AnyWorkspace Limited Terms & Conditions
Accounts, Registration Data, Account Security
In connection with registering for, using or participating in the Service (whether as a Guest or a Space Provider), you agree to (i) provide accurate, current and complete information about you and your organization as requested by AnyWorkspace ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to AnyWorkspace, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
Use of the Service by Space Providers is also governed by our Space Provider Terms located at the end of these terms (the “Space Provider Terms”). By using the Service as a Space Provider, you are consenting to the terms of the Space Provider Terms as well.
Transactions Between Guests and Space Providers on the AnyWorkspace Platform
Agreements Between Guests and Space Providers
By completing a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Space Provider, and which include any and all additional terms, conditions and policies provided by the Space Provider relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Space Provider (the "Rules”).
The Space Providers, not AnyWorkspace, are solely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Service. Guests, and not AnyWorkspace, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. AnyWorkspace is not a party to those agreements, and AnyWorkspace disclaims all liability arising from or related to any such agreements. AnyWorkspace does not act as an insurer or as a Guest’s or Space Provider’s real estate broker.
AnyWorkspace may, but has no obligation, to monitor disputes between you and any other Users relating to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYWORKSPACE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. ANYWORKSPACE DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY SPACE PROVIDERS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE ANYWORKSPACE FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
If you are a Guest and you have been duly authorised to book the Space by the Space Provider, when you complete a reservation for a Space on the Service, you agree to pay the applicable fee for using the Space as set forth in the offering for such Space (the “Fee”) based on the type of reservation booked (i.e. Hourly/Daily Reservation vs. Monthly Reservation (each, defined below)). The Fee for an Hourly/Daily Reservation is the rate per hour/day of the reservation and the Fee for a Monthly Reservation is the rate per calendar month of the reservation. “Hourly/Daily Reservations” are reservations with duration of 30 days or less including any reservations made for a full day, as well as recurring reservations where each individual reservation is a full day or less. “Monthly Reservations” are reservations with a minimum duration of one month, including reservations that automatically renew on a month-to-month basis.
You will be billed the Fee as determined by the Space Provider: AnyWorkspace will ask for your credit card information and billing address or other payment information, and AnyWorkspace will process your Fee payment on behalf of the Space Provider. AnyWorkspace is acting as the Space Provider’s limited payment collection agent, and the Fee paid shall be considered the same as a payment made directly to the Space Provider.
The amount and timing of the Fee payments processed by AnyWorkspace on behalf of the Space Provider is based on the type of reservation booked. For Hourly/Daily Reservations, AnyWorkspace will process payment for such reservations within 24 hours of the booking confirmation. For Hourly/Daily Reservations, you will be charged the Fee for the total number of hours/days booked including any taxes as set forth in the offering for the Space (the “Hourly/Daily Reservation Payment”). Any changes you make to your reservation after it is made may result in an adjustment to the Hourly/Daily Reservation Payment for the reservation subject to the Cancellation Terms (defined below). In the event you use the Space for longer than the amount of time you booked for your reservation, the applicable Space Provider may adjust the Hourly/Daily Reservation Payment for your reservation based on your actual use of the Space. If you believe a change to your Hourly Reservation Payment made by a Space Provider was in error, you may request a refund by providing notice to AnyWorkspace through the Service. AnyWorkspace may provide you a refund at AnyWorkspace’s sole discretion.
For Monthly Reservations, AnyWorkspace will process the initial payment for such reservations 24 hours after you complete your reservation on the Service. For Monthly Reservations, the initial payment will be equal to (1) any applicable setup charges, (2) the Fee for the first full calendar month of the reservation, (3) a pro-rated portion of the Fee for the first partial month of the reservation (if you start your reservation after the first calendar day of the month) and (4) any applicable taxes. In addition, AnyWorkspace will also process an additional amount equal to the Fee for a full calendar month (the “Deposit”).
