Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. E-merge Workspaces & Technologies Pvt. Ltd a company incorporated under the Indian Companies Act, 1956, having business of   providing an online platform that connects Venue Hosts (defined below) who have Venues (defined below) to book with Customers seeking to book such Venues (collectively, the “Services”), which Services are accessible at https://www.officingnow.com (hereafter referred to as OfficingNow) and any other websites through which OfficingNow makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). “OfficingNow” and you as “Venue host”, “Customer” together and collectively for the purpose of this Agreement shall be referred to as “Parties” and individually as “Party”.

  1. You as Venue Host, by using the Site and Application, you accept and agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and OfficingNow
  2. Please carefully read these Terms and our Privacy policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, then you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
  3. If you use the Services on behalf of a company or other organization, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You agree to respond promptly and completely to requests from OfficingNow for additional information that OfficingNow deems necessary to determine your authority to act on behalf of a company or organization. OfficingNow may suspend or terminate your access to the Services and your account if OfficingNow has reason to believe that you are not authorized to act on behalf of a company or organization for which you claim to be acting in connection with the Services.
  4. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and conditions posted for a specific area of the Site, Application, Services or Collective Content; then the and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Collective Content.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUE HOSTS MAY CREATE LISTINGS (DEFINED BELOW) FOR VENUES AND CUSTOMERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH VENUES. YOU UNDERSTAND AND AGREE THAT OFFICINGNOW IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUE HOSTS AND CUSTOMERS, NOR IS OFFICINGNOW A REAL ESTATE BROKER, AGENT OR INSURER. OFFICINGNOW HAS NO CONTROL OVER THE CONDUCT OF VENUE HOSTS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VENUES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT

Key Terms and Definitions

  • “Booking Request” means all spaces that are not instantly bookable and will be submitted to the Venue Host for review before being confirmed.
  • “Booking Request Period” means the time period starting from the time when a Booking Request is made by a Customer (as determined by OfficingNow in its sole discretion), within which a Venue Host may decide whether to confirm or reject that Booking Request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places. “Collective Content” means the Site and Application entire content, features, and functionality including, but not limited to all Content, Member Content and OfficingNow “
  • Content” means text, graphics, images, software (excluding the Application), audio, video, information or other materials.
  • “Customer” means a Member who instantly books or requests a booking of a Venue via the Site, Application or Services, or a Member who book a Venue and is not the Venue Host for such Venue.
  • “Promotional Discount” means promotions issued by OfficingNow that may be applicable to all Venues or to a subset of Venues at the sole discretion of OfficingNow. When calculating the amount payable to the Venue Owner for the Payment Period, OfficingNow will add back the full value of the discount to the amount due to the Venue Owner for each booking transaction where an OfficingNow discount is redeemed.
  • “Venue Administrator” means, manager, client service personnel, or reception personnel of a Venue who creates a marketplace listing via the Site, Application and Services on behalf of a Venue Owner.
  • “Customer Identification” means the document to confirm the identification of individual/s, body of Individuals, Corporate, of the customer, it is mandatory to all customer to provide its individual identification proof by uploading the scan document on the web site. OfficingNow and the venue host at its sole discretion have right to reject customer booking request on the ground of Identification., identification documents means and includes customer Permanent Account Number (PAN card), Aadhar Card, Passport, Voter id card, Incorporation certificate etc.
  • “Listing” means a Venue that is open and visible to the general public and that listed by a Venue Host as available for booking via the Site, Application, and Services.
  • ”User” means a person who completes OfficingNow’s account registration process, including Venue Hosts and Customers, as described under “Account Registration” below.
  • “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
  • “Member” means a person who completes the OfficingNow account registration process and accepts a membership invitation from a Venue Host Member – Guest: Space seeker who registers Member – Venue Host: Space Provider who registers. Active Member – Guest: Having transactions involving exchange of consideration. Active Member – Venue Host: Having transactions involving exchange of consideration. “Active Member” is a member who is actively enrolled in a plan of OfficingNow.
  • “Plan” a membership and access offered by web site to individuals who use their space. Plans can be paid or free, and include access permissions, and other features.
  • Purpose means disclosure of its intentions to book the venue, service provider reserve its right to book the place based on the purpose provided by the customer. Administrator has provided the prelisted drop down list of purpose for booking the venue.
