Terms & Conditions – Geek Space Private Limited

Latest as of: 1st July 2024

Terms. Geek Space. (“we” or “us”) owns and operates the website at geek-space.in (the “Site”), where you can find information about our products and services. These Website Terms and Conditions (the “Website Terms”) describe the rights and obligations of an unregistered website user or visitor (“user” or “you”) in connection with your use of the Site. By accessing or using the Site in any way, including as an unregistered website visitor, you agree to be bound by these Website Terms and our Privacy Policy, which is available on the Site. These Website Terms apply only to your use of the Site, and the content made available on or through the Site, as an unregistered website user or visitor. From time to time, we may make modifications, deletions or additions to the Site or these Website Terms. Your continued use of the site following the posting of any changes to the Website Terms constitutes acceptance of those changes.

Who we are.  Who we are for purposes of this Agreement is the Geek Space Pvt Ltd entity. We reserve the right to change the legal entity that charges you for your Membership, if applicable, and will notify you of such changes.  Additionally, the Services may be provided by the Geek Space entity or one of our subsidiaries or affiliates. The relevant entity with which you enter into this Agreement shall be known in this Agreement as “we”, “our” “us” or “Geek Space” and shall be designated on your invoice.  For all other inquiries, including legal notices, please contact the Geek Space office address noted below in the footer of this website.

Content. The text, images, videos, audio clips, software and other content generated, provided, or otherwise made accessible on or through the Site (collectively, “Content”) are contributed by us and our licensors. We and our licensors retain all proprietary rights in the Site and the Content made available on or through the Site, and, except as expressly set forth in these Website Terms, no rights are granted to any Content. Subject to these Website Terms, we grant each user of the site a worldwide, non-exclusive, non-sub-licensable and non-transferable licence to use Content solely for viewing, browsing and using the functionality of the Site. All Content is for general informational purposes only. We reserve the right, but do not have any obligation, to monitor, remove, edit, modify or remove any Content, in our sole discretion, at any time for any reason or for no reason at all.

What are “Services”?  Subject to the terms of this Agreement, Geek Space will use commercially reasonable efforts to provide you and your Access Members the Services at Geek Space premises offering access to All Access members, which may include premises operated by third parties (“Third Party Spaces”, operated by “Space Partners”, and together with Geek Space operated premises, the “Premises”) beginning on the Start Date, Purchase Date or with in the 7 days from the Purchase Date.  In order to use the Services, you and your All Access Members will be required to provide necessary KYC documents and paper work. For example, Use of one daily desk per day per Member at the Premises, subject to availability and upon prior reservation of such daily desk through the Front office or the website provided.

By booking Third Party Spaces listed on the Geek Space website, the Member and Member Company agrees to be bound by the Third Party Space Terms, which may vary at Third Party Spaces.

Use of credit-based Services that is in excess of any credits, including at Third Party Spaces, is subject to the applicable fees for such services. Credits do not roll over from month to month. Monthly credits are determined based on the number of All Access Members, but the aggregate amount of credits is available to all of your All Access Members (and not allocated individually to each All Access Member). All Access Members are not permitted to use the address of our Premises for mail and package delivery, and Geek Space shall have no liability in connection with any mail or packages delivered to an All Access Member at our Premises.

The Services at a premise will only be available to you, and your Access Members during the hours specified for that Premises on the Geek Space Website, which hours may be limited to the Regular Business Hours of that premises. “Regular Business Hours” are generally from 9:00 a.m. to 5:00 p.m. on Regular Business Days. “Regular Business Days” are all weekdays, except local public/government holidays at a premise.

Changes to our Services or these Terms.  The availability and scope of the Services and the Premises at which the Services are available are subject to change from time to time in our sole discretion.  The Services may also vary by geographical area, location or by specific premises.

