Terms And Conditions

1. Introduction

1.1  MeWork provides an online platform, which is accessible through our website at https://mework.in (the “Site”), that connects (a) venue partner and other providers of commercial office space (“Office Providers”); and (b) individuals or businesses (each, a “Client”) seeking to rent or otherwise use office space (collectively the “Service”).

1.2  The Service allows (a) Office Providers to advertise available commercial office space (“Space”) by creating and posting listings for such Space on the Site (“Listings”); and (b) Clients to search for and enter into agreements to occupy the available Space directly with the Office Providers (a “Space Agreement”).

2. Information about us

2.1 The Service is operated by or on behalf of Orane Marketing as MeWork (“MeWork”, “we”, “us” and “our”). We are a     limited company registered in Delhi, India. Our registered office is at E260, Gateno.2, E Block, East of Kailash, New Delhi -110065 IN

3. Your personal information

3.1 Please see our Privacy and Cookies Policy https://mework.in/privacy-policy to understand how we collect, use and share information that relates to you.

4. Additional Services

4.1 We may, from time to time, offer additional services to assist Office Providers with the creation of Listing, including:

1. preparing a description of the Space;
2. taking photographs of the Space, and
3. Making video of the space.

4.2 (the “Additional Services”).

4.3 To request any Additional Services, please email us at info@mework.in. We will inform you of any fees due to us for the performance of the Additional Services (the “Additional Service Fees”).

4.4 We will be the owner of any text, images, or other materials that we create in the course of providing you with any Additional Services (the “New Materials”). We grant you a limited, non-sublicensable, non-transferable license to view the New Materials in connection with viewing and amending your Listing only. This license is personal to you and you are not permitted to give the New Materials to any other person or to use the New Materials for any other purpose, including (without limitation) uploading any New Materials to your or any other website.

5. Enquiries and Viewings

As a Client, you are responsible for ensuring that a Space is suitable for your needs, and for conducting any appropriate checks on the Space and the Office Provider. You can do this by asking any questions using the functionality on the Service or by contacting MeWork directly (each an “Enquiry”) and arranging viewings to view the Space (a “Viewing”).

6. Entering into a Space Agreement

6.1 We will advise the Office Provider of Clients interested in their Space, either through the applicable functionality on the Service or by contacting the Office Provider directly.

6.2 The Office Provider is responsible for reviewing and confirming the suitability of a Client before entering into a Space Agreement, including by conducting any checks or obtaining any references.

6.3 The Office Provider will be responsible for contacting the Client directly and entering into a Space Agreement with the Client where appropriate. MeWork may assist in this respect at its discretion, but does not determine or negotiate any terms of the Space Agreements entered into between Office Providers and Clients.

6.4 MeWork itself is not a party to any agreements entered into between the Office Providers and Clients in connection with any Space, nor is MeWork an owner, lessor, licensor, manager, or insurer of any Space. MeWork, therefore, has no control over and disclaims all liability in respect of the conduct of Office Providers, Clients and other users of the Site and Service or any Space, including with respect to non-payment of any amounts due to Office Providers by Clients under a Space Agreement or any non-conformity of a Space with the descriptions or pictures provided in a Listing.

6.5 You must (whether you are a Client or an Office Provider) keep MeWork informed in relation to any Space Agreement you enter into (including any amendments or termination).

6.6 You agree to provide such feedback, rankings, and reviews as MeWork may reasonably request in respect of any Space Agreement and/or Space.

6.7 You must ensure that any feedback you provide conforms with these Terms of Business, including ensuring that it does not contain any Prohibited Content (as defined below).

7. Fees
   The following section applies to Office Providers only

7.1 If you are an Office Provider and you enter into a Space Agreement with a client that was referred to you by us through the Service (whether the Space Agreement was entered into before or after termination or closure of the Office Provider’s Account), we will charge you either:

1. a fee (discussed at time of finalisation) of the Space Fee payable to you by the Client in respect of the first 12 months of the Space Agreement or the minimum term of the Space Agreement (whichever is greater) (the “Chargeable Term”), which will be payable by you to us on the commencement date of the Space Agreement (the “Upfront MeWork Fee”); or
2. Space Fee payable to you by the Client in respect of the Chargeable Term, which will be payable by you to us on a monthly basis in advance for entire Chargeable Term (the “Monthly MeWork Fee”),

7.2 as agreed between us or unless we expressly agree on an alternative fee arrangement with you.

7.3 The Upfront MeWork Fee or Monthly MeWork Fee will also be payable by you to us if a Client that was referred to you by us enters into a Space Agreement (whether with you or any other Office Provider), unless that Office Provider with which the Client enters into that Space Agreement agrees to pay the relevant Upfront MeWork Fee or Monthly MeWork Fee to us in writing.

