Aion is a platform through which space providers create listings for spaces (“Space Providers”) and users (“Users”) may learn about and book such workspaces through the website http://kowrk.com (the “Site”). Aion is not a party to any agreements entered into between space providers and users, nor is Aion a real estate broker, agent or insurer. Aion has no control over the conduct of space providers, users of Service and other users of the Site, application or any spaces, and disclaims all liability in this regard.
If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the Site.
By accessing or using any part of the Service, you acknowledge that you, as a User of the Service, have read, understand and agree to be bound by all the Terms and Conditions. Use of the Service is expressly conditioned upon your acceptance of the following Terms and Conditions.
Use of Service
1. You may use the Service to book office work space listed on the Site by various Service Providers. Upon registering as a User, You are granted a prepaid usage license to use the space, and amenities provided by the respective Space Provider. Such usage of space and amenities shall be subject to a separate agreement between you and Space Provider.
2. You shall not use the Services to promote pyramid schemes, chain letters, junk email, spamming, or any unsolicited messages (commercial or otherwise);
3. You shall not use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
4. You shall not use the Service to distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information on or through Site registration details.
5. You shall not upload files that contain, without limitation, viruses, Trojan Horses, Worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another User. Download any file 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.
6. You shall not violate any applicable laws or regulations;
7. You shall not create a false identity for the purpose of misleading others;
8. You shall not in any manner damage, disable, overburden, or impair any Space Provider’s server, building or property or interfere with any other User’s use and enjoyment of any Services;
9. You 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.
Intellectual Property Rights
You acknowledge that all materials on the Service, including the Site design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Aion and/or its licensors, and are subject to and protected by Indian and international copyright, trademark, patent, trade secret laws and other intellectual property or proprietary rights laws. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners.
You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Aion. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) reflected on the Site are the sole property of Aion and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Aion and/or its licensors. Aion reserves the right to enforce its intellectual property rights to the fullest extent of the law.
You acknowledge and agree that nothing in these Terms and Conditions or your participation or use of the Service will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Aion, Space Provider or any other User of the Service and / or Space Provider’s premises.
Representations and Warranties
You acknowledge that you are participating in or using the Service at your own free will and decision. You acknowledge that Aion does not have any liability with respect to your access, participation in, use of the Service or the Space Providers’ premises, or any loss of information resulting from such participation or use.
You shall, during and after the participation in and use of the Service, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Aion.
You acknowledge and agree that during your participation in 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 Aion or any Space Provider or User of the Services or any employee affiliate, or agent thereof that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents prepared by Space Provider(s) or other Users or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential. Your participation in and/or use of the Service and/or Space Provider’s premises obligates you to maintain all Confidential Information in strict confidence and not to disclose Confidential Information to any third parties. All Confidential Information remains the sole and exclusive property of the respective disclosing party.
Indemnification and Limitation of Liability
You shall indemnify and keep Aion indemnified and harmless at all times against any claims, suits or actions (including but not limited to suits, claims, or actions related to infringement of copy right, trade mark, patents, any intellectual property or any other law) made by any third party and/or any liabilities, expenses, costs, loss or damage of any nature whatsoever (including legal costs incurred by Aion) and breach of confidentiality obligations, which may be caused to, brought against, suffered or incurred by Aion on account of any direct or indirect act of omission or commission, fraud, negligence, default, failure or breach on the part of you of these Terms and Conditions or to carry out any obligation arising out of or in relation to these Terms and Conditions. This clause/condition/indemnity shall survive the termination or expiry of these Terms and Conditions.
Except for indemnification obligations above-mentioned, neither party shall be liable for any indirect damages of any type whatsoever, including but not limited to, special, incidental, consequential or punitive damages or loss of profits
Aion will not be held liable for any loss, damage caused when accessing the Site.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Aion provides the Service “as is” and hereby disclaims with respect to the Service all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence.
Third-Party Disputes Where a dispute occurs between you and the Space Provider, who you have approached based on the listing on the Site, Aion is in no way responsible or liable for such dispute. The parties to the dispute shall endeavour to resolve such disputes by themselves as agreed upon between the respective parties and in accordance with law.
Please refer to the Membership Form for fee structure to use Space Providers premises.
Governing Law and Jurisdiction
The Terms shall be governed by the laws of India. The parties shall be subject to the exclusive jurisdiction of the courts in New Delhi.
Aion shall have the right to terminate your account in the event of a breach of any of the Terms and Conditions stipulated herein. Aion may also terminate your account with immediate effect upon receiving notification from Space Provider. You may discontinue use of the Service at any time, for any reason whatsoever. Upon discontinuance of use/termination for any reason, Aion shall have the right to delete all data/information related to you from the database.
For contractual purposes, you consent to receive communications from us in electronic form on the email address provided by you at the time of registration. You further acknowledge and agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.