Acceptance of Terms

The services WorkBase, A Division of Botcode Web Integration Solutions Pvt ltd provides to you are subject to the following Terms and Conditions (T&C).

WorkBase reserves the right to update the T&C at any time. WorkBase will attempt to notify you of any updates in a timely fashion.

A WorkBase Membership application does not create a tenancy but a usage license to use the provided amenities on a monthly, quarterly, bi-annual, annual or casual basis.

Description of Services

WorkBase may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services (collectively, “Services”). The Services at all times are subject to these T&C, as well as any individual service guidelines, as applicable.

No Unlawful or Prohibited Use

You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any WorkBase server, or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any WorkBase server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to.

You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further 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.

Use of services

You agree that when participating in or using the Services, you will not:

• Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through WorkBase servers.
• Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
• 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.
• Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
• Harvest or otherwise collect information about other, including email addresses, without the authorization or consent of the disclosing party.
• Violate any applicable laws or regulations; or
• Create false identity for the purpose of misleading others.

You also agree to abide by and adhere to WorkBase House Rules.

Invoicing and Payment

The member is invoiced in advance based on the membership options selected. Any charges for variable use services such as conferencing facilities use, etc., that are may be incurred during the billing period will be treated as casual usage, and will need to be paid on the day of use unless other arrangements have been made with WorkBase.

Payment is required at the beginning of your billing cycle for that period, at the date specified in the invoice. The billing cycle is calculated from the date of activation of your WorkBase Membership, which is the date your payment for invoiced Services is received. Payment for casual usage is either paid on the day of use unless other arrangement have been made with WorkBase.

Renewals and Terminations

The member is invoiced in advance based on the membership options selected. Any charges for variable use services such as conferencing facilities use, etc., that are may be incurred during the billing period will be treated as casual usage, and will need to be paid on the day of use unless other arrangements have been made with WorkBase. One Month Advance payment is required.

Payment is required at the beginning of your billing cycle for that period, at the date specified in the invoice. The billing cycle is calculated from the date of activation of your WorkBase Membership, which is the date your payment for invoiced Services is received. Payment for casual usage is either paid on the day of use unless other arrangement have been made with WorkBase.

The mode of payment can be either cash / cheque / bank-transfer.

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Refund Policy

In the event your access to any of the Service(s) is terminated, either by you or WorkBase, WorkBase will entertain refund requests, subject to the following conditions:

• Refund payments will only be calculated from any remaining unused Service(s) period in your subscription, after deducting any pending charges incurred upto to the point of termination.
• Charges and payments for Service(s) that involve quota management will not be included when calculating refunds. Any unused quotas will lapse when the membership/subscription lapses.
• For refunds related to Service(s) involving monthly subscriptions and fees, any charges for partial-months will not be considered for refunds.
• For refunds related to Service(s) of daily, per use, or per transaction nature, refunds will only be considered for Services that have not yet been used, and if refund request is made prior to the Service(s) validity period. Refunds will not be considered for Service(s) that have been partially used, or if the validity period for use has already started at the time the refund request is received by WorkBase.
• In the event that any Membership to be terminated, either by you or WorkBase, was paid for at a discounted amount, any discounts applied will be deducted from the refundable amount, and only the balance will be refunded.

Refund requests will be processed within 30 days of termination of Services(s), upon confirmation and acceptance of termination by both WorkBase and you via letter and/or email.

WorkBase reserves the right at all times to disclose any information about you.

Your participation in and use of the Services as WorkBase deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part in WorkBase sole discretion.

Details on how WorkBase handles personal data are further described in our Privacy Policy.

Confidentiality

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 WorkBase or any participant of used 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 of WorkBase, any analysis, compilations, studies or other documents prepared by WorkBase 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 Services obligates you to
- maintain all Confidential Information in strict confidence;
- not to disclose Confidential Information to any third parties;
- not to sue the Confidential Information in any way directly or indirectly determined to WorkBase or any participant or user of the Services.

All confidential information remains the sole and exclusive property of WorkBase or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services 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 WorkBase or any participant or user of the Services.

Participation in or Use of Services

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that WorkBase does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Disclaimer of Warranties

To the maximum extent permitted by the applicable law, WorkBase provides the Services “as is” and with all faults, and hereby disclaim with respect to the services 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. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.

Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by the applicable law, in no event shall WorkBase or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of 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 pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of WorkBase, and even if WorkBase has been advised of the possibility of such damages.

Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of WorkBase or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Non-Disparagement

You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding WorkBase, or any of WorkBase officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

Indemnification

You release, and hereby agree to indemnify, defend and save harmless Botcode Web Integration Solutions pvt ltd, WorkBase and WorkBase subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any legal fees and costs incurred by WorkBase or its respective officers and agents in connection with the defense of such claim or lawsuit.

Severability

In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.