eekox Terms and Conditions

Introduction

eekox provides a platform accessible through our website https://www.eekox.com/ (the "Platform"), which connects flexible workspaces ("Spaces") with individuals or companies ("Customers", "Persons" or "Users") who want to rent such workspaces (the "Service").

The Service allows (a) Spaces to advertise the availability of commercial office space ("Space") by creating and posting listings for such Space on the Platform ("Listings"); and (b) Users to search for and enter into agreements to occupy available Space directly with Spaces (a "Space Agreement").

2. Information About Us

The Service is operated by or on behalf of EEKOX ECOSISTEMAS DE ESPACIOS PROFESIONALES FLEXIBLES, S.L. (hereinafter "eekox", "we", "us" and "our"), Calle de Boix y Morer 11, Bajo D, 28003 Madrid and NIF B05268123.

3. Cookies and Personal Data Processing

Please see our Privacy and Cookie Policy to learn how we collect, use and share information about you.

4. Terms and Conditions of Business

These Terms and Conditions govern the relationship between eekox and the Spaces. Your use of the Service is subject to these Terms and Conditions and, by using the Service, you agree to be bound by them. We recommend that you keep a copy of these Terms and Conditions for future reference.

These Terms and Conditions contain the only terms and conditions that apply to our relationship with you. These will be the standard terms and conditions and the framework governing the relationship between eekox and the Spaces, unless we expressly agree different terms and conditions with you.

We reserve the right to change these Terms and Conditions from time to time, but the most current version of these Terms and Conditions will always be at https://www.eekox.com/XXXXX.

Any changes will take effect on the date we post the new Terms and Conditions on the Platform. Changes will normally occur due to the addition of new features to the Service, changes in legislation or the need to clarify our position on some aspect. They will not affect existing relationships between Spaces and Clients, but will affect new Clients or Spaces subscribing to our Service, or Listings published or Contracts entered into after the changes come into effect.

We will always try to notify you before the new terms and conditions take effect; however, sometimes changes will need to be made immediately and if this happens we will not notify you.

We may, at our discretion, offer incentives to Customers to use the Service. If and when we do so, such incentives may be subject to additional terms and conditions.

5. Creating an Account

You do not need to register to browse the Platform. However, in order to use certain features and functionality of the Service, such as creating a Listing or accepting bookings or reservations in a Space, you must first register with us and create an eekox account (an "Account"). You only need to register once.

To register, you must meet the following minimum eligibility criteria:

  • you must be at least 18 years of age; and

  • be authorized by the company you work for to (i) in the case of a Space Manager, create a listing or (ii) in the case of a Customer, express interest in any Space.

It is your responsibility to ensure that you meet all of the minimum eligibility criteria set out above before registering with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

To register, you must provide us with accurate, complete and current contact information, including, at a minimum, name, email address and any other relevant information we may require for registration.

You are responsible for the information you provide to us, which must be updated in the event of any changes to this information. eekox reserves the right to suspend or terminate your Account and your access to the Service if any information provided proves to be inaccurate.

Registration is subject to eekox's approval and we reserve the right, in our sole and absolute discretion, to reject any application for registration, without giving any reason. If we approve your registration, you will receive a notification at the email address you provided to us when you applied to register an Account.

By registering on behalf of a Space Manager, you must have the necessary authority, power and right to fully bind the legal entity or organization on whose behalf you wish to access the Service. By registering, you represent and warrant to us that you are duly authorized.

When you register, you will be asked to create a user name and password. You must keep your password confidential at all times and use it only to access and use your Account and for no other purpose. You are the only authorized user of your Account and, accordingly, you must not disclose your password to anyone else. You must contact us immediately if you discover any unauthorized use of your Account or an error in the operation of your password. You will be responsible for all activity that occurs under your Account. Any breach of these Terms of Use and/or any use of your Account by any person to whom you disclose your password will be treated as if the breach or use was made by you, and will not relieve you of your obligations to us. We reserve the right to require you to change or replace your passwords at any time in our sole discretion.

Creating a Listing

As a Space Manager, you permit eekox to promote and market your Space on a non-exclusive basis, subject to the terms of these Terms and Conditions.

