Terms & Conditions
§ 1. General
These Terms and Conditions (the “Agreement”) describe your rights and obligations in connection with your Smart-Desk-Share membership, your temporary workplace and other services set forth here. We expressly point out that these Terms and Conditions affect your legal rights and therefore ask you to read this Agreement carefully before accepting it. Among other things, your agreement means that disputes between you and us are settled by individual or binding arbitration, as well as that you waive your right to a class action and class arbitration. These excludes certain types of disputes, which are subject to the scope below in the section “Applicable Law; Conciliation and class action waivers. ” If you have any questions about this agreement, please contact us at the following email address (email@example.com) and write in the subject line “Smart-Desk-Share Membership/Temporary Workplace.” By using the services, you undertake to comply with the existing agreement and you recognise them as binding. We may make any changes to this agreement at any time.
§ 2. About us
As an agreement in the previous effect, “SDS” or “we” stands for Smart-Desk-Share Companies Inc. The Smart-Desk-Share is as follows on your invoice. The use of the term (“SDS” or “we” or “us”) depends on the following:
a. the type of services you buy,
b. where the services are provided or
c. where your primary office (as defined below, if applicable) is located.
We reserve the right to change the provider who charges you for the services. The provider (legally responsible) with which you enter into this agreement is referred to in this agreement as “we,” “our,” “us,” “Smart-Desk-Share,” etc.
§ 3. Personal data
§ 4. Definition
References to “you,” “your” and similar terms in the present agreement relate to the person or provider who signs up for the relevant services and declares themselves bound by this agreement. When you enter into this agreement for a provider, you declare and ensure that you have all the necessary rights, powers and consents to enter into this agreement for the provider in question. If you are located outside DEU, by agreeing to this agreement, you continue to confirm that you are using the services for business purposes, not as a consumer. This also applies to similar arrangements under the jurisdiction in which you reside.
§ 5. Services
The present agreement states “services” for the services described on our website for the user and the customer. This can be adjusted or modified by us at any time, and which apply to the appropriately specific membership you have purchased, or any other services you receive as part of your Smart-Desk-Share membership or temporary Acquired workplace from us. The services to which you are entitled depend on:
a. the membership you have purchased,
b. the services available that depend on the geographic area or certain Smart-Desk-Share objects, and
c. of additional functions and services you choose, which are referred to as a “service package,” which is related to additional policies, agreements, conditions and regulations including additional Payment obligations can or must be made.
Your use of such functions is considered to be your consent to the applicable additional agreements and the additional agreements in question, by this notice part of the present agreement. “Services” does not include the provision or provision of products or services by third parties (“third party services”) that you may decide to purchase in connection with your Smart-Desk-Share membership or temporary workplace, such as: For example, insurance companies, other memberships with third-party providers, because we are not involved in providing such services and do not accept any liability for them. Third party services are provided exclusively by the third-party parties in question and separate agreements apply between you and the external service provider (third-party provider). These terms and conditions of external service providers apply to the relevant services of third parties.
§ 6. Availability
The availability and scope of services, as well as the availability and scope of benefits we offer in connection with third-party services, are subject to changes from time to time that are at our sole discretion. The services we can offer in each of our properties are also subject to irregular changes. We may also amend this agreement and make deletions or additions to it. We will inform you of such changes to this agreement or the services you are providing with us via e-mail to the most recent e-mail address in your profile or by posting a message on the Smart-Desk-Share network. Put. Most changes will take effect immediately with their release, except for changes to prices and fees that will not apply until your next subscription period begins. If you do not agree to the changes, you may cancel your Smart-Desk-Share membership or temporary workplace at any time, but please note that we will not make any refunds in the event of early termination. If you continue to use the Services after notification of a change to the relevant agreement, this will be tantamount to your consent to the changes in question (including increased fees) and they will henceforth apply to Your use of the services. Your use of the services is subject to the agreement applicable at the time of use.
§ 7. Age restriction
Membership, offers, services, programs and the services described in this context may only be used or booked by persons who are at least 18 years old unless otherwise stated. Persons under the age of 18 may not use Smart-Desk-Share membership, offers, services and programs or provide personal information through the Interpage. You must be at least 18 years old to claim benefits where you must make a payment (“eligibility age”). Please make sure you meet the appropriate requirements before any kind of access or use of the services. No one under the eligibility age may access or use the services or provide us with personal information (such as name, address, telephone number or e-mail address). You undertake to provide us with correct and complete information from you when setting up an account and using the services. By using or accessing the services, no matter what form you declare and ensure that you have read and read the other form contained in the present agreement, or at any other time otherwise set forth by us in any form Meet requirements, including the eligibility age.