  • “Network” is a collection of Venues where the Venue Hosts have agreed that a Member authorized to book at one of the Venues is authorized to book at any of the Venues in the Venue Network. “Payment Period”means the period of time starting the first day of every month and ending the last day of every month.
  • “Published” means when the Venue Host has completed the listing process and the Venue has been reviewed and verified by OfficingNow and published LIVE on the OfficingNow marketplace to be advertised for bookings.
  • “Service Fees” refers to the OfficingNow Fees/Charges, and any other fees or charges outlined in these terms.
  • “OfficingNow Content”means all Content that OfficingNow makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Site” means https://www.officingnow.com and all domains owned by the company.
  • “Tax” or “Taxes” mean any service tax; value added taxes (VAT/CST), and other similar tax imposed by any municipal, state or central, whether direct or indirect, including withholding and personal or corporate income taxes. “Venue” means the specific location listed in a Listing by a Venue Host.
  • “Venue Chain” is a venue chain where all the Venues are owned by the same Venue Owner and where a Venue Member at one of the Venues in the Venue Chain is considered a Venue Member at all the Venues in the Venue Chain for purposes of calculating Service Fees.
  • “Venue Discounts” are Coupons issued by OfficingNow at the request of a Venue Owner. Venue Discounts may be applicable to all or a subset of the Venues registered by the Venue Owner. When calculating the Service Fee, OfficingNow will reduce the total fees used as the basis for the Service Fee by the value of the discount for the Venue Discount. Offered by Venue host – chargeable value remains undiscounted value for purposes of charges of OfficingNow)
  • “Coupons” are discounts off of booking fees and services that are applied at the time a Member makes a booking, offered by the Venue. The Coupon reduces the amount of booking fees or services collected from the Member by OfficingNow by the value of the discount. Offered by OfficingNow– chargeable value for calculating fees/charges is venue value net of discounts offered by OfficingNow 
  • “Venue Administrator” means a Member who manages a Listing via the Site or Application on behalf of a Venue Owner. The Venue Administrator roles include manager, client service, and receptionist associated with any particular Venue and assigned by the Venue Owner. Venues will, at all times have at least one Venue Owner, which has full access and permissions to perform management functions, adjust settings and preferences, manage roles, manage funds and payments, sign up for services, and perform other key functions that the OfficingNow products offer.
  • “Venue manager”: One who physically manages the venue at the time of guest occupying the space. If not declared, Venue Administrator will be considered as Venue manager & if both Venue Administrator or / and the Venue Manager have not been declared or are not present, Venue Owner will be considered as the Venue Manager.
  • “Venue Owner” means the individual responsible for listing the Venue and who assigns the role of Venue Administrators. The Venue Owner decides the range of roles, and permissions that the Venue Administrator will be able to perform on the OfficingNow platform and an application. Official email & phone number for communication of all information, including booking requests, alerts, and accounting & legal related information. Up to 2 different email ids and SMS numbers can be assigned – 1 for booking & venue use related communications and other for accounting and compliance related communications. This detail can be changed by accessing the home page of your venue profile.
  • “Venue Host” means the Venue Administrator and/or the Venue Owner. Short Term Booking: Where the use of space happens on per hour or per day basis. Long Term Booking: Where use of space happens on per month or greater basis.
Terms and Conditions
  1. How the Site, Application and Services Work:
    • The Site, Application and Services can be used to facilitate the listing and booking of business venues and other properties (“Venues”). Such Venues are included in Listings on the Site, Application and Services by Venue Hosts.
    • Customer may view whole or part of the listings as an unregistered visitor to the Site, Application and Services; however, if customer wishes to book a Venue or create a Listing, then the customer must first register to create an OfficingNow Account (defined below).
    • The site may contain content, blogs and links to other sites / content those contain relevant information on all aspects of officing that would be considered useful to both venue hosts and guests.
    • OfficingNow makes available a platform or marketplace with related technology for Customers to book work and meeting spaces in Venues listed by OfficingNow.
    • OfficingNow is not an owner or operator of properties, including Venues, nor is it a provider of properties, including Venues, and OfficingNow does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including Venues, or any transportation or travel services. OfficingNow’s responsibilities are limited to:
      • Facilitating the availability of the Site, Application and Services and
      • Serving as the limited agent of each Venue Host for the purpose of accepting payments from Customers on behalf of the Venue Host. THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF VENUES. OFFICINGNOW CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY VENUES. OFFICINGNOW IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VENUES. ANY BOOKINGS MADE ARE AT THE CUSTOMER’S OWN RISK. FURTHER OFFICINGNOW ALSO NOT RESPONSIBLE FOR ANY FUTURE RELATION, TRANSACTION AND/OR LIABILITY ARISES FROM THE CONTRACT BETWEEN THE VENUE HOST AND THE CUSTOMER.