The Deposit will be collected by AnyWorkspace on behalf of the Space Provider and held for the benefit of the Guest and Space Provider during the term of the reservation pursuant to the terms and conditions herein.
If you are a Space Provider, you acknowledge that AnyWorkspace accepts payments from Guests as a limited collection agent and that AnyWorkspace’s obligation to pay the Space Provider is subject to and conditional upon successful receipt of the associated payments from Guests. AnyWorkspace does not guarantee payments to Space Providers for amounts that have not been successfully received by AnyWorkspace from Guests.
Any reservations that are cancelled by the Guest or by the Space Provider at the Guest's request are subject to the Cancellation Terms.
All Fees and taxes paid by Guests are non-refundable, except as expressly stated in this Agreement.
A full or partial refund will be provided to the guest in the following circumstances:
- Space Provider unable to allow use of the reserved space due to T8 Storm Signal alert (Hong Kong only) and above; any force majeure event (such as flooding, earthquake, other natural disasters etc); extended power outages lasting in excess of 2 hours;
- Space Provider has failed to meet AnyWorkspace's Minimum Acceptable Space Standards.
All refund requests must be sent in writing to email@example.com. It is at AnyWorkspace's sole discretion if the refund request is valid and the decision is final.
Proprietary Rights in Site Content
User Content Posted on the Service
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Space Provider, your Space (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Space Provider, your Space, that you upload or otherwise provide to AnyWorkspace for use in your Profile (collectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.
AnyWorkspace does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Space Providers, and makes no representations or warranties with respect to any User Content.
"AnyWorkspace" is a registered trademark of AnyWorkspace Limited. "AnyWorkspace" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of AnyWorkspace in Hong Kong and other countries ("AnyWorkspace Marks"). You may not use the AnyWorkspace Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that AnyWorkspace endorses any product or service. You may not reproduce or use the AnyWorkspace Marks without the prior written permission of AnyWorkspace.
- use automated scripts to collect information from or otherwise interact with the Service;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from AnyWorkspace;
- upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
- upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, ID card numbers and credit card numbers;
- upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
- upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
- use or attempt to use another's account, service or system without authorization from AnyWorkspace, or create a false identity on the Service;
- use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;
- upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of AnyWorkspace, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose AnyWorkspace or its users to any harm or liability of any type.
No High Risk Use
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED, and AnyWorkspace expressly disclaims any liability that may result from your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices.
Additional Representations and Warranties
- the User 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; and
- you are not located in a country that is subject to a Hong Kong SAR government embargo and you are not listed on any Hong Kong SAR government list of prohibited or restricted parties.
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 AnyWorkspace. 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.
Mobile Software License
You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof. AnyWorkspace and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.
AnyWorkspace is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. AnyWorkspace is not responsible for the conduct, whether online or offline, of any User, including any Guest's non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. AnyWorkspace shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will AnyWorkspace be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.
ANYWORKSPACE PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO SPACE PROVIDERS AND GUESTS "AS IS," AND, EXCEPT AS PROVIDED HEREIN, AND ANYWORKSPACE AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANYWORKSPACE CANNOT GUARANTEE AND DOES NOT PROMISE TO SPACE PROVIDERS AND GUESTS, AND SPACE PROVIDERS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, ANYWORKSPACE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; ANYWORKSPACE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND ANYWORKSPACE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL ANYWORKSPACE OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, 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 GUEST'S USE OF A SPACE, EVEN IF ANYWORKSPACE 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 ANYWORKSPACE BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A SPACE PROVIDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYWORKSPACE'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 AMOUNT PAID, IF ANY, BY YOU TO ANYWORKSPACE FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
AnyWorkspace 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 AnyWorkspace.
You may terminate your AnyWorkspace account at any time by providing AnyWorkspace 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 AnyWorkspace at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, AnyWorkspace will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Space Provider, on or through the Service.
Governing Law; Disputes
Last revised on June 20, 2016