When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
Personal Information means and includes all information that can be linked to a specific individual or to identify any individual, such as name, address, mailing address, telephone number, e – mail address, credit card number, cardholder name, expiration date, information about the bookings, and any and all details that may be requested while any customers visits or uses the website.
Where you have consented to Awfis’s use of “sensitive” Personal Information, which is used to uniquely identify you within the meaning of Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) (“Sensitive Personal Information”), you are able to withdraw that consent at any time.
Prior to disclosing Sensitive Personal Information to a third party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the Data Subject, Awfis will endeavor to obtain your explicit consent (opt-in). Where your consent for the Processing of Personal Information is otherwise required by law or contract, Awfis will comply with the law or contract.
When you enter the Site, we collect your browser type and IP address. This information is gathered for all ASPL visitors. In addition, we store certain information from your browser using "cookies." The Website uses cookie and tracking technology depending on the features offered. We use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie".
First and foremost, you can rest assured that no personally identifiable information ("PII") about you (e.g., name, address, etc.) is gathered or stored in the cookies placed by the Website and, as a result, none can be passed on to any third parties.
A cookie may also be placed by our advertising server. Such cookies are used only for purposes of tracking the effectiveness of advertising served by us on our Website and no PII is gathered from you by the use of these cookies, nor is this information shared with any third parties. Similarly, a cookie may be placed by our third – party advertising companies or advertisement providers or servers. These companies may use aggregated statistics about your visits to this and other websites in order to provide advertisements about work space – related goods and services that you may be interested in or any goods and services of potential interest to you. The information they collect does not include your PII.
The third – party advertising companies or advertisement providers may also employ technology that is used to measure the effectiveness of ads. Any such information is anonymous. They may use this anonymous information about your visits to this and other sites in order to provide advertisements about goods and services of potential interest to you. No PII is collected during this process. The information is anonymous, and does not link online actions to an identifiable person. If you would like more information, and want to explore the option of not having this information collected by third – party advertisers.
Most Web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser. ASPL supports your right to block any unwanted Internet activity, especially that of unscrupulous websites. However, blocking ASPL cookies may disable certain features on the Website, and may make it impossible to book or use certain services available on the Website. Please note that it is possible to block cookie activity from certain websites while permitting cookies from websites you trust, like ASPL Website.
From time to time we may add or enhance services available on the Website. To the extent these services are provided, and used by you, we will use the information you provide to facilitate the service requested. For example, if you email us with a question, we will use your email address, name, nature of the question, etc. to respond to your question. We may also store such information to assist us in making the Website the better and easier to use.
Through the registration process you may provide us with your name, company affiliation, email address, telephone number, physical address, and other information that may be requested during the registration process on the Site. If you wish to create an account that requires payment of a fee, or use services offered via the Site that require payment of a fee, a valid credit card number or other payment information may be required. By submitting your payment information, you authorize ASPL to access and use this information in order to provide you with and accept payment for the Service.
When you use the Service you may submit information and content to your Profile, send messages, perform searches, submit reviews, and otherwise transmit information to other Users. We store this information and registration information so that we can provide you the service and offer personalized features.
We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.
If you use the Mobile Software, your location may be tracked on the mobile device on which the Mobile Software is installed. ASPL will not collect, transmit or otherwise use this information without your permission. We use location data to provide you relevant search results for spaces in your area. When you download and use our Mobile Software, we automatically collect information on the type of device you use, operating system version, and the device identifier.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
When you use the Service you may submit information and content to your Profile, send messages, perform searches, submit reviews, and otherwise transmit information to other Users. We store this information and registration information so that we can provide you the service and offer personalized features.
If you use the Mobile Software, your location may be tracked on the mobile device on which the Mobile Software is installed. ASPL will not collect, transmit or otherwise use this information without your permission. We use location data to provide you relevant search results for spaces in your area. As a Member, you can control when Venue Owners or other Members can see your location through your privacy settings. To opt out of location tracking, please change your settings at the device level.
When you download and use our Mobile Software, we automatically collect information on the type of device you use, operating system version, and the device identifier.
Once you register with ASPL, you may create your Profile. Your Profile information, as well as your contact information, are displayed to other Users. We may occasionally use your contact information to send you notifications regarding new services offered by ASPL and its partners that we think you may find valuable. ASPL may also send you service-related announcements from time to time through the general operation of the Service. Generally, you may opt out of such emails by following the unsubscribe option included in each email, although ASPL reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
Profile information and your reservation activity is used by ASPL primarily to be presented back to and edited by you when you access the Service. In some cases, other Users may be able to supplement your Profile or contribute information about your Venue (if you are a Venue Owner), including by submitting comments and reviews. You consent to ASPL making such information available to other Users and the public. You may change the privacy settings of your profile through your account portal. Information from your Profile may be available to our third party service provider for search engines. This is primarily so that potential users may be able to find you.
You may choose to provide information about you, your company or organization or, if you are a Venue Owner, your Venue to other Users and to the public by providing such information on public areas of the Site ("Public Information"). Public Information consists of information that is posted by you on areas of the Site accessible by other Users and/or the public, such as Venue descriptions. Public information does not include information you submit to us but do not post on areas of the Site accessible by other Users and/or the public, such as billing and payment information ("Non-Public Information").
We may provide Non-Public Information to service providers who help us bring you the services we offer, such as hosting the service at a co-location facility, sending email updates about ASPL, removing repetitive information from our User lists, processing payments, or to provide search results or links. In connection with these offerings and business operations, our service providers may have access to your Non-Public Information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any of your Non-Public Information, we implement reasonable contractual protections limiting the use of that Non-Public Information to the provision of services to ASPL.