  1. Account Registration:
    • In order to access certain features of the Site and Application, and to create a Listing, you must register to create an account (“OfficingNow Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
    • We will create your OfficingNow Account and your OfficingNow Account profile page for your use of the Site and Application based upon the personal and venue information you provide to us. You may not have more than one active OfficingNow, all the venues that you may wish to list should be under a single account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OfficingNow reserves the right to suspend or terminate your OfficingNow Account and your access to the Site, Application and Services if you create more than one OfficingNow Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
    • You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OfficingNow Account, whether or not you have authorized such activities or actions. You will immediately notify OfficingNow of any unauthorized use of your OfficingNow.
    • You take complete and absolute responsibility and liability of ensuring that at all times, you have necessary permissions and licenses and are compliant to all governmental rules governing such use of your premises.
  2. Venue Listings for Members: 
    • As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Venue to be listed, such as the location, capacity, size, available workstations, availability of the Venue and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Venues must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Venue via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Venue, the price for such booking may not be altered.
    • By creating a Listing you represent and warrant you have sufficient rights in and to the Venue to participate in the Service as a Venue Owner, and your participation in the Service as a Venue Owner will not violate or result in the breach of any agreement between you and any third party, including any lease agreement, leave & License Agreement or other agreement relating to the Venue and that any Venue you offer for bookings hereunder is
      • free of any known conditions or defects that would pose a hazard to or risk the safety of any Member or Guest using the venue;
      • clean and ready to use at the start of each booking period; (iii) in a safe condition and in compliance with law and any applicable building requirements;
      • does not violate any lease or other agreements relating to Venue or any building policies, and you are solely responsible for and shall indemnify OfficingNow against any fines, losses or other liability arising from such violations; (v) the Venue will be available to the Member at the time specified time agreed to between you and the Member.
    • You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you further represent and warrant that any Listing you post and the booking of, or Customer booking of, a Venue in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Venue included in a Listing you post, including laws governing bookings of business offices and other properties, and (b) not conflict with the rights of third parties. Please note that OfficingNow assumes no responsibility for a Venue Host’s compliance with any applicable laws, rules and regulations. OfficingNow reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that OfficingNow, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. OfficingNow further reserves the right to claim for damages that may be attributable directly to the violation of any of the above conditions by the Venue Host.
    • You understand and agree that OfficingNow does not act as an insurer or as a contracting agent for you as a Venue Host. If a Customer requests a booking of Venue and attends at your Venue, any agreement you enter into with such Customer is between you and the Customer and OfficingNow is not a party thereto. Notwithstanding the foregoing, OfficingNow serves as the limited authorized agent of the Venue Host for the purpose of accepting payments from Customers on behalf of the Venue Host and is responsible for transmitting such payments to the Venue Host. Each Venue Host is responsible for determining applicable Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings (see additional information under “Taxes” below).
    • You acknowledge and agree that, as a Venue Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the Venue at your request or invitation, excluding the Customer (and the individuals the Customer invites to the Venue, if applicable). 3.6. OfficingNow recommends that Venue Owners obtain appropriate insurance for their Venues. Please review any insurance policy that you may have for your Venue carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Venue, if applicable) while at your Venue.
  3. Booking Requests:
    • When you, as a Venue Host, complete your Listing by submitting all the required Listing information, it will not appear as LIVE on the Site until it has been reviewed and verified by OfficingNow. During the review process, you may be contacted by OfficingNow and requested to submit additional information or complete additional steps in order for your listing to be listed. OFFICINGNOW RESERVES THE RIGHTS TO ACCEPT OR DECLINE VENUE LISTINGS AT ITS OWN DISCRETION.
    • When you finalize a Listing and the Listing has been reviewed and accepted by OfficingNow and the Venue appears LIVE on the site, your Venue spaces will be, by default, available through the “Booking Request” mode to prospective customers. Using this system OfficingNow will enable you to review a Booking before it is confirmed. The Booking Request system is a tool OfficingNow makes available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Venue. OfficingNow allows the Venue Host the facility of choosing different booking options for different types of the venues listed by them.
