Terms of Service for European Users
Last Updated: January 24, 2021
Thank you for using Deskover!
These Terms constitute a legally binding agreement ("Agreement") between you and Deskover S.à.r.l. (as defined below) governing your access to and use of the Deskover website, including any subdomains thereof, and any other websites through which Deskover makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Deskover Services"). The Site, Application and Deskover Services together are hereinafter collectively referred to as the “Deskover Platform”. Other Policies applicable to your use of the Deskover Platform are incorporated by reference into this Agreement.
When these Terms mention “Deskover,” “we,” “us,” or “our,” it refers to the Deskover S.à.r.l. company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
If you change your country of residence or establishment to a country outside of the EEA, the Deskover company you contract with and the applicable Terms of Service will be determined by your new country of residence or establishment as specified in the Terms of Service for Non-European Users, from the date on which your country of residence or establishment changes.
Any and all payment processing services through or in connection with your use of the Deskover Platform ("Payment Services") are provided to you by one or more Deskover Payments entities (individually and collectively, as appropriate, "Deskover Payments").
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Deskover, you should always seek legal guidance.
Table of Contents
Scope of Deskover Services
Eligibility, Using the Deskover Platform, Member Verification
Modification of these Terms
Terms specific for Hosts
Terms specific for Guests
Booking Modifications, Cancellations and Refunds, Resolution Center
Ratings and Reviews
Damage to Workspaces, Disputes between Members
Rounding off, Currency conversion
Term and Termination, Suspension and other Measures
1.Scope of Deskover Services
1.1 The Deskover Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Deskover Platform (“Listings”). The Deskover platform also enables Members to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of study space or workspace("Workspace"), meeting rooms usage (“Meeting Rooms”), conference rooms usage (“Conference Rooms”), access to unique events and locations (“Events”), and a variety of other work or study related services.
1.2 As the provider of the Deskover Platform, Deskover does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Deskover is not and does not become a party to or other participant in any contractual relationship between Members, nor is Deskover a real estate broker or insurer. Deskover is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Deskover has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Deskover does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Deskover about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use a Desk, a Meeting Room or a Conference Room, participate in an Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Deskover of any Host or Listing.
1.4 If you choose to use the Deskover Platform as a Host, your relationship with Deskover is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Deskover for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Deskover. Deskover does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Deskover Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Deskover cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Deskover Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Deskover Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Deskover is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Deskover of such Third-Party Services.
1.7 Due to the nature of the Internet, Deskover cannot guarantee the continuous and uninterrupted availability and accessibility of the Deskover Platform. Deskover may restrict the availability of the Deskover Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Deskover Platform. Deskover may improve, enhance and modify the Deskover Platform and introduce new Deskover Services from time to time.
2. Eligibility, Using the Deskover Platform, Member Verification
2.1 In order to access and use the Deskover Platform or register a Deskover Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Deskover may make access to and use of the Deskover Platform, or certain areas or features of the Deskover Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Deskover Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Deskover Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Deskover Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 Some areas of the Deskover Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Deskover reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Deskover Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Deskover Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Deskover Account") to access and use certain features of the Deskover Platform, such as publishing or booking a Listing. If you are registering a Deskover Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Deskover Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
4.3 You must provide accurate, current and complete information during the registration process and keep your Deskover Account and public Deskover Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Deskover Account unless Deskover authorizes you to do so. You may not assign or otherwise transfer your Deskover Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Deskover Account credentials and may not disclose your credentials to any third party. You must immediately notify Deskover if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Deskover Account. You are liable for any and all activities conducted through your Deskover Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Deskover may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Deskover Account. For example, we may enable Members to link their Deskover Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Deskover to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Deskover may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Deskover Platform ("Member Content"); and (ii) access and view Member Content and any content that Deskover itself makes available on or through the Deskover Platform, including proprietary Deskover content and any content licensed or authorized for use by or through Deskover from a third party ("Deskover Content" and together with Member Content, "Collective Content").
5.2 The Deskover Platform, Deskover Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Deskover Platform and Deskover Content, including all associated intellectual property rights, are the exclusive property of Deskover and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Deskover Platform, Deskover Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Deskover used on or in connection with the Deskover Platform and Deskover Content are trademarks or registered trademarks of Deskover in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Deskover Platform, Deskover Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Deskover Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Deskover or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Deskover grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Deskover Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Deskover may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Deskover.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Deskover Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Deskover Account is terminated or suspended for any reason. You acknowledge and agree that Deskover shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Deskover is not the exclusive owner of Verified Images, by using such Verified Images on or through the Deskover Platform, you grant to Deskover an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Deskover in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Deskover Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Deskover Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Deskover Platform or you have all rights, licenses, consents and releases that are necessary to grant to Deskover the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Deskover's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates ny other Deskover policy. Deskover may, without prior notice, remove or disable access to any Member Content that Deskover finds to be in violation of applicable law.