§ 8. Account Security
Never share your account password with anyone and leave your keys or other access devices or login credentials to anyone. Do not allow anyone else to use your personal account, even if the other person in question belongs to your company or is personally very close to them. As a user partner, they are strictly prohibited from making duplicates of keys, key cards or other means of access to our objects. You are responsible for keeping your passwords secret and keeping your access devices safe. If you believe someone may have used your password or access device unauthorized, please change your password immediately and contact us at firstname.lastname@example.org. You are responsible for any actions related to your account, regardless of whether you authorized the actions in question. Access devices remain the property of the respective providers and you must return them immediately if your Smart-Desk-Share membership ends or expires or their temporary workplace ends. You may be charged a replacement fee for lost or damaged access devices. The amount of the fee is object-dependent and can vary.
§ 9. Memberships
When you sign up for a temporary workplace or Smart-Desk-Share membership, you can specify a company that is associated with your account profile. As a provider of objects and services, they must specify a company that is associated with their profile account. For Smart-Desk-Share memberships as a provider, your profile is created by us or an authorized representative of your company and is associated with the company to which you belong. You agree with all memberships not to give false information, not to impersonate anyone else, or otherwise to provide false or misleading information, neither us nor the Smart-Desk-Share community. Please note that if you have an account provided by a company, you may lose access to the member network and therefore to Smart-Desk-Share services if your employment relationship with the company in question Will be terminated, or if your status with the company in question changes, or if the company’s membership of Smart-Desk-Share expires or is terminated. Should your employment relationship with the company in question end or change, you undertake to update your profile immediately to take this into account, or if necessary, to take this into account, or if necessary. Close your account. You can send a request to email@example.com. If you are an authorized representative of a service provider, you ensure and hereby explain to us that
a. you have the appropriate authority to set up, dissolve and maintain the company account, as well as to include or remove individual members to the account, and
b. that you have obtained all necessary consent from all persons concerned to create their accounts and process personal information in DEU and outside DEU.
c. You continue to undertake to replace us for any harm or loss we incur from a breach of this warranty and declaration.
§ 10. Fees and payment
By signing up for a Smart-Desk-Share membership or temporary workplace, or using any other service (including service packages) and providing your payment details, you undertake to To pay us the recurring or one-time fees associated with the services purchased by you, either as they did at the time of setting up your account or signing up for the services in question Or in accordance with the adjustment of the relevant fees made by us at the appropriate time and communicated to you. The means of payment you provide will be automatically charged with the fees or other amounts incurred or liable for you in connection with the services, including damages caused by our properties or our Property is created. Recurring fees, which include periodic membership fees and any other recurring fees, the amount of which and acceptance of the obligation to pay you have agreed to in connection with the services, will be used if you do not Won differently, debited on the first (1st) of each month. Additional costs and other one-off fees will be debited within thirty (30) days from the time the fee is incurred. If payment of your membership fee or any other incurred or outstanding fee does not take place until tithing (10th) of the month in which the payment is due, you are obliged to pay the default fees that will then incur. The list of current default fees can be found on Smart-Desk-Share.de/faq. Your use of the services may be immediately suspended or terminated if we cannot charge your means of payment for any reason or if no payment has been made on their part. When we receive payments from you, they will first be used to settle defaulting amounts, first for the earliest month due. If we have charged you VAT and if it turns out at any time that the services we provide to you under this agreement are exempt from VAT under the law, we will write you the calculated and VAT collected by us. In addition, the fee charged to you will be retroactively increased by an amount equal to the amount of VAT that is to be credited to you. The credits in question and the fee increases associated with them are compensating and the total amount you pay to us remains unchanged.
All fees are non-refundable and they are payable in the currency specified by Smart-Desk-Share.
