Terms and Conditions (“Terms”)
We know that these can be long and boring but we really want Birdnest Members to have a great experience!
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website, any Birdnest Spaces (not limited to Co-Working Locations, Meeting Rooms, or any Spaces) collectively called “Birdnest Products” (the “Service”) operated by Birdnest Inc. (“Us”, “We”, Or “Our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, your employees, agents, guests, invitees, contractos, subcontractos and others who access or use the Service.
By accessing or using the Service you agree and cause your visitors, users, your employees, agents, guests, invitees, contractos, subcontractos and others who access or use the Service to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By using the Service you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Service. The Service is not available to persons under the age of 18. By using the Service, you represent and warrant that you are at least 18 years old. When using the Service, you agree to comply with all applicable laws of the nation, the country, state, province, and city in which you are present while using the Service. We reserve the right to modify, cancel and limit any promotion or offer
1) Use of Service: You agree and will abide by the rules below when participating in or using the Service:
You will not use the Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including Building Owners and Building Tenants;
You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or of the Service;
You will not 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 as limitation, 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;
You will not use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
You will not 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;
You will not download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
You will not restrict or inhibit any other user from using and enjoying the Service;
You will not violate any code of conduct of other guidelines which may be applicable for any particular Service
You will not harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
You will only have more than the maximum number allowed in a Birdnest Space
You may not sublicense, assign, transfer any interest in these Terms or allow any third party to use any portion of the Space, without Our prior consent.
You will not stay in a Birdnest Spaces location beyond the allocated time purchased and will honor the times you have purchased by not loitering in the halls or the building of a Birdnest Space.
You will not use the Service for any illegal or inappropriate purposes, including but not limited to any type of skating (ex: roller-skating, skateboarding, roller-blading), exercising (ex: jump roping, etc.), spitting, smoking, alcohol use, gambling or prostitution, pornography, sexual activity, drug use, violent or threatening behavior, or any other purpose reasonably likely to reflect negatively on the Service, Birdnest, Birdnest Spaces, the Building and Building Tenants.
Smoking in any of Our spaces is not allowed.
Any naked flames (candles, incense sticks, etc.) are not allowed in Birdnest Spaces.
Only service or assistance animals, which are harnessed, leashed, or tethered, or controlled through voice, signal, or other effective controls at all times are allowed in a Birdnest Space. Proper documentation is required.
Creation of excess noise or conducting any activities that cause any disturbances, at the discretion of a Us and/or Building Owner / Manager’s judgment, at Birdnest Spaces to Birdnest clients, guests, or Building tenants is not allowed.
Use of the Service for sending or storing any unlawful material or for fraudulent purposes is prohibited.
The installation, removal or modification of any fixtures, equipment, machinery or appliances (such as tables, lamps, modems, etc.) in Birdnest Spaces is not allowed.
The Service cannot be used to cause nuisance, harassment, annoyance or inconvenience.
You will only use an access point or wireless internet connection which you are authorized to use. When using the internet within Birdnest Spaces, you can only use it for lawful purposes and will not harm the network. You shall not use it for purposes of any criminal acts, consumer fraud, etc.
Do not harm the Service and Birdnest Spaces in any way whatsoever; this is not limited to the network, fixtures, Building Owner, Building Tenants, guest, etc …
Written permission from Us is required to copy or distribute any content from the Service.
You will not loiter, take calls and/or meetings outside in the hallways at Birdnest Spaces locations.
The Service is only allowed to be used for lawful purposes.
All additional regulations regarding the Birdnest Spaces that may be communicated through the Website, posted signs, email, or other means must be followed.
You are responsible for leaving Birdnest Spaces in a clean and tidy condition, this includes placing garbage in the correct bins, cleaning after spills, etc.
We nor any Building Owner is responsible for any property you may leave behind in a Birdnest Space. You are responsible that you have taken all of your personal items with you prior to leaving a Birdnest Space.
For any damages to a Birdnest Space and items inside, you may be held liable for the repair cost (and authorize Us to charge you).
