The following Terms & Conditions may be somewhat lengthy, but we want to be careful to ensure that everyone is properly protected. Please feel free to contact us at info@circoop.work with any questions regarding these terms.
1. Acceptance of Terms
The services CIRCOOP Ltd. (“CIRCOOP”) provides to you are subject to the following Terms & Conditions.
CIRCOOP reserves the right to update the Terms & Conditions at any time. The updated Terms & Conditions will be effective immediately upon notice.
2. Description of Services
CIRCOOP may provide you with access to coworking space and member-only events, Internet access and any other services that may be offered from time to time (collectively, “Services”). The Services at all times are subject to the Terms & Conditions.
“Services” do not include, and we are not involved in or liable for, the provision of products or services by third parties.
Office Hour: 9:00am – 6:00pm
In the event that a typhoon signal No. 8 or above is hoisted and/or a Rainstorm Black Warning signal is issued during office hours, that is from nine to six o’clock (9:00am – 6:00pm), our office will be closed. When the signals are lowered to signal No. 3 and/or Red between 6:00am and 11:00am, our office will open at 2:00pm. If the signals are lowered to signal No.3 and/or Red after 11:00am, our office will be closed.
3. Payment
By signing up for CIRCOOP hot desk, fixed desk, day pass or any other services, you agree to pay us the recurring or nonrecurring fees associated with the particular services you are purchasing. Membership payments of hot desk and fixed desk are due on a recurring monthly basis, on the first of each month, after your start date (first month prorated if start date is not the first of the month). All non-recurring fees will be charged immediately. If payment of your membership fee or any other recurring fee is not made by the seventh (7) of the month in which such payment is due, your use of Services may be immediately suspended, and eventually terminated.
4. No refunds
All fees are non-refundable. All fees must be paid in Hong Kong Dollars.
5. No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any CIRCOOP systems, or the network(s) connected to any CIRCOOP server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any CIRCOOP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the Terms and Conditions and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with, or result in, any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
6. Use of Services
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through CIRCOOP Services;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not limited to, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Restrict or inhibit any other user from using and enjoying the Services;
- Violate any code of conduct of other guidelines which may be applicable for any particular Service (including “Our Rules”).
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; and
- Violate any applicable laws or regulations;
- Create false identity for the purpose of misleading others.
CIRCOOP reserves the right at all times to disclose any information about you, your participation in and use of the Services as CIRCOOP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CIRCOOP discretion.
7. Keycards & Locker Key
Do not transfer your keycard and locker key to anyone else. Do not make any copies of keycards and locker keys. You must promptly notify us if you lost your keycard and/or locker key. You must return your keycard and locker key and / or access device immediately upon termination or expiration of the Services you purchase. You may be charged a replacement fee HK$50 for every single key (keycard or locker) if you lost or damaged keycard and / or locker key.
8. Property
All of your property stored in CIRCOOP is the sole responsibility of you. CIRCOOP does not assume or imply responsibility for your property at any time. CIRCOOP will hold no liability for any damages that may incur from the items being stored in CIRCOOP. CIRCOOP is not responsible for any property you leave behind in any of our premises. It is your responsibility to ensure that you have retrieved all of your personal items before leaving. When you leave, you shall remove all of your property from CIRCOOP. After providing you with reasonable notice, we will be entitled to dispose of any property remaining in any of our premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.
9. Security and Liability
You understand there will be no provided security for the property you stored in CIRCOOP and all property stored will be under the sole liability of you. CIRCOOP will not be responsible for any loss, or damages that may incur from the storage of your property.
10. Damage
You may be held liable for the repair cost for all damages to CIRCOOP.
11. Pets
Pets are not allowed to enter our premises, unless you are permitted by CIRCOOP. You will be responsible for any injury or damage caused by any pet you or any of your employees, invitees or guests bring into our premises. We will not be responsible for any injury to any pets.
12. Confidentiality
a) You acknowledge and agree that during your participation and use of the Services, you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by CIRCOOP, or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature.
Confidential Information includes, but is not limited to, information about business, sales, operations, know-how, trade secrets, technology, products and financial information.
b) Your participation in and/or use of the Services obligates you to
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties
- not to use the Confidential Information in any way directly or indirectly detrimental to CIRCOOP, or any participant or user of the Services.
c) All Confidential Information remains the sole and exclusive property of CIRCOOP or the respective disclosing party. You acknowledge and agree that nothing in this Terms & Conditions, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise. This includes, but is not limited to, Confidential Information such as any patent, copyright or other intellectual property or proprietary rights of CIRCOOP, or any participant or user of the Services.
13. Participation In or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that CIRCOOP does not have any liability with respect to your access, participation in, use of the Services or any loss of information resulting from such participation or use.
14. Disclaimer of Warranties
To the maximum extent permitted by applicable law, CIRCOOP provides the Services “as is”, and hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the Services remains with you.
15. Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall CIRCOOP or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of, or in any way related to, the participation in or inability to participate in or use of the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of CIRCOOP, and even if CIRCOOP has been advised of the possibility of such damages.
16. Limitations of Liability
a) To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against CIRCOOP and our landlords at the premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “CIRCOOP Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet (“Claims”) and release the CIRCOOP Parties from any such Claims.
b) We do not control and are not responsible for the actions of other individuals or pets using the services or at our premises. We do not check the background of our members and we do not guarantee that their profiles are accurate.
17. Termination
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms & Conditions, we may terminate your participation in and use of any Services immediately and without notice. We may decline the renewal of any Services at the end of your subscription period for any reason or for no reason.
18. Indemnification
You release, and hereby agree to indemnify, defend and save harmless CIRCOOP and CIRCOOP’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon, or arising out of, your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services.
19. Severability
In the event that any provision or portion of this Terms & Conditions is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Terms & Conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
20. Insurance
As a user of the coworking space, it is your responsibility to carry your own insurance policy that covers your equipment while occupying our space. CIRCOOP is under no obligation to carry insurance that covers your lost, stolen, or damaged goods as a result of your use of Services provided.
You have read and understood, all of the Terms and Conditions and further agree to be bound to the Terms & Conditions regarding your participation in and use of the Services.