§ 11. Rules of Use
Each object has its own object rules, which regulates the behavior expected for the object. They find said object rules in the respective objects and their compliance is a binding prerequisite for the use of the services of the respective objects. The object rules of each object in which you receive or use services hereby become part of the agreement before us. Object rules can be revised from time to time. In general, we expect you not to take any action that is reasonably assumed to be for us, our providers, employees or representatives, other members, any guests or any third parties, as well as for pets, as well as for pets. Or any other property of aforementioned persons or legal entities may be disruptive, harmful or dangerous. For questions about the policies of any of our properties, please address firstname.lastname@example.org.
If you have booked a temporary job, you have the authority to use a job in a specific area for temporary jobs in the chosen property. The use of such a temporary workplace is carried out in accordance with availability.
If you purchased a Smart-Desk-Share membership, you only have access to a temporary workplace in a specific area of certain objects and during normal business hours (as defined below). To use such a temporary workplace, you must reserve the use in advance and such use will be carried out according to availability. “Normal business hours” generally stands for the period from 9:00 to 18:00 local time on normal business days. “Normal business days” are all weekdays except local holidays and public holidays. In addition, Smart-Desk-Share membership entifides you to book weekends and holidays for selected properties. Details of usage times are regulated separately by the property provider.
Conference rooms and temporary workplaces. You can use quotas for temporary workplaces or conference rooms or other services in certain objects during normal business hours, depending on the availability of such temporary workplaces or conference rooms Is. For the use of our more temporary workplaces and conference rooms beyond any existing quotas, appropriate basic fees and fees for the corresponding services are incurred. Such fees may change from time to time.
If you access our temporary workplace in accordance with the present agreement, you and your guests may access lounges in our properties, to the extent permitted by us, immediately from the date of the relevant Objects reserved time and up to the time immediately after the end of your time reserved in the corresponding objects. Lounges are for temporary use and they are not a workplace for daily work.
§ 12. Post and Parcel Service
Subject to availability, you can receive mail and parcels in our properties for an additional fee. If you have booked this, we will accept your mail and deliveries for you during the normal business hours of the properties in question, provided that we are not liable for mail, parcels or other deliveries for which the Receive no Smart-Desk-Share employee has signed a receipt, and we are also not liable for using our postal and delivery services for fraudulent or unlawful purposes. We have no obligation to keep such mail or parcels over a period of thirty (30) days after we receive the relevant mail or parcels, or when you receive mail or parcels after you receive your Smart-Desk-Share membership Have finished. This feature is designed to allow you to receive business correspondence occasionally. It is not used to receive merchandise or goods for personal use. Accordingly, we are under no obligation to accept bulk shipments or oversized mail, parcels or heavy goods.
§ 13. Legitimation check
§ 14. Dealing with personal property
We are not responsible for any personal property you leave in any of the items we offer. You are responsible for ensuring the safety of your personal belongings. Before you terminate or expire your Smart-Desk-Share membership or temporary workplace, you must remove all items from all Smart-Desk-Share objects. After notifying you of any items that have been recovered, we are entitled, after a reasonable period of time, to dispose of any personal belongings left in the items we offer, and you waive any kind of Receivables or claims regarding such personal items or our treatment of such items. You bear all reasonable fees and costs incurred by us in the removal of such items.
§ 15. Pets
You may only bring pets with you in objects where pets are expressly authorised, and we may ask you to prove the vaccination of the pet in question in a satisfactory form for us. You must accompany your pet at all times unless it is in an enclosed area that you have reserved. You are responsible for any injury or damage caused by your pet brought to an object by you or any of your employees, attendees or guests. We are not liable for any injuries suffered by pets. We reserve the right to restrict the right of any member or other person to bring pets into the objects we offer at any time and in our sole opinion.
§ 16. Cost of damages
You may be held liable unrestricted for repair costs for any damage to the land they rent and the items they contain (and hereby authorize us to collect the relevant amounts) that you or your guests, participants Or – where allowed – have caused pets.
§ 17. Service restrictions
Your account for Smart-Desk-Share membership or temporary workspace applies exclusively to you to the applicable extent. You cannot accept additional members to your account and you may have your credentials for your account or account. Do not share your access devices with any other person. In addition, you may not use any of the services or any workplace you reserve or use in any branch for “trade,” “medical advice” or any other type of activity involving frequent public traffic. Going along.
