AWFIS-USER AGREEMENT

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this mobile application (“App”).

The App is owned by Awfis Space Solutions Pvt Ltd

By merely using the App, the User shall be deemed to have contracted with Awfis and have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement.

User’s use of the App and the underlying Work Space Solution offered through the App are subject to and governed by the following terms and conditions (‘Terms of Use’) including the applicable guidelines, policies, terms, and conditions which are incorporated herein by way of reference. If the User transact on the App, it shall be subject to the policies that are applicable to the App for such transaction.

ACCESSING OR OTHERWISE USING THE APP INDICATES USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO THE USER SHALL READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of use the User also accepts and agrees to be bound by Awfis Policies (including but not limited to Privacy Policy) as amended from time to time.

When the User uses the App or sends emails or other data, information or communication to Awfis, it agrees and understands that it is communicating with Awfis through electronic records and consents to receive communications via electronic records from Awfis as and when required. Awfis may communicate with the User by email or by such other mode of communication, electronic or otherwise.

 

 

Awfis shall provide Work Space Solutions as defined below, as per availability and as per request of the User at the listed locations subject to acceptance of the terms and conditions of the Awfis- User Agreement and upon submitting details as required by Awfis and/or applicable laws.

Definitions:

Awfis: shall mean Awfis Work Space Solutions Private Limited, a company incorporated under the Companies Act, with its registered office at Awfis Space Solutions Private Limited, 3/30, West Patel Nagar, New Delhi-110008

 

Work Space Solution: shall mean Work Space Solutions in form of ready to move in and/or use office spaces, desks, cubicles, meeting rooms, conference halls etc., with provisions of basic office equipment, furniture, infrastructure, essential services, security etc. and shall include Mobile Van and Virtual Office.

 

User: shall mean any person including a corporation/ company/ partnership and/or any legal entity who/which chooses to book and use the Work Space Solution and/or any services, amenities, products etc. offered by Awfis by using mobile App /Website and accepts all the all the terms and conditions including this User Agreement.

 

Accepted Modes of Payment shall include the following:

Under any payment gateway:

Offline modes:

 

Wallet: is an online program that allows Users to securely store points and use them at the time of booking and or other transactions instead of cash on the Awfis Application. It allows the User to fill the wallet with points using bank/credit cards or other alternative payment methods. Awfis Wallet is a closed wallet and can only be used for transactions using points in the Awfis site ONLY. User can therefore pay using stored points in their wallet or instantly pay with their stored card or any other accepted mode of payment under this Agreement to book and/or use Work Space Solution and/or any services, amenities, products etc. offered by Awfis. Any such transaction is stored as a contra entry of points in the Awfis wallet.

Accepted Modes of Communication: accepted modes of communication include communication through e-mail/SMS/notification.

 

Parties: Awfis and User hereinafter collectively referred to as “Parties”.

 

Venue Policy: It is terms and conditions governing usage of venue over and above the terms of this Agreement and opted by User. Venue is the composite area in which the Work Space Solution offered by Awfis and booked by User through mobile APP or website of Awfis is situated including the venue in which the Mobile Van is parked or moving.

  1. Terms of payment:

The payments shall be made by either of the accepted modes of payment. However, for booking of Work Space Solution beyond period of 30 days the payment shall be made at absolute discretion of Awfis.

  1. Minimum Balance in Awfis Wallet:

The User shall be obliged to maintain interest free minimum balance in its wallet which shall be equivalent to and in addition to the booking cost of the Work Space Solution and/or as specified by Awfis that shall be liable to be refunded as per Awfis Refund Policy to the User subject to and upon Awfis receiving/re-entering the Work Space Solution as per the agreed terms and conditions including all due payments/charges for additional service, if any, and confirmation by Awfis about the condition of the infrastructure etc. that was attached to the Work Space Solution given to the User. The deposit shall be made by either of the accepted modes of payment.

