Deskimo Terms of Service
The following terms of service (“Terms of Service”) govern your use of our website (the “Site”), our Deskimo mobile application (the “Deskimo App”), and any related services (together with the Site and Deskimo App, the “Service”) made available by Deskimo Limited (“us, “we,” or “Deskimo”), with its registered address at UNIT 1603, 16TH FLOOR, THE L. PLAZA 367 – 375 QUEEN’S ROAD CENTRAL, SHEUNG WAN, HONG KONG. By accessing, using or participating in the Service, you (“you” or the “User” agree to be bound by these Terms of Service. We may modify, add, or delete portions of these Terms of Service, at any time. If you do not agree to these Terms of Service, you must cease using the Service. A User is either a Guest or an Employer, as defined below. If we change these Terms of Service, we will post a notice that we have made changes to these Terms of Service on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Service the date these terms were last revised. Any revisions to these Terms of Service 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 Service, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.
THE SERVICE IS DELIVERED THROUGH AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS FOR WORKSPACES (DEFINED BELOW), AND GUESTS OR EMPLOYERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK WORKSPACES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT DESKIMO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS DESKIMO A REAL ESTATE BROKER, AGENT OR INSURER. WHEN GUESTS AND HOSTS ENTER INTO AN AGREEMENT, THEY DO SO ON THE TERMS OFFERED BY THE HOST AND ACCEPTED OR NEGOTIATED BY THE GUESTS, WHICH COMPRISES AT THE MINIMUM THE TERMS OFFERED ON THE HOST’S LISTING. DESKIMO HAS NO CONTROL OVER THE CONDUCT OF HOSTS, EMPLOYERS AND GUESTS WHO USE THE SERVICE OR ANY WORKSPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR THE WORKSPACE BOOKING AGREEMENT, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.
These Terms of Service include a release by you of all claims for damages against us that may arise out of your use of the Service. By accessing or using the Service, you are agreeing to this release.
1. Accounts, accounts information and security
In order to reserve or otherwise schedule time in a workspace (a “Workspace”) from a Host through the Service, you must register for a User account. In these Terms of Service, natural persons who use a Workspace on the Service are referred to as “Guests”. Third parties who use the Service to make available their Workspace through the Service are referred to as “Hosts.” If you are a company and you created an account for one or several of your employees, staff, contractors, directors or agents, you are an “Employer”. If a Guest creates an account under the direction, supervision of, or with the support of, an Employer, the Employer is a party to this agreement.
In connection with registering for, using or participating in the Service (whether as a Guest, Host and/or Employer), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Deskimo; (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the information you provided with your account and any other information you provide to Deskimo, 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.
2. Transactions Between Guests, Hosts and Employers on the Deskimo Platform
You acknowledge that the Service is a platform and a marketplace to allow anyone to find, schedule time in, reserve, book, workplaces. Your transactions, communications and interactions with any other Service users (including any interactions between a Guest and a Host or between an Employer and a Guest), including transactions, communications and interactions initiated through the Service, are solely between you and such users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that Deskimo does not itself own or operate any Workspaces nor does it sell, resell, furnish, provide, rent, re-rent, manage or control any Workspaces, and Deskimo does not act as an agent or broker for any Host or any Guest. Instead, Deskimo provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site, Deskimo App and the Service to allow Guests, Hosts and Employers to transact and communicate directly with one another, and (ii) serving as a limited payment collection agent if elected to do so by the Host under the terms of the section heading “Payment,” below. Deskimo is not a party to transactions or communications between Guests, Host and Employers, other than to the limited extent set out in these Terms of Service. In addition, Deskimo does not screen or run any kind of background checks on Hosts nor on the Workspaces themselves and instead you and your Employer are solely responsible for assessing the suitability of any Workspace that you consider using. Deskimo has no control over the quality, suitability or availability of any Workspace, or over the reliability, integrity or conduct of any Host, Guest or Employer. Notwithstanding these Terms of Service or the Host Terms, to the extent that Deskimo offers Workspace through the Service as a Host, it is subject to the terms applicable to Hosts.
3. Agreements Between Guests and Hosts
By using a Workspace via the Service, each Guest and each Employer (as the case may be) acknowledge and agree that they are entering into a workspace using agreement (the “Workspace Usage Agreement”) directly with the applicable Host, under the terms at clause 4 below. Deskimo is not a party to the Workspace Usage Agreement between a User and a Host, a User’s use of the Service is dependent upon such User’s compliance with the Workspace Usage Agreement. Consequently, as a User, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, the Workspace Usage Agreement. Any acknowledgement and acceptance of the Workspace Usage Agreement, as well as of any applicable Workspace Checklist, by a User as a part of entering or using a Workspace or using the Service establishes an agreement directly between the Guest and the applicable Host. The Hosts, not Deskimo, are solely responsible for honouring any confirmed bookings and making available any Workspaces reserved through the Service. Deskimo is not a party to those agreements. To the maximum extent permitted by law, Deskimo disclaims all liability arising from or related to any such agreements. Deskimo does not act as an insurer or as a User’s or Host’s real estate broker. YOU HEREBY RELEASE DESKIMO FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY WORKSPACE BOOKING AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY WORKSPACE.