You may not directly or indirectly acquire or use information or intellectual property of other members or member companies from their guests. These include, for example, business ideas, concepts, proper names, images, voices, business names, trademarks, trademarks, logos, trade statements or other labels or other intellectual property, as well as modified or modified versions thereof. If they find material that cannot be assigned to them, they have the duty to provide us with this material in an appropriate manner.
§ 18. Termination of contract
If you do not comply with any of the provisions under this agreement or we have the appropriate suspicion, or if we consider it appropriate at any time at our sole discretion, we may, at our sole discretion, provide your access to your access. Remit to your account and services or suspend your account with immediate effect, possibly without notice. In addition, we may refuse to renew your subscription to any or all of the services at the end of your subscription period for any reason or without giving any reason. We may continue to close your account at any time or terminate your Smart-Desk-Share membership or temporary workplace if we have Smart-Desk-Share membership or the “more temporary workplace” program in a specific object or in all End objects. You can close your account at any time by sending a request to email@example.com. Please note that if your personal account has been set up by a company, the following options exist:
a. An authorised representative of the company in question may close your personal account at any time by contacting us; and
b. we may close your account even if you continue to be employed or employed by the company in question.
The closure of her account will take effect immediately as soon as it comes in with us. We will not refund amounts already paid when your account closes or cancers, and we may exercise our right to collect outstanding amounts, even if your Smart-Desk-Share membership or your temporary provider Workplace has expired or has been terminated.
§ 19. Our rights
Use of the name Smart-Desk-Share; Photos of the branches. In the sense of the passage, the term “intellectual property” covers.
a. All our business names, trademarks, service marks, slogans, logos, designs, trade statements, images, photographs, contents and other hallmarks, or elements protected as intellectual property;
b. any derivative, modified, manipulated or other versions of these elements and
c. any images or illustrations of parts of Smart-Desk-Share premises, including any premises where Smart-Desk-Share provides services, from Smart-Desk-Share customers, or from intellectual property of Smart-Desk-Share customers.
d. By accessing or using the member network, you will not be given any ownership of our intellectual property.
e. Without our prior written permission, you may not copy, use or acquire any intellectual property contained in the member network if this serves any purpose that constitutes a competition for Smart-Desk-Share or is harmful. For Smart-Desk-Share (which Smart-Desk-Share is at its discretion).
f. You may not use any content, data or other information you receive or access through the Member Network to address any way that, according to Smart-Desk-Share sole discretion, Competition or damage to Smart-Desk-Share could mean contacting those people or entities you find or get to know in connection with your use of the member network.
§ 20. Warranty exclusion and liability restrictions
The services will be provided in accordance with this agreement. To the extent permitted by law, Smart-Desk-Share and the vendors (landlords) in the respective local objects, to our employees and agents, applies:
a. We exclude any express or implicit warranties and conditions relating to services, including warranties, conditions or opinions such as availability, operation, performance and/or use of the Services or other services, contents or materials that are included in or available through the Services, including warranties or conditions regarding marketability, suitability for a specific purpose, Claims, non-infringement of laws or regulations and any implicit warranties, conditions or liability obligations arising in the course of normal business transactions, the fulfillment of the contract or trading practices.
b. We shall not be liable for any indirect damages, additional or other claims for damages, incidental damages, punitive damages or consequential damages, business interruptions or loss of profits, damage caused by lost time, lost time Goodwill or loss of data, which is true even if we have been informed of the possibility of such damages, as well as regardless of the nature of the remedies used and regardless of the nature of the claim, whether for reasons of contract, for unauthorised act, Vulnerable liability or for other reasons. To the fullest extent permitted by law, you declare for yourself and your employees, representatives, participants and guests your waiver of any claims, liability, costs or damages and rights, including the entitlement to the refund Adequate legal fees (“receivables”) to or against us arising from injury or damage, destruction, theft or loss of property, persons or pets, and you release us from any such claims.
c. We are not liable for the actions of others. We are not responsible for the behavior of any other person with whom you come into contact through the use of the services. You should be aware that other users or Smart-Desk-Share members may not always be the people they are posing for. We do not make inquiries about users or Smart-Desk-Share members, nor do we guarantee that the profiles or account data of users or Smart-Desk-Share members are correct. We do not confirm, endorse or verify any facts, opinions or recommendations of users or Smart-Desk-Share members. Should there be an argument between users, we are under no obligation to intervene, mediate between parties or compensate them.
