1. INTRODUCTION

Welcome to the TopCoWorks.com (Crossdev Technologies Private Limited) website. This Website is provided exclusively to assist people in gather information about coworking spaces, posting opinions of TopCoWorks related locations and office spaces, and connecting as a remote working community and the Services have been provided to you to facilitate the listing of your work spaces and office spaces (“Properties”) for rent by clients . You acknowledge that the TopCoWorks is merely an aggregator of property owners who is willing to advertise their Properties and services to potential clients, and its obligation is limited to facilitating the availability of the Website, and for no other purposes. The terms “we”, “us”, “our” and “TopCoWorks” refer to TopCoWorks the term “you” refers to the customer visiting the Website, and/or all content contributors on this Website.

As a condition of using the Website and the services provided therein (“Services”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use this Website. Because these Terms are a legal contract between you and TopCoWorks, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to revise in any way or limit the terms or conditions of any other agreement that you may have with TopCoWorks, including without limitation the privacy policy (“Privacy Policy”).

 

  • USER ACCOUNT

 

In order to access the Website, you will required to provide various information about yourself including your name, email address, phone number and other personal information. You agree that any information you provide to TopCoWorks on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

To register, you must satisfy the following minimum eligibility criteria:

                       

                              2.1 You minimum age should be at least 18 years;                                                  

2.2 You must be authorised by the company that you work for to  in the case of an Office Provider, create a listing or in the case of a Client, express an interest in any Space;

It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

 

  • USE OF THE WEBSITE

 

You may use the Website for rightful purposes only. You shall not post or transmit through the Website any material which oppose or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene,or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

   You agree not to engage in any of the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Website in any medium;
  2. transmitting spam, chain letters, or other unsolicited email;

iii. attempting to interfere with, compromise the system integrity or security   or decipher any transmissions to or from the servers running the Website;

  1. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  2. uploading invalid data, viruses, worms, or other software agents through the Website;
  3. collecting or harvesting any personally identifiable information, including account names, from the Website; using the Website for any commercial purposes without having all necessary rights and licenses to the Host Content;

vii. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

viii. interfering with the proper working of the Website;

  1. accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or
  2. by passing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
  3. Host Content Protocol:

Being an Office space Provider, you may upload Listings for a Space to the Site. You may be asked to first “listing your office” by entering information including the office type, capacity, price per month (per person or per office) (the “Space Fee“), VAT registration details (if any), availability, building address, list of facilities (if any) (such as Wi-Fi, furniture, lockers, showers, roof terrace, meeting rooms, 24 hour access, kitchen, bike storage, mailing address and disabled access), contact number, a description of the building and any other relevant information we may require in respect of your Listing. You may also add photos of the Space.

Spaces will be publicly available via the Site. Spaces shall not be removed by TopCoWorks unless(a) we receive the Office Provider’s written instruction; (b) the Office Provider removes the Listing through its Account; or (c) TopCoWorking receives notice from any third party claiming to have an interest in the Space (for example the Property Owner) and requiring that TopCoWorks removes the Listing and Spaces from its Site. The Office Provider understands and agrees that the placement and rankings of Listings in search results may depend on various factors include Client shortlists and/or Client preferences including your facilities and services.

TopCoWorks reserves the right, in its sole discretion, to remove any Listing that it considers to be objectionable for any reason or in violation of the Terms of Business.

The Office Provider acknowledges and agrees that it is responsible for all Listings it creates. Accordingly, the Office Provider represents and warrants that:

it either:

is the owner of leasehold or freehold property (“Property Owner”) of any Space it lists on the Site; or

has the right, authority or permission from the Property Owner to list such Space and is the duly authorized agent or representative of such Property Owner for the purpose of engaging in the Licence of such Space in accordance with these Terms of Business; and

the Space is in compliance with all applicable laws and regulations;

the Licence of such Space will not breach any agreement with any third party including any lease or sublease;

the Listing is accurate and truthful and all Space Fees shall be inclusive of all fees payable in respect of the use of the Space (including, by way of example, charges relating to use of facilities, service charge);

it shall promptly respond to any and all Enquiries made by TopCoworks and/or the Client in respect of the Space;

it shall promptly respond to any and all requests for Bookings in respect of the Space;

any contractual discussions or negotiations between the Office Provider and the Client shall be the sole responsibility of the Office Provider and the Client;

it shall promptly advise TopCoWorks of any Licence and the terms therein once entered into with a Client;

it shall keep TopCoWorks informed of the current status of the Listing and (i) remove the Listing; or (ii) advise TopCoWorks in writing, if the Space is licensed to a third party excluding a Client;

it shall not upload any Prohibited Content (as defined) in any Listing.