You may create and upload Listings for a Space on the Service. You will be asked to provide information about the Space, including office type, capacity, price per period (day. Month, year) and/or the price per person or per office (the "Space Fee"), VAT registration details (if any), availability, building address, list of facilities (if any) (such as Wi-Fi, furniture, lockers, showers, rooftop terrace, meeting rooms, 24-hour access, kitchen, bicycle storage, mailing address and disabled or other access), contact number, a description of the building and any other relevant information we may require with respect to your Listing. You may also add photos of the Space.

eekox reserves the right to remove any Listing if:

  • deems the Listing to be objectionable for any reason; or.

  • it considers the Listing to be in violation of the Terms and Conditions; or

  • eekox receives a notice from a third party claiming to have an interest in the Space (e.g. the property owner) that requires eekox to remove the Listing.

eekox also reserves the right, in its sole discretion, to determine the positioning and order of any Listing on the Service.

eekox may make non-material modifications to a Listing, such as correcting any inaccuracies in the information provided about the Space or modifying the description of the Space to conform to the style of other Listings on the Service.

You acknowledge and agree that you are responsible for all Listings you post on the Service. Accordingly, you represent and warrant that you:

  • are the leasehold or freehold owner ("Owner") of any Space you post on the Service; and/or.

  • you have the right, authority or permission from the Owner to advertise such Space;

  • the Space complies with all applicable laws and regulations; and/or

  • the execution of a Contract in relation to the Space in question will not breach any agreement with any third party, including any lease or sublease Agreement

  • the Listing is accurate and truthful and shall set out all fees payable in respect of the use of the Space (including, by way of example, charges relating to the use of the Facilities, service charge)

  • the Space Fees offered through the Service shall be the lowest price available with respect to the Space (to the extent a similar listing is available on the Office Provider's or its affiliates' websites or applications or on any third party website or application in connection with the Space)

  • will promptly respond to any and all inquiries made by eekox and/or a Customer with respect to the Space;

  • you will promptly inform eekox of the terms of any Agreement once entered into with a Customer;

  • You will promptly inform eekox of the terms of any Contract once entered into with a Client;

  • upon eekox's request, You will provide eekox, within 14 calendar days of the request, with all information reasonably requested by eekox in connection with the Space Agreement;

  • during the Chargeable Term (as defined in paragraph 10 below) shall promptly inform eekox of any change in the Rates or the Agreement with respect to the Space;

  • shall keep eekox informed of the current status of the Space and (i) remove the Listing; or (ii) advise eekox in writing if the Space ceases to be available; and

  • will not upload any Prohibited Content (as defined below) in any Listing.

The Space Manager shall indemnify, defend and hold harmless eekox from and against all losses that eekox incurs or suffers, however arising, as a result of or in connection with

  • a breach of the warranties set forth in paragraph 6;

  • breach or negligent performance of any obligation under these terms; and/or

  • any claim brought by a Customer or third party arising out of or in connection with the provision of the Space, to the extent that such claim arises as a result of any breach of these terms by or negligence on the part of the Space or its personnel;

  • any claim brought by an Owner arising out of or in connection with any Listing or Contract entered into with a Client.

7. Additional Services

We may, from time to time, offer additional services to assist Spaces in the creation of Listings, including

  • preparing a description of the Space; and
  • taking photographs of the Space,

(the "Additional Services").

To request any Additional Services, please email us at info@eekox.com. We will inform you of the fees payable to us for performing the Additional Services (the "Additional Services Fees").

We will own any text, images or other materials that we create in the course of providing any Additional Services (the "New Materials"). We grant you a limited, non-sublicensable, non-transferable license to view the New Materials solely in connection with viewing and modifying your Listing. This license is personal to you and you are not permitted to give the New Materials to any other person or use the New Materials for any other purpose, including (without limitation) uploading any New Materials to your or any other website.

8. Service Agreement

When a User wishes to rent a workspace, a Contract is entered into between the User and the Workspace:

  • eekox acts as an intermediary by offering Users of its Platform the ability to access the Space Manager's Services specified on the Platform.

  • By accessing the Platform, the User shall be able to access the Space Manager's Services registered on the Platform.

  • The Space Manager is responsible for setting and establishing the minimum time periods, as well as any other aspect of the services that the User may acquire, except as set out in the following section.

  • The Space Manager is obliged to establish its own conditions for the cancellation of reservations at the time of registering each of the resources. These conditions shall be valid for one year, and in the event of modification after one year, the Space Manager must communicate the modification at least 15 days prior to the effective date of the modification, and reservations made and confirmed prior to such modification shall not be affected.

  • The various Services offered by the Space Manager, and which will be promoted and sold by eekox, may be detailed in the Space Manager control console.