  1. Tenure/timing/duration of use by User:-

The User shall be permitted to book through mobile App or Website the listed Work Space Solution and shall be permitted to use the Work Space Solution upon acceptance of request by Awfis and upon acceptance of terms and conditions of the Awfis-User Agreement by the User. The tenure for the term of use of Work Space solutions by user shall be for the period/duration/timing approved by Awfis after confirmation of such booking. User shall be obliged to punctually follow the stipulations with regard to duration and/or term of use and timings of use.

  1. Variation/extension/reduction/renewal of agreed

Term period/ duration/timing and/or listed Work space solutions:-

  1. The User shall be required to make a request to Awfis through Website or mobile App for any booking of Work Space Solution and the request shall be processed expeditiously by Awfis subject to availability of Work Space Solutions and subject to acceptance of any further terms and conditions by the User and the said booking as accepted by Awfis shall be binding upon the User. The User shall make advance payments for booking as per accepted modes of payment under this Agreement.
  2. No request for any reduction or curtailment in the agreed period/duration shall be entertained by Awfis under any circumstances and the User shall be liable and accepts the unconditional liability to pay Awfis as per the agreed terms and conditions of the Awfis Cancellation and Refund Policy, notwithstanding the fact that the User ceases to use the Work Space Solution for any reason whatsoever before the expiry of the agreed period/duration.
  3. AWFIS Mobile Vans are registered with an All India Permit, allowing the vehicle to enter any state in the country. The User shall pay the Mobile Van fare as per the applicable rates and payment schedules mentioned by AWFIS at the time of booking. The User shall also pay parking charges, toll-charges, service tax, state tax and any other fee or levy presently payable or imposed hereinafter under applicable law/s for availing the car rental services.
  4. Awfis shall have the discretion to alter and/or vary the Work Space Solution given for use to the User as per agreed terms and conditions that shall not only be restricted to reduction of the term/period and variation of place/site/location of the Work Space Solution during the subsisting term/period under exceptional circumstance beyond control of Awfis by serving an advance notice through e-mail, SMS, notification upon the User. Awfis shall endeavor to provide a relocated Work Space Solution with similar facilities and infrastructure at the closest location from the existing location of the Work Space Solution that is sought to be varied and/or altered by Awfis. The agreed terms and conditions shall remain applicable upon the parties after relocation or/and variation. However, in case this variation/reduction/ alteration/relocation is not acceptable to the User it shall have the liberty for a pre-mature termination of the right of use and it shall be charged on a pro-rata basis for the period of usage. However, the User shall have no right to continue usage of the Work Space Solution that has been sought to be varied/ reduced in usage/altered/relocated by Awfis beyond the period approved. The User shall have no right to continue Work space solution in the varied /reduced /altered/relocated Work Space Solution beyond the period approved herein. The User shall have no right to continue usage of Work Space Solution in the varied/reduced/altered/relocated Work Space Solution beyond the original period.
  1. Control of Accommodation:-

The control of accommodation of the Work Space Solution shall at all time vest with Awfis and shall remain the property of Awfis. The acceptance of the terms and conditions by User for usage of Work Space Solution shall not constitute and/or create any lease/sub lease in favor of User and the same shall be only constituted as a license to use the Work Space Solution provided by Awfis.

  1.  Right of Modification of Terms and Condition:-

Awfis shall have the right to modify/alter/vary/delete/add any of the terms and conditions for usage of Work Space Solution by its User. The User is under an obligation to update itself with any such change made by Awfis in this regard and the effect of any modification/alteration/variation/addition and/or deletion shall become binding thereupon.

  1.  Pre-mature termination by Awfis:-

Access of User can be restricted under following circumstances:

Awfis can terminate the Awfis-User Agreement immediately and without any notice in any of the following circumstances:-

    1. Being either an individual or a company the User is in breach of any of the obligations under this Agreement or persistently breaches the terms of this Agreement or if the breach is capable of rectification in the opinion of Awfis but the User has failed to rectify the same on a reasonable notice as defined by Awfis through accepted modes of communication.
    2. Being a company the User has become insolvent, gone into liquidation or is unable to pay its debts as they become due, or an administration order is made, or a winding up petition is presented against the User; or an administrative receiver or manager is appointed or a provisional liquidator is appointed under the relevant Act or a proposal is made for a voluntary agreement under the relevant Act or a proposal is made for a scheme of arrangement under the Companies Act, 2013;
    3. Being either a company or an individual any other form of insolvency agreement order or process is proposed to be commenced or entered into by or against them under any existing or future legislation or regulations;
    4. In the event of the Work Space Solution becoming non-usable due to act of God/force majeure/ political unrest /riots /other causes beyond control of Awfis, including technical/mechanical failure.

