Terms and conditions

Book a Space – Terms and Conditions (Marketplace – Guests)

Last updated: July 20, 2020

About Book a Space

Book a Space is a marketplace for leasing various kinds of spaces for working purposes, through transactions between property owners (Space Hosts) and potential venue seekers (Guests). Book a Space is the platform for the marketplace, and as such, Book a Space is not a part of any transaction taking place in the marketplace.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE PLATFORM. BY USING THE PLATFORM, YOU REPRESENT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT THE MAIN PURPOSE OF YOUR USE OF THE PLATFORM AND THE BOOKED SPACE IS NOT PERSONAL, DOMESTIC OR FAMILY USE. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 18 YEARS OLD OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Introduction

1.1

The introduction to this agreement is an integral part of it.

1.2

Titles are for convenience only and shall not be used for interpretation.

1.3

For the avoidance of all doubts, it is hereby clarified that this English version of Terms and Conditions shall apply, and versions in other languages may be set only for convenience; in any case, if any differences occurred between versions – the English version shall always overcome.

1.4

Definitions:

1.4.1

"Company" – Book a Space Ltd.

1.4.2

"Agreement" – this Terms and Conditions document.

1.4.3

"Platform" – An online platform, operated by the Company, as a website and a mobile application, which is used as a marketplace to connect property owners (“Space Hosts”) with potential venue seekers (“Guests”) looking to book a space ("Space") for working purposes (“Spaces”) and pay by an hourly fee, as detailed on the price list on the Platform.

1.4.4

"Users" – anyone who uses the Platform by accessing the Company’s website and mobile application.

1.5

The Terms and Conditions set herein shall apply both for the mobile application and the website.

1.6

It is hereby clarified that the Terms and Conditions set herein shall act in addition and in parallel to any other terms and conditions set by any other third party, as may be the case.

Acceptance Of Terms

2.1

Overview. This Terms and Conditions (this "Terms") govern all use by you as a user of the Platform (all, the "Services"). The Services are owned and operated by the Company. The Services are offered subject to your acceptance without modification of all of the Terms contained herein and all other operating rules, policies and procedures that may be published from time to time on the Platform or at any other place by the Company. These Terms may refer to Hosts who use the Platform to provide Spaces to Guests. BY USING OR ACCESSING ANY PART OF THE PLATFORM, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SERVICES OR AT ANY OTHER PLACE BY THE COMPANY. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

2.2

Modification. The Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Terms at any time. It is your responsibility to check this Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services.

Terms and Conditions

3.1

The User hereby undertakes to avoid the following actions, regarding the Platform:

3.1.1

Using the Platform through any software intended to collect data, or otherwise performing actions imitating a normal user, including but not limited to Bots or Crawlers etc.

3.1.2

Manipulating the address of any internal pages URL, in order to gain access to such internal pages (URL Hacking).

3.1.3

Uploading or transferring of content, or performing actions, that may be considered illegal in Israel or any other jurisdiction; avoiding upload, transfer or advertise any content which may infringe copyrights, trademarks or trade secret of others; avoiding advertise of libel, abomination or hurting privacy of others.

3.1.4

Performing any action regarding the design of the Platform, source code, element or content on the Platform, which the only right of performing such actions is set to the owner of such rights, according to the Israeli Copyright Law, 2007.

3.1.5

Any violent, crude, criminal or otherwise offending behavior, towards the Company, other Users or any service providers, including Hosts, which provide any kind of services through the Platform.

3.2

The Company shall have the right, at any time and according to its discretion:

3.2.1

To stop or prevent the service, or part of it, from any User who violated any part of this Terms and Conditions; all subject to the sole discretion of the Company and without providing any notice. No claim of the User shall be heard regarding this right of the Company.

3.2.2

To remove any content or to undo any action made by any User who violated any part of this Agreement.

3.2.3

To prevent access to the Platform – from any addresses or websites (including IP address and mobile ID), not previously approved by the Company, or may harm the Company or the Platform – all subject to the sole discretion of the Company and without providing any notice. No claim of the User shall be heard regarding this right of the Company.

User Account

4.1

The Company shall always have the right to determine that access to all or some of the services, provided through the Platform, shall be granted only to Users who have registered to the Platform, and provided some required information, to be determined by the Company ("User Account" or the "Account").

