Information about Occupyd

Terms of use

INTRODUCTION 
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.

The following terms and conditions ("Terms of Use") govern the use of the Site, any Occupyd mobile device software applications (the "Mobile Software"), and any related services (together with the Site and Mobile Software, the "Services") made available by Occupyd. By accessing, using or participating in the Services, you ("you" or the "User") agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must cease using the Services. You are required to read these Terms of Use carefully. 

OCCUPYD’S RIGHTS, OBLIGATIONS AND RESPONSIBILITIES.
 Occupyd does not at any time provide, or purport to provide, any advice or advisory services to landlords, tenants or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any rental agreement. Occupyd disclaims all liability relating to the provision of advice and information relating to the property. Users accept that Occupyd’s role is limited to no more than that of a facilitator. Occupyd reserves the right at its sole discretion to remove without notice listings from the Site, illegal, inaccurate or misleading content, including anything that in its opinion is injurious to Occupyd’s goodwill or the goodwill attaching to the Site. Occupyd reserves the right, at its sole discretion, to modify the Site, Mobile Software or Services or to modify add, or delete portions of these Terms of Use, including the Service Fees, at any time and without prior notice. If we modify these Terms of Use, we will post a notification on the Site or via the Mobile Software or otherwise provide you with notice of the update in the “Last Updated Date” section at the top of these Terms of Use. By continuing to access or use the Site, Mobile Software or any related Services after we have posted a modification on the Site or via the Mobile Software or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must cease using any and all Services provided by us. Occupyd is not liable for denial of any services advertised on Occupyd, for example if the ‘Workspace Provider’ refuses to provide its services to the ‘Occupier’. Occupyd reserves its right to change or amend its policies in relation to cancellation of bookings at any time. Occupyd reserves the right to change, alter or vary listings at any time.  Occupyd reserves the right to refuse to list opportunities that are deemed to be a mismatch with the Site’s users.

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.

GENERAL TERMS.

‘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.

MEMBER, ACCOUNT, PASSWORD, AND SECURITY.
  The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your Occupyd account.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Occupyd immediately of any unauthorised use of your account or any other breach of security. Occupyd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Occupyd or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE,
  As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use and / or any document executed in writing between a Workspace Provider and Occupier. You may not use the Services in any manner that could damage, disable, overburden, or impair any Occupyd server, or the network(s) connected to any Occupyd server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorised access to any servers, other accounts, computer systems or networks connected to any Occupyd server or to any of the Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

ADVERTISEMENTS.
 Advertisements are being posted on our websites by Workspace Providers and other third parties. The Advertiser is solely responsible for ensuring that they comply with all applicable laws. Occupyd is not responsible for any negligence, error, claims or demands on the advertised data, information or material. Advertisers agree to adhere to these Terms of Use. All rights of the Advertiser unless documented in writing shall be expressly governed under the provisions of these Terms of Use.

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;
and
  • the Occupier expressly agrees that the space / property booked by the Occupier shall be subject to you further complying with the terms of use specified by the Workspace Provider. Occupyd does not guarantee the right to admission, possession and use of the Workspace Provider’s premises.


DISCLAIMER
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;
or
  • 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.
Disclaimers for individual Services and properties are linked to the relevant sections, failing which these Terms of Use will always be in force.

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.