In addition to the circumstances described above , ASPL may disclose the website member information if required to do so by the law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of ASPL or any or all of its affiliates, associates, employees, directors or officers or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. In addition, if ASPL or substantially all of its assets are acquired, our customer information will most likely also be transferred in connection with such acquisition.
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users’ activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
You can log in to our site using sign-in services such as an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Linked In Open ID provider give you the option to post information about your activities on this web site to your profile page to share with others within your network.
ASPL values Security Precaution opinions and comments from members, so we frequently conduct online surveys. Participation in these surveys is entirely optional. Typically, the information is aggregated, and used to make improvements to the Website and its services and to develop appealing content, features and promotions for Website members. Survey participants are anonymous unless otherwise stated in the survey.
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access. However no method of transmission over the internet, or the method of electronic storage, is 100% secure. Therefore we cannot guarantee absolute security. If you have any questions about security please contact us.
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
If you want to remove your contact information from all awfis.com lists and newsletters, please visit unsubscribe
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you have any grievances in this regard, please contact Mr. Manish Gupta (Grievance Officer) at the following mail ID:
Privacy Email: email@example.com
Awfis will address your grievances/concerns and attempt to resolve any privacy issues in a timely manner.
In case of any cancellation the current service tax rate on the advance will be retained by Awfis as it is to be paid by it to the concerned authorities. The Credit Card/Debit Card charges and/or any other applicable taxes or charges on the amount not refunded to the User shall be charged to the User.
The refund will be made in the same mode of payment used while booking.
Awfis will mediate when necessary, and has final say in all disputes.
The booking is not officially cancelled until the User receives a cancellation confirmation through E-mail/SMS/Notification from Awfis. In case confirmation of cancellation is not received by the User, it shall be the duty of User to contact and inform Awfis about the same.
It is a set of guidelines applicable to User and its Guest/ Visitor under the terms of the Awfis-User Agreement.
User shall be free to invite its Guests and Visitors at Awfis Work Space Solution.
Guest shall mean a person who accompanies the User for a continuous duration of 1 hour or more and Visitor shall mean a person who visits the User for duration of 1 hour or less at the Awfis Work Space Solution.
Common Area shall mean the waiting area around the Awfis reception excluding the areas dedicated for the use by Users. Dedicated User areas would include Meeting Room/ Lounge, Conference Room, Dedicated and non Dedicated workstations, Community area etc.
Number of person/s permissible as User’s Guest/s shall depend upon the type and plan of booking by the User.
User shall be responsible for booking sufficient Work Space Solution to entertain its Guests at the time of booking and Awfis shall not be responsible for providing any additional space beyond the Common Area.
Guests will be allowed in Common Area as per availability of space in Common Area subject to discretion of Awfis.
If the Guest stays for more than 1 hour without sufficient space being booked by the User, the User shall have to purchase day pass for its Guest.
Day Pass shall mean an amount equivalent to the fee for booking a Daily Flexi Seating plan or the equivalent fee for booking a Meeting Room/ Conference Room subject to availibility of Work Space Solution and at the sole discretion of Awfis.
In the event of Sufficient Space being not booked by User and sufficient space being also not available for the purpose of Day Pass, the Guest shall not be allowed to stay at Work Space Solution for more than 1 hour.
Guests and Visitors are required to adhere to the terms and conditions of the Awfis-User Agreement.
User shall ensure that its Guests and Visitors carry valid Identity Proof with them failing which they shall be denied access to Awfis Work Space Solution.
User shall be solely responsible for the actions and behaviour of its Guests and Visitors during their visit at Awfis Work Space Solution.
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.
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.
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.
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:
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.
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.
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.
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.
Term period/ duration/timing and/or listed Work space solutions:-
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.
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.
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:-
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.
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.
At AWFIS we are committed to highest standards of transparency and accountability. Consistent with our work culture, Awfis is determined to provide a work environment that is free from any form of harassment. We do not tolerate verbal or physical conduct that disrespects or humiliates another person. This naturally also extends to visitors, community members and other people working or visiting our centers.
Awfis has already put in place a policy for ‘Prevention of Sexual Harassment at Workplace’ for its own employees and visitors as per the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”), however as AWFIS believes in ensuring a workplace where all individuals are treated with respect and dignity in an environment free of sexual harassment, therefore the present policy is made to address issues and provide for a mechanism towards prevention, prohibition and redress of workplace sexual harassment relating to Awfis community members / users and their visitors.
Sexual harassment of community member occurring at any of the centers or in other situation in which visitors may find themselves in connection with their interaction with community members is unlawful and will not be tolerated by AWFIS. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.