The platform will automatically identify which resources are considered as immediate bookings or pre-bookings based on the following criteria:

  • Immediate booking: Meeting rooms, workstations and offices with hourly or daily rental periods.

  • Pre-booking: Offices and fixed workstations with monthly rental periods and event and training rooms, in any case.

  • The Space Manager will enter its prices in the Space Manager's control console.

  • The Space Manager undertakes to offer through eekox, the same prices that apply directly from its website, price catalog, ads, or Social Network Accounts.

  • The Space Manager undertakes to offer through eekox, the same discounts and promotions that apply directly from its Web, ads, or Social Networking Accounts.

9. Fees

In consideration for the intermediation service provided by eekox, the Space Manager shall pay eekox a 10% fee for the acquisition of the lead, its retention and management costs, based on the prices of the Services published on the Platform.

eekox shall directly manage the collection from the User for the sale of services in the form of immediate booking.

In the case of pre-booking, the Space Manager shall be responsible for collecting payment from users. In this case, eekox shall receive the management fees, up to a maximum of 12 months in the case of fixed offices or booths.

The prices to be paid by eekox to the Space Manager for the contracting of the various Services offered by the latter in the form of immediate booking shall be those entered by the Space Manager on the eekox.com platform.

The Space Manager shall be obliged to issue an invoice to eekox for the services provided in the instant booking mode and for the price of the agreed service, net of commission, at the VAT rate in force at any given time. The rate offered shall include the corresponding VAT or IGIC.

The Space Manager shall invoice eekox monthly in arrears for the total services actually rendered during the month and in accordance with the provisions of the previous paragraph.

eekox shall issue an invoice to the Space Manager in return for the services rendered in the pre-booking mode for the intermediation service rendered, at the VAT rate in force at any given time.

eekox may grant an incentive in respect of the Price of the Space at its own expense. In this case, eekox shall pay part of the Price of the Space on behalf of the Customer.

eekox reserves the right to unify and categorize the prices within the Platform, as well as to transform the prices into credits, not varying in any way the prices of the services entered on the Platform. In this case, eekox reserves the right not to publish the prices set by the Space Manager.

The Space Manager shall notify in writing and at least one month in advance of any change in the prices of its services offered on the platform. Any reservation made and confirmed prior to the date of modification of the aforementioned prices shall maintain the prices established prior to the change.

10. References

We will consider a Customer to have been referred by us through the Service, and our Initial eekox Fee or Monthly eekox Fee will be payable if you enter into a Contract with a Customer and:

  • the Client first contacted the Space Manager, or arranged a first Visit through our Service;

  • we first contacted the Space Manager on behalf of the Client or arranged a first visit on behalf of the Client.

In the event of a dispute, the Space Manager must provide all related information and documentation in support of its position. eekox agrees to review this information, along with its own documented evidence, in good faith, and determine whether the eekox Initial Fee or the eekox Monthly Fee is due. eekox's determination in this regard will be final and binding on the Office Provider.

We may monitor any communications between Spaces and Clients to ensure that they are not attempting to circumvent the Service in order to avoid payment of the eekox Initial Fee or eekox Monthly Fee.

11. Your Right to Use the Service

You agree that you will not use your Account, or allow anyone else to use your Account:

  • to interfere with or disrupt the provision of the Service or use the Service in a manner that interferes with anyone else's use of the Service;

  • to promote any criminal or fraudulent activity or to impersonate any other person; or

  • infringe the rights of any person (including, without limitation, privacy and intellectual property rights); or

  • otherwise violate any acceptable use guidelines that we may post from time to time.

Except to the extent expressly set forth in these Terms and Conditions, you are not permitted to:

  • Download and store the Service, or any content available through the Service on a server or other storage device or create an electronic database by systematically downloading and storing all content from the Service;

  • Delete or modify any content from the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted; or Create links to the Service from any other website, without our prior written consent, although you may link from a website operated by you, provided that the link is not misleading or deceptive and fairly states your destination, without implying that we endorse you, your website or any products or services you offer.

You must always use the Service and anything available on the Service only for lawful purposes (in compliance with all applicable laws and regulations), responsibly and not in a manner that may damage our name or reputation or that of any of our affiliates.

Intellectual Property Rights

All intellectual property rights in the Service and any content available through the Service (including any content, text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. We give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Use.

Your right to use the Service is personal to you and you may not assign it to anyone else. Your right to use the Service does not prevent us from giving others the right to use the Service.

