Welcome to E-merge Workspaces & Technologies Pvt. Ltd, a company incorporated under the Indian Companies Act, 1956, (“OfficingNow”) provides this website (the “Site”) to space/service seeker subject to these terms and conditions of use (“Terms” or “Agreement”). The Site is comprised of various web pages operated by E-merge Workspaces & Technologies Pvt. Ltd. By accessing, using, or by merely browsing the Site space/service seeker agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If space/service seeker does not agree with these Terms in their entirety, space/service seeker may not use the Site. Please read these terms carefully, and keep a copy of them for reference. The purpose of this website is to provide information regarding services available through OfficingNow. In these Terms, OfficingNow customers, hosts, vendors, partners, casual browsers of the Site and any person who gains access to this Site are referred to as “Users.” This Site is not intended to be used by children. OfficingNow does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If the person is under 18, he/she/it may use the Site only with permission of a parent or guardian. OfficingNow reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. The most current version of the Terms will supersede all previous versions. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and continued use of the Site after such time will constitute the acceptance of such changes or modifications. The Space/ Service Seeker should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to use of the Site. The Terms will always show the ‘last updated’ date at the top. If the space/service seeker does not agree to any amended Terms, space/service seeker must stop using the Site. If space/service seeker has any questions about the Terms, please email us at email@example.com.
Space/service seeker Account: If use of this Site, space/service seeker is responsible for maintaining the confidentiality of its account and password and for restricting access to the computer, and space/service seeker agree to accept responsibility for all activities that occur under its account or password. Space/service seeker may not assign or otherwise transfer its account to any other person or entity. Space/service seeker acknowledges that OfficingNow is not responsible for third party access to its account that results from theft or misappropriation of the account. OfficingNow and its associates, affiliates and partners reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Fees & Charges: OfficingNow reserves the right to charge Fees / service charges as it may be appropriate from the space seeker for providing any service. The Space seekers to avail any of the services on the website including but not limited to booking, accessing to third party payment site of the venues at no cost. The Space seeker shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services. Any changes in the schedule will be updated on the website and the visitor is expected to visit this section frequently to be aware of these changes. In case, there is a short charging by OfficingNow for services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by service seeker.
- Cancellation policy:
If for any reason, after booking confirmation has been provided, the Venue is not made available before or at the time of usage for reasons pertaining to Venue & Service provider or OfficingNow, and no alternate venue is provided, OfficingNow will process the refund and intimate the Space Seeker for the same, banking norms will be applicable.
If the Venue & Service provider allows cancellation of the booking as per its specific Terms & Conditions, it shall be the sole responsibility of the Service provider and the service seeker, Service Provider’s cancellation policy will prevail over OfficingNow’s policy and OfficingNow will have no responsibility on the execution of the same.
Early Check in, Delayed Check in, Postponement & Early Check out is subject to approval and consent by the Venue & Service provider which shall be as per the Space Provider’s policy on same.
Ownership, Copyright and Trademarks: In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement is called “Content.” Content provided by Users is called “User Content.” User Content remains the property of the User. OfficingNow‘s rights to User Content are limited to the limited licenses granted herein. Other than User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of OfficingNow or its licensors, and is protected by copyright and intellectual property laws of India, and all rights to the Site, the Content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OfficingNow. OfficingNow collects certain information and data during the normal operation of the Site. The information and data collected through the operation of the Site is the property of OfficingNow unless OfficingNow has agreed to collect information and data on behalf of a User or customer. Any agreement by OfficingNow to collect information and data on behalf of a User or customer must be memorialized in a Services Agreement. In the event of conflict or inconsistency between any of the provisions of this Agreement and the Services Agreement, the Services Agreement shall be given precedence. User Content is space/service seeker responsibility. OfficingNow has no responsibility or liability for User Content or for any loss or damage to the User Content may cause to space/service seeker or other people. Although OfficingNow has no obligation to do so, OfficingNow has the absolute discretion to remove any User Content posted or stored on the Site, and OfficingNow may do this at any time and for any reason. OfficingNow is solely responsible for maintaining copies of and replacing any User Content space/service seeker post or store on the Site.
