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Terms of Service

Agreed terms

1. About us and our Services

Company details

1.1.
Workabout Office Solutions Limited (company number 14779506) (WorkAbout, we, us or our) is a company registered in England and Wales and our registered office is at 2 Burgon Street, London, United Kingdom, EC4V 5DR. Our VAT number is 439 2828 65. We operate the website https://www.workabout.com (our site).

Contacting us

1.2.
To contact us, email us at info@workabout.com. How to give us formal notice of any matter under these Terms is set out in clause 15.2.

Our services

1.3.
Our site, platform, applications and offerings (collectively, the WorkAbout Platform) provide certain services that enable property owners (Space Providers) to offer properties and workspaces to businesses (Employers) and their employees (Employees) to book and use as workspaces on an on-demand and short-term basis in exchange for certain fees to be paid by the Employers to the Space Providers via the WorkAbout Platform (our Services). In consideration for our Services, the Space Providers and the Employers agree to pay to us certain fees and commission for each booking.
1.4.
When a Space Provider offers a property, office or workspace (or an individual desk or room within an office or workspace) (Workspace(s)) for booking on the WorkAbout Platform, such offers for booking the Workspaces (including the descriptions of any Workspaces provided by the Space Provider) shall be referred to in these Terms as a Listing(s).
1.5.
The Space Providers, Employers and Employees are collectively referred to in these Terms as the Users.

2. These Terms of Service

Legal agreement with us for provision of platform services

2.1.
These Terms of Service (Terms) are a binding legal agreement between you and WorkAbout that govern your right to use the WorkAbout Platform and access our Services. We will provide you with the Services in accordance with these Terms.
2.2.
These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.3.
Whenever you access, or make a booking via, the WorkAbout Platform, either as an Employer, Employee or Space Provider, you agree to (and shall comply with) these Terms. If you do not agree to these Terms, you must immediately cease using the WorkAbout Platform and our Services.

Our role

2.4.
When Users make or accept a booking via the WorkAbout Platform, they are entering into a contract directly with each other. WorkAbout is not and does not become a party to any contractual relationship between Users.
2.5.
WorkAbout is not acting as an agent for any Users except where WorkAbout prepares invoices (inclusive of VAT where applicable) as agent for any Space Provider and collects payment from any Employers for any Space Provider as its agent, as provided in clauses 6.12 to 6.20 below.

Booking contracts between Employer and Space Provider

2.6.
When you make a booking via the WorkAbout Platform, either as an Employer, Employee or Space Provider, all of the parties to the booking (consisting of the Employer, Employee and Space Provider for that booking) will enter into a direct contract which shall be subject to these Terms (the Contract).
2.7.
WorkAbout is not a party to the Contracts that are entered into directly between the Users pursuant to each booking.
2.8.
As the provider of the WorkAbout Platform, we do not own, control, offer or manage, and are not responsible in any way for, any properties, offices or workspaces.

Specific terms that apply to you

2.9.
As a User of our Services, you must comply with all of the terms and conditions set out in these Terms. However, there are specific terms that will apply to you depending on whether you are an Employer, Employee or Space Provider, which we recommend you read in full:
2.9.1
If you are an Employer or Employee, the Employer and Employee Terms set out in clause 5 will apply to you.
2.9.2
If you are a Space Provider, the Space Provider Terms set out in clause 6 will apply to you.

Other terms that may apply to you

2.10.
We maintain other terms and policies that supplement these Terms (including for the use of our site) which you must also comply with and are available at the following links:

Entire agreement with us

2.11.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures (including those terms and policies set out in clause 2.10 above), these Terms constitute the entire agreement between WorkAbout and you pertaining to your access to or use of the WorkAbout Platform and our Services, and supersede any and all prior oral or written understandings or agreements between WorkAbout and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and WorkAbout. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

Language

2.12.
These Terms are made only in the English language.

Your copy

2.13.
You should print off a copy of these Terms for future reference.

3. Your Account

3.1.
You must register an account to access and use many features of the WorkAbout Platform and must comply at all times with the Terms that apply to you as either an Employer, Employee or Space Provider (as set out below).
3.2.
Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else.
3.3.
You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify WorkAbout if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
3.4.
You are responsible and liable for activities conducted through your WorkAbout account, unless such activities are as a result of fraud and not contributed to by your negligence (such as failing to report the unauthorized use or loss of your credentials).
3.5.
We may, but have no obligation to, as a condition to opening or maintaining your account:
3.5.1
ask you to provide identification or other information;
3.5.2
undertake checks designed to help verify your identity or background; and/or
3.5.3
screen you against third-party databases or other sources and request reports from service providers.
3.6.
You may be asked from time to time to provide us with certain identification, financial and other information and/or to complete certain compliance and verification checks as is necessary in order for us to comply with our obligations under all applicable laws and regulations in relation to the provision of the Services, including without limitation any applicable ‘know your customer’ and/or anti-money laundering requirements. If you are requested to provide any such information or to complete any such checks, you will not be able to use our Services until any such requests and/or checks have been completed. We reserve the right at all times to suspend or restrict your access to the WorkAbout Platform and our Services if you fail to comply with any such requirements.