5.9 Deskover respects copyright law and expects its Members to do the same.
6. Service Fees
6.1 Deskover charges fees to Hosts ("Host Fees") and may charge fees to Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Deskover Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Guest Fees (when applicable) will be displayed to a Guest prior to booking a Listing. Deskover reserves the right to change the Guest Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change. Deskover reserves the right to decrease the Host Fees and will provide Hosts adequate notice of any fee changes before they become effective. Deskover does not reserve the right to increase the Host Fees without previous agreement with the Host.
6.3 Deskover Payments will deduct any Host Fees from the "Listing Fee" (the price set by the Host, including any Taxes if applicable, or charges such as cleaning fees, for your Listing) and will be responsible for remitting the payout to the Host, upon receipt of an invoice from the Host. More information about the payout process for Hosts can be found on our Service Fees page.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Deskover Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability, your terms and conditions), (ii) disclose any deficiencies, restrictions (such as space rules) and requirements that apply (such as any minimum age or other requirements) and (iii) provide any other pertinent information requested by Deskover. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Deskover reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Deskover Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When a Guest makes a booking for your space , you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.7 Deskover recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Space or participating in your Event or other Host Service. Deskover recommends that Hosts obtain appropriate insurance that would cover liability for possible accidents, like guest’s injuries or even death happening in your space. Deskover does not assume any responsibility for any action or inaction of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Space or participating in your Event or other Host Service. Deskover does not assume any responsibility for accidents happening in your listed space, such as injuries or death of Guests.
7.2 Listing Workspaces, Meeting Rooms or Conference Rooms
7.2.1 Unless expressly allowed by Deskover, you may not list more than one Workspace per Listing.
7.2.2 If you choose to require a security deposit for your Workspace, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Deskover Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, a Workspace will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present at the Workspace at your request or invitation, excluding the Guest and any individuals the Guest invites to the Workspace.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Deskover and/or the Host, you can book a Listing available on the Deskover Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee (if applicable) and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Deskover Account.
8.1.2 Upon receipt of a booking confirmation from Deskover, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Upon receipt of a booking confirmation from Deskover and upon receipt of a pricing plan purchase confirmation from Deskover for one of the listed coworking spaces (“Hosts”) a legally binding agreement is formed between you and the host, and you consequently agree to become a member of that coworking space for the amount of time specified in either your booking or your purchased pricing plan. You hence agree to be legally bound to the terms and conditions set by the coworking space (“Host”).
Deskover Payments will collect the Total Fees at the time of the booking request.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Workspaces
8.2.1 You understand that a confirmed booking of a Workspace (“Workspace Booking”) is a limited license granted to you by the Host to enter, occupy and use the Workspace for the duration of your booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to be present or not at the Workspace, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Workspace no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Workspace and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional fee of 150 € to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout time that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at a Workspace, you authorize Deskover (via Deskover Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.2.3 You agree not to use the Workspace if you do not have a booking confirmation for the time that the Host specifies in the Listing. If you stay outside of any booking times, (“Unauthorized Stay”), you do not have a license to stay in the workspace and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay an additional fee of 200 € to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Unauthorized Stay Fees"). If you stay at a Workspace without authorisation (“Unauthorized Stay”), you authorize Deskover (via Deskover Payments) to charge you to collect Unauthorized Stay Fees.
8.3 Booking Events and other Host Services
8.3.1 You should carefully review the description of any Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Event or other Host Service.
8.3.2 Before and during an Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Deskover Platform.
9. Booking Modifications, Cancellations and Refunds
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Deskover Platform or direct Deskover customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and Deskover Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Deskover may allow the Guest to apply the refund to a new booking, in which case Deskover Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Deskover may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Deskover may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behavior.
9.4 For Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
9.5 In certain circumstances,a host may decide that is necessary to cancel a pending or confirmed booking, if the host has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behavior or activity (this might be linked to AML procedures). In other circumstances, Deskover may also decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking. In both cases Deskover will initiate corresponding refunds and payouts.
9.6 If a Guest or Deskover cancels a confirmed booking, and the Guest receives a refund in accordance with the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Deskover Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
9.7 Except as otherwise set out in these Terms, Members may directly contact us to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Deskover Account, and Deskover Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about the Host. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Deskover. Ratings and Reviews are not verified by Deskover for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Deskover Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Workspaces, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Workspace (including any personal or other property located at the Workspace) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Workspace, excluding the Host (and the individuals the Host invites to the Workspace, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged a Workspace or any personal or other property at a Workspace ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host claims and provides evidence that you as Guest have stolen any personal or other property at a Workspace, this also falls under the category of "Damage Claim" and the Host has the right to seek payment from you. If a Host escalates a Damage Claim to Deskover, you will be given an opportunity to respond. If you agree to pay the Host, or Deskover determines in its sole discretion that you are responsible for the Damage Claim, Deskover via Deskover Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Deskover also reserves the right to otherwise collect payment from you and pursue any remedies available to Deskover in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
11.3 Members agree to cooperate with and assist Deskover in good faith, and to provide Deskover with such information and take such actions as may be reasonably requested by Deskover, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Workspace or any personal or other property located at a Workspace.