The purpose of this policy is:
a. To promote a workplace environment at all centers that is free from sexual harassment, discrimination and any form of victimization
b. To ensure that all persons including community members in AWFIS are made aware that workplace sexual harassment is unlawful and will not be tolerated by AWFIS
c. To alert all employees, managers, supervisors, directors, executives, officers of the organization / community members working out of the Awfis Centers that this policy will be extended and applicable to them in accordance with the existing law and practice,
d. To inform that workplace sexual harassment violates the fundamental Constitutional rights to equality and dignity.
e. To Treat all Sexual Harassment cases against Aggrieved Women as breach of material terms and condition of user policy and deal accordingly.
f. To set out the types of behaviour which may be considered offensive
g. To Nurture and promote gender sensitive and safe working environment for community members at all Awfis Centers and ensure safety from persons coming into contact at such places.
h. To Promptly, confidentially and sensitively address issues related to Sexual Harassment and laying down the procedures for the resolution, settlement or prosecution of acts of Sexual Harassment.
i. To display at a prominent place in all Centers at all Locations, the penal consequences of Sexual Harassments, and constitution of the Internal Complaints Committee and names and details of Members of the Internal Committee.
j. To Organize workshops and awareness programme at regular intervals for sensitizing all community members with the Applicable Laws atleast twice a year at each centre.
k. To provide all necessary facilities for the Internal Committee or the Local Committee for dealing with the Complaints.
l. To make available to the Internal Committee such information as it may require in respect of all Complaints.
m. To provide assistance to the Aggrieved Woman for filing a Complaint under the IPC or any other Applicable Laws.
n. To carry out orientation programs and conduct capacity and skill building programs for all ICC Members as per Applicable Laws once every year.
This policy is in addition to and not in substitution for such rights as an individual may have under any Law. New and current community members acknowledge that they have been informed of and understand this policy as it is written.
This Policy shall be applicable to all Awfis centers. Consequently as per the terms and condition of the user policy this policy is applicable to all community members / organizations working out of the centers operated by AWFIS at any of the locations. The community members / organizations which have already put in place a policy to address issues and provide for a mechanism towards prevention, prohibition and redress of workplace sexual harassment and have a working ICC may choose to continue with their existing policy and the present policy will not be applicable to them. However in case the said community members / organizations fail to address any grievance as per law, related to complaint received from Aggrieved Woman and the same is brought to the notice of Awfis, then it shall be treated as a grievance received under this policy and will be readdressed as per the procedure prescribed under this policy.
i. “Aggrieved Person” shall mean an aggrieved Employee of the community member / organization or a Visitor to the community member / organization who may be affected as victims of Sexual Harassment at any of the Company Premises.
ii. “Applicable Laws” shall mean all applicable laws in respect of prevention of Sexual Harassment including without limitation the Prevention of Sexual Harassment Laws, IPC and rules there under, and applicable judicial precedents.
iii. “Complainant” shall mean an Aggrieved person making a Complaint
iv. “Complaint” shall mean a complaint of Sexual Harassment made as per this Policy.
v. “Conciliation” shall mean conciliation proceedings available to an Aggrieved Woman as per Applicable Laws.
vi. “Disciplinary Action” shall mean disciplinary action in accordance with the Service Rules.
vii. “Employee” means an employee on the payrolls of the relevant community member/ organization/ Entity and shall include those regular, temporary, ad hoc or daily wages, whether employed directly, through an agent or a contractor. It includes co-workers, contract worker, probationer, trainee, apprentice on deputation, contract, temporary, part time or full time, or working as consultants or called by any other name.
viii. “Enquiry Proceedings” shall mean the final enquiry proceedings post issue of Findings and receipt of final representations from the aggrieved person and the Respondent.
ix. “Enquiry Report” shall mean the final enquiry report issued by the Internal Complaint Committee, listing the recommendations to the Senior Management of community member/ organization/ Entity in respect of a Complaint.
x. “Findings” shall mean the findings of the Internal Committee conducted post Preliminary Investigations.
xi. “Incident” refers to an incident of Sexual Harassment.
xii. “IPC” shall mean the India Penal Code, 1860.
xiii “Internal Complaints Committee” or “Internal Committee” shall mean a committee set up in accordance with this Policy.
xiv. “Member” refers to a member of the Internal Committee appointed as per this Policy for handling the case of Sexual Harassment.
xv. “Personal File” shall mean the personal file of an Employee as maintained by HR of the relevant Company / community member/ organization.
xvi. “Prevention of Sexual Harassment Law” (in short referred to as POSH) shall mean the Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013, and Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Rules, 2013.
xvii. “Remedial Action” shall mean a remedial action against the Respondent in accordance with this Policy or policy of the concerned employer wherever applicable.
xviii. “Respondent” refers to a person committing the act of Sexual Harassment at any Awfis center or against whom a complaint of Sexual Harassment has been lodged.
xix. “Senior Management” shall mean any person responsible for the management, supervision and control of the community member/ organization/ Entity at the concerned AWFIS center.
xx. “Service Rules” shall mean the applicable service rules of the relevant community member/ organization/ Entity premises where the Respondent is working, and shall include, without limitation, all standing orders, code of conduct, policies, guidelines and/or any other communication(s) made by the Management in respect of employment or service conditions or related issues, from time to time.
xxi. “Settlement” or ‘Conciliation Settlement” shall mean the terms of settlement arrived at, with the assistance of the Internal Committee, between an Aggrieved person and a Respondent.
Harassment is any unwelcome verbal, non –verbal or physical conduct that is offensive, demeaning, humiliating, derogatory or any other inappropriate behavior that fails to respect the dignity of any employee. An act can be considered as harassment if:
a. It has the purpose or effect of violating the dignity of another.
b. It has the purpose or effect of creating a hostile or offensive work environment.
c. It has the purpose or effect of unreasonably interfering with an employee’s / community member’s work performance.
d. It otherwise adversely affects a person’s employment or career pursuits.
A. Sexual Harassment can occur in a variety of circumstances at any of the Awfis Centers, by any of the following:
(i) The Aggrieved Person or Respondent may be a woman or a man; and/or
(ii) The Respondent may or may not be a person of the opposite sex; and/or
(iii) It may occur without economic injury to the Aggrieved Person; and/or
(iv) The Respondent or the Aggrieved Person may be a Visitor on any of the Awfis centers.