    • In the ”Booking request” system, you may choose to include certain requirements that must be met by the Members who are eligible to request a booking of your Venue, including requiring Members to have a profile picture or verified phone number, in order to book your Venue. Any Member wishing to book Venues included in Listings with such requirements must meet these requirements.
  4. No Endorsement:
    • OfficingNow does not warrant the accuracy, completeness or usefulness of information on the Site or Application. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. OfficingNow does not endorse any Members or any Venues. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We are not responsible for any damage or harm resulting from your interactions with other Members. 5.2. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from OfficingNow with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation does not apply to any claim by a Venue Host against OfficingNow regarding the remittance of payments received from a Customer by OfficingNow on behalf of a Venue Host, which is governed by the limitations in the section below entitled “Limitation of Liability”.
  5. Bookings and Financial Terms for Venue Hosts
    • Booking requests: as Venue Host, booking is requested for your Venue via the Site, Application and Services, you must either confirm or reject the booking within 24 hours for Long Term bookings or 5 hours or 2 hours before the commencement of contract, whichever is earlier for Short Term bookings of when the booking is requested (as determined by OfficingNow in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application or Services, we will share with you on your official email and SMS provided for this purpose. (i) the first name of the Customer who has requested the booking, (ii) a link to the Customer’s OfficingNow Account profile page, (iii) the names of any accounts, (iv) an indication that the name that the Customer provided to OfficingNow, (v) an indication of whether the customer has verified their email and phone number and any social accounts via 3rd  party applications so that you can view such information before confirming or rejecting the booking and (vi) any other information that OfficingNow may deem necessary to provide you with to help you take a decision on accepting or rejecting a request. If you are unable to confirm or decide to reject a booking of a Venue within such 24 hour period or as defined above, any amounts collected by OfficingNow for the requested booking will be refunded to the applicable Customer’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Customer, OfficingNow will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
    • Fees, Charges, and Payment:The fees displayed in each Listing are comprised of the Venue Fees (defined below). Where applicable, Taxes may be charged in addition to the Venue Fees. The Venue Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to a Venue Owner’s Venue are the “Venue Fees”. OfficingNow collects a 30 % of contract value for short term booking and 20 % of contract value for long term bookings fees/charges from Venue Hosts for all bookings of Public Venues to an OfficingNow Lead (“OfficingNow fees/Charges”). OfficingNow deducts the OfficingNow fees/Charges from the Total Fees collected prior to making any payment to the Venue Host. Once the OfficingNow fees/Charges has been deducted from the Total Fees, OfficingNow will initiate payment of the remaining balance, plus any applicable taxes to the Venue Host (the “Amount Due”). OfficingNow will collect the Total Fees at the time of booking confirmation (i.e. when the Venue Host confirms the booking within 24 hours of the booking request) and will remit payment of the amount due to the Venue Host on 10thof every month for the business transacted in the previous calendar month. OfficingNow may withhold certain amounts in case of dispute or claim raised by the customer availing services of venue host not being as per promised, till such time the matter is suitably resolved between the two parties, directly or through intermediation by OfficingNow. There will be no OfficingNow fees/Charges for booking transactions billed directly by the Venue or for Bookings cancelled and refunded under the terms of the Cancellation Policy. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE OFFICINGNOW FEES/CHARGES IS NON-REFUNDABLE. OFFICINGNOW RESERVES THE RIGHT TO CHANGE THE OFFICINGNOW FEES/CHARGES AND THE SETTLEMENT DATE FROM TIME TO TIME BY PROVIDING REASONABLE NOTICE.
    • In case the fees/charges amount exceeds the initial payment to be collected from the customer on behalf of the venue host, OfficingNow reserves the right to increase the amount of initial payment to be received from the customer to the level it equals or reasonably exceeds the fees/charges amount. Alternately, OfficingNow can invoice the Venue Owner for the excess fees/charges amount the Venue Owner shall pay such amounts within 30 days after invoicing or alternately authorize it to be collected from future payments.
    • OfficingNow will remit the Amount Due to Venue Hosts via online banking either NEFT/ RTGS Mode. If the Amount Due to a Venue Owner for a Payment Period is less than the equivalent of ₹500/-, then the Amount Due will carry over to the next Payment Period. If the Amount Due for a Payment Period is greater than or equal to the equivalent of ₹ 500/-, then OfficingNow will pay the Venue the Amount Due on the settlement date.