For any items that are taken from a Birdnest Space, you may be held liable (and authorize Us to charge you).
You will only use your password for the Service for your own use and will not resell or transfer it to a third party.
You must keep secure and confidential your account password or any identification we provide you which allows access to the Birdnest Spaces.
You must provide Us and/or the Building Owner and/or Building Management with whatever proof of identity we/they may reasonably request (such a confirmation notice to access the Birdnest Space).
While using Birdnest Spaces you must wear appropriate clothing to the building’s situation.
There is a capacity limit to the number of individuals permitted in a Birdnest Space at any given time. The limit is posted on the website, inside a Birdnest Space, or other means. You agree that you will not go above the capacity limit.
You consent to the use of sensors by Us to track the location of various items in Birdnest Spaces.
You hereby consent the use the cameras/sensors to monitor who is entering and exiting Birdnest Spaces to ensure that we can maintain security
You may only conduct business in your name. You shall not put up any signs on the doors to the Space or Building or anywhere else, which are visible from outside the Space you are using, or the Building.
You shall not place any additional locks or bolts of any kind upon any of the doors or windows of the Space or Building nor make any changes to existing locks or the mechanisms thereof.
Any keys or entry cards for the Space or the Building, which We let you use, remain Our property at all times. You shall not make any copies of them or allow anyone else to use them without Our consent. Any loss of keys or entry cards must be reported to the Us immediately, and you must pay the cost of replacement keys or cards and or changing locks, if required by Us.
You agree not to exceed the Maximum Occupancy of the Space.
You shall not make alterations, additions or improvements to the Space, including the installation of lighting or any phone or data lines.
You shall not generate, store, install, dispose of or otherwise handle any hazardous materials in the Space, or in or around the Building, in any manner contrary to any applicable law. You shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous materials released by you or your Invitees.
You further acknowledge that your use of the Service does not constitute Us or the Building Owner granting you a lease. Rather it is a limited, revocable, non-exclusive, non-transferable contractual license on the terms of these Terms. In its sole discretion and without limiting any of Birdnest Inc.’s other rights hereunder, We may restrict your access to Birdnest Spaces in the event of fraud, trespassing, or violation of these Terms.
2) We reserves the right:
At all times to disclose any information about you, your participation in and use of the Service as Birdnest Inc. 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 Birdnest Inc.’s sole discretion.
3) Participation In or Use of Service
You acknowledge that you are participating in or using the Service at your own free will and decision. You acknowledge that We do not have any liability with respect to your access, participation in, use of the Service, or any loss of information resulting from such participation or use.
4) Repair and Cleaning Fee
You are responsible for the cost of repair for damage to, or necessary cleaning of, Birdnest Spaces resulting from your violation of these Terms or your use of the Service in excess of normal “wear and tear.” In the event that We, in its reasonable discretion, determines that excessive repair or cleaning is required, We reserves the right to charge the payment method designated in your Account, payment method you paid with before or send you an invoice for the reasonable cost of such repair and/or cleaning, as well as an additional service fee. Any such amounts are non-refundable and at the reasonable discretion of Us.
5) Disclaimer of Warranties.
To the maximum extent permitted by applicable law, We provides the Service “as is” and with all faults, and hereby disclaim with respect to the Service 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 Service, remains with you. We are not responsible for any delays, delivery failures, or other damages due to the delays with the internet. All of Birdnest Spaces will be provided on an “As Is” basis. You acknowledge and agree that the any and all risks that arise out of the use of Birdnest Spaces, the website, or any other Birdnest Inc. services and or products remains solely with you to the maximum extent permitted by law.
6) Exclusion of Incidental, Consequential and Certain Other Damages.