11.4 If you are a Guest, you understand and agree that Deskover may make a claim under your host's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Workspace) of the Host . You agree to cooperate with and assist Deskover in good faith, and to provide Deskover with such information as may be reasonably requested by Deskover, to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Deskover may reasonably request to assist Deskover in accomplishing the foregoing.
12. Rounding off
Deskover generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Deskover’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Deskover may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest Euro or other supported currency); for example, Deskover may round up an amount of €101.50 to €102.00, and round down an amount of €101.49 to €101.00.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax or income taxes ("Taxes"). As a Host, the price that you decide for your listing and your Host Services, which is the price displayed to the Guest at checkout, will have to include already any of these taxes.
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Workspace is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations ("Occupancy Taxes").
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Deskover Platform. In connection with your use of the Deskover Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
use the Deskover Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Deskover endorsement, partnership or otherwise misleads others asv to your affiliation with Deskover;
use the Deskover Platform in connection with the distribution of unsolicited commercial messages ("spam");
offer, as a Host, any Workspace that you do not yourself own or have permission to make available as a property through the Deskover Platform;
unless Deskover explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Deskover Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Deskover Platform to request, make or accept a booking independent of the Deskover Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Listing Fees outside of the Deskover Platform or Deskover Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Deskover harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
use, display, mirror or frame the Deskover Platform or Collective Content, or any individual element within the Deskover Platform, Deskover's name, any Deskover trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Deskover Platform, without Deskover's express written consent;
dilute, tarnish or otherwise harm the Deskover brand in any way, including through unauthorized use of Collective Content, registering and/or using Deskover or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Deskover domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Deskover Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Deskover or any of Deskover's providers or any other third party to protect the Deskover Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Deskover Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Deskover Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Deskover has no obligation to monitor the access to or use of the Deskover Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Deskover Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Deskover in good faith, and to provide Deskover with such information and take such actions as may be reasonably requested by Deskover with respect to any investigation undertaken by Deskover or a representative of Deskover regarding the use or abuse of the Deskover Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Deskover by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Deskover terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Deskover Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Deskover Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Deskover may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Deskover may immediately, without notice, terminate this Agreement and/or stop providing access to the Deskover Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Deskover believes in good faith that such action is reasonably necessary to protect the personal safety or property of Deskover, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Deskover may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Deskover Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Deskover otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Deskover believes in good faith that such action is reasonably necessary to protect the personal safety or property of Deskover, its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the Deskover Platform;
temporarily or permanently revoke any special status associated with your Deskover Account;
temporarily or in case of severe or repeated offenses permanently suspend your Deskover Account and stop providing access to the Deskover Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Deskover and an opportunity to resolve the issue to Deskover's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Deskover Account or any of your Member Content. If your access to or use of the Deskover Platform has been limited or your Deskover Account has been suspended or this Agreement has been terminated by us, you may not register a new Deskover Account or access and use the Deskover Platform through a Deskover Account of another Member.
15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Deskover Platform or Collective Content, you do so voluntarily and at your sole risk. The Deskover Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Deskover Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Deskover relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Events or other Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Deskover from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Deskover Platform and Collective Content, your publishing or booking of any Listing via the Deskover Platform, your stay at any Workspace, participation in any Event or use of any other Host Service, any other interaction you have with other Members whether in person or online remains with you.
Neither Deskover nor any other party involved in creating, producing, or delivering the Deskover Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Deskover Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Deskover Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Deskover has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Deskover’s aggregate liability arising out of or in connection with these Terms and your use of the Deskover Platform including, but not limited to, from your publishing or booking of any Listings via the Deskover Platform, or from the use of or inability to use the Deskover Platform or Collective Content and in connection with any Workspace, Event,other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Deskover Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Deskover to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Euros (€100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Deskover and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Deskover’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Deskover’s option), indemnify, and hold Deskover and its affiliates and subsidiaries, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Deskover Platform or any Deskover Services, (iii) your interaction with any Member, stay at a Workspace, participation in an Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Deskover’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Deskover Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Deskover Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Deskover and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Deskover and you in relation to the access to and use of the Deskover Platform.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and Deskover as a result of this Agreement or your use of the Deskover Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 Deskover’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Deskover's prior written consent. Deskover may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Deskover via email, Deskover Platform notification, or messaging service.
20.8 If you have any questions about these Terms please email us.