4. Workspace Usage Agreement
- Parties. This agreement is between the User and the Host, as defined on their Deskimo profiles.
- License. Subject to the terms and conditions of this Agreement, the Host grants the Guest a non-transferable license to occupy and use the Workspace described in the Host’s listing, under the terms described in the Host’s listing (the “License”) and the Guest accepts such License.
- Description of the space and the services available. The description of the space provided by the Host on the listing, including the opening hours, price, services available such as printing, and any applicable restriction, are integrated to this Workspace Usage Agreement.
- Workspace Checklist. During the Term, the Guest agrees to accept the terms, conditions, and policies provided by the Host relating to the use of the Workspace, including building security procedures, IT access and usage procedures, maximum occupancy limitations, other terms or procedures provided by the Host (the “Workspace Checklist”). The Workspace Checklist is integrated into the Workspace Usage Agreement, and may be revised and amended by the Host without the prior consent of, or notice to, the Guest.
- Workspace use and access. You agree to use the Workspace provided to you for general office purposes only and you may not use the Workspace to carry out any illegal activities or use the Workspace (a) in violation of the law, the Workspace Checklist, or any other reasonable regulations or rules adopted by Host during the Term, or (b) for any immoral, unlawful, or objectionable purposes. Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Workspace or the building in which the Workspace is located.
- Care and attention. You must take good care of, and pay due attention to the Workspace, the common areas and the building in which the Workspace is located.
- Common areas. Any common areas of the building in which the Workspace is located may be inaccessible to you, changed, relocated, altered, eliminated or otherwise modified at any time without the consent of, or notice to, Guest.
- Security. Any keys or entry cards for the Workspace or the building in which the Workspace is located, which the Host lets you use, remain the Host’s property at all times. You shall not make any copies of them or allow anyone else to use them without the Host’s consent. Any loss of keys or entry cards must be reported to the Host immediately, and you must pay for the cost of replacement keys or cards and or changing locks, if required by the Host;
- Mail and packages. You may not receive mail or packages or any kind, or deliveries of any kind, at the Workspace, without the express authorisation of the Host.
- Registered address. You may not use the Workspace address as your official registered address or the address of the Employer for any official purposes (including, but not limited to, company registration with the authorities), without the express authorisation of the Host.
- Additional services. The Host may, in accordance with the Workspace Checklist, offer and charge for additional services such as printing. The Guest will be responsible for paying for these additional services, directly to the Host, unless otherwise directed in the Workplace Checklist.
Any fees which Deskimo may charge you for the use of the Service will be as set out on the Site or the Deskimo App at the time of entry into the Workspace, are inclusive of any taxes payable (including VAT and/or GST, where applicable), are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, Deskimo’s decision to terminate your usage, or any disruption caused to the Site or the Deskimo App. We reserve the right to determine the final prevailing pricing. You do hereby agree that you shall be charged fees based on the length of time you use the Workspace. If you fail to check-out of the Workspace when leaving, you might be charged a minimum fee, which will be indicated on the listing for the Workspace. Deskimo may, from time to time and at its sole discretion, make promotional offers with different features and different rates to any of our customers, including potentially to you. We may change our fees, in our sole discretion, and any new fees will apply to any use of the Service in the future.
After using a Workspace, Users have an opportunity to review the Workspace used (a “Review”). Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates any applicable laws. You further agree and warrant that you shall not submit any content that is known by you to be false, inaccurate or misleading, that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, statute, ordinance or regulation, that is, or may reasonably be considered to be, libellous, hateful, racially or religiously biased, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, for which you were compensated or granted any consideration by any third party. If you are affiliated with a Workspace in any way, you are not allowed to leave any Review and any Review that you leave will be removed. Hosts have the right to request the removal or amendment of any Review. At a Host’s request or on our own initiative, we may ask you to amend any Review you have left, if it is found to be in breach of this clause 6.
