The Service comprises an online platform through which Providers (defined below) may create listings for Spaces (defined below), and Users (defined below) may learn about and book Spaces directly with the Providers or book and manage User owned Spaces, and through which we may act as limited payment collection agent for bookings of Spaces. You understand and agree that Worksimply is not a party to any agreements entered into between Providers and Users, nor is Worksimply a real estate agent, broker, brokerage, property manager, guarantor or insurer, and Worksimply disclaims any and all responsibility or liability arising from such agreements entered into between Providers and Users.
Accounts and Credits
If you are a Provider, in order to offer for booking or otherwise make available your workspace (a “Space”) through the Service, you must register for an account. If you are a User, you and those of your respective officers, directors, employees, members, agents, and representatives (as applicable) who wish to use a Space must register for an account as well.
As a User, you will have the opportunity to allocate any number of credits (“Credits”) to one or more of your officers, directors, employees, members, agents, and representatives (as applicable) who has registered for an account. Once allocated, the Credits cannot be reduced, but you will be able to allocate additional Credits to any of such officers, directors, employees, members, agents, and representatives (as applicable) at any time during the month. The Credits can be used to book Spaces, and the number of Credits required to book a particular Space will be set out in the Provider’s terms and conditions of booking such Space. Once a Credit is used to book a Space (subject to cancellation within 48 hours’ notice as further described below), that Credit will be charged to and payable by the User, and will form a portion of the Fees (as defined below) payable by you as a User. All unused Credits that were allocated in a month will expire at the beginning of the following month.
In connection with registering for, using or participating in the Service (whether as a User and/or Provider), you agree to (i) provide accurate, current and complete information about you and/or your organization as requested by Worksimply (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Worksimply, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your account, new products and services, and Site updates.
Personal information you submit to the Site may be employed for the purposes of maintaining the integrity of the Site and the content thereon, contacting you when necessary, and improving the quality of service provided by the Site. Worksimply servers also collect information specific to how you use the Internet. Worksimply servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service. Worksimply may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.
Worksimply may employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.
Worksimply reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site; or to protect us and our successors and assigns, and any of our and their respective officers, directors, employees, members, agents, and representatives. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
You may wish to provide information about you, your company or organization, or if you are a Provider, your Space to other Users, to third parties, and to the public by providing such information on public areas of the Service (“Public Information”). Public Information consists of information that is posted by you on areas of the Service accessible by other Users and/or the public, such as Space descriptions. We may disclose your Public Information, including if you are a Provider, information about your Space, with third parties including with other office space marketplaces for the purpose of facilitating bookings of your Space through such other third parties. Public information does not include information you submit to us but do not post on areas of the Service accessible by other Users and/or the public, such as billing and payment information (“Non-Public Information”).
Proprietary Rights in Site Content and Limited License
Individual Content Posted on the Service
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Provider, your Space (a “Profile”). Your Profile will display to other users of the Service certain of your Registration Data and other content about you or your company or your organization including, if you are a Provider, your Space, that you upload or otherwise provide to Worksimply for use in your Profile (collectively, “Profile Content”). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.
Worksimply does not verify the accuracy, completeness, reliability or authenticity of any Individual Content, including any Space descriptions or Space availability information provided by Providers and makes no representations or warranties with respect to any Individual Content.
Your Conduct and Use of Service
· upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
· upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Insurance Numbers and credit card numbers;
· interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· reverse engineer any part of the Site;
· upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
· upload, post, transmit, distribute or otherwise make available any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
· upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
· use or attempt to use another’s account, service or system without authorization from Worksimply, or create a false identity on the Service;
· use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users of the Service or writing or soliciting shill reviews;
· upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
· use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
Additional Representations and Warranties
Third Party Websites and Content
The Site may contain (or you may be sent through the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Worksimply. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Transactions Between Users and Providers on the Service
If you are a User, when you register an account and complete a Space booking on the Service, you agree to pay the applicable monthly fees and all fees for using the Space as set forth in the offering for such Space (the “Fees”). We will ask for your credit card information and billing address or other payment information upon registration of an account, and we will process payment for your Fees on behalf of the Provider. We will process the payment for all of the bookings of the User and their respective officers, directors, employees, members, agents, and representatives (as applicable) which occurred in each calendar month on or before the last day of each calendar month.
