The terms and conditions stated herein (collectively, the “Terms of Use” or the “Agreement”) constitute a legal agreement between you (“you”, “You” or the “User”) and DESKLINQ REALITYTECH LLC. (“Desklinq”, the “Company”, “us”, ”we”, or “our”), and govern the use of the website (the "Site"), any Desklinq mobile device software applications (the "Application"), and any related services (together with the Site and Application, the "Service") made available by Desklinq at www.desklinq.com. By accessing, using or participating in the Service, you agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If you do not agree to these Terms of Use, you must cease using the Service. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.
IF YOU ARE A RESIDENT OF THE INDIA OR ACCESS OR USE THE SERVICE IN INDIAN SUBCONTINENT, BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION” BELOW TO RESOLVE ANY DISPUTES WITH DESKLINQ.
These Terms of Use include a general release by you of all claims for damages against us that may arise out of, in connection with, or with respect to, your use of the Service. By accessing or using the Service, you are agreeing to this general release. Some states prohibit such general releases. If your state prohibits general releases, this paragraph will not apply to you, but the remainder of these Terms of Use shall remain applicable to the maximum extent provided by law.
In these Terms of Use, Space (“Space” or “Spaces”) refers to the Host's physical location, including entry and access areas, and any common areas, as applicable, which are reserved or accessed through the Service. Users that reserve or otherwise schedule time in a Space on the Service are referred to as Guests (“Guest” or “Guests”) and Users that offer a reservation or otherwise make available their Space through the Service are referred to as Hosts (“Host” or “Hosts”). Spaces are provided by independent third parties, the Hosts, not by the Company.
You should understand that Hosts are also required to agree to additional terms and conditions relating to the provision of services to Users; and such additional terms and conditions will be provided by the Company directly to Hosts in the course of the registration process or otherwise as determined by the Company.
THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR SPACE , AND USERS AND GUESTS MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE HOSTS, AS WELL AS MANAGE OTHER USERS WHO ARE PART OF THEIR TEAM. YOU UNDERSTAND AND AGREE THAT DESKLINQ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS DESKLINQ A REAL ESTATE BROKER, AGENT OR INSURER, EVEN IF GUESTS AND HOSTS USE THE SPACE LICENSE AGREEMENT (AS DEFINED BELOW) FOR THEIR AGREEMENT. DESKLINQ HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SERVICE OR ANY SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE OR THE SPACE LICENSE AGREEMENT, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE AND SHALL NOT BE CONSTRUED, DIRECTLY OR INDIRECTLY, AS BROKERAGE FEES.
The Service may provide Users the ability to reserve spaces through a variety of reservation and billing programs, including but not limited to pay-as-you-go, subscription, and as part of a Team (the "Team"), managed by one or more managers (the "Team Manager(s)") where invited Users are grouped into a Team account. The Team Account is subject to the same Terms as Users.
The Service enables the User to pay for space use (the “Space Reservation”) that may include hourly, daily, weekly or monthly charges (the “Space Use Charge”).
The Service may charge Users and Hosts fees for use of the Service, including subscription, reservation, service, and late fees, as communicated to User by the Service.
The service may provide subscriptions with a certain number of day pass credits per month valid between the Space’s open and closing times (“Credit” or “Credits”) to select Spaces in exchange for specified monthly membership fee (each, a “Membership” or a “Subscription”).
You understand that the Membership has a monthly cycle (the “Cycle”), and that, unless otherwise agreed, the monthly Cycle applicable to the Service begins and renews as of the monthly calendar date on which the Service was initially acquired (e.g. if You acquire Service as of the 5th of the month, the Membership will last until the end of business on the 4th of the following month). Additional terms applicable to such Membership may be detailed on the Site. Each Membership will be valid for one calendar month, and can be used only to make reservations at Spaces on days Spaces are open and have available reservations.
Desklinq may choose, at its sole discretion, to offer rollover Credit features for unused Credits, as noted in the Membership descriptions, rolling select unused Credits into the following month, transferring them during plan changes, setting caps on how many unused credits may be saved, or expiring unused credits over time. The Service does not include any guarantee of any minimum number of reservations, and Desklinq may elect to offer or rescind any of the foregoing Credits at any time.
Company may choose to offer Guest Credit features that enable You to assign a limited number of Your Credits to a Guest who will be subject to this Agreement by accepting your invitation. Guest Credits are assigned to specific persons, and may not be reassigned to another person by You or your guest.
Memberships are put on hold if the monthly fee is not paid or cannot be charged due to a billing Cycle, and any unused Credits you may have accumulated from previous subscription Cycles may not be usable by You until the billing issue is resolved and your Subscription is reinstated. Company may cancel your account and delete any unused Credits you may have accumulated after a period of time determined by Company in the course of resolving a billing issue. No refunds will be provided for unused Credits; any unused Credits are forfeited upon cancellation of Your Desklinq Membership.