    • Security Deposit (SD):Upon written request of Venue Host for collecting Security deposit, OfficingNow will, on behalf of Venue Host, also collect / block from Credit Card limit the required SD from the Client along with initial payment. For Short Term bookings or where the use of the Venue ends prior to the settlement date, OfficingNow will return the SD to the customer within 7 (seven) days of completion of the contract unless otherwise asked by Venue Host to withhold or adjust from the SD amount to compensate for any contractual breach that may have been caused by the customer. The onus will be on the Venue host to settle the SD within a total of 15 (fifteen) days of their claim being raised on same failing which OfficingNow will refund the held SD amount to the customer. OfficingNow will have no role in the settlement of the SD amount unless specifically asked for in writing by both parties. In case of Long term bookings, the SD would be passed on to the Venue Host on the settlement date along with total amount due and the responsibility of returning or settling the same with the customer will be of Venue Host.
  6. Venues Listings Fees:
    • OfficingNow reserves the right to charge reasonable listing fees to enable you to list your venues on OfficingNow. As of now the listing is being offered Free of cost and any change will be implemented by providing reasonable notice period.
    • OfficingNow reserves the right to withhold payment to your account any amounts otherwise due to us under the Terms of Use, or any amounts due as a result of a breach of these Terms of Use by you, pending OfficingNow’s reasonable investigation of such breach. In addition, OfficingNow may withhold or deduct from amounts to be paid to a Venue Owner in connection with these Terms of Use any charges or fees that are disputed or otherwise not paid by a Member or a credit card company or other payment provider, and OfficingNow may charge you (and you shall pay) any such amounts in the event that OfficingNow has already paid such amounts to you.
    • Withholdings and Taxes:OfficingNow reserves the right to withhold payment to your account any amounts otherwise due to us under the Terms, or any amounts due as a result of a breach of these Terms by you, pending OfficingNow‘s reasonable investigation of such breach. In addition, OfficingNow may withhold or deduct from amounts to be paid to a Venue Owner in connection with these Terms any charges or fees that are disputed or otherwise not paid by a Member or a credit card company or other payment provider, and OfficingNow may charge you (and you shall pay) any such amounts in the event that OfficingNow has already paid such amounts to you.
    • You agree to pay all applicable taxes or charges imposed by state/ central government in connection with your use or OfficingNow‘s supply of the Service. Specifically, you are responsible for any sales or value-added taxes or charges imposed by government in connection with your use or OfficingNow‘s supply of the Service. Where such taxes apply, you may choose to provide sales or value-added tax information to OfficingNow, and, if you provide such information, OfficingNow will calculate and add the specified sales or value-added tax to the listed booking fees and will collect the specified sales or value-added tax along with the Fees Collected (the “Calculated Sales Tax”). Following such collection, OfficingNow will report and remit the Calculated Sales Tax to the applicable Venue Owner when paying the Amount Due. Services Charges will not apply to Calculated Sales Tax. To discuss! Need to retain right to pay on behalf of Venue host should tax / compliance authorities require us to remit taxes on venue host behalf.
    • To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information, and you shall keep complete and accurate records regarding Venue usage and payment by Members. OfficingNow may audit such records upon reasonable notice to confirm proper payment hereunder and otherwise confirm compliance with these Terms. If OfficingNow believes that it is obligated to obtain tax information and you do not provide this information after being requested to do so, OfficingNow may withhold your payments until you provide this information or confirm in a manner that is satisfactory to OfficingNow that you are not a person or entity from whom OfficingNow is required to obtain tax information. Any bank fees arising from any error or omission in your payment information or contact information may be deducted from your payments. If you dispute any payment made hereunder, you must notify OfficingNow in writing within 30 days of any such payment; failure to so notify OfficingNow shall result in the waiver by you of any claim relating to any such disputed payment.
  7. Appointment of OfficingNow as Payment Agent for Venue Host:
    • Each Venue Host hereby appoints OfficingNow as the Venue Host’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Venue Host. Each Venue Host agrees that payment made by a Customer to OfficingNow shall be considered the same as a payment made directly to the Venue Host and the Venue Host will make the Venue available to Customer in the agreed upon manner as if the Venue Host has received the Venue Fees. Each Venue Host agrees that OfficingNow may, in accordance with the cancellation policy selected by the Venue Host and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Venue Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Venue Host, OfficingNow assumes no liability for any acts or omissions of the Venue Host. Please note that OfficingNow does not currently charge fees for the creation of Listings. However, you acknowledge and agree that OfficingNow reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that OfficingNow will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature. The cancellation policy is as defined by the Venue host and OfficingNow carries out the Venue Host’s mandate to implement the same.