B. Acts of Sexual Harassment include (but are not limited to) unwelcome sexually determined acts or behaviors (whether directly or by implication) listed below which the Aggrieved Person may consider as humiliating:
(i) unwelcome physical contact with the Aggrieved Person on any part of the body, or advances which affronts the dignity of the Aggrieved Person; and/or
(ii) a demand or request for sexual favors; and/or
(iii) making sexually coloured remarks; and/or
iv) showing pornography; and/or
(iv) any other unwelcome, physical, verbal or non-verbal conduct of sexual nature; and/or
(v) implied or explicit promise of preferential treatment in his/her employment in relation to or connected with any act or behavior of Sexual Harassment; and/or
(vi) implied or explicit threat of detrimental treatment in his/her employment in relation to or connected with any act or behaviour of Sexual Harassment; and/or
(vii) implied or explicit threat about her present or future employment status in relation to or connected with any act or behavior of sexual harassment; and/or
(viii) direct and/ or indirect threat, coercion, suggestion that the Aggrieved Person being subjected to harassment would stand to suffer in terms of employment, promotion within his /her organisation in the event the unwelcome advances are spurned; and/or
(ix) interference with his/her work or creating an intimidating or offensive or hostile work environment in relation to or connected with any act or behavior of sexual harassment; and/or
(x) any action, gesture, remark, either by action and / or verbal, which has suggestive sexual overtones either directly, or by inference. Specifically included are any obscene gestures, songs, jokes, comments which affront the dignity of the Aggrieved Person work environment for him / her; and/or
(xi) Humiliating treatment likely to affect his/her health or safety in relation to or connected with any act or behavior of Sexual Harassment.
A. Formulation of Internal Committee:
Awfis has constituted a Internal Committee as per its existing policy which is located at Delhi and the same committee shall be responsible for handling and dealing with Complaints on Sexual Harassment received under this Policy as well. B. Role of Internal Committee:
(i) To operate as the receiving and enquiring authority for dealing and investigating all Complaints of Sexual Harassment under this policy and to recommend appropriate action for each Complaint as per this Policy and Applicable Laws to the management of the concerned community member / organization / entity.
(ii) To provide / recommend interim relief, take possible immediate and appropriate corrective action by doing whatever is necessary to prevent any further Sexual Harassment and make the Aggrieved Person emotionally comfortable in accordance with this Policy and in accordance with the Applicable Laws (e.g. by counselling, providing necessary support services and so on).
(iii) To submit a detailed report and recommend appropriate Remedial Action in respect of any Complaints, and apprise the Senior Management of concerned community member / organization / entity of the same on a periodic / need basis.
(iv) Make follow-up inquiries to ensure the Harassment has not resumed or the Aggrieved Person is not being victimized.
(v) To facilitate Conciliation for settlement in accordance with Applicable Laws.
(vi) To ensure complete Confidentiality of all Complaints, Enquiry Proceeding in accordance with law.
(vii) To take a decision after the Investigations and Enquiry Proceedings against complaints of Retaliatory behaviour against or Victimization of those involved/ associated with the Complaint or Investigation.
(ix) Submission of Statutory Report and comply with information requirements in the Annual Report.
A. Complaints to be made by: Any Aggrieved Person including a Visitor or a user/ member of organization / entity may make Complaints to the Internal Committee either for himself/herself or on behalf of another community member / Visitor:
(i) Verbally; or
(ii) Over the phone; or
(iii) In person; or
(iv) In written form - through a letter/ e-mail.
B. Written complaints: All Complaints will need to be made/ recorded in writing by the Complainant covering all the relevant information in order to commence Enquiry Proceedings.
(For guidance purposes, please refer to the forms provided in Annexures of the existing Awfis -Prevention of Sexual Harassment Policy for its employees.) If the Complainant is unable to make the Complaint in writing, the Internal Committee shall render all reasonable assistance to such person to register the Complaint in writing, upon receiving a verbal Complaint. C. Time Limit: All Complaints should be made within three (3) months from the date of the Incident. In case of a series of Incidents, Complaints should be made within three (3) months from the date of the last Incident. The Internal Committee may only extend the time limit as per Applicable Law, if satisfied that the circumstances were such that delay was warranted and record reasons for condoning the delay.
A. Settlement by Conciliation: After making a Complaint, and, before commencement of Preliminary Proceedings, an Aggrieved Person may, at their sole discretion, request for Conciliation and settlement. Such Conciliation shall be in accordance with this Policy.
B. Preliminary Proceedings:
If no request for Conciliation is made by the Aggrieved Person, the following shall take place on receipt of a written Complaint: (i) The Internal Committee will contact the Aggrieved Person at the earliest, no later than three (3) working days from the date of receipt of a Complaint made in the Prescribed Manner. The Internal Committee may also contact the Respondent to obtain the Respondent’s version.
(ii) Within five (05) working days of receipt of the Complaint, the Internal Committee will organize a Preliminary Meeting with the Aggrieved Person to hear and record her/his allegations.
(iii) As soon as a Complaint is received, and no later than within seven (07) working days from the date of receipt of written Complaint, the Internal Committee will send one (01) copy of the Complaint to the Respondent.
(iv) The Respondent will be required to file his/her written reply to the Complaint along with his/her list of documents and names and addresses of witnesses, if any, within a period not exceeding ten (10) working days from the date of receipt of the Complaint by the Respondent in the Prescribed Manner.