If You are a company or similar entity, and You purchase a Desklinq Subscription for an employee of Yours, You agree that each such Desklinq Subscription will be assigned to a specific employee, and cannot be reassigned to any other employee. No Desklinq Subscription can be assigned to non-employees absent the specific agreement of the Company.
No refunds will be made for partial Desklinq Membership Cycles – all cancellations apply to and take effect as of the end of the applicable monthly Desklinq Membership Cycle. Desklinq Membership charges will automatically renew on a monthly basis unless terminated by the User in advance of the end of the Cycle, which prevents Membership renewal at the end of the Cycle.
In order to make a reservation in a Space, or to offer a reservation, or otherwise make available your Space to another User through the Service, you must register for a User account.
In connection with registering for, using or participating in the Service (whether as a Guest and/or Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Desklinq (“Profile” and "Registration Data", respectively); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Desklinq, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
In order to be able to use the Service, Guest first needs to sign up with the Company, which you can do through the Website or through the Application. When signing up, you are obligated to provide the Company with your personal information, name, email, image, credit card data (which will be held and processed by our third party payment provider, further details of which are set out in the paragraph below and in our Privacy Policy), on occasion your mobile telephone number, and for security, users may be able to elect to scan upload their government ID to verify their identity and have access to specific Spaces. The ID verification data is kept with a separate service provider and is voluntary.
Upon successful completion of your sign-up with the Company, you will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or Spaces.
As further described in the Privacy Policy, the Company uses a third-party payment processor (the Payment Processor) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service and Spaces will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. The Company is not responsible for any errors by the Payment Processor.
Use of the Service by Hosts is also governed by our Host Terms located at www.desklinq.com/legal/host-terms (the “Host Terms”), which are incorporated into these Terms of Use by reference. By using the Service as a Host, you are agreeing to be bound by, and consent to the terms of, the Host Terms.
By making a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, the terms of which are located at www.desklinq.com/legal/space-use-license (the “Space Use License Agreement”) and which include any and all additional terms, conditions and policies provided by the Host relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host (the "House Rules” and, together with the Space Use License Agreement, as applicable, the “Space License Agreement”).
The following terms shall apply to all Service Terms, specifically also the Space Use License Agreement, in accordance with the applicable Registration Data, Profile, Space, Guest, and Host.
For Reservations:
the “Agreement Time” shall mean the date and time the reservation is booked through the Service;
a “Minimum Fee” may apply;
the “Host” shall mean the Host and the Host’s email and address shall have the values set by the Host in the Host’s Profile as of the Agreement Time;
"You" or “Guest” shall mean the Guest and the Guest’s email and address shall have the values set by the Guest in the Guest’s Profile as of the Agreement Time;
the “Space” shall be the space the Guest reserves by making a reservation through the Service;
the “Maximum Occupancy” shall be the value set by the Host in the Profile for the Space as of the Agreement Time;
the “Building” shall be the Building in which the Space is located as set by the Host in the Profile for the Space as of the Agreement Time;
the “Term” shall be the term of the reservation specified by the Guest and authorized by the Host;
the “Desk, Meeting, And Office Fee(s)” shall be set by the Host in the Profile for the Space as of the Agreement Time;
Desklinq may charge Users and Hosts a “Service Fee(s)” for providing the Service and for processing reservations and charges, as well as late fees for past due balances, as communicated to You through the Service and as set forth in the Host Onboarding Terms;
the Subscription, Desk, Meeting, And Office Fee(s), Service Fees, and late fees together shall be the “Fees”;
In the event of any conflict between the Space License Agreement and these Terms of Use, these Terms of Use shall govern and control.
While Desklinq is not a party to the Space License Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Space License Agreement. Consequently, as a Guest, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, the Space License Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Space Use License Agreement, as applicable, the terms set forth in the House Rules shall control. Any acknowledgement and acceptance of the Space License Agreement, as well as of any applicable House Rules, by a Guest as a part of making a reservation establishes an agreement directly between the Guest and the applicable Host. The Hosts, not Desklinq, are solely responsible for honoring any confirmed reservation and making available any Spaces reserved through the Service. Guests, and not Desklinq, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. Desklinq is not a party to those agreements, and Desklinq disclaims any and all liability arising from, related to or in connection with any such agreements. Desklinq does not act as an insurer or as a Guest’s or Host’s real estate broker.
Desklinq may, but has no obligation to, monitor disputes between you and any other Users relating to the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Desklinq IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, GUESTS, HOSTS INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. Desklinq DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR IN ANY COLLECTIONS (AS DEFINED BELOW), OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE Desklinq FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM RELATING TO, OR IN CONNECTION WITH ANY SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, HABITABILITY, CONDITIONS OR SUITABILITY OF ANY SPACE.