4. Responsibility for Workabout Platform content and conduct

4.1.
We do not and cannot control the conduct, actions or omissions of Space Providers, Employers or Employees and are not responsible or in any way liable for, and do not in any way guarantee:
4.1.1
the existence, quality, safety, suitability, or legality of any Workspaces;
4.1.2
the conduct, behaviour, actions or suitability of any Users; or
4.1.3
the truth or accuracy of any Listings or any other text, photos, audio, video, information and other content provided or uploaded by Users.
4.2.
You acknowledge that WorkAbout has no general obligation to monitor the use of the WorkAbout Platform and verify information or content provided or uploaded by Users. WorkAbout has the right (but not the obligation) to review, disable access to, remove or edit content to:
4.2.1
operate, secure and improve the WorkAbout Platform (including for fraud prevention, risk assessment, investigation and customer support purposes);
4.2.2
ensure Users’ compliance with these Terms and our Acceptable Use Policy;
4.2.3
comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
4.2.4
address User content that we determine is harmful or objectionable;
4.2.5
take actions set out in these Terms; and
4.2.6
maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.
4.3.
Where we remove or disable content, we will notify a User and provide the reasons for such a measure, unless such notification would:
4.3.1
prevent or impede the detection or prevention of fraud or other illegal activities;
4.3.2
harm the legitimate interests of other Users or third parties; or
4.3.3
contravene applicable laws.
4.4.
You may appeal any such decision made by WorkAbout by contacting us in accordance with clause 15.2. Users agree to cooperate with and assist WorkAbout in good faith and to provide WorkAbout with such information and take such actions as may be reasonably requested by WorkAbout with respect to any investigation undertaken by WorkAbout regarding the use or abuse of the

5. Employer and Employee Terms

5.1.
If you are using our Services as an Employer or Employee, the terms of this clause 5 will apply to you.

Accounts

5.2.
In order to use our Services, the Employer must set up:
5.2.1
an Employer account, for its use of the WorkAbout Platform, and
5.2.2
Employee accounts, for each of its Employees’ use of the WorkAbout Platform, which can be linked to the Employer’s account.
5.3.
The Employer will be able to use its account to pay its Deposit (as defined below), to use the Employer Budget (as defined below) to book Workspaces for its Employees, to monitor the status and usage of the Employer Budget via the account dashboard and to top up the Employer Budget at the end of each month.
5.4.
The Employees will be able to use their Employee accounts to view their account dashboard (which will show the remaining balance of the Employer Budget that has been allocated to them for each month) and to book Workspaces for their use each month using the Employer Budget provided by the Employer.
5.5.
If you are an Employee, your account will be registered by your Employer and any updates to your account details that you are not able to process yourself via your account will need to be made by your Employer.

Employer Budget

5.6.
Employers are entitled to use our Services to provide their Employees with a budget which shall be one month’s projected usage for booking Workspaces through the WorkAbout Platform (the Employer Budget).
5.7.
The amount of the Employer Budget will be set to be exclusive of any applicable VAT which might apply to the amount payable for any booking.
5.8.
Once the Employer has provided or topped up its Deposit in accordance with clauses 5.12 to 5.14 below, the Employer can allocate portions of that Employer Budget to each of its Employees. The Employer and its Employees can then view the allocated Employer Budget via their account and use that Employer Budget to book Workspaces via the WorkAbout Platform.
5.9.
The Employer will be able to view the total remaining Employer Budget for each month via the dashboard that is available in the Employer’s account. Each Employee will be able to view the remaining portion of the Employer Budget for each month that has been allocated to them by the Employer via the dashboard that is available in the Employee’s account.
5.10.
The Employer will receive automated notifications from us when the Employer Budget is close to being spent, or has been completely spent, in any month.
5.11.
The Employer may choose to increase or decrease the set level for their Employer Budget at any time via their account by following the instructions on the WorkAbout Platform.

Deposit

5.12.
When an Employer first sets up an account via the WorkAbout Platform and/or intends to use our Services, the Employer will be asked to make an initial deposit of an amount equivalent to two months’ Employer Budget plus VAT at the applicable rate (the Deposit). The Employer can pay the Deposit via their account by following the instructions on the WorkAbout Platform.

Deposit top-up

5.13.
The Employer will then be required to set up an automatic monthly direct debit via their account to top-up the amount in credit in their Deposit each month to the level set by the Employer (which shall be an amount equivalent to two months’ Employer Budget plus VAT at the applicable rate).
5.14.
If the Employer adjusts their Employer Budget under clause 5.11 any subsequent direct debits shall be increased or decreased to reflect the new Deposit level for the adjusted Employer Budget1 .

Workspace price

5.15.
The Space Providers will determine the price that will apply for booking their Workspaces at their discretion (which will be displayed in the Listings for each Workspace). Where applicable, the price so determined will attract (and will be inclusive of) VAT. The Space Providers shall have discretion to change or amend the price for each Workspace at their discretion, except that the Space Provider may not change the price for any confirmed bookings. The price for a Workspace that was on display in the Listings at the time of the booking, as confirmed in the Booking Confirmation that is sent to the Employee or Employer in accordance with clause 5.29, shall be the only price that is payable for that booking and shall not be affected by any subsequent change in price for the Workspace that is made by the Space Providers.