Guests.  At Geek Space, all membership is intended for the use of the person to which it is allocated and is not intended to provide access and use to other parties. Guests are not permitted, other than in connection with conference room bookings. If a Member has booked a conference room, guests may be registered and given access to the booked conference room. The number of guests is limited to the number of people permitted in the booked conference room. The guests will be permitted to access the premises only during such booking period.  Geek Space reserves the right, in its sole discretion, to restrict the access of guests in the event that such use violates the purpose or intent.

Guest access to Third Party Spaces may vary and should Members want to bring guests into a Third Party Space, the Member Company and/or the Member(s) must coordinate directly with the Space Partner.

Eligibility. Unless otherwise specified by us in writing, the Services are only available to individuals who are at least 18 years old.  You will be responsible for ensuring that your All Access Members qualify before accessing or using the Services in any way and before providing any personal information to us (e.g., name, address, telephone number or email address).   

Passwords and key cards.  Neither you nor your access Members shall reveal your Account password or transfer your key card or other access device or credentials to anyone else or let anyone use your Account, even if such other individual is associated with your company. Neither you nor your Members, nor any third party on your behalf, shall make any copies of any keys, key cards, or other means of entry to the Premises. If you believe someone may have used passwords associated with your Geek Space Membership without your authorization, please immediately change such passwords and contact us.  You and your Members are responsible for all actions in connection with the Accounts, regardless of whether you authorized such actions. 

All Access Members. You are responsible for preparing and sharing a list of your All Access Members with us or uploading such information directly through the tools we provide, as applicable. You shall ensure that the information about your All Access Members is complete and accurate. In the event your relationship with one of your All Access Members changes or ends, you agree to promptly update such information and notify us that the individual should no longer receive access to the Services. You hereby represent and warrant to us that (a) you have the proper authority to create, terminate and maintain the Accounts and to add and remove All Access Members to and from the Accounts and (b) you have obtained all necessary consent from All Access Members for the creation of their accounts. You also agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations, including where such breach is caused by any of your All Access Members. 

Payments.   The payment method provided by you will automatically be charged the fees and any other amounts you may incur or be liable for in connection with the Services. Recurring fees, which may include recurring membership fees (“Membership Fees”), begin accruing on the Start Date and will be charged on the first (1st) of each month unless we notify you otherwise. You are responsible for paying all Membership Fees through the end of the Term. Overage fees and other non-recurring fees (including for damages caused to any of our Premises or property) will be charged within thirty (30) days of you accruing such fees. If payment of any accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. You and your All Access Members’ use of the Services may be immediately suspended or terminated if we are unable to charge your payment instrument for any reason. When we receive funds from you, we will first apply the funds to any balances which are in arrears and to the earliest month due first. All fees are non-refundable and must be paid in the currency specified on the Membership Details Form. Following any Commitment Term, we reserve the right to further increase or decrease the Membership Fee at our sole discretion upon thirty (30) days’ prior notice to you.

The administration fee set forth in the Membership Details form shall be paid within ten (10) days hereof. Member and/or Member Company shall not be permitted to use the Services until the administration fee has been fully paid. The set-up fee shall be non-refundable.

Taxes. You agree to pay promptly all taxes which you are required to pay to governmental authority (and, at our request, will provide to us evidence of such payment).

Shipping / Delivery. All our service are virtual or supplied on premises, and hence there is no shipping involved for any of our products and services. If any physical products purchased at Geek Space, they would be collection only and are handed over in-person based on availability.

Refunds / Cancellations. Any service purchased online or on premises are non-refundable; only exceptions are purchases that are eligible for free cancellation / free rescheduling and as per the below schedule:

  • Meeting room or conference hours: Up to 2 days before the scheduled start date. 
  • Day / Weekly pass: Up to 2 days before the scheduled start date.
  • Coworking Space: Up to 7 days before the scheduled start date. 
  • Dedicated or Private Cabin space: Up to 2 weeks or 14 days before the scheduled start date.
  • Refund format: All refunds are in the form of Coupon or Credit note for future (one-time) use only.
  • Process: To initiate a refund / cancellation request, please contact us or reply to the order checkout email.
  • Refund time frame: A Coupon or Credit note will be provided with in 6 working days after we receive your cancellation request. It should be received at your registered / checkout email.