  8. Venue Host Cancellations:
    • If, as a Venue Host, you cancel a confirmed booking, OfficingNow may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, (iii) imposing a cancellation fee to be withheld from your future payouts (you will be notified of the situations in which a cancellation fee applies before you decide to cancel), or (iv) removing the listed space or venue for a period of time, or entirely banning the venue from using the OfficingNow platform or services.
    • Reviews & Ratings:OfficingNow allows for independent and unbiased reviews & ratings of the Venues by the users after they have used a venue. The criteria for ratings and reviews are selected after due diligence in the most professional manner. OfficingNow has no control on these ratings and reviews posted by users and take no liability of what comments get posted and ratings and rankings given. The venue host absolves OfficingNow of any liability or loss of business that may occur due to them getting adverse ratings from the venue users.
  9. Cancellation Disputes:
    • If a dispute arises concerning a cancellation and/or a refund, the parties shall first attempt in good faith to resolve such dispute by negotiation and consultation between themselves. In the event that such dispute is not resolved on an informal basis, either party may, by written notice to OfficingNow within 24 hours of the Booking start time (“Dispute Notice”), refer such dispute to OfficingNow for mediation. After a Dispute Notice has been provided to OfficingNow, the parties agree that any decision made by OfficingNow concerning the dispute will be final and binding. In certain circumstances, OfficingNow may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application or Services. OfficingNow may also determine, in its sole discretion, to refund to the Client for part or all of the amounts charged to the Client in accordance with the Client Refund Policy. You agree that OfficingNow and the relevant Client will not have any liability for such cancellations or refunds.
  10. Taxes: You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisor’s. OfficingNow cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, each Venue Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Venue Host, OfficingNow may issue a valid Tax invoice to such Venue Host.
  11. User Conduct:
    • As a space provider agreeing to list on OfficingNow, you confirm that you have the absolute right by yourself or on behalf of the organisation you represent to transact on this site.
    • You confirm that you have the legal and regulatory rights to use your premises for the purpose of providing limited usage rights on commercial basis to third parties on short term basis.
    • You understand that OfficingNow provides the service of listing your premises on its website and this can be accessed by space seekers for the purpose of searching and evaluating for their short term usage purposes. You understand that OfficingNow does not confirm any kind of assured revenue of traffic to you.
    • You understand that OfficingNow provides you limited information about the intending guests on a best effort basis and does not claim any authenticity of the information so provided. You undertake to do your own verification and take complete responsibility of your decision to permit usage of your premises to such guests.
    • You agree to provide access to OfficingNow representatives to inspect the premises that you intend to put up for sharing. You further agree to provide information sought to validate your claims and confirm your right to use your venue for the intended purpose.
    • You confirm that your venue / premises are fully compliant to all local safety, regulatory and statutory requirements that would be applicable and take full responsibility for the same.
    • You understand that use of the premises does not amount to tenancy but is a prepaid usage right with certain restrictions granted by you to the space seeker.
    • OfficingNow advices you to upload your own commercial contract and T & C. You understand and agree that OfficingNow may ask for modification in them for business reasons.
    • You understand and agree that OfficingNow will make your venue specific contract and T & C known to potential seekers on a best effort basis. You undertake to take complete responsibility of implementation of the terms of contract and other T&C between yourself and your guest.
    • You understand that the pricing of the space & services is totally your right and you take complete responsibility to ensure fairness and accuracy of pricing and details you upload on the website.
    • You understand and accept that OfficingNow can reject your request for listing without providing any reason and even remove your listed information, without providing any notice, if it is found that information uploaded was incorrect / misleading or contravening the law of the land.
    • You understand that the above T & C are indicative and can change without prior notice. You will be required to accept a formal online contract will be signed between you & OfficingNow that will supersede these T & C. (Incorporated from previous file)
You are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you will not:
  • Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
  • Use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • Copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
  • Infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood ping’s, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • Use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to advertising commercial workspaces.