Price errors

5.16.
It is always possible that, despite our reasonable efforts, some of the Listings on the WorkAbout Platform may be incorrectly priced. Where the correct price for the Listing is less than the price stated on the WorkAbout Platform, we will charge the lower amount. If the correct price for the Listing is higher than the price stated on our site, we will contact the Employer or the applicable Employee for that booking as soon as possible to inform them of this error and we will give the Employer and/or the applicable Employee the option of continuing to book the Workspace at the correct price or cancelling your booking. We will not process the booking until we have the instructions of the Employer or the applicable Employee. If we are unable to contact the Employer or the Employee using the contact details registered to their accounts, we will treat the booking as cancelled and notify the Employer or the applicable Employee in writing. However, if we mistakenly accept and process a booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Employer or the Employee as a mispricing, we may cancel the booking and refund the Employer the Employer Budget that has been paid.

WorkAbout commission

5.17.
WorkAbout may charge commission (and any applicable taxes) for the use of the WorkAbout Platform, which shall be incorporated into the price of the Listing and paid as a commission by the Space Providers to us for each booking in accordance with clauses 6.12 to 6.20 below. The Commission (as defined in clause 6.14 below) will be included in the overall price for booking a Workspace that is shown in each Listing. As consideration for the use of our Services, the Employer agrees to pay the Commission to WorkAbout as a part of the overall price for booking a Workspace.

Invoicing

5.18.
At the end of each month, the Employer will receive from us:
5.18.1
a statement setting out their spend for the month and the amount that will be paid by the Employer via automatic direct debit to reset the amount in credit in their Deposit for the next month; and
5.18.2
a VAT invoice provided as agent for each Space Provider with which the Employer has entered into a Contract or Contracts in that month, plus applicable VAT.
5.19.
If you dispute any invoice submitted by us as agent for a Space Provider:
5.19.1
you shall notify us in writing immediately, specifying the reasons for disputing the invoice;
5.19.2
we shall provide all evidence as may be reasonably necessary to verify the disputed invoice;
5.19.3
you agree to discuss in good faith with us to attempt to resolve the dispute promptly; and
5.19.4
if we are not able to resolve the dispute within 30 days of you giving notice to us, the dispute shall be resolved in accordance with clause 17.4.

Payments

5.20.
WorkAbout may charge commission (and any applicable taxes) for the use of the WorkAbout Platform, which shall be incorporated into the price of the Listing and paid as a commission by the Space Providers to us for each booking in accordance with clauses 6.12 to 6.20 below. The Commission (as defined in clause 6.14 below) will be included in the overall price for booking a Workspace that is shown in each Listing. As consideration for the use of our Services, the Employer agrees to pay the Commission to WorkAbout as a part of the overall price for booking a Workspace.
5.21.
The Employer shall pay all amounts due to us as agents for the Space Providers in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Bookings

5.22.
The Employer and its Employees can use the Employer Budget to book short-term Workspaces in the United Kingdom, provided that the Workspace is showing as available on the WorkAbout Platform. The Employer and Employees will only be able to make bookings via the WorkAbout Platform if there are sufficient funds in the Employer Budget.
5.23.
The Employer can set rules and limitations on the types and locations of Workspaces that the Employees can book using the Employer Budget via their account, and the list of Workspaces that the Employees will be able to see and book via the WorkAbout Platform will be limited to those that satisfy the rules that are set by the Employer.
5.24.
The details and descriptions for the Workspaces, including the price for booking each Workspace, are displayed in the Listings provided by the Space Providers on the WorkAbout Platform. The price will be subject to VAT as applicable.
5.25.
Employers and Employees can search for and book Workspaces by following the onscreen prompts on the WorkAbout Platform, but will only be able to book Workspaces that are showing as available on the WorkAbout Platform on the dates that they have selected. Individuals who are searching the WorkAbout Platform can refine their search results by filtering the Workspaces according to (for example) location, area, size and Workspace offerings. Search results are based on their relevance to the search and other criteria that are used during the search.
5.26.
Our booking process allows the individual who is processing the booking to check and amend any errors before submitting their booking to us. Please check the booking carefully before confirming it. The individual who is processing the booking is responsible for ensuring that the booking is complete and accurate.
5.27.
Once an Employer or Employee completes the booking process via the WorkAbout Platform, the booking for the Workspace will have been submitted to us. Each booking is an offer by the Employer and applicable Employee to enter into a Contract with the Space Provider for the use of their Workspace.
5.28.
After an Employer or Employee places a booking, they will receive a notification from us acknowledging that we have received it, but please note that this does not mean that the booking has been accepted. Our acceptance of the booking will take place as described in clause 5.29.
5.29.
Our acceptance of a booking takes place when we send a notification to the Employer or Employee to accept it (Booking Confirmation), at which point and on which date the Contract between the Employee, Employer and the Space Provider will come into existence. The Contract will relate only to the specific booking confirmed in the Booking Confirmation.
5.30.
Once a booking has been confirmed, the price for that booking, plus any applicable VAT, will be deducted from the Employer Budget in the Employer’s and Employees’ accounts.
5.31.
All Users for a booking will receive automated email reminders for the booking at 5pm on the day before the booking.