The payment of funds between Users and Worksimply, on the one hand, and Worksimply and Providers, on the other hand (“Payment Processing”), may be provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition of Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Worksimply does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Service, or have your Account suspended or terminated. We may change or add other payment processing services at any time in our sole discretion, which may be subject to additional terms or conditions.
We will remit any monies owing to Providers within 30 days after the end of the month in which the booking occurs, less the Worksimply service fees, less the Stripe service fee (2.9% + $0.30), after receiving confirmation from the User that services were provided as described in the Space listing. The Worksimply service fee is 15% of the total booking value of the reservation. Worksimply reserves the right to change our fees at any time, for any reason.
Cancellation policy for day passes and on-demand offices
You agree to Worksimply’s cancellation policy. You may cancel a Space reservation up to 48 hours prior to the start of the booking. If you wish to do so, please complete the cancellation process through the Worksimply platform. Bookings cancelled with less than such 48 hours’ notice will be charged in full. Unless otherwise indicated, bookings are non-refundable once confirmation has been made by the User and the Provider. Refunds/cancellations may be subject to a processing fee.
Your Conduct at Spaces
· Accept the terms, conditions, and policies provided by the Provider relating to the use of the Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Provider.
· Behave in an appropriate manner and will not do or attempt to do anything illegal at any Space. Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odours in or upon any Space.
· Shall not commit, or suffer to be committed, any waste upon any Space or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Space.
· Shall not make alterations, additions or improvements to any Space, including the installation of any fixtures, equipment, machinery or appliances.
· Will not smoke or vape in any Space.
· Will follow all additional regulations regarding any Space, as may be communicated through the Site or any applications you use or install from the site.
· You are responsible for leaving any Space in a clean and tidy condition.
· Neither Worksimply nor any Provider is responsible for any property you may leave behind in a Space. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a Space.
· You may be held liable (and do hereby authorize Worksimply to charge you) for the repair cost for all damage to any Space and items therein during your use thereof.
· You will only use an access point or wireless internet connection which you are authorized to use. Additionally, when using the internet within any Spaces, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.
Worksimply may, but has no obligation, to monitor disputes between you and any other persons (including, without limitation, Providers) relating to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKSIMPLY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS, INJURY OR DAMAGE ARISING OUT OF YOUR USE OF A SPACE, TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER PERSONS, INCLUDING ANY FURTHER AGREEMENTS THAT YOU ENTER INTO. WORKSIMPLY DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY PROVIDERS OR IN ANY COLLECTIONS (AS DEFINED BELOW), OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE WORKSIMPLY FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY FURTHER AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER PERSON AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
Worksimply is not responsible or liable in any manner for any Individual Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or User information. Although we provide rules for conduct and postings on the Site, we do not control and are not responsible for what other persons post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Individual Content or Third Party Content. Worksimply is not responsible for the conduct, whether online or offline, of any user of the Service, including any User’s non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Worksimply shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, communications or any other content made available via the Service. Under no circumstances will Worksimply be responsible for any personal injury or death resulting from the use of the Service, any Individual Content or Third Party Content, or any use of Spaces, products or services provided by users of the Service.
WORKSIMPLY PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO PROVIDERS AND USERS “AS IS”, AND, EXCEPT AS PROVIDED HEREIN, WORKSIMPLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WORKSIMPLY CANNOT GUARANTEE AND DOES NOT PROMISE TO PROVIDERS AND USERS, AND PROVIDERS CANNOT GUARANTEE AND DO NOT PROMISE TO USERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, WORKSIMPLY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; WORKSIMPLY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND WORKSIMPLY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL WORKSIMPLY OR ITS DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A USER’S USE OF A SPACE, EVEN IF WORKSIMPLY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORKSIMPLY BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A USER AND A PROVIDER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKSIMPLY’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO WORKSIMPLY FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY AND (2) $250 IN THE AGGREGATE FOR ALL CLAIMS. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Worksimply may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Worksimply.
You may terminate your Worksimply account at any time by providing Worksimply with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Worksimply at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Worksimply will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Provider and your Collections, on or through the Service.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
Last revised: 2022-04-01