Terms and Conditions
General Terms and Conditions
General In consideration for the mutual benefits exchanged by CoWorkanagan (the “Company”) and the undersigned (“You”, the “Member”, collectively the “Parties”), the Parties hereby agree, warrant, consent and covenant to the following terms, conditions and representations:
1. Behaviour The Member agrees to conduct himself or herself according to the policies that the Company implements from time to time regarding personal behaviour in the coworking space located at 3799 Lakeshore Rd. At the Company’s sole discretion, your membership at the coworking space may be terminated for behaviour that violates any such policies.
2. Membership Details You are subscribing to one of the following membership categories at the Company’s coworking space: Three Days, One Month, Three Months, or Six Months.
3. No Tenancy The Company provides coworking services on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law. You hereby understand, agree and warrant that you are not a tenant and the Company is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the Province of British Columbia or otherwise.
4. No Residency CoWorkanagan is a commercial facility. Using the location or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at CoWorkanagan.
5. Termination You agree not to use CoWorkanagan for any purpose that is unlawful, prohibited, or that could damage, disable or impair the property of the Company or of other members, or prevents other members from enjoying CoWorkanagan, or that would damage the reputation or business of the Company and the coworking space.
You also agree not to use CoWorkanagan in connection with:
(a) Lottery contests, chain letters, junk email, spamming or similar behaviour;
(b) Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
(c) Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
(d) Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and
(e) Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of the coworking space or another member.
6. Changes The rules and policies of CoWorkanagan may change from time to time. We will notify members of material changes.
7. Non-Disclosure In your presence at CoWorkanagan, you may learn of confidential information of the Company or of its members. Such confidential information may include business information, trade secrets, technology, processes, customers and prospects that is intended to be confidential and proprietary. You hereby agree and consent to not disclose information that you obtain that was intended to remain confidential.
8. Repairs and Maintenance The Company shall maintain the coworking space in good repair and working order. If you notice any problems requiring repair, please notify the Company and it shall be remedied promptly.
9. Liability You hereby waive and hold harmless the Company, its members, officers, directors, shareholders, contractors and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses you suffer to your person or property, whatsoever, including as a result of negligence or gross negligence on the part of the Releasees, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost 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 loss) arising out of or in any way related to the Company’s services or otherwise.
10. General This agreement may not be assigned without the prior written consent of the Company. The laws of the Province of British Columbia shall govern the terms of this agreement any disputes between the Parties. The Parties hereby attorn to the courts in the City of Kelowna. In the event that a provision in this agreement is determined to be invalid or unenforceable, the remaining provisions of this agreement shall be unaffected and shall remain in full force and effect.
11. Mutual Termination Either party must give 14 days notice along with payment of a $100 cancellation fee (for member), unless with just cause.