If we cannot accept your booking

5.32.
If we are unable to accept a booking for any reason (including if the Space Provider is no longer able to provide the Workspace on those dates), we will inform the Employer and the applicable Employee and we will not process the booking. If the cost for that booking had already been deducted from the Employer Budget in the Employer’s and Employee’s accounts, that deducted amount will be re-credited into the Employer Budget in the Employer’s and Employee’s accounts.

Booking cancellation

5.33.
An Employer or an Employee may cancel any Workspace bookings at any time in accordance with our Cancellation Policy. By agreeing to these Terms, you also agree to the terms of the Cancellation Policy which are incorporated into these Terms. You acknowledge and agree that you may not be entitled to a refund for late cancellations of any bookings, as set out in the Cancellation Policy.

Workspaces

5.34.
All Workspaces and Listings are provided by the Space Providers and the terms and Property Rules for each individual Workspace shall be determined by the Space Providers at their sole discretion. All Employees must comply at all times with the Property Rules that apply to the Workspace that they have booked (see clauses 5.35, 5.36, 5.37 and 6.5 below for further details on the Property Rules).

Property Rules and use of the Workspace

5.35.
The Listing for each Workspace will contain details of the rules that must be complied with when using that Workspace, as provided by the Space Provider, which shall include (but is not limited to) the rules with regards to health and safety, security, access and the permitted uses of the Workspace (the Property Rules).
5.36.
The Employees must:
5.36.1
comply at all times with the Property Rules whenever they use or have access to a Workspace;
5.36.2
not conduct, or permit to be conducted, any illegal, unlawful or fraudulent activities in the Workspace or use the Workspace in any way that breaches any applicable local, national or international law or regulation;
5.36.3
only use the Workspace for the purposes of conducting work in the ordinary course of business (or the business of their Employer); and
5.36.4
not wilfully, accidentally or negligently cause damage to the Workspace or any premises surrounding or connected to the Workspace and, by submitting the booking, agree to leave the Workspace in the same condition as the Workspace was in before the commencement of the booking.
5.37.
The Employer and Employees are only permitted to use a Workspace that is booked via the WorkAbout Platform for the proper business of the Employer. The Employees must not invite or allow any third parties to access the Workspace during the period of the booking unless specifically approved in writing by the Employer. The Employer and each applicable Employee shall be jointly and severally responsible and liable for the actions of any third parties that are granted access to the Workspace during the period of their booking.
5.38.
WorkAbout may terminate the Employee and Employer’s account immediately if an Employee breaches clauses 5.35, 5.36 or 5.37.

Termination of account

5.39.
The Employer may terminate the account of any of its Employees at any time by following the instructions in their account via the WorkAbout Platform. The Employees are not able to terminate their accounts themselves, but must request that their Employer terminates their account if they wish to do so.
5.40.
The Employer may terminate their account, and the agreement by the Employer and its Employees to these Terms or any Contract, by providing us with at least one month’s notice in accordance with clause 15.2.
5.41.
In the event that the Employer terminates their account in accordance with clause 5.40, the Employer must complete and shall be liable to pay for all bookings that have been made by the Employer or its Employees that are due to take place during the one-month notice period. All bookings that are due to take place after the one-month notice period shall be automatically cancelled.
5.42.
Upon termination of the Employer’s account, the Employer shall be entitled to receive a refund of the remaining Deposit that is still showing as available in the Employer’s account, subject to us first confirming that all existing and completed bookings and any applicable fees have been paid in full. Any such refund will be paid to the Employer’s bank account (as may be notified from the Employer to us) within 30 days of the effective date of termination of the Employer’s account.

Termination of account

5.43.
By using our Services, the Employers and Employees agree that:
5.43.1
they will not use the data of any other Users or otherwise contact any other Users for any reason except as is necessary to comply with their obligations under these Terms; and
5.43.2
they will not do any acts that will, or which is reasonably likely to, cause any other User to cease using our Services or the WorkAbout Platform, including, but not limited to, contacting any Space Provider in relation to the use of any Workspace that is listed on the WorkAbout Platform outside of the WorkAbout Platform.

Your responsibilities

5.44.
The Employer shall remain responsible at all times for the actions and/or omissions of their Employees, including but not limited to any actions and/or omissions committed by their Employees at a Workspace.
5.45
We recommend that the Employer obtains appropriate insurance for the use of any Workspace by any of its Employees, to ensure that the Employer and the Employees are adequately insured in the event of any accidents and material damage resulting from the use of the Workspace by any Employees.

Termination of account

5.46.
To the maximum extent permitted by applicable law, the Employer agree to release, defend (at WorkAbout’s option), indemnify, and hold WorkAbout (including any WorkAbout affiliates and their personnel) and any Space Provider harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
5.46.1
the Employer or any of their Employees’ breaches of these Terms (including any supplemental or additional terms that apply to a product or feature, including any Property Rules) or our other terms and policies listed in clause 2.9;
5.46.2
the Employer or any of their Employees’ improper use of the WorkAbout Platform;
5.46.3
the Employer or any of their Employees’ interaction with any User or use of a Workspace, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind (including any damage to property) arising in connection with or as a result of such interaction, participation or use; or
5.46.4
the Employer or any of their Employees’ breaches of any laws, regulations or third party rights such as intellectual property or privacy rights.

