INFINITSPACE MEMBER NETWORK TERMS OF SERVICE

 

Last reviewed: 23 December 2021

 

This Terms of Service belongs to infinitSpace Holding BV, with registered and trading address at Fahrenheitstraat 99, 1097 PP Amsterdam, The Netherlands and registered with the Dutch Chamber of Commerce under number 80915876.

 

You can contact us via:

  • Email address: info@infinitspace.com
  • The contact form on our websites or by using the “Report an issue” feature in the Community App
  • Telephone number: +31 624647737

In this policy, "we", "us" and "our" refer to infinitSpace Holding BV (or one or more of its current or future affiliates) as a provider and as a controller of personal data.

 

General

  1. Overview. Certain services provided by us or its current or future affiliates (together, “infinitSpace”, “we” or “us”) may require that a user (“User” or “you”) register for and maintain an account (“Account”) to use or access certain features of your membership. These terms of use (the “Terms of Use”) describe your rights and obligations in connection with your use of the application (the “Community App”). Please read these Terms of Use carefully, as they affect your legal rights.

THESE TERMS OF USE INCLUDE PROVISIONS REGARDING FUTURE CHANGES TO THE TERMS HEREIN, LIMITATIONS OF LIABILITY, WAIVER OF CLASS ACTIONS, AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. BY ACCESSING OR USING THE COMMUNITY APP IN ANY WAY, YOU ARE AGREEING TO ABIDE AND BE BOUND BY THESE TERMS OF USE.

For clarity, these Terms of Use apply to your use of the Community App and set out the general requirements applicable to your applicable Member Account. The terms governing your use of our physical space or payment in respect of your access to Member locations shall be the terms and conditions you agreed to and/or signed in connection with such membership (each, the “Terms and Conditions”).

  1. Additional policies, terms and services. You acknowledge that your use of the Community App is also subject to our Global Privacy Policy, available at www.infinitspace.com/privacy-policy. If you have any questions about our privacy practices, please contact us at info@infinitspace.com. Occasionally, additional features, tools or services may be made available to you through the Community App. Additional terms may apply to such additional services, and to the extent you are receiving any additional services, the applicable additional terms are hereby incorporated into these Terms of Use.
  1. Who we are. Who we are for purposes of these Terms of Use is infinitSpace Holding BV or one or more of its current or future affiliates. We reserve the right to change the legal entity responsible for this Community App.
  1. Who you are. References to “you,” “your”, or “Member” and similar words in these Terms of Use refer to the individual registering or registered by a primary account holder for an Account for any of the membership products and therefore you agree to be bound by these Terms of Use. A company or entity member is responsible for the compliance of each of its individual members (e.g. its employees, contractors, and other service providers), pursuant to the Terms and Conditions applicable to such company or entity’s membership agreement. By agreeing to these Terms of Use, you are confirming that you are using the Community App for business purposes and not as a consumer (as defined in Regulation 4 of the UK Consumer Contracts Regulations or similar regulations in the jurisdiction in which you are located).
  1. What the Community App is not. As used in these Terms of Use, “Community App” does not include, and we are not involved in or liable for, the provision of any products or services by third parties (including other Members) (“Third Party Services”) that you may encounter through the use of the Community App or that you may elect to purchase in connection with your Membership. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. The Third Party Service Providers’ terms and conditions will control with respect to the relevant Third Party Services.
  1. How we might change these Terms of Use. The availability of the Community App and the content and services you access or use through the Community App are subject to change from time to time in our sole discretion, and we may change, suspend, or discontinue all or part of the Community App at any time in our sole discretion in accordance with applicable law. From time to time, we may also make modifications, deletions or additions to these Terms of Use. To the extent permitted by law, we may also impose limits on or restrict your access to the Community App without notice or liability. If we make changes to these Terms of Use, where required by law, or at our discretion, we will post the changes to these Terms of Use or to the services we provide that apply to you by emailing the last email address provided by you in your profile or by posting a notice on the Community App at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms of Use were last revised. Such notice will set out the new clause, or the amended clause and how it reads formerly, and the date on which the change will come into effect. Most changes will be effective within 30 days of notice unless otherwise permitted by applicable law. You may refuse the amendment and rescind, or cancel your Account without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued use of the Community App following the date specified in such notice of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Community App going forward. Your use of the Community App is subject to the Terms of Use in effect at the time of such use.