7.4 In the event that (a) the Space Agreement terminates before the end of the Chargeable Term; or (b) the Space Agreement is for a period of fewer than 12 months, then you shall be entitled to a pro-rata refund of the Upfront MeWork Fee, subject to the provision of satisfactory evidence to MeWork that the Space Agreement has ended, and provided that you promptly inform MeWork if and when a Space Agreement terminates or expires.

7.5 In the event of any change to the Space Fee payable by a Client to an Office Provider (or any of their respective affiliates) during the Chargeable Term, including where the Office Provider and the Client (or any of their respective affiliates) agree that the Client will occupy a new space or to reduce the size of an existing Space:

1. the Office Provider shall pay to MeWork on a pro-rata basis any additional Upfront MeWork Fee payable in respect of the increased Space Fee; or
2. MeWork shall refund to the Office Provider on a pro rata basis any Upfront MeWork Fee paid by the Office Provider in respect of the decreased Space Fee; or
3. the Monthly MeWork Fee shall be adjusted to take into account the increase or decrease in the Space Fee from the date of such increase or decrease in the Space Fee.

7.6 The Upfront MeWork Fee and Monthly MeWork Fee exclude GST (if applicable), which shall be payable at the same time as the Upfront MeWork Fee or Monthly MeWork Fee.

7.7 MeWork will submit an invoice in respect of the Upfront MeWork Fee or first Monthly MeWork Fee when the Client takes occupation of the Space. Subsequent invoices will be raised in advance as appropriate. The Office Provider agrees to pay all invoices within 30 calendar days of the date of the invoice.

7.8 If the Office Provider fails to make any payment due to MeWork by the due date for payment, then the Office Provider shall pay interest on the overdue amount at the rate of 4%  per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Office Provider shall pay the interest together with the overdue amount. We may also suspend or terminate the Office Provider’s access to any Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by the Office Provider). However, charges will continue to be incurred until the Account is closed.

7.9 The Office Provider shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). MeWork may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Office Provider against any amount payable by MeWork to the Office Provider.

 

8. Refund Policies

Service Partner shall be liable for refund as per the following rules:

1. if cancellation is done when only 24 hours are left- No refund
2. Cancellation between last 24 to 48 hours -50%
3. Cancellation more than 48 hours prior to the slot booked – 100% refund
4. Your right to use the Service

9.1 You agree that you will not, nor allow anyone else to, use your Account:

1. to interfere with or disrupt the provision of the Service or use the Service in a way that interferes with anyone else’s use of the Service;
2. to further any criminal or fraudulent activity or to impersonate another person;
3. to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
4. otherwise in breach of any acceptable use guidelines that we may issue from time to time.

10 Except to the extent expressly set out in these Terms of Business, you are not allowed to:

1. Download and store the Service, or any content made available through the Service on a server or other storage device or create an electronic database by systematically downloading and storing all of the content of the Service;
2. remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted; or
3. create links to the Service from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Service, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

10.3 You must only use the Service and anything available from the Service for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

11 Intellectual property rights

14.2 All intellectual property rights in the Service and any content made available through the Service (including any content, text, graphics, software, photographs and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. We give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Business.

11.2  Your right to use the Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Service does not stop us from giving other people the right to use the Service.

11.3 Except as expressly set out here, nothing in these Terms of Business gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Service. In the event you print off, copy or store pages from the Service (only as permitted by these Terms of Business), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

12. User content

12.1 You confirm that any images, text or information that you upload to the Service, including any reviews that you post about Spaces, Office Providers or Clients (collectively, your “User Content”), will not:

1. contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (“Prohibited Content”);
2. impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
3. contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or another form of solicitation (spam); or
4. transmit or distribute any virus and/or other code that has contaminating or destructive elements.

12.2 We do not claim ownership of any User Content that you upload to our Service and ownership will remain with you and any third party whose content you include in your User Content. You agree that, by uploading any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, for marketing purposes, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.

12.3 You must ensure that you have all the relevant rights to grant us the licence in paragraph 12.2 for any content owned by a third party that you include in your User Content and that your User Content will not otherwise infringe any other party’s rights.

12.4 Our right to use your User Content does not in any way affect your privacy rights.

12.5 Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to monitor and delete, edit or modify any User Content submitted by you and/or to close any topic, page, group or remove any Listing at any time without notice to you.

13. Confidentiality

16.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by paragraph 15.2.

13.2 Each party may disclose the other party’s confidential information:

1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms of Business. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this paragraph 15; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms of Business.