4.2

The following shall apply to the registration of an Account:

4.2.1

You may not register an Account with details which are not your own valid details.

4.2.2

You may not register an Account for any other person, who is not present in front of the computer or phone, while registration, or who did not approve the Terms and Conditions of this Agreement.

4.2.3

It is hereby clarified, that although the Company performs actions to keep Account information secured, the Company can make no promise that no breach may occur, due to unauthorized access to the information. The User shall have no claim against the Company in any case of damage, due to unauthorized access to the information.

4.2.4

In the process of registration, the Company may send the User text messages with a unique code, in order to identify the User. The User hereby approves delivery of such messages, and undertakes to keep such code in confidence and not transfer it to anyone else.

4.2.5

The User hereby agrees that the Company may send to the User's email address, as provided by him to the Company, updates and notification regarding the Platform, and any other message.

Commercial Messages

5.1

The Company is authorized and the User hereby agrees, that the Company send the User commercial messages, from time to time, via text messages, email messages or any other way. By providing its email address or phone number, the User expressly approves such messages.

5.2

The User may inform the Company, at any time, his demand to cease delivery of such messages – by an email message to the Company or by using the removal option, displayed in any message, as may be the case.

Third Party Links

The Platform may provide, or third parties may provide, links to other websites or resources. Because the Company has no control over such websites and resources, you acknowledge and agree that the Company is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.

Payments and Billing

The Company provides you with a platform to make transactions involving the lease of Spaces on an hourly fee basis. Such transactions may involve transfer of funds between Guest and Space Host. Payments shall be executed through the third party services such as credit card processing services, 3rd party payment platforms, etc. In addition to this Terms, any use of the services of Paymeservoce.com is subject to Payme's terms and conditions. It is hereby clarified, that any transaction may include fees to the Company and to other service providers. The Company reserves the right, at its sole discretion, to halt your account (partly or fully) in any case of delay in due payment, until such payment are fully paid. The Company shall not be responsible and will not be liable for any loss, damage or other liability arising from such actions.

Disputes Between Users

8.1

Any user, who has a dispute with any other user with regard to a transaction on our Platform, may submit the dispute to the Company via info@bookasp.com. By using the Platform, both users agree that the Company shall act as an arbitrator for final and binding judgment in any dispute. The Company may, at its sole discretion, suspend or permanently ban users who attempt to file any dispute to an external forum, for disputes which are still active or pending.

8.2

After submitting a dispute, the Company may address the Guest and Space Host to provide further information regarding the dispute, including evidence as the case may be.

8.3

The decision of the Company shall be final and the users hereby agree to comply with such decision. In any case funds should be transferred, the Company may perform any actions which it may find necessary in order to execute the transactions.

8.4

If you have a dispute with one or more users, you agree to release and indemnify the Company and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

Transaction Cancellation Policy

A transaction cancellation policy booked through the Platform will be as set forth in the Platform and reservation confirmation. In general, the platform supports the following policies:

9.1

"Flexible" - Free cancellation up to 2 days prior to the booking time of arrival, 50% of the reservation cost - up to 1 day prior to the booking time of arrival, full price will be paid in case cancellation notice will be delivered less than 24 hours prior to the booking time of arrival.

9.2

"Moderate" - Free cancellation up to 7 days prior to the beginning of the booking time of arrival, 50% of the reservation cost - 1-6 days prior to the booking time of arrival, full price will be paid in case cancellation notice will be delivered less than 24 hours prior to the booking time of arrival.

9.3

"Strict" - Free cancellation up to 14 days prior to the beginning of the booking time of arrival, 75% of the reservation cost - 1-14 days prior to the booking time of arrival, full price will be paid in case cancellation notice will be delivered less than 24 hours prior to the booking time of arrival.

Use of the Space

10.1

You undertake that at the end of your use of the Space, you will return the keys (if provided), and that the Space shall be at the same condition as it was when you received control of it.

10.2

In case the Space will be returned in a different condition than when you received control of it, we may charge you for additional fees for returning it to its previous condition. cleaning and/or restoration in case you fail to return the space in the same condition.