 

Creating Your Community App Account

  1. Eligibility. You must be at least the age of legal majority in your jurisdiction to use any services that require payment by you (as applicable, the “Eligibility Age”). Further restrictions may apply as set forth in the Terms and Conditions. No one under the Eligibility Age may use the Community App or provide any personal information through the Community App (e.g., name, address, telephone number or email address). You agree to provide us with accurate and complete information about yourself when you register for an Account and as you use the Community App. By using the Community App in any way, you represent and warrant that you meet the requirements in these Terms of Use or as otherwise specified by us from time to time, including the Eligibility Age.
  1. Passwords. Do not reveal your Account password or other access credentials to anyone else (or let them use your Account), even if such other individual is associated with your company. You are responsible for maintaining the confidentiality of your password and security of your Account. If you believe someone may have used your Account without your authorization, please change your password and contact us by using the “Report an issue” feature in the Community App. You are responsible for all actions in connection with your Account, regardless of whether you authorized such actions. Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of us or others due to such unauthorized use.
  1. Content. The information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Community App (collectively, “Content”) are contributed by us, our partners, and various third parties. The Content and the Community App are protected by the laws of the United Kingdom and international copyright laws. We and our licensors retain all proprietary rights in the Community App and the Content made available on or through the Community App, except as expressly set forth in these Terms of Use, no rights are granted to any Content. As between us, our content includes the name infinitSpace and Beyond and any pictures or illustrations of our locations, which are subject to the terms of Section 10 below and may not be used for advertising, publicity or any other purpose without our prior consent.
  1. Intellectual Property.

Ownership. As between you and us, we own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to (a) the Community App; (b) all related software and technology used by us to provide Community App features and functionality and (c) all usage and other data generated or collected in connection with the use thereof.

License Grant. By downloading this Community App, subject to your compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable, revocable license to install and use the Community App on a compatible mobile device that you own or control for your use, in each case in the manner enabled by us, for so long as you remain in good standing with your applicable membership. Subject to these Terms of Use, we grant each user of the Community App a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Community App. You do not acquire any ownership rights in or to any of our intellectual property by accessing or using the Community App.

License Restrictions. Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of any of the foregoing, including without limitation, the Community App and Content. In addition, you agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas, algorithms or trade secrets of the Community App or any other software or technology of ours, except to the extent expressly required by applicable statutory law. You may not take, copy or use for any purpose (a) the name “infinitSpace”, “beyond” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property; (b) any modified, altered or similar versions of the same or (c) any pictures or illustrations of any portion of any our properties, including any properties on which we provide any services (“Premises”), for any purpose, including any competitive purposes, without our prior consent. You may not use any Content, data or other information you receive or access in connection with the Community App to solicit any of our customers or partners, or other individuals or entities you encounter in connection with your use of the Community App, in a manner that could be considered competitive or harmful to us, as determined by us in our discretion.

  1. Advertisements. In using the Community App, you may encounter advertisements for Third Party Services by Third Party Services Providers and our other business partners, which may be targeted to you based on certain information you provide to us or that we collect based on your use of the Community App or other services. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the Community App, you agree that we, such Third Party Service Providers and our other business partners may provide you with such advertising from time to time.

 

Mobile Services and Data Charges.

  1. Data Charges. The services provided in connection with the Community App may include certain services available via your mobile phone, including but not limited to (i) the ability to book and/or purchase desks and conference rooms via your mobile phone, (ii) the ability to receive messages related to your applicable membership, including by email, text and push notifications, and to reply to certain such messages, (iii) the ability to browse our offerings from your mobile phone and (iv) the ability to access certain features related to your applicable membership through the Community App (collectively, the “Mobile Services”). We do not charge for these Mobile Services, however, your carrier’s normal messaging, data and other rates and fees will still apply.
  1. Device and Carrier Compatibility. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device.

 

Account termination

  1. Community App Account for our services; termination. An Account is required to access and use certain services, so you may not be able to terminate your Account while you intend to continue receiving such services. In the event that you do want to terminate your Account, you acknowledge and agree that you are giving up your ability to access and use any of our services requiring an Account. You can terminate your Community App Account by using the “Report an issue” feature in the Community App for all other Members.
  1. Termination by us. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms of Use or any other of our policies, rules or guidelines, or at any other time when we in our discretion see fit to do so, we may, at our sole discretion, restrict your access to your Account and the Community App and/or terminate your Account or your membership with immediate effect and possibly without prior notice to you. If your membership or your company’s membership expires or is terminated, and you do not enter into a different membership, either directly or through another company, we may terminate your Account, as well as all other accounts associated with you or your business, if any.
  1. Waiver of claims. The Community App is provided “AS IS”. To the extent permitted by law, us and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Parties”) (i) disclaim all warranties and terms, express or implied, with respect to the Community App.

 

Indemnification

  1. You agree to hold us harmless. To the extent permitted by law, you will indemnify and hold harmless the Parties from and against any and all Claims resulting from any breach of these Terms of Use by you or your employees or guests, or your or their agents or invitees or any of your or their actions or omissions, and we will have sole control over the defense of any such Claims. You shall not make any settlement that requires a material act or admission by any of the Parties, imposes any obligation upon any of the Parties or does not contain a full and unconditional release of the Parties, without our written consent. None of the Parties shall be liable for any settlement made without its prior written consent.
  1. You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these Terms of Use. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
  1. Governing law and disputes
  2. Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under English law.
  3. Venue. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the English courts.

 

Miscellaneous

  1. Entire Agreement. These Terms of Use as well as any feature-specific or other guidelines, terms or rules that may be posted or provided to you by us and related to the Community App constitute the entire agreement between us regarding the Community App and supersedes and merges any prior proposals, understandings and contemporaneous communications.