Except as expressly set forth herein, nothing in these Terms and Conditions gives you any rights with respect to intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Service. In the event that you print, copy or store pages from the Service (only to the extent permitted by these Terms of Business), you must ensure that any copyright, trademark or other intellectual property rights notices contained in the original content are reproduced.

13. User Content

You confirm that any images, text or information you upload to the Service, including any reviews you post about Spaces or Clients (collectively, your "User Content"), must not:

  • contain, transmit, distribute, link to or make available, or post or promote any content that infringes any intellectual property or data protection, privacy or other rights of any other person, that is defamatory or in breach of any contractual duty or any obligation of confidence, that is obscene, sexually explicit, threatening, abusive, harassing, inciting violence or hatred, blasphemous, discriminatory (for any reason), likely to cause anxiety, alarm or embarrassment, that is knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");

  • Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;

  • contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam); or

  • transmit or distribute any viruses and/or other code that has contaminating or destructive elements.

We do not claim ownership of any User Content you upload to our Service, and ownership shall remain with you and any third party whose content you include in your User Content. You agree that, by uploading any User Content, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) and/or incorporate it in other works in any form, media or technology, for marketing purposes, and you waive any moral rights you may have in such User Content or to be identified as its author.

Our right to use your User Content in no way affects your privacy rights. Please see our Privacy Policy www.www.eekox.com/privacy-policy which provides information on how we use your personal information.

Although we do not pre-screen User Content, we reserve the right, in our sole discretion, to monitor and remove, edit or modify any User Content submitted by you and/or to close any topic, page, group or remove any Listing at any time without notice to you.

Confidentiality

Each party agrees not to disclose at any time to any person any confidential information concerning the business, affairs, customers or suppliers of the other party, except as permitted in this paragraph.

Each party may disclose the confidential information of the other party

  • To its employees, officers, representatives, subcontractors or consultants who need to know such information in order to perform the party's obligations under these Terms of Business. Each party shall ensure that its employees, officers, representatives, subcontractors or consultants to whom it discloses the other party's confidential information comply with this paragraph and

  • as required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Neither party shall use the other party's Confidential Information for any purpose other than the performance of its obligations under these Terms of Business.

15. Suspension and Termination of Service

eekox may, with or without notice, terminate the relationship with a Space or suspend and/or terminate any Service and/or the use of your Account in the event that

  • you have violated any of these Terms and Conditions;

  • you fail to pay properly billed charges when they are due; or

  • you become insolvent or enter into an arrangement with your creditors or file for your own bankruptcy or a bankruptcy petition is filed against you, or are subject to any event or proceeding that is equivalent or substantially similar under any applicable jurisdiction; or

eekox may also terminate this contractual relationship or terminate any Service and/or your use of your Account provided that we give you reasonable notice of our intent to do so.

If you have breached these Terms of Business, eekox may take such action as eekox deems appropriate. Such breach by you may result in us taking, with or without notice to you, all or any of the following actions

  • issue a warning;

  • immediately, temporarily or permanently remove any content associated with the Space or the Space Manager;

  • immediately, temporarily or permanently withdraw your right to use any Service;

  • take legal action for reimbursement of all recoverable losses and damages resulting from the infringement; and/or

  • disclose all relevant information to law enforcement authorities as we deem reasonably necessary.

The responses described above are not limiting, and eekox may take any other action it deems appropriate.

You may also terminate your Account at any time by sending an email to info@eekox.com and including "Delete Account" in the subject line.

Upon termination of these Terms and Conditions or termination of the Service or your Account for any reason

  • all rights granted to the Space Manager under these Terms and Conditions shall immediately cease;

  • The Space Manager shall immediately discontinue all use of the relevant Service; and

  • shall settle any outstanding amounts due to eekox.

Our liability

Nothing in these Terms of Business shall limit or exclude eekox's liability to the Space Manager:

  • for death or personal injury caused by the negligence of eekox;

  • for fraudulent misrepresentation;

  • for any other liability which, by law, cannot be limited or excluded.