Awfis shall endeavor to remedy the situation with resources available at its command in order to make available the Work Space Solution workable and in that case the User shall have the first right to re-enter and use the Work Space Solution for the remaining period/duration/term on existing terms and conditions on a pro-rata basis.

  1.   In the event of any criminal offence or an attempt to commit any criminal offence including misbehavior, misdemeanor, nuisance or immoral activities by the User or its associates/affiliates/employees/guests.

 

  1. RIGHTS AND OBLIGATIONS OF USER:
  1. The execution of Awfis-User Agreement does not constitute a lease or sublease but is only a license to use the Work Space Solutions.
  2. The use of Work Space Solution by the User is a privilege that may be revoked at the discretion of Awfis. If the Awfis-User Agreement is revoked, Awfis may return to the User the wallet balance if any in accordance with its cancellation-refund policy for the remaining period of usage, and the User agrees to return all the Awfis property including but not limited to keys, access cards etc. upon expiration/ termination/ revocation of the Awfis-User Agreement or its right to use the workspace as per this agreement and forfeit its rights thereof.
  3. The User agrees not to misuse any of the facilities and services provided by Awfis including work Space Solutions for any purpose not envisaged by a written agreement with Awfis.
  4. The User understands and agrees that its use of work Space Solutions may on occasion be disrupted and the User may be required to move/shift to another work area of Awfis and under rare circumstances to vacate the Work Space Solutions entirely.
  5. The disruption may include, but is not limited to the need to move to another work area and under rare circumstances to vacate the premises entirely.
  6. The User understands that it may be required to pay additional fee for events and services that are not included in the Work Space Solution being utilized by the User.
  7. No User shall have the right of usage except or beyond the purview of the agreed terms and conditions.
  8. The User shall not maintain or store any inventory of goods in common areas of the spaces housing Work Space Solution that have not been expressly designed for such purpose without prior written permission of Awfis.
  9. The User must obtain written permission from Awfis to post signs, host events, or otherwise not use the workspace in any way that may impugn on the interest of the membership community.
  10. The User shall pay the Mobile Van fare as per the applicable rates and payment schedules mentioned by AWFIS at the time of booking. The User shall also pay parking charges, toll-charges, service tax, state tax and any other fee or levy presently payable or imposed hereinafter under applicable law/s for availing the car rental services.
  11. The User shall only bring Guest as per Guest Policy of Awfis and shall be liable for all acts of its guests.
  12. The User shall not engage in any illegal  business activity in the Work Space Solution, in, or around the building in which work Space Solution is located.
  13. The User shall not engage in any online business activities of the sort that may damage or impair the functioning of Awfis or any of its partner or user spaces or their services, including but not limited to overburdening or impairing any server or network connected to Awfis.
  14. The User shall not engage in any online  business activities of a questionable moral character or view any objectionable content that may damage or otherwise adversely affect the goodwill and/or reputation of Awfis.
  15. The User shall not indulge into any activity that amounts to cyber crimes of any of the following kinds under INFORMATION TECHNOLOGY ACT:-
  1. The User shall keep his notification ON at all times and shall also update his phone number / e-mail so as to receive any communication/notification not limited to updates on policies/services offered/charges and/or any modification in terms and conditions of the Agreement if and when made by Awfis
  2. The rights/benefits/privileges of the User are non- transferrable in nature and the User cannot transfer or let any third party use the same.
  3. The User agrees that a failure to enforce any provision of this agreement and/or terms and conditions governing the use of Work Space Solution by the User shall not be deemed a waiver by Awfis of such provision nor of the rights to enforce such provision.
  4. The User understands that the Work Space Solution shall at all times remain the property of Awfis and Awfis reserves the right to ask the User to relocate to any other nearby Work Space Solution maintained by Awfis in accordance with Awfis-User Agreement.
  5. The user and its visitor shall:
  1.  The User shall be bound by and comply with any additional terms, conditions and policies provided at a particular Work Space Solution relating to the use of a specific Venue, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures etc. (“Venue Policies”). The Venue Policies as described under this Agreement shall be applicable at the time of access/ booking by the User and shall be made available on its request.