OfficingNow Limited License of Content to Space/service seeker: OfficingNow grants space/service seeker a limited, revocable, non-exclusive, license to access and use the Site and to view, copy and print the portions of the Content available to space/service seeker on the Site strictly in accordance with these Terms. Such license is specifically conditioned upon the following: (i) space/service seeker warrant to OfficingNow that space/service seeker will not use the Site for any purpose that is unlawful or prohibited by these Terms; (ii) space/service seeker may only view, copy and print such portions of the Content for its own use; (iii) space/service seeker may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, or otherwise make derivative works of the Site or the Content, or reproduce, distribute, exploit or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iv) space/service seeker may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (v) space/service seeker may not use any data mining, robots or similar data gathering or extraction methods; (vi) space/service seeker may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; and (vii) space/service seeker may not use the Site or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and its account with OfficingNow. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OfficingNow or its suppliers or partners and protected by copyright and other laws that protect intellectual property and proprietary rights. Space/service seeker agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Use of the Site does not entitle space/service seeker to make any unauthorized use of any protected content, and in particular space/service seeker will not delete or alter any proprietary rights or attribution notices in any Content. Space/service seeker will use protected Content solely for its personal use, and will make no other use of the Content without the express written permission of OfficingNow and the copyright owner. Space/service seeker agrees that do not acquire any ownership rights in any protected Content. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license, express or implied, to intellectual property rights, whether by estoppels, implication or otherwise. The license in this Section is revocable by OfficingNow at any time. Space/service seeker represent and warrant that use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, space/service seeker may contact OfficingNow at the address identified at the bottom of these Terms.
Providing a Reliable and Secure Service: OfficingNow takes security seriously. OfficingNow strives to maintain a reliable and secure environment for the data. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, Internet service provider, and other service providers cannot be assured. When space/service seeker uses the Site, space/service seeker accepts these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Links to Third Party Sites: The Site may contain links to other third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). The Third-Party Sites are not under the control of OfficingNow and OfficingNow is not responsible for the contents of any Third-Party Site, including without limitation any link contained in a Third-Party Site, or any changes or updates to a Third-Party Site. OfficingNow does not make any claims or representations to any Third-Party Sites. OfficingNow is providing these links to space/service seeker only as a convenience, and the inclusion of any link does not imply endorsement, adoption or sponsorship of, or affiliation with OfficingNow of such Third-Party Site or Third-Party Content or any association with its operators. When space/service seeker leave the Site, OfficingNow’s Terms and policies are no longer applicable. Space/service seeker should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation space/service seeker feel necessary or appropriate before proceeding with any transaction with any third-party. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the OfficingNow.com domain, space/service seeker hereby acknowledge and consent that OfficingNow may share such information and data with any third party with whom OfficingNow has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s Users and customers.
Third Party Accounts: Space/service seeker will be able to connect to OfficingNow account to third party accounts. By connecting to the OfficingNow account to third party account, space/service seeker acknowledge and agree that space/service seeker are consenting to the continuous release of information about space/service seeker to others (in accordance with privacy settings on those third party sites). If space/service seeker does not want information about space/service seeker to be shared in this manner, do not use this feature.
Indemnification: avoid, bypass , remove, deactivate, impair, descramble, or otherwise circumvent any technological measure Space/service seeker agree to indemnify, defend and hold harmless OfficingNow, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of use of or inability to use the Site or services, any user postings made by space/service seeker, violation of any terms of this Agreement or violation of any rights of a third party, or violation of any applicable laws, rules or regulations. OfficingNow reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by space/service seeker, in which event space/service seeker will fully cooperate with OfficingNow in asserting any available defenses.
Limitation of Liability: Indemnity TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPACE/SERVICE SEEKER WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST OFFICINGNOW, ITS AFFILIATES OR SUBSIDIARIES, THEIR CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO USE OR PERFORMANCE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS SPACE/SERVICE SEEKER OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM USE OR OTHER EXPLOITATION OF THE SITE. SPACE/SERVICE SEEKER USE THE SITE AT OWN RISK. Without limitation of the foregoing, to the maximum extent permitted by law, neither OfficingNow nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from reliance on the Site or other information obtained from OfficingNow or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to OfficingNow or any other Released Party’s records, programs or Services. In no event shall the aggregate liability of OfficingNow, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, even if OfficingNow or any of its Suppliers or Partners has been advised of the possibility of damages, exceed any compensation paid by space/service seeker for access to or use of the Site during the three (3) months prior to the date of any claim. Nothing in these Terms shall limit OfficingNow’s liability in any claim for fraud or fraudulent misrepresentation. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to space/service seeker. If space/service seeker are dissatisfied with any portion of the Site, or with any of these Terms, sole and exclusive remedy is to discontinue using the Site.