The Office Provider shall indemnify, defend and hold harmless TopCoWorks against all losses that TopCoWorks incurs or suffers however arising as a result of or in connection with:

  1. Clients content Protocol:

    1. Being a Client, you may view Listings or make Enquiries and/or Bookings in respect of a Space on the Site.
    2. The Client represents and warrants that:
      1. it shall keep TopCoWorks informed in relation to any Licence it enters into either in respect of a Space or with an Office Provider; and
      2. it shall provide prompt feedback, rankings and reviews (where requested by TopCoWorks) in respect of any Licence and/or Space.
    3. The Client acknowledges that TopCoWorks may monitor communications sent through the Site and any Enquiries for training purposes and to ensure compliance with these Terms of Business.
    4. By making an Enquiry or Viewing Request, the Client acknowledges and agrees that it is giving TopCoWorks consent to share its details with an Office Provider. If an Office Provider seeks to contact a Client, the Office Provider will contact the Client directly.

 

Fees and Invoicing

While TopCoWorks does not currently levy any charges on Hosts for the listing of Properties on the our Website, you acknowledge and agree that TopCoWorks reserves the right, in its sole discretion, to charge you for and collect fees from you for the same at any point in the future, and shall provide notice of the same prior to implementation.

Charges levied on you by TopCoWorks towards the services provided by them are covered in separate commercial agreements and form the basis for all commercial transactions

WE COLLECT THIS INFORMATION:

By using TopCoWorks, You authorize TopCoWorks to access and aggregate users and browsing data stored on or transmitted through the website use and services to conduct research, improve the services and provide anonymous reporting for internal and external clients, customers and partners

Directly from you when you provide it to us;

Automatically as you navigate through the site; information collected automatically through the site may include usage details, IP addresses, and information collected through cookies and other tracking technologies;

From third parties, for example, other third party services that are integrated with the Services, our business partners and information visible through your permissions on social media sites (for example, if you log in through your Google account, or Facebook)

INFORMATION YOU PROVIDE TO US

The information we collect on or through the Services may include:

  • Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services.
  • Records and copies of your correspondence (including email addresses), if you contact us or if you contact others through the Services.
  • Your search queries on the Site.
  • Information you provide to us about other individuals

You also may provide information to be published or displayed on public areas of the Site, or transmitted to other users of the Services or third parties. Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

LIMITATION OF LIABILITY

For clarification before accessing or using this website.

The information, software, products, and services published on this website may include inaccuracies or errors, including space availability and pricing errors. TopCoWorks not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the coworking space, or locations displayed on this website (including, without limitation, the pricing, availability, photographs, list of coworking spaces, reviews and ratings, etc.). In addition, Topcoworks expressly reserves the right to correct any availability and pricing errors on our website

In no event will TopCoWorks or its affiliates or any party involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the website or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TopCoWorks has been advised of the possibility of such damage.

Subject to this, in no event shall TopCoWorks be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from these Terms of Business shall not, in respect of any 12-month period (calculated from the date of that Agreement), exceed the charges payable by you for the relevant Service in that 12-month period and is strictly limited to losses that were reasonably foreseeable.

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

GENERAL PROVISIONS

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this.

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 remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TopCoworks with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TopCoworks with respect to this Website

  1. You may not transfer or assign any or all of your rights or obligations under these Terms of Business.
  2. All notices given by you to TopCoWorks must be given in writing to the address set out at the end of these Terms of Business. TopCoWorks may give notice to you at either the email or postal address you provide to TopCoWorks when registering on the Site.
  3. If TopCoWorks fails to enforce any of its rights, that does not result in a waiver of that right.
  4. If any provision of these Terms of Business is found to be unenforceable, all other provisions shall remain unaffected.
  5. These Terms of Business may not be varied except with TopCoWorks express written consent.

CHANGES TO OUR PRIVACY POLICY

We may change the Terms or revise any of the features of the Website at any time. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes. If you continue to use the Website after changes are posted you will be deemed to have accepted the change.