In no event shall eekox be liable to the Space Manager for indirect or consequential losses, or for any loss of profits, revenue, Contracts, data, goodwill or other similar losses. In any event, any liability we have for losses incurred by the Space Manager arising out of these Terms and Conditions shall not exceed the charges payable by it for the Service for that 12 month period and is strictly limited to losses that are reasonably foreseeable. To the extent that the Manager has not paid us anything, we shall have no liability to it.

eekox shall not be liable for any failure or delay in the performance of any of its obligations under these Terms and Conditions which is caused by force majeure or events beyond our reasonable control.

eekox may, with or without notice, temporarily suspend the operation of the Service and/or the Platform (in whole or in part) for repair or maintenance work or to update or improve any content, features or functionality. In addition, due to the nature of the Internet and technology, the Service is unfortunately provided on an "as available" and "as is" basis. This means that we cannot guarantee that your use of the Service will be uninterrupted, without delay, error-free or that it will meet your expectations, excluding any commitments that may be implied by law.

As eekox is not a party to any agreement entered into between Spaces and Customers in connection with any Space, we shall have no liability with respect to the Space or the Space Agreement, including

  • if applicable, any failure to pay any Space Fees or other charges payable by the Customer to the Office Provider;

  • any damage to any Space caused by a Customer or any other person;

  • any loss suffered by the Customer as a result of the unsuitability or any defect in the Space.

Although we try to ensure that all information provided through the Service (other than any User Content) is correct, we cannot, in any event, guarantee its truthfulness and accuracy. You should always consult with us or the relevant information source before acting on any such information. In addition, since we do not own or produce any User Content or any other third party content made available on our Service, we cannot be responsible for it in any way. You agree that your use of any content made available to you on the Service is on an "as is" and "as available" basis and at your own risk.

Except as expressly provided herein, we do not make or give any representations or warranties as to the accuracy, completeness, timeliness, correctness, reliability, integrity, quality, fitness for purpose or originality of any content on the Service and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Service or relying on any of its content.

We cannot and do not guarantee or warrant that any content on the Service is free of viruses and/or other code that may contain contaminating or destructive elements. It is your responsibility to implement appropriate computer security safeguards (including anti-virus and other security controls) to satisfy your particular requirements for content security and reliability.

17. Complaints, Notices and Content Removal Policy

Complaints about any User Content, or any other content available through the Service, should be sent to info@eekox.com and should contain details of the specific User Content giving rise to the complaint.

Any person may contact us by submitting a notice (an "Infringement Notice") if any User Content or other content available through the Service infringes their rights. The Infringement Notice should be sent by email to info@eekox.com. In the Infringement Notice you must provide the following information

  • your name and contact information

  • a statement explaining in sufficient detail why you believe the content available through the Service infringes your rights or violates these Terms of Business; and

  • a link or other means of identifying the problematic content.

We will take such action as we deem appropriate depending on the nature of the Notice of Infringement or complaint, and we will endeavor to respond to you within a reasonable period of time as to the action we intend to take.

The Service may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include them to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or what they provide and do not guarantee that they will be available on an ongoing basis. Our inclusion of links to such external sites does not imply any endorsement or association with their operators or promoters.

The Service may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include them to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or what they provide and do not guarantee that they will be available on an ongoing basis. Our inclusion of links to such external sites does not imply any endorsement or association with their operators or promoters.

19. Changes to the Service

We may change and improve the format and content of the Service from time to time, to offer you new and innovative features and services and to reflect evolving technologies, tastes, behaviors and the way people use the Internet and the Service.

To do so, we may need to update, adjust, discontinue and/or support a particular part of the Service, or a feature related to the Service ("changes to the Service"). These changes to the Service may affect your previous activities on the Service, the features you use, your User Content, and any other information you submit to the Service ("Service Elements"). Any changes to the Service may involve the deletion or resetting of your Service Elements.

You agree that a key feature of the Service is that changes to the Service will occur over time and this is an important basis on which we grant you access to the Service. Once we have made changes to any part of the Service, your continued use of the Service will demonstrate that you have accepted the changes made to the Service. You are always free to stop using the Service.

20. General

You may not transfer or assign any or all of your rights or obligations under these Terms and Conditions.

All notices by you to eekox must be sent in writing to the address set forth at the end of these Terms of Business. eekox may notify you at the email address or mailing address you provided to eekox when you registered on the Platform.

If eekox does not enforce any of its rights, that does not constitute a waiver of that right.

If any provision of these Terms and Conditions of Business is held to be unenforceable, all other provisions shall not be affected.

These Terms and Conditions may not be modified except with the express written consent of eekox.

These Terms and Conditions of Business shall be governed by Spanish law. You agree that any dispute between you and eekox in relation to these Terms and Conditions or any agreement shall only be under the jurisdiction of the Spanish courts.