6. Space Provider Terms

6.1.
If you are using our Services as a Space Provider, the terms of this clause 6 will apply to you.

Independance of Space Providers

6.2.
Your relationship with WorkAbout is that of an independent individual or entity and not an employee, agent, joint venturer or partner of WorkAbout, except that WorkAbout may charge you fees and commission and act as a billing and payment collection agent as described in clauses 6.12 to 6.20 below. WorkAbout does not direct or control your use of our Services and you understand that you have complete discretion whether and when to use our Services to offer Workspaces and at what price and on what terms to offer them.

Account

6.3.
In order to use our Services, you must set up a Space Provider account via the WorkAbout Platform, which you can then use to advertise and publish your Workspaces for booking by Employers and Employees via the WorkAbout Platform.

Account

6.4.
In order to list a Workspace on the WorkAbout Platform, you must follow the on-screen instructions on the WorkAbout Platform. You are solely responsible and liable for ensuring, and hereby warrant, that the Workspace is compliant with all applicable health and safety standards, fit for purpose and compliant with all applicable laws and regulations.

Listings and Property Rules

6.5.
The WorkAbout Platform provides tools that make it easy for you to set up and manage a Listing. The Listings for each Workspace must contain complete, accurate and up-to-date information, descriptions and photographs of the Workspace to allow Employers and Employees to assess their suitability for bookings. The Listings must include, as a minimum, the description (including appropriate photographs) and price for the Workspace, as well as all applicable rules and requirements that will apply for the Workspace including (but not limited to) the rules with regards to health and safety, security, access and the permitted uses of the Workspace (the Property Rules). All Listings must comply at all times with our Acceptable Use Policy. You may only maintain one Listing per Workspace, but may have multiple Listings for a single property if it has multiple Workspaces. It is your responsibility to ensure that a Workspace is available for all periods in which it is showing as available for booking in the Listings and/or on the WorkAbout Platform.
6.6.
All Workspaces must include, as a minimum, all office equipment and facilities as are reasonably necessary (and in compliance with all health and safety requirements) to enable a User to use the Workspace for their ordinary business purposes and as otherwise advertised in the Listing, including without limitation containing appropriate furniture, electricity, lighting, toilets and internet connections, which must be included in the price advertised in the Listing and cannot be charged for separately. The Workspace must have an internet connection with at least the minimum signal strength reasonably necessary to facilitate the use of the Workspace in the ordinary course of business, including without limitation for conducting video and conference calls and sending and receiving emails.

Search ranking

6.7.
The ranking of Listings in search results on the WorkAbout Platform depends on a variety of factors, including these main parameters:
6.7.1
Employee or Employer search parameters (e.g. number of Employees, time and duration of the booking, price range etc.);
6.7.2
Listing characteristics (e.g. price, size, calendar availability, number and quality of images, type of Workspace etc.);
6.7.3
Employee booking experience (e.g. customer service and cancellation history of the Space Provider, ease of booking etc.);
6.7.4
Space Provider requirements (e.g. Property Rules, minimum or maximum booking periods, booking cut-off time etc.); and
6.7.5
Employee or Employer preferences (e.g. previous bookings, saved Listings, location from where the Employee or Employer is searching etc.).
All Workspaces must include, as a minimum, all office equipment and facilities as are reasonably necessary (and in compliance with all health and safety requirements) to enable a User to use the Workspace for their ordinary business purposes and as otherwise advertised in the Listing, including without limitation containing appropriate furniture, electricity, lighting, toilets and internet connections, which must be included in the price advertised in the Listing and cannot be charged for separately. The Workspace must have an internet connection with at least the minimum signal strength reasonably necessary to facilitate the use of the Workspace in the ordinary course of business, including without limitation for conducting video and conference calls and sending and receiving emails.

Booking acceptance

6.8.
Employees or Employers may book Workspaces via the WorkAbout Platform by following the procedures set out in clauses 5.22 to 5.30 above. If an Employee or Employer chooses to book one of your Workspaces that is showing as available for booking, you will receive an automated Booking Confirmation from us, at which point and on which date the Contract between you, the Employee and the Employer will come into existence. The Contract will relate only to those Services and the specific booking confirmed in the Booking Confirmation.
6.9.
All Users for a booking will receive automated email reminders for the booking at 5pm on the day before the booking.

Access to the Workspace

6.10.
You must provide the Employee and Employer with access to the Workspace for, at a minimum, the period and on the terms confirmed in the Booking Confirmation and Listing. You must provide the Employee and Employer with all reasonable assistance for accessing and use of the Workspace, including providing the Employee and Employer with appropriate contact details for the Employee and Employer to use in case of urgent need or emergency in relation to the Workspace.