14. Service suspension and termination

14.1 MeWork may, with or without prior notice, terminate these Terms of Business or suspend and/or terminate any Service and/or your use of your Account in the event that:

1. you have breached any of these Terms of Business;
2. you fail to pay any correctly billed charges when due;
3. you become insolvent or make a composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction; or

14.2 MeWork may also terminate these Terms of Business or terminate any Service and/or your use of your Account provided we give you reasonable notice of our intention to do so.

14.3 If you have breached these Terms of Business, MeWork may take such action as it deems appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

1. issue of a warning to you;
2. immediate, temporary or permanent removal of any content submitted by you;
3. immediate, temporary or permanent withdrawal of your right to use any Service;
4. legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
5. disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

14.4 The responses described above are not limited, and MeWork may take any other action it deems appropriate.

14.5 You may also terminate your account at any time by emailing us at  info@mework.in and include “Delete Account” in the subject line.

14.6 Upon termination of these Terms of Business or Service or your Account, for any reason:

1. all rights granted to you under these Terms of Business will immediately cease;
2. you must promptly discontinue all use of the relevant Service; and
3. you must pay MeWork all outstanding amounts that you owe to MeWork.

 

15. Our liability

Subject to paragraph 17.1, in no event shall MeWork be liable to you for indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill, or other similar losses. In any event, any liability we do have for losses you suffer arising from these Terms of Business shall not exceed the charges payable by you for the relevant Service in that 12-month period and is strictly limited to losses that were reasonably foreseeable. To the extent that you have not paid us anything, we will have no responsibility to you whatsoever.

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms of Business that is caused by events outside our reasonable control.

MeWork may, from time to time, with or without prior notice, temporarily suspend the operation of the Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. In addition, due to the nature of the Internet and technology, the Service is unfortunately provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Business and, to the extent, we are able to do so, we exclude any commitments that may be implied by law.

Since MeWork itself is not a party to any agreements entered into between the Office Providers and Clients in connection with any Space, we will have no liability in respect of Space or Space Agreement, including:

1. any non-payment of any Space Fees or other charges payable by the Client to the Office Provider;
2. any damage to any Space caused by a Client or by any other person;
3. any losses suffered by a Client as a result of the unsuitability of, or any defect in, the Space.

Whilst we try to make sure that all information provided through the Service (other than any User Content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. In addition, as we do not own or produce any User Content or other third party content made available on our Service, we cannot be responsible for it in any way. You agree that your use of any content made available to you on the Service is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Except to the extent provided expressly herein, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Service and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Service or relying on any of its content.

We cannot and do not guarantee that any content of the Service will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.

16. Complaints, notice and takedown policy

Complaints about any User Content, or any other content available through the Service, must be sent to info@mework.in and must contain details of the specific User Content giving rise to the complaint.

Any person may contact us by sending us a notice (an “Infringement Notice”) if any of the User Content or other content available through the Service infringes their rights. The Infringement Notice should be sent by email to info@mework.in . Please provide the following information in the Infringement Notice:

1. 1. 1. your name and contact details;
      2. a statement explaining in sufficient detail why you consider that the content available through the Service infringes your rights or fails to comply with these Terms of Business; and
      3. a link to or such other means of identifying the problematic content.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice or complaint, and will aim to respond to you within a reasonable period of time on the action we propose to take.

17. External links

The Service may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

18. Changes to the Service

We may change and improve the format and content of the Service from time to time, to provide you with new and innovative features and services and to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Service.

In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“changes to the Service”). These changes to the Service may affect your past activities on the Service, features that you use, your User Content and any other information you submit to the Service (“Service Elements”). Any changes to the Service could involve your Service Elements being deleted or reset.

You agree that a key characteristic of the Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to any part of the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.

9. General

You may not transfer or assign any or all of your rights or obligations under these Terms of Business.

All notices given by you to MeWork must be given in writing to the address set out at the end of these Terms of Business. MeWork may give notice to you at either the email or postal address you provide to MeWork when registering on the Site.

If MeWork fail to enforce any of its rights, that does not result in a waiver of that right.

If any provision of these Terms of Business is found to be unenforceable, all other provisions shall remain unaffected.

These Terms of Business may not be varied except with MeWork express written consent.

These Terms of Business and any document expressly referred to in them represent the entire agreement between you and MeWork in relation to the subject matter of any agreement. MeWork is required by law to advise you that agreements may be concluded in the English language only and that no public filing requirements apply.

20. Contacting MeWork

Please submit any questions you have about these Terms of Business, or any complaint or concern in relation to any Service by email to info@mework.in