To the maximum extent permitted by applicable law, in no event shall Birdnest Inc. or its subsidiaries (whether or not wholly-owned), Building Owners, 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 Service, 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 Birdnest Inc., and even if Birdnest Inc. has been advised of the possibility of such damages. You are liable for any damage caused by you or your Invitees to the Space, Our Personal Property or the Building. YOU DISCLAIM AND WAIVE ALL WARRANTIES WITH RESPECT TO OUR PROPERTY, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7) Limitation of Liability and Remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Birdnest Inc. or its subsidiaries (whether or not wholly-owned), affiliates, Building Owners, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 5 and 6 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
We reserves the right to terminate any Service at any time. We further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with these Terms.
You release, and hereby agree to indemnify, defend and save Us and Our subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, and applicable Building Owners, 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, violation or breach of any applicable law or regulations, willful misconduct and fraud in connection with the participation in or use of the Services, or violation of any rights of any third party. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Birdnest Inc., Building Owners, or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of these Terms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
11) Purchases, Subscriptions / Recurring Payments, Pricing, Deposits, Moving Out, Refunds, Other Fees
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your Name, Picture, Address and Credit Card Information. All Credit Card information is not handled by Us but by a third party. One time purchases are not refundable and expire according to the specific service purchased.
Subscriptions / Recurring Payments
Our spaces are billed are billed on a subscription / recurring basis (“Subscription(s)”). Unless you notify Us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual, quarterly, semi-annual, or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Subscriptions can be canceled at any time by emailing us.
While we don’t want increase the price of our spaces, due to one resason or another (end of a promotion pricing, etc.) there might be a time when we will need to increase the price of our space. We reserve the right to review the price every month and increase or decrease the price of the space. We will notify you 30 days in-advance of an expected increase or decrease in price. At that time if you agree to the increase or decrease to the price you are welcome to stay our space! If not we will work on helping you find another Birdnest Space that fits your needs and will have to ask you to vacate the space at the end of your reservation.
We require a deposit for our spaces. The deposit can be used to cover charges that you are obligated to pay, such a one monthly payment for moving out early / without providing 30 day notice, damages, other incidental, and or late-fee.
We require 30 day notice prior to vacating a space. If you do not provide us with 30 day prior notice, you will be charged for cost of the full month.
If for what ever reason your payment is late or does not go through, we reserve the right to add a 10% charge.
All fees are non-refundable. All fees must be paid in the official local currency of the location of your contracting entity or as otherwise specified by Us.
We reserve the right to charge other fees such as a move in / move out fee.
12) Cancellation Policy
For hourly bookings: You may cancel or change a Birdnest Spaces reservation up until 24 hours before it begins. This is free of charge, however, within 24 hours of the start time, it is no longer possible to cancel, shorten or move your reservation and as such you will be billed for the entire reservation.
For monthly bookings: You may cancel or change a Birdnest Spaces reservation up until one month (30 days) before it begins. This is free of charge, however, within one month (30 days) of the start time, it is no longer possible to cancel, shorten or move your reservation and as such you will be billed for the entire reservation. If you are currently occuping a space you must provide us with 30 day notice that you will be vacating a space / cancelling the agreement. If you do not, you will be charged for cost of the full month.
13) Links To Other Websites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
16) Contact Us.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
17) Entering the premise.
We reserve the right to enter the premise at our sole discretion (for repairs, show the unit, etc.). We will try to notify you 24 hours prior to entry and will try to work with you to find the best time for entry.
18) Mail and Packages
We, the building, or the building management are not responsible for any mail or packages that are delivered to any Birdnest Spaces location.
19) Taking care of the space
You must take good care of and not damage, waste or make any changes to the Space or space leased or owned by Us or the Building. You shall not alter, add, replace, remove or damage any furnishings, equipment or other personal property located in, on or around the Space or Building which is not owned by you or your Invitees. At the expiration or earlier termination of this Agreement, you must deliver the space and all Our property in good condition, normal wear and tear excepted. If any damage (beyond normal wear and tear) to the Space or Our property should occur while in your care, custody or control, you agree to pay reasonable repair/replacement costs and to notify Us immediately upon discovery of such damage occurring, but no later than 8 hours later.