Any other changes or modify the purchased orders can not be accepted or may incur additional fee.

Refunds (out of stock). Sometimes we could be fully books and the product availability on our website might not have been updated. Or, due to some reasons, we may not be able to complete your order. In these scenarios, we would offer a full refund to your original payment method and the amount should be credited to your original bank account in 5–7 working days from the date of processing your refunds. Generally, these refunds should be fully processed in 14 working days.

Member activation fee. Each time you or your team member (re)starts using our services, a one-time membership activation fee plus taxes is payable. This fee is applicable for each team member you enrol with us, including part-time, temporary and full-time members. So please select the relevant product and make sure you add to the card when purchasing a product with rental period of one month or more.

Security Deposit. For some of your services, you are required to pay a security deposit on top of advance services fee or rent. These funds should be maintained till the end (last day) of the rental or service period can only be refunded after deducting any late fee, additional usage, balance due and any damage costs.

Privacy. We collect, process, transfer and secure personal data about you and your Members pursuant to the terms of the Geek Space Privacy Policy, and in accordance with all applicable data protection laws. You hereby confirm that (i) you have and rely upon an adequate legal basis, including without limitation consent where required, to collect, process, and transfer Members’ personal data to us, and (ii) you collect and process Members’ personal data in accordance with applicable laws.

Property. We are not responsible for any property you or your All Access Members leave behind in any of our Premises. It is your and your All Access Members’ responsibility to ensure that personal items are secure. We will be entitled to dispose of any property remaining in any of our Premises, and you and your All Access Members waive any claims or demands regarding such property or our handling of such property. 

Other members. We do not control and are not responsible for the actions of other individuals you or your All Access Members encounter through the use of the Services; this includes other Geek Space members and their guests at any Premises or on our Member Network. We do not endorse, support or verify the facts, opinions or recommendations of our Geek Space Members.  If a dispute arises between users, we have no responsibility or obligation to participate, mediate or indemnify any party, except to the extent that such dispute is the result of Geek Space’s gross negligence or wilful misconduct. 

Third party products or services; Tech Platforms, Apps, Portals.  The Services do not include, and Geek Space is not liable for, the provision of products or services by third parties that Member or Member Company may elect to purchase or use in connection with this Membership (“Third Party Services”), even if they appear on a Geek Space order form or invoice. Third Party Services are provided solely by the applicable third-party service provider (“Third Party Service Provider”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. Additionally, during the Term, you and your Members may have access to certain platforms, apps, or portals as part of the membership. To the extent such platforms, apps, or portals have their own terms of use, such terms shall govern use of the applicable system. For those without terms of use, such platforms, apps, or portals shall be provided to you and your Members “as-is”, and without any representations or warranties.

Membership Termination. This Agreement may not be terminated by you prior to the end of the Commitment Term, and any such termination shall constitute a breach of this Agreement. To terminate your Geek Space Membership at the end of the Commitment Term, you must provide us one full calendar months’ notice prior to the last day of your Commitment Term specified in the Membership Details Form. Otherwise, unless set forth on the Membership Details Form, following the Commitment Term, your Geek Space Membership shall continue on a month-to-month or on the initial rental period basis until terminated in accordance with this Agreement (the term commencing on the Start Date and ending on the latter of the last day of the Commitment Term or any month-to-month term, the “Term”). If you terminate your Membership prior to the end of the Commitment Term, your Membership Fee payment obligations through the end of the Commitment Term shall become immediately due. To terminate your All Access Membership during any month-to-month term, you must provide us with at least one full calendar months’ notice prior to the last day of a calendar month (“Termination Effective Month”). Such termination will be effective on the last day of the Termination Effective Month. In all cases, notice of termination must be provided (a) to your Geek Space member contact or (b) if you have no such contact, by emailing us or through the tools we provide you to as part of the signing up process.  If you or your Members fail to comply with the provisions of this Agreement we may, in our sole discretion, restrict your or your Members’ access to the Services and/or terminate your Geek Space Membership or any Access Account with immediate effect and without prior notice to you; we may also immediately terminate any of your All Access Members at our sole discretion. In addition, we may decline to continue your Geek Space Membership after the end of the Commitment Term in our sole discretion. We do not provide refunds upon termination or cancellation of your Geek Space Membership, including individual All Access Members’ Accounts, with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Geek Space Membership. We may also terminate your Geek Space Membership with thirty (30) days’ prior notice if we discontinue the Geek Space Membership program in whole or in part, or at any other time at our sole discretion. 