Disclaimer Of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

12.1

It is hereby clarified that the Platform and services provided through the Platform, shall be provided on an as-is basis only. The Company shall not be liable under any circumstances, whether in tort, contract or otherwise, with respect to the Platform or services provided through the Platform. The Company shall also not be liable with respect to use of any third party's products or services, whether provided digitally or otherwise.

12.2

For the avoidance of all doubts, it is hereby clarified that the Platform is only a platform to connect Users (whether Guests or Space Hosts), and that the Company shall not be liable under any circumstances to any damage to the Guest, in regard to the Space Hosts' services.

12.3

It is hereby clarified that the system shall not be available on all times; from time to time the Company shall update and upgrade the Platform's systems – which may result in temporary breaks in the services; the Company has no control on the availability of products nor services provided by third parties.

12.4

It is the User's responsibility to examine, prior to using the Platform, if the Platform is suitable for the User's needs, and the User shall have no claim regarding that.

12.5

The User is responsible for his internet connection – the Company shall bare no liability in any aspect regarding issues of internet connection.

12.6

The Company shall bare no liability, in any case, for any content uploaded, transferred or published via the Platform. The User shall bare all liabilities and no claim to the Company shall be heard regarding that.

Release

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE PLATFORM, YOU HEREBY AGREE TO RELEASE THE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES OR YOUR ACCESS AND USE OF THE PLATFORM. YOU HEREBY AGREE AND UNDERTAKE, THAT ANY USE YOU WILL DO IN THE PLATFORM AND/OR IN A SPACE YOU WILL BOOK USING THE PLATFORM SHALL BE FOR LEGAL PURPOSES, AND THAT YOU SOLELY SHALL BE RESPONSIBLE TO MAKE SURE WHETHER YOUR ACTIVITY IN THE BOOKED SPACE IS SUBJECT TO ANY PERMIT AND/OR LICENSE AND/OR MANDATORY INSURANCE OR OTHER REGULATORY ISSUES WHICH MAY APPLY TO YOUR USE.

Privacy

All information provided by you or collected by the Company in connection with the Platform is governed by the Company's Privacy Policy, a copy of which is located at https://www.bookasp.com/privacy-policy, which is hereby incorporated by reference into these Terms. The Company strongly recommends that you review the Privacy Policy closely. You should take care to protect private information or information that is important to you. The Company shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Platform, this information may become public. The Company does not control and shall not be responsible for the acts of you or any other users of the Services.

Trademark Information

The trademarks, service marks, and logos of the Company (the "Company Trademarks") used and displayed in connection with the Platform are registered and/or unregistered trademarks or service marks of the Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Company Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company, any third party or the Company's or third party's products or services, or in any manner (in the Company's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless the Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure to the Company's benefit.

Infringement Notice

The Company strictly keeps the laws of the state of Israel – if you encounter any content violating the laws of Israel or any other laws, including breaches of privacy, breach of intellectual property rights or any other breach or violation of laws, we encourage you to give us a notice to info@bookasp.com.

Intellectual Property

17.1

The Company is the only owner of all rights, including but not limited to Intellectual Property rights trademarks, in the Platform and all services provided by the Company, and in all tools and utilities used by the Company during the services. Any change, improvement, addition or derivative work shall also belong to the Company.

17.2

The User shall not be able to make any use of the Platform, or any part of it, in a manner that contradict the Terms and Conditions of this Agreement, and that may infringe any right of the Company or any other third party – without the previous written approval of the Company.

17.3

The Terms and Conditions set in this Section 17 shall survive the termination of this Agreement, for any reason.

Changes

18.1

The Company may change any of the Terms and Conditions set herein, at any time, and without providing any notice.

18.2

The User should visit the Company's website, from time to time, in order to view any such changes.

Indemnification

19.1

The User hereby undertakes to defend, indemnify and hold the Company harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand or suit made by any third party due to or arising out of the use of the Platform, by the user; all subject to a 30 days written demand notice.

19.2

Nothing in this Section 19 shall derogate from any right or relief that the Company may have, according to this Agreement or to any law.

Choice of Law

The laws of the State of Israel shall govern this Terms. Any dispute which may arise in connection with these Terms shall be brought to the competent court in the Tel-Aviv district, Israel, which shall be granted exclusive jurisdiction.