  2. The User shall not use the Work Space Solutions provided by Awfis to carry out any illegal activities or use the same in violation of law.
  3. The User shall be responsible for leaving the Work Space Solutions provided by Awfis in the condition that it was given to it. The User may be held liable for the repair cost for all damages to the Work Space Solutions and items therein during its use thereof and the same shall stand adjusted from the User’s wallet and/or shall be payable by User.
  4. This Work Space Solution provided by Awfis is intended solely for Users who are 18 years of age or older. Any person who is below 18 years of age can only transact under the registration of his/her legal guardian/parents. Awfis reserves the right to terminate any use or access to Work Space Solution if it is found that the User is ineligible to use the Application on account of being a minor. Any use or access of a Work Space Solution by anyone under 18 except under that of his/her legal guardian/parents is unauthorized and in violation of these Terms of Use.
  5. The User shall be responsible for providing the correct information. In case, the information is found false/inaccurate/incomplete and/or not in accordance with the terms of usage, Awfis shall have the right to suspend or terminate or block access to the mobile App and also Work Space Solution. The User shall indemnify Awfis for any loss, harassment etc. to Awfis on account of such information.
  6. The User shall always carry valid Identity proof at the time of access and its usage of Work Space Solution.
  7. The User while making use of Work Space Solutions provided by Awfis shall not infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  8. The User shall not enter into more than one Awfis-User Agreement with Awfis or register an Awfis Account on behalf of an individual other than itself;
  9. Awfishas the right to deduct balance from the User’s wallet without explicit consent from the User in the case of its usage of the Work Space Solution and/or facilities/amenities/products etc. offered by Awfis. However, same shall be intimated to the User by the accepted modes of communication.
  10. The User shall maintain peaceful environment at Work Space Solution and not disturb other users working at Work Space Solution.
  11. The User shall not use obscene/abusive language at the Work Space Solution.
  12. The User shall not consume intoxicating substance/drugs/cigarettes/alcoholic drinks etc. at Work Space Solutions. Awfis at its discretion may allow usage of alcoholic drinks for specific events etc.
  13. The User shall not indulge in activities that are attributable directly, indirectly or remotely to the offences of molestation/sexual harassment.
  14. The User shall not create any kind of disturbance /nuisance including playing loud music or creating noise by any action or inaction so as to inconvenience others.
  15. Non-Disparagement: User shall, during and after the participation in and use of the Work Space Solution, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Awfis, or any of its officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
  16. The User understands that the Awfis Work Space Solution is always under CCTV surveillance and gives its consent for the same.
  17.  The User shall be responsible for the security of its own device. Awfis shall not be responsible for any unauthorized control/access over User’s device/computer system by hackers or crackers.
  18. Awfis may at its own discretion share network traffic originating from or terminating at User’s device. The User understands that Awfis is under no obligation to do the same.
  19. User shall use its wallet over internet or the physically issued card. In either case, it shall be the responsibility of User to keep its username and password safe and its card and pin secure. In case the User knows or suspects that someone unauthorized knows its password or any other security breach, then User shall notify Awfis by contacting immediately and in no event later than 24 hours through the address provided in the “Contact Us” section of the Website. Awfis shall not be responsible for any transaction/misuse done on the Awfis wallet with hacked credentials.
  20. When the User uses the Service, certain information the User posts or shares with third parties (including other Users), such as comments, reviews or other information, may be shared with other users in accordance with the privacy settings user’s select. All such sharing of information is done at the user’s own risk.
  21. User shall not use Awfis resources for hacking, piracy, pornography orany other illegal activity under cyber crime.
  22. The user may at its own discretion avail third party services which are made available by Awfis jointly with other companies. However, the User shall have no claim whatsoever in respect of such services from Awfis.