  • “stalk” or harass any other user of our Site, Application or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an OfficingNow Customer or Venue Host;
  • offer, as a Venue Host, any Venues that you do not yourself own or have permission to book as a workplace, office premises or other property (without limiting the foregoing, you will not list Venues as a Venue Host if you are serving in the capacity of a booking agent or listing agent for a third party);
  • offer, as a Venue Host, any Venue that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including a property booking agreement;
  • register for more than one OfficingNow Account or register for an OfficingNow Account on behalf of an individual other than yourself;
  • Contact a Customer for any purpose other than asking a question related to a booking or such Customer’s use of the Site, Application and Services; 12.14. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Use automated scripts to collect information or otherwise interact with the Site, Application or Services;
  • use the Site, Application and Services to find a Venue Host or Customer and then complete a booking of a Venue transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to OfficingNow’s provision of the Services;
  • as a Venue Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Application or any individual element within the Site, Services or Application, OfficingNow’s name, any OfficingNow trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OfficingNow’s express written consent;
  • Access, tamper with, or use non-public areas of the Site or Application, OfficingNow’s computer systems, or the technical delivery systems of OfficingNow’s providers;
  • Attempt to probe, scan or test the vulnerability of any OfficingNow system, network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OfficingNow or any of OfficingNow’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
  1. Modification: 
    • OfficingNow reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, then your only recourse is to cease using the Site, Application and Services.
  2. Eligibility:
    • The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
  3. Privacy, Accessing the Site and Account Security:
    • See OfficingNow’s Privacy Policy for information and notices concerning OfficingNow’s collection and use of your personal information. Our Privacy Policy is incorporated by reference into these Terms.
    • OfficingNow reserves the right to withdraw or amend this Site, and any service or material OfficingNow provide on the Site, in our sole discretion without notice. OfficingNow will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, OfficingNow may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for:
      • Making all arrangements necessary for you to have access to the Site.
      • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
    • To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy and you consent to all actions OfficingNow take with respect to your information consistent with our Privacy Policy.
    • If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 15.5. OfficingNow have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
  4. Ownership:
    • The Site, Application, Services and Collective Content are owned by (E-merge Workspaces & Technologies Pvt. Ltd its licensor’s or other providers of such material and are protected by Indian copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
    • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files that are automatically cached by your Web browser for display enhancement purposes.
      • You may print or download one copy of a reasonable number of pages of the Site for your use in connection with the Services.
      • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
      • If we provide social media features with certain content, you make take such actions as are enabled by such features.
  1. Trademarks: The term OfficingNow, the OfficingNow logo, and all related names, logos, product and service names, designs and slogans are trademarks of OfficingNow or its affiliates or licensor’s. You must not use such marks without the prior written permission of OfficingNow. All other names, logos, product and service names, designs and slogans on the Site, Application and Service are the trademarks of their respective owners. Any use of the trade mark, logos, products and service name, design by the Venue host is subject to strictly with prior written approval/ permission of OfficingNow. Further, OfficingNow has right to us the trade mark, logos name of the Venue host for its marketing and promotional activities, Venue host shall provide non-exclusive and limited right to use its trade mark, logos and name subject to prior approval to use of the same.
  2. Application License: Subject to your compliance with these Terms, OfficingNow grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. OfficingNow reserves all rights in the Application not expressly granted to you by these Terms.
  3. OfficingNow Content and Member Content License:Subject to your compliance with the terms and conditions of these Terms, OfficingNow grants you a limited, non-exclusive, non-transferable license to (i) access and view any OfficingNow Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OfficingNow or its licensor’s, except for the licenses and rights expressly granted in these Terms.
  4. Member Content:
    • We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to OfficingNow a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. OfficingNow does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
    • You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to OfficingNow the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or OfficingNow’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  5. Links: The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that OfficingNow is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OfficingNow of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
  6. Proprietary Rights Notices: All trademarks, service marks, logos, trade names and any other proprietary designations of OfficingNow used herein are trademarks or registered trademarks of OfficingNow. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  7. Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at contactus@officingnow.comor through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of OfficingNow and you hereby irrevocably assign to OfficingNow and agree to irrevocably assign to OfficingNow all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At OfficingNow’s request and expense, you will execute documents and take such further acts as OfficingNow may reasonably request to assist OfficingNow to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
  8. Copyright Policy: OfficingNow respects copyright law and expects its users to do the same. It is OfficingNow’s policy to terminate in appropriate circumstances the OfficingNow Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders
  9. Suspension, Termination and OfficingNow Account Cancellation:We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your OfficingNow If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your OfficingNow Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your OfficingNow Account, your Member Content, or receive assistance from OfficingNow customer service, (b) any pending or accepted future bookings as either Venue Host or Client will be immediately terminated, (c) we may communicate to your Clients or Venue Administrators or Venue Owners that a potential or confirmed booking has been cancelled, (d) we may refund your Clients in full for any and all confirmed Bookings, irrespective of pre-existing cancellation policies, (e) we may contact your Clients to inform them about potential alternate accommodations with other Venue Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for Bookings or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your OfficingNow You may cancel your OfficingNow Account at any time via the “Cancel Account” feature of the Services or by sending an email to contactus@officingnow.com. Please note that if your OfficingNow Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback
    • Monitoring and Enforcement: OfficingNow have the right to:
      • Remove or refuse to post or reject any Listing or Venue for any or no reason in our sole discretion.
