GotSpaze is an application that facilitates discovery and use of professional workspaces (each, a “Professional Workspace”) for users through www.GotSpaze.com or any other URL provided by GotSpaze ("Website"), and/or any other digital media platform accessed by its users (the "Platform" and together with the Website, the "GotSpaze Service/Services"). The GotSpaze Platform enables Space Providers to publish list their Professional Workspace(s) on the GotSpaze Platform (“Listings”) and to communicate and transact directly with users that are seeking to book such Professional Workspace (“Users”).
“Space Providers/Professional Workspace Providers” refers individuals/entities which own or have the right title and interest over the Workspace(s) to allow (a) listing on the GotSpaze Platform and (b) usage of the booked Workspace(s) by the respective User(s).
The GotSpaze Service is owned and operated by GotSpace Technologies ("GotSpaze", "we" or "us") a partnership firm governed by the Indian Partnership Act, 1932.
These terms and conditions form a binding legal contract between you ("you", "your" or "yours") and GotSpaze. Your use of the GotSpaze Service is subject to the terms and conditions set forth herein ("Terms & Conditions").
By accessing or using any part of the GotSpaze Service, you acknowledge that you have read, understand and agree to be bound to all the terms of the Terms & Conditions.
You understand and agree that GotSpaze is an aggregator providing a platform through which Space Providers may create listings for Professional Workspace and Users may learn about and book such workspaces. GotSpaze has no control over the conduct of Space Providers and other Users of the Platform and disclaims all liability in this regard.
If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the GotSpaze Service.
Corporate Users: If you use the Services on behalf of an entity, you represent and warrant that you are authorized to bind such entity to these Terms & Conditions and to act on behalf of such entity. GotSpaze may suspend or terminate your access to the Services if GotSpaze 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.
Updates to Terms & Conditions. We may, in our sole discretion, modify the Terms & Conditions. By continuing to access and use the GotSpaze Service, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications.
Modifications to the GotSpaze Service: Features of the GotSpaze Service may be modified/deleted and may be temporarily or permanently suspended at any time, with or without notice. GotSpaze will not be liable to you or any third party for any modification, suspension, or discontinuance of the GotSpaze Service.
Intellectual Property. You acknowledge that all materials on the GotSpaze Service, including the Website design, Platform design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of GotSpaze. GotSpaze authorizes you to view, download and/or print the Materials only for personal, non-commercial use. Except as expressly authorized by the Terms & Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of GotSpaze. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the GotSpaze Service are the sole property of GotSpaze and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of GotSpaze.
Third Party Sites. Links provided via the GotSpaze Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the GotSpaze Service. GotSpaze does not control nor endorse any such third party websites. You agree that the GotSpaze will not be responsible or liable for any content, goods or services provided by such third party.
Account Registration: In order to use the GotSpaze Service and/or take advantage of certain features, you must register to create an account ("GotSpaze Account"). If so, you agree to:
If you provide any information that is false, inaccurate or outdated, or GotSpaze has reasonable grounds to suspect that such information is false, inaccurate or outdated, GotSpaze has the right to suspend or terminate your account.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. GotSpaze will have the right to disable any user name, password or other identifier, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Service.
You agree to use the GotSpaze Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the GotSpaze Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, obscene, offensive, hateful or otherwise objectionable material of any kind.
Use of the GotSpaze Service: GotSpaze makes available a platform for Users to book Workspaces listed by Space Providers. GotSpaze does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control the Workspaces. You shall not do any of the following while accessing or using the GotSpaze Service:
You assume all risk when using the GotSpaze Service, including but not limited to all of the risks associated with any online or offline interactions with Users, including workspace employees and any other people with which you may interact while using the GotSpaze Service. You agree to take all necessary precautions when communicating with individuals through the GotSpaze Service.
GotSpaze does not guarantee or provides warranty for any service or product provided by space providers. GotSpaze is not responsible for and disclaims any and all liability related to any and all Listings and Spaces. accordingly, any bookings will be made at your own risk.
Users may access the premises "Professional Workspaces" before booking and carry out necessary due diligence at their own expenses.
