GENERAL TERMS AND CONDITIONS
1. General Description
1.1. Introduction
These Terms and Conditions, (this “Agreement”), is a legal agreement between you and Awaio AB, a Swedish company (“Awaio”), which guides your use of and access to Awaio’s software platform made available through the application, (the “Application”). If you don’t want to be bound by this Agreement, please do not access or use the Application. Awaio may terminate, without notice, your access to the Application for failure to comply with this Agreement. By creating an account in the Application, you accept this Agreement and agree to be bound by each of its terms. This Agreement is binding and enforceable against you. The services within the Application is mainly intended for use by businesses and organizations and not for consumer purposes. By accepting this agreement, you warrant that you act on behalf of an entity. You have read and understand Awaio’s Privacy Policy, the terms of which are posted at our website and incorporated herein by reference (the “Privacy Policy”).
1.2. What Awaio offers
The Application is an online marketplace via which Companies offer available workplaces/workspace services, such as meeting & conference rooms, work desks, furniture and similar to registered users. In these terms of Awaio service, the term “Hosts” refers to coworking firms, offices, real estate firms, hotels & restaurants, showrooms, but it may also refer to other providers operating within the office segment e.g. anyone with unused space that might function as an office/workplace. Hosts who enter into an agreement with Awaio are allowed to use the Application to publish listings. The aim of this intermediation service is to give Companies and firms the opportunity to share office space as an office-on-demand service to registered users/guests.
2. Purpose
2.1. The purpose of this Agreement is to explain the terms and conditions under which Awaio will let you use the Application through your mobile device, (the “Purpose“). As also mentioned in other parts of this Agreement, Awaio does not have any control over any Hosts workspace or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.
3. The Awaio Marketplace Service
3.1. Registration
To use the booking service and the features made available through the Application, you are required to complete a registration process to create an account with Awaio (“Account”) and become a user/guest. When you create your account you are given access to use the Application during the Term (as defined below) solely for the Purpose. Creating your Account offers you easy access to see offices and workplaces available near you, your current order/booking, your previous bookings, and edit your personal preferences. In order to create your Account, it is necessary to provide personal information, which includes but is not limited to, your name, contact information and payment information. How Awaio may store and use of the personal information provided by you when registering for an Account and/or using the Application is set out in the Privacy Policy.
3.2. Supply of office space/places
Awaio owns and provides a marketplace for Hosts to do listings of available office resources to offer you the opportunity to a pay-per-use of available workspace services that would otherwise stay unused. You can filter on preferred options such as type workplace, meeting room, sit/stand desk, focused work, open lounge. The supply of workplaces is depending on each Hosts availability on a daily business, and as such it is not guaranteed that workplaces are available at all times you use the Application.
3.3. Information about the workplaces
Through the Application you are presented with a description of the various workplaces so that you as a user/guest will get as good information about the various types of available workplaces services and pricing as possible. Awaio service is not the provider or the producer of the workplaces/buildings, offices listed in the service nor is Awaio responsible for the information given about each workplace and/or furniture. Awaio has a rule of guidelines for Hosts in how to list objects in the Application. The Hosts is responsible for all the information and pricing regarding the item. Would you have any questions regarding given information about a workplace, Awaio directs you to the Host that provides the services.
3.4. Order and order confirmation
As a logged in Awaio user, you can purchase the workplace service through the Application. After placing the booking you will get an order confirmation via the user interface of the Application.
3.5. Order cancellation
If nothing else is stated by the Host, cancellations with refunds are generally possible up until 6 hours before arrival, but certain conditions specified at the time of purchase may apply.
When cancelling a booking paid for using a debit or credit card, you will be charged a cancellation fee of SEK 12.50. If you are a consumer: According to the law on distance and doorstep selling (2005:59) there is no right of withdrawal on this type of service, but most purchases, as stated above, still may have the option of being cancelled up until six hours before the subject time of delivery of the service.
3.6. Payments
Payment for the workplace service is made through the Application. If an order/booking hasn’t been paid for through the Application, it will not be considered a completed order/booking. Furthermore, as all workplace services are sold out on a first come first serve basis, Awaio cannot guarantee that you will get the workplace service you have started, but not finished, ordering/booking. Awaio may use a payment service provided by a third-party to handle the payment and will automatically charge your chosen account at the time of your order/booking and, during checkout, may charge you a security deposit.
When you receive the order confirmation, a binding contract is formed directly between you and the Host.
3.7. Access to the workplace
Upon arrival, you show the Host the booking confirmation in the Application to receive your workplace service. If you have not checked in and used the workplace service during the given time frame, the Host is not obliged to give any refund. Unless stated otherwise by the Hosts, you are not entitled to receive a refund for bookings that have not been used and/or entered.
