DeskVibe Terms of Service
Last Modified: 2017.04.05
These are the terms and conditions for the use of DeskVibe AS. DeskVibe AS (hereby referred to as “DeskVibe”, “us”, “we”, “our” or “the company” is a digital platform that allows property owners and managers (hereby referred to as “Space Manager”) to list available workspace (“Space”) to registered users (“Users”) seeking to lease the Space (collectively referred to as the “Services”). The Services can be accessed through https://deskvibe.co (“Website”). These Terms of Service form an agreement between DeskVibe AS and you individually and/or the entity or organiziation that you represent (“You”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DESKVIBE AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT REQUIRES YOU TO ARBITRATE ANY DISPUTE.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, WE REQUEST THAT YOU REFRAIN FROM ACCESS AND USING OUR SITE.
By accessing and/or using our site, you are representing that you are at least eighteen (18) years of age, or that you are the primary guardian of a minor accessing the Services and you have given your consent to allow any of your minor dependents to use this Services.
If you are accessing and/or using our site on behalf of another entity or organization, then you represent and warrant that (1) you are authorized to bind that entity or organization with our site, and (b) the entity on behalf of which you are using our site for is a duly formed entity existing in good standing in each of the jurisdictions in which the entity transacts business.
You represent and warrant that you: (a) otherwise have all authority, rights and licenses to access and use our site, and to carry out the transactions contemplated herein; (b) this Agreement you are entering into constitutes your legal, valid and binding obligation, enforceable against it in accordance with its terms; (c) your execution, delivery and performance of this Agreement shall not result in a breach or violation of, or constitute a default under any material agreement, lease or instrument to which you are a party or by which your property may be bound or affected; (d) no suit, action, arbitration or other legal or administrative proceeding is pending, or to its knowledge has been threatened, against you that would affect the validity or enforceability of this Agreement.
We reserve the right to modify or discontinue (temporarily or permanently) the Services or the Policies, including fees, at our sole discretion without any prior notice. If any modification has been done, it will be made known by including the “Last Modified” date on this page. It is recommended to periodically review this page to inform yourself if any modifications have been made. Continued use of the Services after the modification will indicate your consent of the modifications. We are not liable to you - or any other third party - for the modification, suspension, or closure of the Services.
To access portions of the Services, Users may be required to create an account (“Account”). During the registration process, you will be required to provide specific information about Yourself (“Account Information”). By providing such information you agree that all Account Information is true and complete and will be kept current and accurate. As a registered User, you may never use another User’s Account with the intent to impersonate them.
All Accounts, Account Information and Passwords are personal. It is not recommended share your Account with other individuals, coworkers and/or third parties you do so at your own discretion. You are fully responsible for any costs, fees, liabilities and/or damages that may occur in conjunction with your account. Should your Account be lost, stolen or otherwise compromised, contact DeskVibe immediately. All content, bookings, Services activated and other actions and/or transactions performed by your Account are considered to be lawfully completed by You.
Account approval and continued use is controlled at DeskVibe’s sole discretion. We reserve the right to cancel, close and discontinue the use of any Account for any reason we deem unfit.
As a Space Manager you acknowledge and agree that you are responsible for any and all listings you post. Among which you confirm that (i) you are authorised to enter into these Policies on behalf of the company that owns and/or manages the Space (ii) you do not breach any other agreement that you have entered with any third parties (iii) the listing is in compliance with all applicable laws, tax requirements, zoning and other such legislation.
DeskVibe is not responsible for the Space Manager’s compliance with applicable laws, rules and regulations. We reserve the right to suspend or remove the listing at any time without prior notice for reasons that we see violate the terms of the Policies or that we deem harmful for the Services.
Users can browse the Website for available workspaces based on date, location, office/membership type, expertise and skills. Once the User has identified their desired workspace, they must enter the dates they wish to book then enter payment information. The charge will be processed once the Space has confirmed the booking. See “Payment Details” for details about how the payments are processed.
Booking confirmations will be sent immediately after the User has completed the request process and will be sent to the email associated with the Venue listing. As a Property Manager you confirm or reject a booking within 24 hours of receiving the request.
DESKVIBE PROVIDES SERVICES THAT ALLOW FOR SPACE TO BE DISCOVERED AND BOOKED. WE HAVE NO RESPONSIBILITY FOR CONDUCT OF SPACE MANAGERS, USERS, ANY THIRD PARTY AND/OR THE STATE OF THE SPACE LISTED AND DISCLAIMS ANY LIABILITY IN REGARD.
ALL BOOKINGS WILL BE MADE AT THE USER’S OWN RISK.