Reviews and Feedback: Both Users and Providers may submit feedback of the Service following the completion of a Booking transaction. You acknowledge and agree that other users may publicly post ratings and reviews of you or your Professional Workspace, as applicable, and that GotSpaze may, but is not obligated to, monitor such postings and is not responsible in any manner for such ratings and reviews, and you hereby release GotSpaze from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.
Payment and billing terms: You understand and agree that invoice for the use of Professional Workspaces will be issued by the Space Provider. GotSpaze will not issue such invoices. The User agrees to pay GotSpaze for the total fees for any booking requested in connection with your GotSpaze account if such requested bookings are confirmed by the applicable Professional Workspace. Once GotSpaze receives confirmation of your booking from the applicable Professional Workspace, GotSpaze will collect the total fees in accordance with these Terms and Conditions and the pricing terms set forth in the applicable Listing.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and payment information either to GotSpaze or its third-party payment processor(s). You agree to pay GotSpaze for any confirmed bookings made in connection with your GotSpaze account in accordance with these Terms &Conditions by one of the methods described on the GotSpaze Service.
Terms and Conditions for Space Listing
The following is the Standard Cancellation Policy applicable to Listings. However, certain Listing may have their own cancellations policies which will be applicable to such Listings.
Users will be fully refunded for cancellations only if made a full 24 hours prior to start of the Listing Booking time. Users will be refunded for the Professional Workspaces Fees (80% of the Total Fees) for cancellations made 12 hours before the start of listing booking time and only 20% will be refunded for cancellations 6 hours before the listing Booking time starts.
If a Professional Workspace cancels a confirmed booking made via the GotSpaze Service, (i) GotSpaze will refund the total fees for such booking to the applicable User within a commercially reasonable time of the cancellation which is anticipated to be 10 business days and (ii) the User will receive an email or other communication from GotSpaze containing alternative Professional Workspaces and other related information. If the User requests a booking from one of the alternative Professional Workspaces, then the User agrees to pay GotSpaze the total fees for the alternative Professional Workspace, in accordance with these Terms & Conditions. If a Professional Workspace cancelled a confirmed booking and you, as a User, have not received an email or other communication from GotSpaze, please contact GotSpaze at [firstname.lastname@example.org].
If, as a Professional Workspace, you cancel a confirmed booking, GotSpaze may apply penalties or consequences to you or your listing, including (i) publishing an automated review on your listing indicating that a reservation was cancelled, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (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.
In certain circumstances, GotSpaze may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the GotSpaze Service. GotSpaze may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User. You agree that GotSpaze and the relevant User or Professional Workspace will not have any liability for such cancellations or refunds.
Damage to Professional Workspaces: As a User, you are responsible for leaving the Professional Workspace in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Professional Workspace. In the event that a Professional Workspace claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items or otherwise repairing the Professional Workspace.
Confidentiality. In connection with your use of the GotSpaze Service, you may receive confidential and proprietary, or personal information of GotSpaze and other Users ("Confidential Information") which includes any nonpublic information written or oral relating of GotSpaze, its partners or affiliates, or other Users. You will keep Confidential Information in confidence, only use it for your permitted use of the GotSpaze Service, and not disclose it to any third party except your subcontractors and advisors who need to know the information for your business purposes and who agree in writing to provisions regarding Confidential Information at least as favorable to GotSpaze as those in these Terms & Conditions.
Termination. You may discontinue access to and participation in the GotSpaze Service at any time. Upon discontinuance of use/termination for any reason, GotSpaze may delete all data/information related to User from Service.
Representations. You expressly represent, warrant, and/or acknowledge that:
Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: Your use of the GotSpaze service is at your sole risk. You acknowledge and agree that GotSpaze does not have an obligation to conduct background checks on any User, including registered Users and Professional Workspace Providers, but may conduct such background checks in its sole discretion. Except as otherwise expressly provided in these terms & conditions, GotSpaze, it expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, without limiting the generality of the foregoing, the GotSpaze parties make no warranty that: (i) the GotSpaze service will meet your requirements; (ii) the GotSpaze service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the GotSpaze service will be accurate or reliable; (iv) the quality of any and all products, services, information or other material, including all merchandise, goods and services, obtained or purchased by you directly or indirectly through the GotSpaze service will meet your expectations or needs; and (v) any errors in the GotSpaze service will be corrected. Notwithstanding the foregoing, the sole and entire maximum liability of the GotSpaze parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to GotSpaze via the GotSpaze service for services provided solely and directly by GotSpaze to you (and not fees paid to professional workspaces) in the six months prior to such cause or claim.
