The Host’s relationship with WORKINSPACE is that of an independent individual or entity and not an employee, agent, joint venturer(s), or partner of WORKINSPACE. WORKINSPACE does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

8.3. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, security deposits, offline fees, and any rules or requirements that apply to the Seeker or Listing. You are responsible for keeping the Listing information (including calendar availability) and content up-to-date and accurate at all times.

8.4. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the WORKINSPACE Website and App.

9. SEEKER TERMS

9.1. The Seeker must register an account to access and use many features of the WORKINSPACE Website and App. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older unless accompanied by a parent or legal guardian. You represent and warrant that you are not a person or entity barred from using the WORKINSPACE Website and App under the laws of the South Africa, your place of residence, or any other applicable jurisdiction.

9.2. Seekers are required to provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify WORKINSPACE if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.

10. RISK, LIMITATION OF LIABILITY & INDEMNITY

10.1. The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

10.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall WORKINSPACE be liable for any loss, harm, or damage suffered by the user as a result thereof. WORKINSPACE reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should WORKINSPACE deem it necessary.

10.3. You hereby unconditionally and irrevocably indemnify WORKINSPACE and agree to WORKINSPACE free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by WORKINSPACE or instituted against it as a direct or indirect result of:

  • your use of the Website and/or App;
  • software, programs, and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of WORKINSPACE ?
  • your failure to comply with any of the terms or any other requirements which WORKINSPACE may impose from time to time?
  • any unavailability of, or interruption in, the service which is beyond the control of WORKINSPACE;
  • any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10.4. WORKINSPACE makes no warranty or representation as to the availability, accuracy, or completeness of the content displayed on the Website and/or App. You expressly waive all your rights of whatever nature that you may have against WORKINSPACE for any loss suffered by you, because of information supplied by WORKINSPACE or its users being incorrect, incomplete, or inaccurate.

11. PRIVACY POLICY

11.1. Data protection relating to the collection, processing and storage of personal information is of the highest concern for WORKINSPACE and, as such, all the data collected from Users of the Website and/or App is processed and stored according to existing legal provisions prescribed in the Electronic Communications and Transactions Act (“ECTA”) and the Protection of Personal Information Act (“POPI”).

11.2. “Personal information” when used in this Privacy Policy means information that can identify the user as an individual or can identify the user. By personal information we do not mean general, statistical, aggregated, or anonymised information.

11.3. In accordance with the abovementioned legal provisions, WORKINSPACE has the obligation to manage all personal information collected and stored by it only for the purposes for which it is collected and/or stored.

11.3.1. What information we collect –

11.3.1.1. WORKINSPACE Hosts:

  • Name* (Name of Host’s space, business or shop)
  • Location* (search the location of Host’s space)
  • Space Type* (select the type of space Host is offering)
  • Write a short description of the listing
  • Write a full description of the listing
  • Provide Host’s website URL
  • List the features that the Host’s space offers, whether it be WiFi/Fibre, food and drink, events, meeting rooms, covid secure, parking
  •  List trading hours
  • Upload photographs of Host’s space. The host can upload their photographs in the following ways:
    – Take a Photo;
    – Add a photo from photo library; or
    – Browse photos on the user’s device
  • Upload the Host’s business logo:
    – Take a Photo;
    – Add a photo from photo library; or
    – Browse photos on the user’s device
  • Provide Host’s contact details:
    – First Name*
    – Last Name*
    – Email*
    – Phone Number (mobile or landline)
  • Hosts must list their preferences as follows:
    – Seekers should book beforehand;
    – Seekers should contact Host via email;
    – Seekers should contact Host via phone; or
    – Seekers can walk-in without booking

11.3.1.2. WORKINSPACE Seekers:

  • First Name*
  • Last Name*
  • Email*
  • Phone Number (mobile or landline)*
  • Password*
  • Confirm Password*

11.3.2. How we collect your information –

In order to make use of the service provided on the WORKINSPACE Website and App, you will be required to register and provide information relative to whether the user elects to be a “Host” or a “Seeker.”

11.3.3. How we use your information –

We may use your information to connect you to either a “Host” or “Seeker” depending on the service you wish to receive; to validate you as a customer when using our services and contacting us? to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks? to prosecute those responsible.

11.3.4. How long do we keep your information for –

The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

11.3.5. When and where do we use cookies –

WORKINSPACE does not make use of cookies, rather information collected during your registration will be locally stored and will allow us to recognise you as a customer and provide you with the services you require.

11.3.6. How can you manage your privacy preferences –

Should the user wish for WORKINSPACE to stop processing personal information for marketing purposes, please contact us at the address set out in clause 3 above.

11.4. Further, WORKINSPACE may use your personal contact information to send you correspondence celebrating major events (including, but not limited to, birthdays and/or national holidays). At no time will personal contact information be shared with a third party or used to forward unsolicited marketing materials of any kind and you may, at any time, request to have any and all personal contact information removed from our mailing list.

TERMS LAST UPDATED: 20 September 2021