3.8. Fees
Awaio does not currently charge its members to access and use the Application, however Awaio may, at any point and in its discretion, decide to begin charging fees for use of various portions of the Application and/or for different levels of subscription or accounts.
3.9. Reclamations and service disruptions
The Application is a marketplace via which Hosts offer available workplaces/workspace services. Awaio is not the provider or the producer/owner listed in the service. The Hosts that sell out the object/workspace service is responsible for all the user reclamations concerning the workplace quality and services connected to the service and Awaio directs the reclamations to the Host.
If you detect a technical error or other error in the Application, you can report the problem through the Website awaio.com.
3.10. Support
Awaio offers support via the support center that you reach on the Website awaio.com. Please refer to the Website for up to date information on the support center’s opening hours.
3.11. Advertisements
Awaio does not currently provide any advertisements in the Application, however Awaio may decide to deliver advertisements in the future.
4. Conditions of Use
4.1. Certain responsibilities
It is your responsibility to make sure that all information provided by you to Awaio is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward. It is also your responsibility to protect your Account information as it should be kept strictly confidential.
4.2. Certain Restrictions
Awaio does its best to keep the Application safe and secure but need your help to do it by not violating or attempting to violate the security of the Application. Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:
a) any portion of the Application, any content, photographs, descriptions, software, image or other information or any data taken therefrom (collectively, “Content”).
b) any information or materials retrieved from either of them, which includes graphics and logos, presentations, in whole or in part. Furthermore, you may not use the Application for any purpose that:
c) invades any person’s or entity’s privacy or other rights;
d) misidentifies you or impersonates any person or entity, including, without limitation, any employee or representative of Awaio; or
e) could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
4.3. Your responsibilities
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any workplace. For example, this means: (i) you are responsible for leaving a workplace (and related areas) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. By placing an order/booking you are automatically bound to any rules and provision set forth by the Host in the Host’s description.
4.4. Awaio rights
Awaio has the right to at any time suspend a user or terminate the user’s account and access to the Application if the user violates this Agreement or uses the Application in a way that is harmful to Awaio or any third party.
5. Content
5.1. Third party content
5.2. The Application contain and/or provide access to content provided by Hosts and other third parties, including, workplace information, pricing, discount information, photographs, graphics and merchant information (“Third Party Content”).
5.3. Information accuracy
The third party that any Third Party Content originates from is solely responsible for it, and Awaio does not and cannot review all Third Party Content made available through any part of the Application. As such, Awaio cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Application. In no event shall Awaio be liable for any damages arising out of your use of the Application, or for any loss or damage of any kind incurred as a result of any Third Party Content or offers. Awaio cannot guarantee that the Application, including the Content, will be uninterrupted or error free. Awaio cannot be held responsible for if the Application is down or if any Content, information or functionality does not work as expected.
5.4. Intellectual property
For purpose of clarity between you and Awaio, you are the sole owner of all information and content entered into the Application or otherwise posted by you. Awaio is the sole owner of the name “Awaio” as well as the Application, and all source code, software, content and other intellectual property related to it or included in it. All suggestions and recommendations from you to Awaio regarding the Application are, upon submission to Awaio, owned by Awaio.
5.5. Copyright infringement
Awaio respects the intellectual property of others and asks you to do the same. You may not use the Application, the Content or any other materials from the Application in any manner that may infringe upon any copyright or other intellectual property right of Awaio or any third party.
6. Term and Termination
6.1. Term
This Agreement shall continue in full force until either: (i) You terminate your Account, or (ii) Awaio terminates your access to the Application, with or without notice (the “Term”). When this Agreement is terminated, you no longer have access to the Application.
6.2. Termination of Account
For purposes of clarity, you are entitled to terminate your Awaio account at any time. Choose “Delete account” or any corresponding function in the Application or contact Awaio. Awaio will then delete or anonymize any personal information that can be attributed to you, except for certain information that Awaio by law may have to save and archive.
7. Limitation of Liability
Notwithstanding anything written herein to the contrary, Awaio and you acknowledge and agree that Awaio will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services.
8. Miscellaneous
8.1. Force Majeure
Awaio shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
8.2. Changes or updates of the Agreement
Awaio may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement within the Application. When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Application or by sending you an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force.
8.3. Termination of service
Awaio reserves the right to modify, suspend, or discontinue the Application without any notice at any time and without any liability to you.
8.4. Governing Law and Disputes
All disputes arising hereunder or in connection with this Agreement and/or the Application shall be resolved by the laws of Sweden and the District Court of Stockholm (sw. Stockholms tingsrätt), Sweden, as first instance.
8.5. Awaio has the right to transfer its rights and obligations under this Agreement. Furthermore, Awaio has the right to hire subcontractors for the fulfillment of its obligations. In such cases is Awaio fully responsible for the work performed by the subcontractors.
8.6. If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.