(v) Immediately thereafter, within three (03) working days, the Respondent shall be asked to present his/her case before the Committee and an opportunity will be given to the Respondent to provide explanation.
(vi) The Aggrieved Person or the Respondent may also submit any further corroborative material with documentary proof, oral or written material, etc., to substantiate a Complaint at any stage before the Final Proceedings.
(vii) The Internal Committee may hold the Preliminary Proceedings in any Awfis Location but preferably at the concerned center or outside as it may deem proper.
C. Final Proceedings
(i) Final Enquiry: Upon completing the Preliminary Proceedings, referred above, the Internal Committee will proceed to make a Final Enquiry into the Complaint as stated in this Section. The Final Enquiry Proceedings shall be completed within four (4) weeks from the date of receipt of the Complaint.
(ii) Powers of Committee for Conduct of Investigations: For conducting Investigation, the Internal Committee shall be entitled to exercise any of the below referred powers, which shall be the same powers as are vested in a civil court when trying a suit in respect of the following matters:
a. Summoning and enforcing attendance of any person and examining him on oath;
b. Requiring the discovery and production of documents; and
c. Any other powers as shall be informed from time to time.
(iii) Final Findings: After conducting Investigation and Final Enquiry, the Internal Committee will record their Final Findings in writing in accordance with the Applicable Laws.
(iv) Final Enquiry Proceedings: A copy of the Final Findings will be made available to the Aggrieved Person and the Respondent and adequate opportunity will be given to each of them to enable them to make representation against the Final Findings before the Internal Committee. The representations of the Aggrieved Person and the Respondent shall be duly recorded in writing.
(v) Enquiry Report and Recommendations: No later than ten (10) days of completion of the Investigations and Final Enquiry Proceedings, the Internal Committee shall submit its Enquiry Report along with it’s Recommendation to the Senior Management of concerned community member / organization / entity. A copy of the Enquiry Report will be made available to the concerned parties. It is clarified that the Internal Committee shall not provide soft copies of any Final Finding or any part of the Enquiry Proceedings to any person.
(vi) The Internal Committee shall record all material facts and evidence gathered during the Enquiry Proceedings and reasons for reaching its conclusions and provide any of the following Recommendations in its Enquiry Report:
a. No Case is Made Out: In the event the Internal Committee determines and Recommends in its Enquiry Report that the allegation against the Respondent has not been proved and/or the Complaint does not fall under the purview of Sexual Harassment, it shall recommend that no action is required to be taken in the relevant Complaint.
b. False Complaint. If the Internal Committee determines in its Enquiry Report that allegations in a Complaint against a Respondent are false and malicious or forged or misleading evidence has been produced by any witness or any Complainant, the Internal Committee shall recommend necessary actions to be taken by the Senior Management of the concerned community member / organization / entity in accordance with its existing policy ( wherever available) or as per this Policy. It is clarified that inability to substantiate is not a false Complaint.
c. Case is Made Out: In the event the Internal Committee determines that a Case is made out, it shall recommend to the Employer / Senior Management of the concerned community member / organization / entity the Remedial Action, in accordance with its existing policy ( wherever available) or as per this Policy.
A. Conciliation and Settlement for Aggrieved person:
If the Aggrieved Person requests for Conciliation, in writing, before commencement of Enquiry Proceedings, the Internal Committee shall facilitate and take steps for settling the matter between her and the Respondent through Conciliation. However, no monetary settlement shall be made as a basis for such Conciliation.
The terms of Conciliation Settlement shall be recorded by the Internal Committee and forwarded to the Senior Management of the concerned community member / organization / entity to take action as per the Recommendation of the Internal Committee. Copies of such Settlement should be provided to the Aggrieved Person and the Respondent.
Where a Conciliation Settlement is arrived at, no further Enquiry shall be conducted by the Internal Committee. B. Remedial Action as per the Enquiry Report:
The Senior Management of the concerned community member / organization / entity shall act upon the Recommendation within fifteen (15) days of receipt of the Enquiry Report and the Recommendation(s), as follows: (i) If no case is made out: the Complaint will be dropped after recording the reasons thereof.
(ii) If a False Complaint or Malicious Evidence is filed: the Senior Management of the concerned community member / organization / entity may take action against the Complainant or person who has made the Complaint in accordance with the Service Rules of the relevant Company / Entity.
(iii) If a Case is Made Out, the Internal Committee may suggest the following:
a. Initiate Enquiry for Misconduct in accordance with the applicable Service Rules of the concerned community member / organization / entity; and/or
b. Recommend deduction from the salary of the Respondent such sum as it may consider appropriate to be paid to the Aggrieved person and pay compensation in accordance with this Policy; and/or c. Require a written apology from the Respondent; and/or
d. Direct the Senior Management of the concerned community member / organization / entity to Issue to the Respondent a warning, reprimand or censure, withholding of promotion, withholding of pay rise in increments, terminating the Respondent from service or undergoing counselling session for carrying out community service or any other steps as provided in its existing policy ( wherever applicable).
(v) Misconduct: All cases where action of misconduct is required to be taken shall be dealt with as per the Service Rules of the concerned community member / organization / entity that the concerned Senior Management may deem commensurate having regard to the severity of Sexual Harassment.