All payments will be made through the secure third party platform, Stripe. No payment information is stored on DeskVibe. Venue Managers are required to have and maintain their Stripe account in order to receive payments of Booking Fees.
Users will be charged the Booking Fee once the Space/ Space Manager has confirmed their booking.
“Service Fee(s)” are the fee that is charged by DeskVibe to Space Managers for listing them on the platform. The Service Fee is charged only at the time the User pays the Booking Fee. As of the last modification date of these Policies, the current Service Fee is a minimum of ten percent (10%) of the Booking Fee. Service Fees may vary based on Property Manager discretion, but can never be less than ten percent (10%) of the total Booking Fee. The Service Fee can only be refunded with the cancellation of a booking. No other refund will be offered for Service Fees.
Licensing Agreement - Rental Contract
Each booking is subject to a Licensing Agreement OR Space Rental Contract (“Contract”). In addition to these Policies, Users MUST agree to the appropriate contract to complete the booking process.
In the case that individual Spaces choose to submit their own Contract, it will supersede the terms of the DeskVibe Contract and hold precedence.
The DeskVibe Licensing Agreement can be found here: LINK TO PAGE
Cancellations and Refunds
Cancellations can be made at any time by contacting email@example.com. A full refund will be given if the cancellation is made within 24 hours of the Services start time. Only the Space Fee (maximum 90%) will be refunded if the cancellation is made within one hour of the Booking, the remaining Service Fee will be retained by DeskVibe.
The Booking is not officially canceled until a user has received a cancellation email from DeskVibe.
NO CANCELLATIONS OR REFUNDS WILL BE GIVEN ONCE THE BOOKING PERIOD HAS BEGUN.
Limitation of Liability
DeskVibe acts as a limited authorised agent and does not act as an insurer for the Space. By agreeing to these Policies you agree, DeskVibe nor any party involved in creating, producing, or delivering the Website or Services can be held accountable or liable for damages, theft, injury, vandalism, or other such acts that may result in loss of profits, data or goodwill. By accepting these Policies you agree that the entire risk of use of the Website and Services is your responsibility as the User.
It is recommended that any Space listed on DeskVibe have appropriate insurance policies to fit the needs of their tenants and cover incidents that may occur due to Users.
All content on DeskVibe is primarily informational. We have not verified the accuracy and are not responsible for any errors, omissions or other such informational inaccuracies that are submitted by Users. By agreeing to these Policies, you agree that content added as a registered User and/or Space Manager you grant DeskVibe user of this content for informational purposes that can be shared by DeskVibe in anyway they see fit to communicate the Services.
DeskVibe shall have no responsibility or liability for any content appearing on our Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Should You, as a User, find any content to be incorrect, offensive and/or in violation of any third party rights please contact firstname.lastname@example.org to modify and/or remove the content.
Referring to DeskVibe
If a You, a User, a Space Manager or any other third-party refers to DeskVibe, our Website and/or any content that is on the site ATTRIBUTION MUST BE GIVEN TO DESKVIBE AS.
DeskVibe reserves the right to pursue legal actions should any content (text, images, proprietary coding, etc.) be without proper attribution or consent. We also reserve the right to pursue necessary legal means should third-party content: a) be found in anyway misleading b) imply any sense of endorsement, sponsorship and/or approval c) be considered obscene. As a part of these Policies, DeskVibe reserves the right to investigate and pursue legal actions against anyone, or any parties, who violate this.
Reservation of Rights
We reserve the right, at any time and in our sole discretion, to request that You remove any and all links to our Website. You agree to immediately remove any and all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, our Website or these Policies, including set fees, at any time and without prior notice. If we modify these Policies in a material manner, we will post the modification on the Site, update the “last modified” date on the webpage these Policies appear on and/or provide you with other notice of the modification. It is recommended that you periodically review our Terms and Conditions, so that you are aware of any changes to which you are bound. Your continued use of our site, after any such modification, constitutes your acceptance of the revised Policies. If you do not approve of the modified Policies, do not continue to access or make use of DeskVibe; this is your only recourse. DeskVibe will not be liable to you or any other user or third party for any modified, suspension or discontinuance of the site.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Governing Law and Jurisdiction
These terms and conditions will be governed by the laws of Norway. All actions and/or proceedings that may occur will be brought to the Oslo City Court system. Each party must submit and agree to the personal jurisdiction of the court located in Oslo, Norway for any actions for which the parties seek relief.
If you have any queries regarding any of our terms, please contact us at email@example.com. Mail inquiries can be sent to: DESKVIBE AS, Kongshavnveien 28, 0193 Oslo