7. Employer accounts
If you are an Employer and you are setting-up or using accounts, or using the Service, for your employees, staff, contractors, directors or agents, these Terms of Service apply to you as an Employer and us. You agree that you are jointly and severally liable for all the acts and liabilities, either in tort, contract, equity or otherwise, committed by your employees, staff, contractors, directors or agents in the use of the Services. You agree that in all their interactions with us in the context of using the Services, your employees, staff, contractors, directors or agents are acting on your behalf as agents and that you are the principal. You agree to indemnify, hold harmless and defend us, our affiliates, and our successors and assigns, and our respective officers, employees, agents and representatives of each of the foregoing (collectively, “Deskimo Indemnitees”, each a “Deskimo Indemnitee”), against any and all losses, damages, costs (including legal costs) that may be incurred by any Deskimo Indemnitee or awarded or agreed to be paid to any third-party (collectively, the “Losses”) in respect of any breach of any clause of these Terms of Service by any of your employees, staff, contractors, directors or agents in the course of the Services.
9. Trademarks and Proprietary Content
“Deskimo” is a registered trademark of Deskimo Limited. “Deskimo” together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Deskimo in Hong Kong and other countries (“Deskimo Marks”). You represent that you will not use the Deskimo Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Deskimo endorses any product or service. You may not reproduce or use the Deskimo Marks without the prior written permission of Deskimo. All content on the Site and otherwise available through the Service, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the “Deskimo Content”), are the proprietary property of Deskimo, its Users or its licensors. No Deskimo Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Service.
10. Additional Representations and Warranties
In addition to any other representations and warranties in these Terms of Service, you represent and warrant that you are above the age of 18, that you have the authority and the capacity to enter into these Terms of Service, including if you are a Guest, that you are an employee, staff, contractor, director or agent of your Employer.
11. Limited Deskimo app license
Subject to the terms of these Terms of Service, Deskimo grants you a non-transferable, non-exclusive license to download, install and use one copy of the Deskimo App in object code form only on a mobile device that you own or control. You may not reverse-engineer or attempt to reverse-engineer the source code of all or any portion of the Deskimo App, the Site, or any part of the backend system, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Deskimo App or any part thereof. Deskimo and its licensors own and shall retain all intellectual property rights and other rights in and to the Site and the Deskimo App.
Deskimo is not responsible or liable in any manner for any third-party content posted on the Site or the Deskimo App, or displayed in connection with the Service, including but not limited to the accuracy of any Workspace descriptions, Workspace availability information, Employer or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Hosts post, transmit or distribute on the Deskimo App or the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or third party Content. Deskimo is not responsible for the conduct, whether online or offline, of any User, including any Guest’s non-compliance with any terms, conditions and policies relating to the use of any Workspace. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Deskimo shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Deskimo be responsible for any personal injury or death resulting from the use of the Service, any User Content or third party Content, or any use of Workspaces, products or services provided by Users.
DESKIMO PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS, GUESTS AND PROFESSIONALS “AS IS,” AND, EXCEPT AS PROVIDED HEREIN, AND DESKIMO AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE WORKSPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DESKIMO CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS, GUESTS AND PROFESSIONALS, AND HOSTS AND PROFESSIONALS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A WORKSPACE. WITHOUT LIMITING THE FOREGOING, DESKIMO DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; DESKIMO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY WORKSPACE RESERVATION OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY WORKSPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND DESKIMO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS SET FORTH ABOVE IN THIS CLAUSE 12 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation on Liability
IN NO EVENT WILL DESKIMO OR ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST’S USE OF A WORKSPACE, EVEN IF DESKIMO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DESKIMO BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST OR BETWEEN A PROFESSIONAL ON THE ONE HAND AND A GUEST OR HOST ON THE OTHER HAND. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, DESKIMO’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DESKIMO FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Deskimo may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate these Terms of Service, the Workspace Usage Agreement (including any applicable Workspace Checklist) or violate any other rules that govern the use of the Service, (ii) your conduct may harm Deskimo or others or cause Deskimo or others to incur liability, (iii) you receive negative feedback from other Users or from Hosts, or (iv) as otherwise determined by Deskimo in its sole discretion. Upon terminating under this clause, if required to ensure the safety of other Guests or of the Hosts, we may inform Hosts of the cancellation.
Deskimo may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Deskimo.
You may terminate your Deskimo account at any time by providing Deskimo with a notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Deskimo at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Deskimo will suspend your profile.
You agree to indemnify and hold Deskimo harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of or participation in the Service, your interactions with any Hosts, any Reviews you leave, and any violation of these Terms of Service, the Workspace Usage Agreement, the Workspace Checklist, or of any law or the rights of any third-party.
16. Applicable law and litigation forum
These Terms of Service are subject to Hong Kong law. Any dispute between you and Deskimo must be submitted to the Hong Kong International Arbitration Centre (“HKIAC”) for a binding and final ruling by a single arbitrator under HKIAC rules.
Last revised on July 9, 2021