(vi) Compensation. The Internal Committee may award compensation to the Aggrieved person under this Policy upon having due regard to the following:
a. Mental trauma, pain, suffering and emotional distress caused to the Aggrieved Woman; and/or
b. Loss of career opportunity due to incident of sexual harassment; and/or
c. Medical expenses for physical or psychiatric treatment; and/or
d. Income and financial status of the Respondent; and/or
e. Feasibility of payment in lump sum or in installments; and/or
If the concerned Employer is unable to deduct from the salary of the Respondent on account of his being absent, or cessation of employment, it may direct the Respondent to pay the compensation amount directly to the Aggrieved Woman; and/or If the Respondent fails to pay the amount, the Internal Committee may forward the order of recovery of the sum as an arrear of land revenue to the concerned District Officer
Recourse to Court: Appeals against recommendations of the Internal Committee may be made to a Court or tribunal as per the Service Rules applicable to the person making the appeal. Rules are to be prescribed by the appropriate government for manner of making appeals where no service rules exist.
Local Committee: As per Applicable Laws, Aggrieved person, istead of applying under this Policy, may choose to make complaints against employers of community members / organization or in cases where Internal Committee has not been set up in writing by such community members / organization, to the Local Complaints Committee constituted at a District Area. The Proceeding of dealing with Complaints and Enquiry Proceedings shall be as per Applicable Laws.
A. Confidentiality Obligation: Awfis is committed to maintaining confidentiality of the Complaint, and except to the extent required to give effect to the implementation of this Policy, the identity and address of the Aggrieved Person, Respondent, Witnesses, information relating to conciliation and Enquiry Proceedings, recommendation of the Internal Committee and action taken by any Company Entity shall not be communicated, published or made know to the public, press and media in any manner.
B. Permitted Disclosure: Only information regarding justice secured to any the Aggrieved Person without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the Aggrieved Person or the Witnesses may be shared.
C. Breach of Confidentiality Obligation or Permitted Disclosure: Violation of obligation to adhere to the Confidentiality Obligation or Permitted Disclosure, listed above can result in Disciplinary Action against the concerned Committee Member as per Applicable Laws.
Annual Report: The concerned community members / organization / Company / Entity shall include in its Annual Report the number of cases filed, if any, and their disposal under the Applicable Laws.
Note : For various formats under this policy, please refer to the forms provided in Annexure of the existing Awfis -Prevention of Sexual Harassment Policy for its employees
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.
The website www.awfis.com or any other sub domain is owned and operated by AWfis Work Space Solutions Private Limited (“Awfis”) .
By merely using the website/App, the Space Provider shall be deemed to have contracted with Awfis and have agreed to be bound by the terms and conditions herein contained in this Agreement.
Space Provider’s use of the website/App and the Work Space Solution offered by him through the website/App are subject to and governed by the following terms and conditions including the applicable guidelines, policies, terms, and conditions which are incorporated herein by way of reference. If the Space Provider transact on the website/App, it shall be subject to the policies that are applicable to the website/App for such transaction.
When the Space Provider uses the website/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 Space Provider by email or by such other mode of communication, electronic or otherwise.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES AND MUTUAL PROMISES, COVENANTS SET FORTH HEREINAFTER THE PARTIES HERETO AGREE AS FOLLOWS:
Awfis is involved inter alia in the Business of providing workspace solutions including shared work space, co-working workspace, business centers, office solutions, personal workstations, meeting rooms, conference halls etc. (general and premium categories) in the form of ready to move in and/or use office spaces, desks, cubicles with provisions of basic office equipment, furniture, infrastructure, essential services, security etc. under various formats, for users to book and use through Mobile APP and/or Awfis website on a daily, weekly and monthly basis.
Awfis is willing to expand its business through Space Provider who are already having work spaces, co-working workspaces, business centers, office solutions, personal workstations, meeting rooms, conference halls etc. which are operated, managed, controlled by such Space Provider and the Space Provider consents to the same being used by Awfis for the benefit of its users by making bookings in respect thereof for its users in accordance with the Terms and Conditions of the Awfis-User Agreement.
Space Provider is in possession/owner of the premises hereinafter referred to as “venue/space”, which he is desiring to offer for use as work space which includes and is not limited to all buildings and erections, fixtures and fittings, amenities and facilities to be provided by it for use in business.
In consideration of the amount hereinafter reserved and of the other conditions herein contained, the Space Provider desires to provide its space/venue, Provide food and beverage offering for the user of space and such other amenities and facilities as required to run the day to day work space solution and Awfis agrees to utilize the work space solution provided by the Space Provider on its premises located at————— upon the terms and conditions set out herein below.
This Agreement shall be for a period of Three Years unless terminated earlier in accordance with the provisions of this Agreement.
ACCOUNTS; BOOKING DATA; VERIFICATION
In order to offer or otherwise schedule time in a workspace, the Space Provider agrees to register with Awfis. Upon such registration, Space Provider shall be provided with a user ID by Awfis thereby permitting him access to the Awfis website. Awfis may provide Space Provider with the ability to use usernames, passwords, or other codes to gain access to its Sites.
Space Provider is entirely responsible for maintaining the confidentiality of its access codes and for all activities that occur under its account. Awfis reserves the right to immediately terminate Space Provider account in his sole discretion and without prior notice to Space Provider wherever there is any material breach on the part of Space Provider under this Agreement.
In connection with registration, use or participation in the web Service provided by Awfis, Space Provider agrees
to provide accurate, current and complete information about him, his organization and/or Venue as requested by Awfis;
to maintain and promptly update the Booking Data and any other information which he provides to Awfis, to keep such information accurate, current and complete;
to be fully responsible for all use of his account and for any actions that take place through his account.
Space Provider agrees to respond promptly and completely to requests from Awfis for additional information that Awfis deems necessary to determine the level and quality of facilities, amenities, services etc.to be provided by him.
Space Provider undertakes to interface his software with Awfis Booking App to keep Awfis updated all the times regarding the availability and status of space including space availability for selected date/time range and allied services thereby enabling users of Awfis to make booking of such Space through Awfis mobile APP/Awfis website.
Space Provider ensures that his system/software shall reflect clear cut display of availability of work space.
Awfis reserves the right of verification of facilities by Space Provider before it is listed on Awfis website. Awfis reserves the right to verify the accuracy or authenticity of any Space Provider Content, including any Venue descriptions or Venue availability information provided by Space Provider and/or allied amenities, or facilities in respect of business, before it is listed on Awfis website.
Awfis is entitled to charge verification fee for an amount of sum of Rs.5000/- (FIVE THOUSAND ONLY) for each such agreement.
Verification Charges, in any instance, will be non- refundable.
Awfis reserves the right to collect and process payment in respect of bookings carried out through space/venue provided by the Space Provider.
Out of the revenue generated in respect of bookings carried out through space/venue provided by the Space Provider, Awfis shall retain X % of amount and shall transfer the remaining amount per transaction to the Space provider within X days.
Awfis’s share of revenue shall drop each time Awfis user rebooks the venue of Space Provider.
Awfis reserves the right to withhold payment to the account of Space Provider any amounts due as a result of a breach of any Terms and conditions of this Agreement by Space Provider, pending investigation/inquiry of such breach by Awfis.
In case Space Provider disputes any payment made hereunder, he shall notify Awfis in writing within ——– days of any such payment; failure to so notify Awfis shall result in the waiver by Space Provider of any claim relating to any such payment.
DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF SPACE PROVIDER
Awfis may terminate Space Provider’s access to the web Service and his account if Awfis has reason to believe that there is a breach on the part of Space Provider with respect to the terms and conditions of this Agreement as described below:
Space Provider is solely responsible for maintaining the Venue in safe condition and in compliance with law and any applicable building requirements.
Space Provider is solely responsible for ensuring that the Venue is clean and hygienic all the time.
Space Provider ensures abiding by its commitments towards amenities and facilities to be provided by him for use in the business e.g. office equipment, furniture, infrastructure, housekeeping, cleanliness, food & beverage service, Wi-Fi, security etc.
All interior designing, fit outs builds, house keeping, facilities management etc. of the Work Space of the business shall be carried out by the Space Provider.
The Space Provider admits to pay any and/or all costs including but not limited to, telephone, electricity, water, bandwidth, insurance and other fixed and variable expenses in pursuance of such work space solution being offered by him.
All operating expenses related to salaries of the staff dedicated to the work space will be borne by Space Provider.
Space Provider will ensure and will be responsible for making all the arrangements committed by him under this Agreement.
Space Provider shall maintain space/venue and as may be reasonably required by Awfis from time to time in accordance with its image and reputation.
Space Provider is solely responsible for ensuring that its venue/space does not violate any lease or other agreements relating to Venue or any municipal law/ policies, and it shall be solely responsible for and shall indemnify Awfis against any fines, losses or other liability arising from such violations.
Space Provider shall comply strictly with stipulations, if, any, regarding Time.
The said venue/space shall contain the fixtures and fittings existing thereon in good condition as committed by Space Provider. Provided always that such installations or other works, fittings and fixtures, shall remain the property of the Space Provider. The Awfis’s user shall be entitled to use the said venue for any office purpose whatsoever during the continuance of the Agreement in accordance with the terms and condition of the Awfis-User Agreement as well as the present Space Provider Agreement.
The Space Provider shall pay all charges in respect of electric power, light and water used on its premises during the continuance of these presents.
Any user grievance including theft, violence etc.at the venue/space provided by the Space Provider shall be the sole and absolute responsibility of Space Provider.
All existing and future rates, taxes including property taxes, assessment charges and other out-goings whatsoever of description in respect of the said venue payable by the owner thereof , shall be paid by the Space Provider.
COMPLIANCE WITH LAW
Space Provider shall comply with all applicable laws and regulations concerning the operation of its venue/space and shall obtain all permits, certificates, or license and shall pay when due, all national and local licensing and permit fees concerning the venue/space offered to Awfis. The Space Provider shall comply with all laws and statutes and shall not do anything illegal or immoral or which may become a nuisance to any user of Awfis.
SIGNAGE AND SPACE PROVIDER’S OBLIGATIONS CONCERNING THE TRADEMARKS
Space Provider shall place directional signage with Awfis’s name or any trademark or logo of Awfis at its venue.
Awfis authorizes Space Provider to use the Trademark only with prior written approval and consent solely for the purpose of promoting the Business and any usage will be in accordance with the reasonable directions of the Awfis;
The Space Provider undertakes not to do anything to prejudice or damage the goodwill in the Trademarks or the reputation of the Awfis;
The Space Provider shall comply with all reasonable requirements from time to time laid down by Awfis as regards the use and presentation of the Trademarks;
DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF AWFIS
Awfis hereby agrees to let Space Provider offer its space/venue as work space solutions for just in time office and meeting solution for the term as stipulated under this Agreement.
Awfis ensures that it shall process the payment to Space Provider in the manner as more particularly described under Payment Procedure Clause under this Agreement.
Awfis acknowledges that the policies of Space Provider shall be applicable to its users.
Notwithstanding anything contained in this Agreement, Awfis hereby undertakes, covenants, agrees and warrants to Space Provider that it shall not do anything or cause anything to be done which may adversely affect, or threaten to damage, tarnish or cause ill-repute to Space Provider, including its business reputation, interests and goodwill, at any time during the Term of this Agreement.
Awfis shall have right to enter and inspect Space Provider venue without prior notice to observe the manner in which it is rendering the services and to ensure the quality of the services and to ensure that Space Provider is adhering to its commitments and for that purpose Awfis, Awfis Staff and such other authorized person as may be nominated by Awfis, shall have the right to enter and inspect Space Provider’s venue without prior notice, to observe the manner in which Space Provider is rendering the services.
Awfis reserves the right either directly or through a third party to conduct mystery shopping inspection at the venue of the Space Provider.
The cost of such inspection shall be borne by the Space Provider in the event the space Provider is found to be in breach of its obligations.
In the event, pursuant to this Agreement, the Space Provider is found in breach of the terms of this Agreement Awfis shall have the right to terminate this Agreement in accordance with the provisions of Termination clause defined under this Agreement. TERMINATION
Subject to the other provisions of this Agreement, neither Party shall have the right to terminate this Agreement except, if any of the following events occur:
If the other Party makes an arrangement or composition with or for the benefit of its creditors;
(ii) If the other Party ceases to carry on business (other than temporarily by reason of a strike or lockout) for more than ninety (90) days or admits its inability to pay its debts as they fall due;
(iii) if an order is passed by a competent court or tribunal for winding up or dissolution of the other Party (other than for the purposes of reconstruction or amalgamation), or a resolution is passed for the voluntary winding up or dissolution of the other Party;
(iv) If a receiver, liquidator or other similar officer is appointed by a competent court or tribunal in respect of the other Party and such appointment is not stayed or vacated for one hundred and twenty (120) days after the date of such appointment.
Notwithstanding any other provision of this Agreement Awfis shall have the right to terminate this Agreement if Space Provider is found not to be abiding by its commitments and not providing the Services in accordance with its commitments,
Awfis shall have the right to immediately terminate Space Provider listing or the account of Space Provider or its ability to use the Service, in whole or in part, without notice in the event that
Space Provider violates the Terms of this Agreement;
Space Provider’s conduct may harm Awfis or others or cause Awfis or others to incur liability;
Awfis receives negative feedback from its users
And/or as otherwise determined by Awfis in its sole discretion.
Awfis may terminate the account of Space Provider at its sole discretion if there is a material breach or persistent breach of the terms of this Agreement (if the breach is capable of remedy, Space Provider fails to remedy the breach on reasonable notice), there is frequent complaints from user or in case of serious nature of complaints, or in the event of any conduct by Space Provider which Awfis in its sole discretion considers to be unacceptable.
At any instance if a rate lower than the rate listed on Awfis’s website is being offered by Space Provider to users, Awfis may at its sole discretion and without any notice being served delist Space Provider.
The seriousness of complaints and its implications shall be determined by Awfis in its sole discretion and Awfis shall have absolute rights to either completely or partly withhold payment till the dispute is resolved. Awfis reserves the right to withhold payment of any amounts due as a result of a breach of the Terms and conditions of this Agreement by Space Provider, pending Awfis’s investigation/inquiry of such breach depending on the nature of complaint.
Either Party may terminate this Agreement at any time by providing ——-days notice of termination to the other Party.
CONSEQUENCES OF TERMINATION
Space Provider access to, use of, or participation in the Service, including any content therein, may be prevented by Awfis at any time after his termination of this Agreement. Notwithstanding anything herein to the contrary, upon termination of Agreement, Awfis shall remove the Profile of Space Provider and cease displaying his Profile Content, including his Venue listings and other allied services from its website/mobile APP.
Space Provider agrees to have an exclusive arrangement with Awfis during the life of this Agreement and will not directly or indirectly be engaged, concerned or participate or enter into an agreement of similar nature as that of Awfis, with any third party during the Term of this Agreement, and for 180 days after the termination of this Agreement.
The Space Provider shall take all steps necessary to preserve and protect the Confidential Information related to business operations, Awfis processes, customer information, transaction information, pricing structure etc. of Awfis from publication, communication or other unauthorized disclosure to third parties.
SPACE PROVIDER’S CONDUCT
Space Provider shall not upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Awfis.
Upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Awfis, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Awfis or its users to any harm or liability of any type.
ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to any other representations and warranties under this Agreement,
Space Provider represents and warrants that Space Provider shall obtain prior written approval of Awfis for any and/or all media communication and marketing communication ( all forms- print, video, audio, radio etc.) which include mention of Awfis name/logo/reference etc.
Awfis represents that it is allowed to mention Space Provider’s reference/ logo/ name as Listing partner in its marketing and media communications.
The Space Provider Content and all other content submitted to the web Service through Space Provider’s account or otherwise posted, transmitted, or distributed by him on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii)and is truthful and accurate;
The Venue offered hereunder is free of any known conditions or defects that would pose a hazard to or risk the safety of any Awfis user;
Space Provider have sufficient rights to participate in the Service as a Space provider, and his participation in the Service as a Space Provider will not violate or result in the breach of any agreement between Space Provider and any third party, including any lease agreement or other agreement relating to the Venue.
REPRESENTATIONS AND WARRANTIES BY THE PARTIES
Each of the Parties hereby represents warrants and undertakes that:
(i) it is duly organised and validly existing under the laws of India, and has full power and authority to enter into this Agreement and to perform its obligations under this Agreement;
(ii) the execution and delivery of this Agreement and the performance by it of its obligations under this Agreement have been duly and validly authorised by all necessary corpora