- User Conduct:
Space/service seeker fully understand and recognize that OfficingNow is only a platform and an aggregator of business spaces and does not own or claim to provide the spaces or /and services in the spaces that space/service seeker may contract thru the site.
Space/service seeker understand that OfficingNow provides information on best effort basis as provided by the space providers. Space/service seeker agree not hold OfficingNow responsible or liable for any deficiency in service or violation of the contract by the space provider.
By selecting / evaluating / transacting on the site, space/service seeker undertake and confirm that space/service seeker have the absolute right to transact on this site.
Space/service seeker undertake and confirm that space/service seeker will use the premises for absolutely legal business and shall not do any illegal or prohibited activity, either by the law of the land or against the terms & conditions of the space provider.
Space/service seeker understand that space/service seeker may be called upon by the space provider to sign a contract and adhere to the rules & regulations applicable to their premises before space/service seeker take up the premises.
Space/service seeker understand that space/service seeker will leave the premises in the same condition as it was when space/service seeker took possession, save natural wear & tear. In event of any damage or misuse, space/service seeker undertake to take complete responsibility of making good the damage, irrespective of the security deposit space/service seeker may have paid.
Space/service seeker understand that use of the premises does not amount to tenancy but is a prepaid usage right with certain restrictions granted to space/service seeker by the space provider.
Space/service seeker understand that space/service seeker may be called upon to provide details of users / responsible contact persons in organization and provide their relevant identity and address documents for verification & compliance purposes.
Space/service seeker understand that if space/service seeker are conclusively found to be in contravention of any of the T & C, contract can be terminated at any time by giving space/service seeker the reason thereof.
Space/service seeker understand that the above T & C are indicative and can change without prior notice. Space/service seeker will be required to accept a formal online contract will be signed between space/service seeker & ON that will supersede these T & C.
Space/service seeker are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to use of the Site, Application, Services and Content. In connection with the use of our Site, Application and Services, space/service seeker 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 pings, 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 space/service seeker do not own or have permission to book as a workplace, office premises or other property (without limiting the foregoing, space/service seeker will not list Venues as a Venue Host if space/service seeker is 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; (not necessary here)
- register for more than one OfficingNow Account or register for an OfficingNow Account on behalf of an individual other than space/service seeker;
- 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; (not necessary here)
- impersonate any person or entity, or falsify or otherwise misrepresent space/service seeker or its 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 space/service seeker do not intend to honor; (not necessary here)
- 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 substance.
- 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 or 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
- Applicable Law and Venue:: Please Note that, this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than court trials, and also limits the remedies available to space/service seeker in the event of a dispute. The Site is controlled by OfficingNow and operated from its offices in Mumbai. Space/service seeker and OfficingNow both benefit from establishing a predictable legal environment in regard to the Site. Therefore, space/service seeker and OfficingNow explicitly agree that all disputes, claims or other matters arising from or relating to the use of the Site will be governed by the laws of the India. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator appointed by OfficingNow. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement; (3) claims that are currently the subject of purported class action litigation in which space/service seeker are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement. Space/service seeker consent to the personal jurisdiction of such courts over space/service seeker, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If space/service seeker choose to access the Site from locations other than Mumbai, Maharashtra, India, space/service seeker will be responsible for compliance with all local laws of such other jurisdiction and space/service seeker agree to indemnify OfficingNow and the other Released Parties for failure to comply with any such laws.
- Termination/Modification of License and Site Offerings:Notwithstanding any provision of these Terms, OfficingNow reserves the right, without notice and in its sole discretion, without any notice or liability to space/service seeker, to (a) terminate the license to use the Site, or any portion thereof; (b) block or prevent future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
- Miscellaneous: Space/service seeker agree that no joint venture, partnership, employment, or agency relationship exists between space/service seeker and OfficingNow as a result of this Agreement or use of the Site. OfficingNow performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of OfficingNow’s right to comply with governmental, court and law enforcement requests or requirements relating to use of the Site or information provided to or gathered by OfficingNow with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms. OfficingNow may assign any or all of its rights hereunder to any party without consent. Space/service seeker are not permitted to assign any of rights or obligations hereunder without the prior written consent of OfficingNow, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between space/service seeker and OfficingNow regarding use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between space/service seeker and OfficingNow regarding use of the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
Questions and Comments: If you have any questions regarding these Terms or your use of the Site, please contact us at firstname.lastname@example.org