 

  1. RIGHTS AND OBLIGATIONS OF AWFIS:
  1. Awfis hereby agrees to let the User run his/her/its business out of the Work Space Solutions for the duration/ period as accepted by Awfis under the Awfis-User Agreement.
  2. Awfis has a right to terminate the Awfis-User Agreement of the User, if User is found to have contravened any of the terms and conditions contained herein or to have acted in a manner which in Awfis’ sole discretion hampers the use and enjoyment of the Work Space Solutions provided by Awfis and the building where it is located for others, including but not limited to other users of Awfis; the team of Awfis and guests, occupants and contractors of the building where the relevant Work Space Solutions is located.
  3. The User shall be entitled to participate in any free or paid event upon payment hosted by Awfis or any of its affiliates/partners subject to availability of Space and logistical requirements, decision about the same would be the sole discretion of Awfis.
  4. Awfis is committed to provide Work Space Solution as defined under the scope of work in User Agreement. The amenities/ complementary services/ paid services and facilities may vary as per the venue. User is obliged to check list of available services, facilities etc. at the time of booking.
  5. Awfis shall make additional facilities/services/amenities etc. at its discretion on request by User upon payment
  6. Awfis reserves right of admission of any User to any Work Space Solution and the approval of User or processing of a User agreement shall not confer any vested rights upon any person/member/user and/or its employees, agents and affiliates etc.
  7. Awfis shall endeavor to provide a conducive work environment and free access/paid access to all amenities/services/facilities in the Work Space Solutions as per the agreed terms and conditions.
  8. Awfis shall have the right to restrict the use and provision of certain facilities/amenities/services with advance notice to the User sent through either of the accepted modes of communication.
  9. Awfis shall have forthwith an unconditional and unilateral right to deny access to the User in the Work Space Solution upon default or delay in payment of the stipulated user charges as agreed between the parties. Awfis shall also be entitled to use such a right if in its decision/opinion the breach of any terms and conditions by the User require emergent denial of access to the User.
  10. Awfis may use only non-identifiable aggregate data (based partly on IP addresses) collected through the Service to analyse Service usage and system performance. Awfis may conduct surveys, monitor work trend, user behavior etc. Such data may be used by Awfis and shared with third parties in any manner.
  11. Awfis may provide Non-Public Information to service providers who help Awfis bring the services offered, such as hosting the service at a co-location facility, sending email updates about Awfis, removing repetitive information from its user lists, processing payments, to provide search results, links etc.. In connection with these offerings and business operations, service providers of Awfis may have access to Non-Public Information of the User for use for a limited time in connection with these business activities.
  12. Awfis may be required to disclose Non-Public Information including information relating to internet data and network traffic etc. pursuant to lawful requests, such as summons or court orders, or in compliance with applicable laws. Additionally, Awfis may share Non-Public Information when it believes it is necessary to comply with law, to protect Awfis’ interests or property, to prevent fraud or other illegal activity perpetrated through the Service or using the Awfis name, or to prevent imminent harm. This may include sharing Non-Public Information with other companies, lawyers, agents, government agencies or to any third party.
  13. Awfis may offer to provide services jointly with other companies and Awfis may share Non-Public Information with that company in connection with such offer or use of that service.
  1. Third Party Advertisement/Signage Rights:-

The Work Space Solutions shall at all times remain the property of Awfis and shall have the right to display advertisement of third parties on the Work space solutions made available to User.

 

  1. Indemnification of Awfis by User:-

The User shall keep Awfis and its Directors, Officials, Employees etc. harmless and indemnified for any direct, indirect, consequential, incidental loss or damage arising from the use of Work Space Solutions provided by Awfis. The User shall use Work Space Solutions strictly in accordance with the present terms and conditions regulating the usage of Work Space Solutions by User. The User shall be solely liable for any civil or criminal liability arising during the term/period of use by the User and the User shall wholly indemnify the employees, agents, directors, sister/affiliate concerns of Awfis against any civil or criminal liability/litigation relatable to the period/term/duration of use by the User or even beyond the period of use.

  1. DISCLAIMER/ LIMITATION OF LIABILITY