Booking cancellation

6.11.
You may cancel any Workspace bookings at any time in accordance with our Cancellation Policy. By agreeing to these Terms, you also agree to the terms of the Cancellation Policy which are incorporated into these Terms. You acknowledge and agree that you may be liable to pay to us certain cancellation charges for late cancellations as set out in the Cancellation Policy.

WorkAbout commission and fees, payments and invoicing

6.12.
Employers can use the Services to provide their Employees with an Employer Budget to book Workspaces with via the Workabout Platform. When an Employee or Employer books your Workspace via the WorkAbout Platform, we will immediately deduct the amount for that booking, together with applicable VAT, from the Employer Budget in the Employer’s account and credit it to your account.
6.13.
We will provide monthly VAT invoices on behalf of the Space Provider to the Employers for each booking of the Space Provider’s Workspaces which have taken place in that month. In doing so, the Space Provider will be the principal, and Workabout will act as the agent of the Space Provider. By agreeing to these Terms, you agree that Workabout will act as the payment collection agent for each of the bookings and you authorise us to submit invoices, receive payments and to do all other necessary acts in order to obtain payment on your behalf in accordance with these Terms.
6.14.
We may charge Space Providers commission (together with any applicable taxes) for the use of the WorkAbout Platform which shall be paid as a commission on each booking that is entered into via the WorkAbout Platform (the Commission), which shall be added to and included in the price of a Listing and charged when a booking takes place for a Workspace.
6.15.
We may also charge Space Providers fees (together with any applicable taxes) which shall be paid as an administrative fee (the Administrative Fee) for the use of the WorkAbout Platform and for acting as the Space Providers’ agent for billing and collection in accordance with these Terms.
6.16.
The Commission and the Administrative Fee, together with any applicable VAT, will be invoiced to Space Providers on a monthly basis and deducted from the monthly sums to be remitted to the Space Providers in accordance with clause 6.18. As consideration for the use of our Services, the Space Providers agree to pay the Commission and Administrative Fee to us.
6.17.
The Space Providers will be notified of the amount of the Commission and Administrative Fee that is payable for each Listing when the Listing is submitted by the Space Provider on the WorkAbout Platform, and by submitting the Listing the Space Provider acknowledges and accepts the Commission and Administrative Fee that is payable for that Listing. We shall be entitled to change the amount of the Commission and/or Administrative Fee that is payable for any Listings at any time and will notify the Space Provider of any such changes that affect that Space Provider’s Listings via the WorkAbout Platform, provided that no such changes will affect the Commission and/or Administrative Fee that is payable for any bookings that have already been confirmed.
6.18.
We will pay to you, at the end of each month, the amount equal to the balance that is due to you for any bookings that took place that month, which will be less any applicable Commission and Administrative Fees (together with any applicable VAT) for that month. We will arrange for settlement of your account to take place monthly within 7 days of the end of the month. However, you acknowledge that any such payments may be subject to third party banking or processing delays that are beyond our control, and so we do not make any guarantees, representations or warranties that you will receive the payment within that 7 day period.
6.19.
Any payments that are to be made by us to you under these Terms will be made to the bank account that is registered in your account, which you may update by following the instructions on the WorkAbout Platform.
6.20.
We will send you an email confirmation once the monthly payment has been made by us to your account, along with a fully itemised statement for each month detailing which bookings the monthly payment relates to.

Termination of account and/or Listings

6.21.
You may at any time terminate your account, any Listing, your agreement to these Terms and any existing Contract, by providing us with at least one month’s notice in accordance with clause 15.2.
6.22.
If you terminate your account in accordance with clause 6.21, you must complete all confirmed bookings that are due to take place during the one-month notice period. All bookings that are due to take place after the one-month notice period shall be automatically cancelled. If you do not or are unable to complete any confirmed bookings during the one-month notice period, you will be required to cancel those bookings and pay a refund and any applicable cancellation charges for those bookings in accordance with our Cancellation Policy.

Indemnity

6.23.
To the maximum extent permitted by applicable law, you agree to release, defend (at WorkAbout’s option), indemnify, and hold WorkAbout (including any WorkAbout affiliates and their personnel) and any Employers and Employees harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
6.23.1
your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our other terms and policies listed in clause 2.9;
6.23.2
your improper use of the WorkAbout Platform;
6.23.3
your interaction with any User or if the Workspace is in breach of these Terms or any applicable law, regulations or standards, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind (including any damage to property) arising in connection with or as a result of such interaction, or failure of the Workspace to comply with any such applicable law, regulations or standards, or
6.23.4
your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

Use of data and non-solicitation

6.24.
By using our Services, you agree that:
6.24.1
you will not use the data of any other Users or otherwise contact any other Users for any reason except as is necessary to comply with your obligations under these Terms; and
6.24.2
you will not do any acts that will, or which is reasonably likely to, cause any other User to cease using our Services or the WorkAbout Platform, including, but not limited to, offering any Workspace that is listed on the WorkAbout Platform directly to any other Users outside of the WorkAbout Platform.

Use of data and non-solicitation

6.25.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Workspaces. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the WorkAbout Platform except those expressly authorized by us. You must not encourage Employees or Employers to create third-party accounts, provide their contact information, or take other actions outside the WorkAbout Platform in breach of these Terms and our other terms and policies listed in clause 2.9.