Indemnification. You agree to indemnify, defend and hold harmless the GotSpaze Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of the GotSpaze Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the GotSpaze Service, your breach of these Terms & Conditions, your infringement or violation of any rights of another, or termination of your access to the GotSpaze Service. We reserve the right to assume, at our sole expense, the exclusive defence 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 defence of any such claim, action, settlement or compromise negotiations, as requested by us.
Applicable Law and Jurisdiction. Your use of the GotSpaze Service is governed by and will be enforced under the laws of India. You agree to submit to the personal and exclusive jurisdiction of the courts located within New Delhi. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the GotSpaze Service or these Terms & Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration and Conciliation Act then in effect and before a single arbitrator chosen by GotSpaze. Each party shall assume its own costs of arbitration.
Miscellaneous. These Terms & Conditions constitute the entire agreement between GotSpaze and each user of the GotSpaze Service with respect to the subject matter of these Terms & Conditions.
If any provision of these Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
You may not assign any of your rights or delegate any of your obligations under these Terms & Conditions. Your subcontractors and employees will comply with these Terms & Conditions applicable to you, and you are responsible for their actions and omissions as though they were your actions and omissions.
The failure of the GotSpaze Parties to insist upon strict adherence to any term of these Terms & Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms & Conditions. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms & Conditions and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
The following terms are specifically applicable to Space Providers the use of the GotSpaze Services through the GotSpaze conditions. The following terms are to be read in conjunction with and are in addition to the rest of these Terms and Conditions.
Inventory and pricing Updates: Space Providers must keep GotSpaze informed (through the means specified by GotSpaze) of the availability of the Workspaces. A booking will automatically be confirmed if a Workspace is shown as available per the information provided by you to GotSpaze. Space Providers understand and agree that once Users requests a booking of your Professional Workspace, the price for such booking may not be altered.
Use of GotSpaze Services: The Space Providers shall not:
Space Provider’s representations, warranties and covenants: By creating a Listing the Space Provider represents and warrants that it has sufficient rights in and to the Professional Workspace to participate in the Service as a Professional Workspace Provider.
The Space Provider represents and warrants that it’s participation in the GotSpaze Service will not violate or result in the breach of any agreement between the Space Provider and any third party, including any lease agreement or other agreement relating to the Professional Workspace and that any Professional Workspace offered for bookings hereunder is:
Listing takedown: Please note that GotSpaze assumes no responsibility for a Professional Workspace Provider's compliance with any applicable laws, rules and regulations. GotSpaze reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that GotSpaze, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Platform or Services or Services.
Booking Confirmation: When a booking is requested via the GotSpaze Service we will share with you (i) the first and last name of the User who has requested the booking and (ii) a link to the User's GotSpaze account profile page, so that you can view such information before confirming or rejecting the booking request. When a booking is confirmed by a User, GotSpaze will send you an email, text message or through any other means specified by GotSpaze.
GotSpaze Fee: GotSpaze, may collect the fees as per the terms given for the inventory listing GotSpaze, in its sole discretion, may offer promotions to Space Occupiers. If the Space Owner owes or agrees to pay any amount to GotSpaze, then GotSpaze may withhold the amount owing to GotSpaze from any payout amounts due to you as a Professional Workspace, and use the withheld amount to set off the amount owed by you to GotSpaze. If GotSpaze does so, then your obligation to pay GotSpaze will be extinguished to the extent of the amount withheld by GotSpaze, and GotSpaze will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Cancellation: The Space Provider agrees that GotSpaze may, in accordance with the cancellation policy, (i) permit the User to cancel the booking and (ii) refund to the User that portion of the fees, if any, specified in the applicable cancellation policy.
Bookings and Financial Terms for Space Occupiers: The Space Providers, not GotSpaze, are solely responsible for honoring any confirmed bookings and making available any Professional Workspace reserved through the GotSpaze Service.
Space Providers declaration:
I/we as the Space Provider hereby confirm that: