and ACCEPTANCE OF TERMS
Last updated 29.11.2018
This website (the "Site") is owned and operated by Occupyd Ltd ("us", "we", or "Occupyd") with company number SC598965, and with registered address 10a Gardners Crescent, Edinburgh, UK. These terms apply to your use of the Site. Through its online presence and network, Occupyd provides you with access to search and choose, and also facilitates the booking of physical workspace.
The Site is an online community which enables corporate professionals, organisations, entrepreneurs, startups etc. to access and/or pay for services from time to time made available via the Site. Occupyd is an aggregator of commercial property and facilitates the advertisements / listings of properties and booking of commercial spaces. Occupyd is not the owner / lessor of the properties listed on the Site.
Occupyd takes reasonable care in employing conventionally available security measures to keep data of its users safe. We cannot guarantee safety of this data if our servers or website application is hacked with malicious intent and user’s data is compromised. If a user has evidence or suspects that some other user is accessing their account to deface it or defame them, the user should inform us immediately. In response, Occupyd may bar access of that user to its systems. Notwithstanding our attempts to prevent such activity, Occupyd does not assume responsibility for any subsequent successful hacking attempt of that user.
Although we provide rules for user conduct, we do not control or direct users’ actions on Occupyd and are not responsible for the content or information users transmit or share on Occupyd. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Occupyd. We are not responsible for the conduct, whether online or offline, of any user of Occupyd. We do however work to ensure that all information posted on the site is accurate and truthful. We will actively remove content that does not conform to our standards and policies.
‘Workspace Provider’ means any user who creates and / or manages a listing on Occupyd. Occupyd is not responsible for the conduct of any prospective Occupier during the negotiations of any Rental Agreement. Workspace Providers accept that any decision to grant use of or let a property to a particular Occupier is made solely by the Workspace Provider without any representation, warranty or statement made by Occupyd. Occupyd has no obligations to Workspace Providers to reinstate or repair, any properties let by Workspace Providers at the end of any tenancy agreement.
Workspace Providers understand and agree that they are solely responsible for determining their applicable Tax reporting requirements, and for any Taxes to be collected or obligations relating to applicable Taxes in Listings. Occupyd cannot and does not offer Tax-related advice.
‘Occupier’ An Occupier is any user who expresses interest in a space on Occupyd. Interest can include; bookings, enquiries, requests or browsing the site. If you are a potential Occupier, when you have identified a property on Occupyd which meets your requirements you submit a booking to the Workspace Provider via the Site. The Workspace Provider will then promptly respond, either accepting your booking or declining it. If the offer is accepted, you may be required to enter into an agreement with the Workspace Provider.
The Occupier must comply with the terms of any such agreement with the Workspace Provider. Occupiers are responsible for insurance against risks normally borne by occupiers of commercial premises or otherwise specified by the Workspace Provider. If a Occupier or Workspace Provider has any doubt about what insurance is required, they should consult their own insurers or insurance brokers. Occupiers are responsible for satisfying themselves that a listed property fits their requirements, both as regards the specific features and amenities at the property and as regards the location. Occupyd does not guarantee that properties listed by Workspace Providers are of suitable condition to be let or that Workspace Providers have the right to enter into rental contracts and to receive rental payments in respect of the properties. It is the sole responsibility of Workspace Providers to obtain permission, where necessary, to enter into rental contracts and to receive payments in respect of the properties. Workspace Providers are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on the Site. Occupyd disclaims all liability for the legality, accuracy or completeness of any rental offers or content posted by Workspace Providers and in respect of any proposed agreement that fails to complete for any reason whatsoever. Agreements are made exclusively between Workspace Providers and Occupiers. Occupyd is not a party to any agreement, or negotiation to any agreement, and does not fulfil any obligations derived from the contractual relationship between Workspace Providers and Occupiers. Occupyd does not make or accept any offers, either in its own capacity or on behalf of either Workspace Providers or Occupiers or any other party. Occupyd disclaims all liability arising from or related to any such agreements to the fullest extent permitted by law. Workspace Providers must ensure that health and safety standards are maintained at all times. All parties must comply with all health and safety and fire legislation.
INTELLECTUAL PROPERTY. The copyright and all other intellectual property rights in the Site belong to Occupyd or its licensors. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Occupyd. Unauthorised use of the material, data, design, marks, trademark, copyrights or any information may violate intellectual property laws. You acknowledge that your use of the content on the Site will not be misused in any way or violate any laws prevailing in The United Kingdom or any International laws.
OCCUPIER’S RIGHTS, OBLIGATIONS AND RESPONSIBILITIES You accept that, following the execution of an agreement between you and the Workspace Provider, the rights, obligations and responsibilities of the Occupier are as follows:
- all information furnished by you is true, accurate and correct;
- it shall be up to you, the Occupier and any Workspace Provider to agree how to fulfil / execute the terms of the agreement, in writing, if required by the Workspace Provider;
Your use of the services are at your sole risk. The services are offered on an “as is” and “as available” basis. So far as permitted by law, Occupyd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, fitness for a particular purpose and non-infringement with respect to the services or site content, or any reliance upon or use of the site content or services. That the information provided on the site is accurate, reliable, complete, or timely. That the links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated.
No warranty or representation on behalf of Occupyd and its associates and affiliates, is given that:
- the quality of any Services, information or other material purchased or obtained by you through the Site or any Services provided by or on the Site will meet your expectations;
- the Site or Services provided will meet your requirements;
- the service will be without interruptions, always timely and secure or free from all errors;
- the results that may be obtained from the use of the Site or any Service provided by it will be accurate or reliable;
- any errors in the software will be corrected;
- any material / contents downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Occupyd and/or its associates and affiliates do not warrant that the Site, its servers, or any mail sent from Occupyd will not have viruses or harmful components. If any damage is caused to your computer system and any losses accrue it will not be the responsibility of Occupyd. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Occupyd, its associates and affiliates cannot guarantee the accuracy, integrity or quality of any contents. You may be exposed to contents that are offensive, indecent or objectionable. We can only ask you to inform us immediately in order to remove any offensive material.
LIMITATION OF LIABILITY. Our entire liability, and your exclusive remedy with respect to the Site content and services and/or for any breach of this agreement is limited to the amount you paid for services used via the Site. So far as permitted by applicable law, Occupyd will not be liable for any direct, indirect, incidental, special or consequential loss howsoever arising in connection with this agreement or any direct, indirect, incidental, special or consequential loss that you may claim against the Workplace Provider.