d. We are not liable for third-party products or services. The services can be used to provide you with products, services or advertising by external service providers or by our business partners. We are not responsible for the content of this advertisement or links or for the products, services or other material in connection with products, services, advertising or other material of external service providers. Under no circumstances shall we be directly or indirectly liable to others for any damage or loss associated with the use or reliance on such advertising in or in connection with services or products, services or other material in Connecting with advertising. You agree that our provision of access to third party services or the granting of rebates for such third party services is not a provision of these services by us, and you declare that you are committed to providing the The respective performance of third parties and the reimbursement of any claims to the external service providers in connection with receivables, damages, liability obligations or losses arising in connection with third-party services only to the External service providers concerned.
To the broadest extent permitted by law, the total liability on our part exceeds you or your employees, representatives, participants or guests with respect to any plea and whether due to contractual, unauthorized acts, a Violation of the legal obligation or on the basis of comparable legal concepts does not, under any circumstances, constituent the total amount paid to us under the present agreement in the 12 (12) months prior to the submission of the claim for the product or performance. The claim refers to, to which or she referred. Regardless of the course of action, our liability is for any indirect damages, special claims for damages, ancillary, consequential damages or punitive damages, including loss of profits or Excludes business interruptions or for the costs of any assets, services or technologies used in part. You confirm and agree that you can only initiate or bring steps, lawsuits or proceedings against us within the first (1st) year after the filing of the course of action, whether due to contract, for unauthorized acts, in violation of the legal obligation Or on the basis of comparable legal concepts. It should be added for clarification that nothing in the present agreement excludes our liability in the event of serious negligence or intentional misconduct or fraud or fraudulent misrepresentation.
In some jurisdictions, the exclusion of certain warranties or the exclusion or limitation of liability for consequential or ancillary damages is not permitted. Therefore, the exclusions and restrictions listed above may not apply to you. In this case, such exclusions and restrictions apply to the maximum extent permitted by law.
§ 21. Exemption from liability
To the extent permitted by law, you agree to exempt and indemnify us from any claims, liability obligations, damages and costs, including reasonable legal fees, arising from a Non-compliance with this Agreement by you, your employees or guests or by your or their agents, invitees or pets or as a result of actions or omissions by you or the above. Smart-Desk-Share also retains full control over the defense of such claims. You are responsible for the actions and all damages caused by all persons and pets that invite or carry you or your guests to enter any of the objects. Without our written consent, you are not authorized to make a payment that requires an essential act or admission from us that is an obligation to us or that does not constitute a complete and unconditional waiver from us. Includes. None of us shall be liable for any payments made without prior written consent.
From time to time, we may review actual, probable or potential violations of this Agreement. You agree that you cooperate fully in all such audits. They waive all rights to us and confirm that, in connection with all claims arising from activities in the context of such an examination by us, they shall be held harmless and deplorable.
§ 22. No collective action
Applicable law. This agreement and the transactions provided therein are subject to the applicable laws set out below and will be interpreted below if you are a Smart-Desk-Share member:
I. EU users are subject to the laws of jurisdiction in which your property is located, to the exclusion of conflicting law provisions.
In addition to allowing any party to seek a waivelly-rights remedy in any court, any dispute, disagreement or claim arising as a result of or as a result of this agreement will be due to applicable law or due to the Non-compliance, termination or invalidity of this Agreement arises and in which no amicable agreement can be reached between the parties, shall finally be carried out as follows:
II. For EU users: The arbitration shall be carried out in accordance with the applicable arbitration rules of the jurisdiction in which the dispute, disagreement or claim is present. The arbitration takes place in the jurisdiction in which the dispute in question, the disagreement or the claim is present.
Renunciation of class actions. All proceedings for resolving or resolving disputes are –, independent of the court called – individual arbitration proceedings. Neither you nor we file a class action or lawsuit in which one party appears or offers to do so in proceedings representing others. No procedure will be merged with a different procedure without the prior written consent of all parties who would be affected by such proceedings. You and we continue to agree not to participate in demands made in representative form. Furthermore, you and we do not participate in consolidated receivables that involve the representations of another person if we are parties to the proceedings. You waive the right to stand as a representative or class plaintiff for a class action against us, including the right to a group arbitration or the merging of individual arbitrations.