      • Take any action with respect to any Listing that we deem necessary or appropriate in our sole discretion, including if we believe that such Listing violates the Terms of Use, threatens the personal safety of Members or users of the Site or the public or could create liability for OfficingNow.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, Application or Services.
      • Terminate or suspend your access to all or part of the Site, Application or Services for any or no reason any violation of these Terms.
      • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site, Application or Services. YOU WAIVE AND HOLD HARMLESS OFFICINGNOW FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OFFICINGNOW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY OFFICINGNOW OR LAW ENFORCEMENT AUTHORITIES.
      • We do not undertake to review all Listings before it is posted on the Site, Application or Services, and cannot ensure prompt removal of objectionable Listings after they have been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
  1. Disclaimers: IF YOU CHOOSE TO USE THE SITE, APPLICATION OR SERVICES, THEN YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OFFICINGNOW DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING CUSTOMERS AND VENUE HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OFFICINGNOW EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OFFICINGNOW MAKES NO WARRANTY OR GIVES ANY REPRESENTATION OR CONDITION THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING THE LISTINGS OR ANY VENUES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. OFFICINGNOW MAKES NO REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY OF ANY LISTINGS, VENUES, YOUR ACCRUAL OF OFFICINGNOW TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES. 26.1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OFFICINGNOW OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN. 26.2. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING ANY VENUE HOSTS OR CUSTOMERS. YOU UNDERSTAND THAT OFFICINGNOW DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VENUES. OFFICINGNOW MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING CUSTOMERS AND VENUE HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OFFICINGNOW. NOTWITHSTANDING OFFICINGNOW’S APPOINTMENT AS THE LIMITED AGENT OF THE VENUE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE VENUE HOSTS, OFFICINGNOW EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.
  2. Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY VENUES VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OFFICINGNOW WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OFFICINGNOW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES,OR FROM YOUR LISTING OR BOOKING OF ANY VENUE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OFFICINGNOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE VENUE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE OFFICINGNOW VENUE HOST GUARANTEE, IN NO EVENT WILL OFFICINGNOW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING FROM YOUR LISTING OR BOOKING OF ANY VENUE USING THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY VENUE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A VENUE HOST, THE AMOUNTS PAID BY OFFICINGNOW TO YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR US$100, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OFFICINGNOW AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  3. Indemnification: You agree to release, defend, indemnify, and hold harmless OfficingNow and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Venue, (iii) creation of a Listing or (iv) the use, condition or booking of a Venue by you, including any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Venue.
  4. Reporting Misconduct: If you stay with or Venue Host anyone who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to OfficingNow by contacting us with your police station and report number at contactus@officingnow.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
  5. Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between OfficingNow and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Venues made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OfficingNow and you regarding bookings or listings of Venues, the Site, Application, Services, and Collective Content.
  6. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without OfficingNow’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OfficingNow may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  7. Notices:Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by OfficingNow (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  8. Controlling Law and Jurisdiction: These Terms will be interpreted in accordance with the laws of India, without regard to conflict-of-law provisions. You and OfficingNow agree to submit to the personal jurisdiction of a court located in Mumbai, Maharashtra, India for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, as set forth in the Dispute Resolution provision below in these Terms.
  9. Dispute Resolution: You and OfficingNow agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled exclusively by binding arbitration by a single arbitrator appointed by OfficingNow, except that each party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The location of the arbitration will be at Mumbai, Maharashtra. The arbitration will be governed by the Indian Arbitration and Conciliation Act 1956.
  10. General: The failure of OfficingNow to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OfficingNow. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
  11. Contacting OfficingNow: If you have any questions about these Terms or any App Store Sourced Application, please contact OfficingNow at contactus@officingnow.com.