Know your legal obligations

6.26.
You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Workspace. For example, some landlords and leases restrict or prohibit subletting, short-term rentals and/or longer-term rentals. Some cities have zoning or other laws that restrict the short-term rental of properties. Some jurisdictions require Space Providers to register, get a permit, or obtain a license before providing certain services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale or operating a vehicle). In some places, the services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to your Workspaces. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of Employees and Employers and others in compliance with applicable privacy laws and these Terms (including our Privacy Policy). If you have questions about how local laws, regulations or rules apply you should always seek legal advice. We recommend that you obtain appropriate insurance for your Workspace and use of our Services and suggest you carefully review all applicable policy terms and conditions (including coverage details and exclusions).

7. Your obligations

7.1.
It is your responsibility to ensure that:
7.1.1
the information provided by you when registering your account, or provided by the Employer when registering each Employee’s account, (and which may be updated by you or, in the case of Employees, by the Employer, via your account in the WorkAbout platform) is complete, accurate and up-to-date;
7.1.2
the terms of your booking are complete and accurate;
7.1.3
you cooperate with us in all matters relating to the Services;
7.1.4
you provide us with such information and materials we may reasonably require to supply the Services, and ensure that such information is complete and accurate in all material respects;
7.1.5
you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
7.1.6
you comply with all applicable laws, including without limitation all health and safety laws and any laws or regulations relating to VAT and other taxes (where applicable).
7.2.
If you fail to fulfil any obligation listed in clause 7.1 (Your Default):
7.2.1
we will be entitled to suspend performance of the Services and/or your account until you remedy Your Default. In certain circumstances Your Default may entitle us to terminate your account under clause 13 (Termination); and
7.2.2
we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our suspension of the Services or your Account.

8. Services in UK only

8.1.
Unfortunately, we are currently unable to perform the Services in relation to bookings for Workspaces that are located outside the UK.
8.2.
You may use the WorkAbout Platform from an address outside the UK, but any booking or Listing must be in relation to a Workspace that is located in the UK.

9. Complaints and reporting

9.1.
If a problem arises or you are dissatisfied with the Services or the WorkAbout Platform, you can contact us by sending us an email at info@workabout.com.
9.2.
If you wish to report another User to us, you can do so by completing the reporting form available at: Reporting Form. We will assess and investigate any reports, along with any accompanying evidence, without delay and on a case-by-case basis according to the severity of the reported issue. Following our investigation, if we determine (at our sole discretion) that a reported User has breached any of these Terms, we shall be entitled to take any action or remedy as set out in clause 13.3 as we deem to be necessary to resolve the issue, which includes without limitation our right to terminate or suspend the reported User’s account and access to the WorkAbout Platform.

10. Content and intellectual property rights

10.1.
If a problem arises or you are dissatisfied with the Services or the WorkAbout Platform, you can contact us by sending us an email at info@workabout.com.
10.2.
Subject to your compliance with these Terms, WorkAbout grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
10.2.1
access and use the WorkAbout Platform; and
10.2.2
access and view the WorkAbout Content made available on or through the WorkAbout Platform and accessible to you, solely for your personal and non-commercial use.
10.3.
Parts of the WorkAbout Platform enable you to provide text, photos, audio, video, information and other content (User Content). By providing User Content, in whatever form and through whatever means, you grant WorkAbout a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content in order to provide and/or promote the WorkAbout Platform, in any media or platform, known or unknown to date and in particular on the Internet and social networks, and to provide the Services. If User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws and is in accordance with our Privacy Policy.
10.4.
Where WorkAbout pays for the creation of User Content or facilitates its creation, WorkAbout may own that User Content, in which case supplemental terms or disclosures will say that.
10.5.
You are solely responsible for all User Content that you provide and warrant that you either own it or are authorized to grant WorkAbout the rights described in these Terms. You are responsible and liable if any of your User Content breaches or infringes the intellectual property or privacy rights of any third party. All User Content must comply with our Acceptable Use Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content.
10.6.
You agree that WorkAbout may make available services or automated tools to translate User Content and that your User Content may be translated using such services or tools. WorkAbout does not guarantee the accuracy or quality of translations and Users are responsible for confirming the accuracy of such translations.
10.7.
Each User undertakes that it will not decompile, disassemble or otherwise reverse engineer the WorkAbout Platform, and the User may not engage in any other activity to obtain underlying information that is not visible to the User in connection with the normal use of the WorkAbout Platform or create derivative works based on the WorkAbout Platform or any part thereof. Each User agrees not to transmit the WorkAbout Platform and/or not to display the source or object code on any computer screen, and/or not to make any hard copy or soft copy memory dumps of the WorkAbout Platform’s source or object code.

11. How we may use your personal information

11.1.
We will use any personal information you provide to us to:
11.1.1
provide the Services and the WorkAbout Platform;
11.1.2
process your payment for the Services; and
11.2.
We will process your personal information in accordance with our Privacy Policy, the terms of which are incorporated into these Terms. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.