§ 23. General binding regulations
This Agreement, like all other policies, agreements or regulations published by Smart-Desk-Share or provided to you by Smart-Desk-Share and with the member network, is responsible for specific functions or other policies, agreements or regulations Conrelate to the whole agreement between us in relation to the membership network and it replaces and complements all previous proposals, agreements, agreements and communications.
§ 24. Salvatory Clause
If any provision of this Agreement is found to be invalid, illegal or unenforceable in any form, that provision will only be limited or deleted to the minimum necessary extent, so that the remainder of this Agreement is otherwise unaffected and fully implemented. Scope remains valid and enforceable. If we do not enforce part of this agreement, we will not waive the right to enforce this or any other part of this agreement later. In order for a waiver of compliance with the terms of this Agreement to be binding, we must have written confirmation of this waiver. The failure to enforce the rights of any of the parties under the present agreement at any time or in any period of time does not constitute a waiver of those rights and the exercise of any right or measure does not constitute a waiver of any other Law or any other measure.
Notwithstanding conflicting regulations in the present agreement, this agreement must in no way be construed as providing you with property rights, rights of use, lien rights, shares or the like in our business, objects or contents of our properties. And benefits granted. This agreement does not establish a right in the sense of lease or lease (which also excludes a fixed useful life), no lease ownership or other rights to property ownership. The parties present agreement are independent contractors in respect of the fulfilment of their contractual obligations and this agreement is not considered to establish in any way a fiduciary relationship, a Agency ratio, partnership or joint venture. Neither party will misrepresent our contractual relationship.
You and we are independent contractors and this agreement does not establish an agency relationship, partnership or joint venture, nor does it target such a party.
§ 25. Anti-Money Laundering
You hereby agree and assure that you
a. are familiar with and understand the provisions of all applicable anti-corruption and anti-money laundering laws, including, in particular, the EU Directive (similar directives and laws) on Combating (summarized “Anti-Corruption Laws “), and that you
b. provided that the provisions of such anti-corruption laws, as well as comply with all provisions of relevant national laws and all Smart-Desk-Share policies and measures related to anti-money laundering laws. You agree that you do not violate anti-money laundering laws in connection with transactions you perform or provide in connection with the Services, or let someone knowingly violate those laws, including, for example, Your board members, directors, employees, agents or subsidiaries.
c. You agree to confirm in writing, following the request of Smart-Desk-Share, compliance with anti-money laundering laws and assist Smart-Desk-Share in considering potential violations of such laws.
§ 26. Additional explanations and provisions
The headings of the sections and paragraphs in this agreement are for readability only and have no influence on the interpretation of the sections and paragraphs. Terms in this agreement, such as “underneath,” “such as,” “among other things,” “for example” or “such as,” may be understood by adding them “without restriction.”
They agree to the exclusion of third-party beneficiaries, unless expressly different in that agreement elsewhere.
Certain arrangements under this agreement will remain valid even after you have terminated your agreement regarding your membership or temporary workplace, as well as after the termination of your access to the member network. All conditions which by their nature will remain in place even after the termination of the agreement shall continue after the said termination. Paragraphs 1, 8, 10, 11, 13, 14, 15, 18, 20, 21, 22, 23, 24 shall continue as well as any other provisions of this Agreement which are reasonably expected to be terminated or terminated. Exit from the present agreement.
§ 27. Use of their data
Part of the overall concept, and therefore also of membership, is the commercial publication of their offerings, products, services and services. With their membership, they grant us the right to use your name, trademark and/or logo to provide you as a member of Smart-Desk-Share alongside the registered/Trademark/Logos of other members on a publicly accessible “Membership” – page on our View websites www.smart-desk-share.de as well as on its own media channel and advertising platform. You confirm that from time to time we casually/or your logo casually and/or in connection with advertisements for our and their company, our and their products and our and their services, as well as for the companies, products and services Our partners are allowed to use this during and after the term of this present agreement. If you do not agree to such use, or If you inform us in writing, we will immediately and in good faith make every effort to eliminate or minimize the consequences of disruptive behaviour, as is reasonably possible in the circumstances, you hereby waive all Claims or claims for damages to us that may arise from such a use.
If you have any questions about this agreement, you can contact us at any time by e-mail to firstname.lastname@example.org.