Intellectual Property of others. You and your All Access Members may not take, copy or use any information or intellectual property belonging to other member companies or their members or guests, including without limitation any confidential or proprietary information, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.

Geek Space Intellectual Property; Use of the Geek Space Name; Photos of the Premises. You and your All Access Members may not take, copy or use for any purpose (a) the name “Geek”, “GeekSpace”, “Geek Space” or any of our other business names, trademarks, service marks, logos, designs, copyrights, patents, trade secrets, trade dress, marketing material, other identifiers or other intellectual property (“Intellectual Property“); (b) any derivations, modifications or similar versions of the same; or (c) any photographs or illustrations of any portion of a premise, for any purpose, including competitive purposes, without our prior consent, provided that during the Term you will be able to use “Geek Space” in plain text to accurately identify an address or office location.  You acknowledge that Geek Space owns all right, title and interest in and to its Intellectual Property.  You may not file for ownership rights of any of our Intellectual Property with any governmental authority or use our Intellectual Property in any advertising, including domain names, social media handles, or any form of media invented in the future.  You may not, directly or indirectly, interfere with or object to, in any manner, our ownership rights or the use of our Intellectual Property or engage in any conduct that is likely to cause confusion between Geek Space and yourself, without our prior consent.

Publicity. You hereby consent to our non-exclusive, non-transferable use of your Member Company name and/or logo in connection with identifying you as a Member Company of Geek Space, alongside those of other member companies, on a public-facing “Membership” display on our website as well as in video and other marketing materials.  You warrant that your logo does not infringe upon the rights of any third party and that you have full authority to provide this consent. Furthermore, you may terminate this consent at any time upon thirty (30) days’ prior notice.

Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your All Access Members, and your or their employees, agents, guests and invitees, waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable legal’ fees against us and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Geek Space Parties”) and our landlords at the premises resulting from damage to, or destruction, theft, or loss of, any property, person or pet, except to the extent caused by the gross negligence, wilful misconduct or fraud of the Geek Space Parties.

Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of the Geek Space Parties to you and your All Access Members, and your or their employees, agents, guests and invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under this Agreement in the twelve (12) months prior to the claim arising. None of the Geek Space Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree, on your behalf and on behalf of your All Access Members, that, to the extent permitted by law, neither you nor your All Access Members may commence any action or proceeding against any of the Geek Space Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

Insurance.  You are responsible for maintaining, at your own expense and at all times during the Term, insurance in form and amount appropriate to your business, including with respect to any use of Third Party Spaces.

Indemnification. To the extent permitted by law, you will indemnify the Geek Space Parties from and against any and all claims, including third party claims, liabilities, and expenses including reasonable legal’ fees, resulting from any breach or alleged breach of this Agreement by you or your All Access Members or your or their guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, wilful misconduct or fraud of the Geek Space Parties. You are responsible for the actions of and all damages caused by all persons and pets that you, your All Access Members or your or their guests invite entering any of the Premises. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the Geek Space Parties unless you have first obtained our or the relevant Geek Space Party’s written consent.  None of the Geek Space Parties shall be liable for any obligations arising out of a settlement made without its prior written consent. 

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