12. Liability

12.1.
When you make or accept a booking via the WorkAbout Platform, you are entering into a Contract directly with the other Users that are parties to that booking. WorkAbout is not and does not become a party to or other participant in any contractual relationship between Users, and, subject to clause 12.4, is not liable for any claims, damages or losses that arise out of or in connection with the direct Contract between Users or the use of any Workspace by any Users.
12.2.
Neither WorkAbout nor any party to a direct Contract between Users shall be liable under or in connection with these Terms or any Contract for any:
12.2.1
loss of actual or anticipated profits;
12.2.2
loss of contracts;
12.2.3
loss of the use of money;
12.2.4
loss of anticipated savings;
12.2.5
loss of business;
12.2.6
loss of opportunity;
12.2.7
loss of goodwill;
12.2.8
loss of reputation;
12.2.9
loss of, damage to or corruption of data; or
12.2.10
any indirect or consequential loss,
in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise.
12.3.
Subject to clauses 12.1 and 12.4, WorkAbout’s liability under or in connection with these Terms in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed £5,000 per claim or series of claims with the same ultimate cause.
12.4.
Nothing in these Terms limits any liability which cannot legally be limited or excluded under applicable law, including liability for:
12.4.1
death or personal injury caused by negligence;
12.4.2
fraud or fraudulent misrepresentation; and
12.4.3
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.5.
To the extent that WorkAbout’s liability is excluded or limited, this also applies with regards to the personal liability of its legal representatives, directors, employees, and other agents.
12.6.
This clause 12 will survive termination of your agreement to these Terms.

13. Termination, consequences of termination and survival

Term

13.1.
The agreement between you and WorkAbout reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination

13.2.
You may terminate your account, your agreement to these Terms and any existing Contract in accordance with clauses 5.39 to 5.42 (Employers and Employees) and 6.21 to 6.22 (Space Providers). WorkAbout may terminate these Terms and the legal agreement with you for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. WorkAbout may also terminate this agreement immediately and without prior notice and stop providing access to the WorkAbout Platform if:
13.2.1
you materially breach these Terms or our other terms and policies listed in clause 2.9;
13.2.2
you breach any applicable laws;
13.2.3
such action is necessary to protect the personal safety or property of WorkAbout, its Users, or third parties (for example in the case of fraudulent behaviour of a User); or
13.2.4
your account has been inactive for more than two years.

User breaches

13.3.
If:
13.3.1
you breach these Terms or our other terms and policies listed in clause 2.9;
13.3.2
you breach any applicable laws, regulations or third party rights;
13.3.3
WorkAbout becomes aware of or has received complaints about your performance or conduct;
13.3.4
you have repeatedly cancelled confirmed bookings; or
13.3.5
such action is necessary to protect the personal safety or property of WorkAbout, its Users, or third parties,
WorkAbout may:
13.3.6
suspend or limit your access to or use of the WorkAbout Platform and/or your account;
13.3.7
suspend or remove Listings or User Content;
13.3.8
cancel pending or confirmed bookings; or
13.3.9
suspend or revoke any special status associated with your account.
In case of non-material breaches or where otherwise appropriate, you will be given notice of any intended measure by WorkAbout and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws.

Legal remedies

13.4.
WorkAbout may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in clause 13.3.

Consequences of termination

13.5.
See clauses 5.39 to 5.42 (Employers and Employees) and 6.21 (Space Providers) above for the specific rights and consequences of termination that will apply if you terminate your account. When your account and your agreement to these Terms has been terminated, or if your access to or use of the WorkAbout Platform has been limited or suspended, you may not register a new account or access or use the WorkAbout Platform through an account of another User, and you are not entitled to a restoration of your account or any of your User Content.

Appeal

13.6.
If WorkAbout takes any of the measures described in this clause 13 you may appeal such a decision by contacting us in accordance with clause 15.2.

Survival

13.7.
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

14. Events outside our control

14.1.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
14.2.1
we will contact you as soon as reasonably possible to notify you; and
14.2.2
our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

15. Communications between us

15.1.
Unless specified otherwise, any notices or other communications to Users permitted or required under these Terms, will be provided electronically and given by WorkAbout via email, WorkAbout Platform notification, messaging service, or any other appropriate contact method, using the contact details that you provide when you register your account. You must ensure that the contact details registered for your account are kept up-to-date.
15.2.
Any notices that you need to send to us can be provided by sending us an email at info@workabout.com.

16. Disclaimer

16.1.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Employee, Employer, Space Provider, Workspace, Listing or third party and we do not warrant that verification, identity or background checks conducted on Users (if any) will identify past misconduct or prevent future misconduct.
16.2.
Any references to a User being "verified" (or similar language) indicate only that the User or WorkAbout has completed a relevant verification or identification process and nothing else.
16.3.
We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the WorkAbout Platform.
16.4.
WorkAbout may, temporarily and under consideration of the Users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the WorkAbout Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WorkAbout Platform.

17. General

Assignment and transfer

17.1.
17.1.
We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you in writing if this happens.
17.1.2
You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.

Waiver

17.2.
If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Third party rights

17.3.
If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Governing law and jurisdiction

17.4.
These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.