Termos e Condições Gerais

Terms and Conditions These terms and conditions for your access to and use of office space provided by West Quay Offices Inc. at 201 – 252 Esplanade West, North Vancouver, British Columbia, Canada, V7M 3G7 (the “Office”) constitute a legal agreement and are entered into by and between you and West Quay Offices Inc. (“Company,” “we,” “us,” “our”). The following terms and conditions, (collectively, these “Terms and Conditions”), govern your access to and use of the Office and the services we provide in relation to your use of the Office (our “Services”). BY ACCESSING OR USING THE OFFICE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY FOUND AT http://www.westquayoffices.com/en/legal/privacy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE OFFICE.

Modifications to the Terms and Conditions and our Services

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. The availability and nature of the Services we offer are subject to change from time to time at our sole discretion. We will provide you with a copy of any updated Terms and Conditions by posting a notice within the “Members” section of our website www.westquayoffices.com/en/page/west-quay-offices. Any and all such modifications are effective immediately upon posting. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued access to or use of the Office shall be your acceptance of these.

Services

For further clarity, “Services” refers to your access to and use of our online member network, space in the Office, and certain other related services and features we provide. We provide rental of temporary desks, dedicated desks, and meeting rooms within the Office to those who have signed up for a recurring rental plan (“Members”) and those who rent space on an as-needed basis (“Non-Members”). The exact Services you receive will depend on the product or services you have purchased. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference.

Payment

By signing up for our Services and providing your payment information, you authorize us to charge the recurring or nonrecurring fees associated with the particular Services you are purchasing to the payment method you provide at the time of signup. You must keep your payment information up-to-date and accurate. Recurring fees will be charged on the first (1st) of each month unless we notify you otherwise. If we are unable to charge your payment method for any reason, we may immediately suspend or terminate your use of the Services. You acknowledge that the fees for Services or types of Services offered may be changed by us from time to time upon notice to you. Your continued use of the Services following notice of any such changes, and through the next payment date, constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees.

Refunds

All fees are non-refundable.

Access to the Office

If you sign up for a membership plan that includes either a dedicated desk or a private office, you will be permitted to access the Office twenty-four hours a day, seven days a week. If you sign up for a plan or options that includes access to a non-dedicated desk, you will be permitted to access the Office only between 9:00am and 5:00pm on the days which you have a booking. Bookings are only permitted between 9:00am and 5:00pm Mondays through Fridays (our “Business Hours”).

Meeting Rooms

Each monthly plan includes five (5) complimentary hours of exclusive use of any of the private meeting rooms per month. Any use beyond five hours will be subject to an additional charge.

Common areas

Common spaces in the Office, such as the lounge area, are intended for temporary use and are not to be used for continuous work.

Mail

For an additional fee, we may accept mail and deliveries on your behalf, provided that they arrive during our Business Hours and are not of a bulk or oversized nature. We will not store any mail or packages for more than thirty (30) days. You waive any claims or demand regarding mail accepted on your behalf, our handling of such property, or our disposal of such property if unclaimed within thirty (30) days.

Additional Services

If additional services become available and you chose to receive them, Additional Terms and Conditions may apply. Any Addition Terms and Conditions are hereby incorporated into these Terms and Conditions by this reference.

Eligibility/Guests/Identification

You and your guests must be at least 19 years of age in order to access the Office. You agree to provide us with accurate and complete information about yourself when you sign up for the Service and as you use the Services. You also agree to provide us with accurate information about any guests who accompany you into the Office. We reserve the right to request to inspect and make a copy of the identification of your guests before allowing them into the Office.

You must not use the Office for any purpose that involves frequent visits by members of the public, such as a retail outlet.

Keys and Keycards

You shall not allow anyone else to use any keys or keycards (each, an “Access Device”) that we provide to you in order to access the Office. You shall not make, nor allow anyone else to make, any copies of an Access Device. If you lose or misplace any Access Device, you must notify us immediately. You may be required to pay a replacement fee for any lost or damaged Access Device. Any Access Device is property of the Company and must be returned to us immediately upon request or upon the termination of your account.

Security in the Office

Notwithstanding any Access Device the Company may provide you with, you and any of your guests may be required to present valid, government-issued photo identification in order to access the Office. For safety and security purposes, cameras may be set up throughout the Office. It is your responsibility to inform your guests about this before allowing them to enter the Office.

Property

We are not responsible for any damage, loss, or theft of property you or your guests bring to the Office. Upon termination of your Membership you must remove all of your property from the Office. If you fail to do so, we will dispose of the items you leave behind and you will be responsible for any related expense. You waive any claims or demand regarding property left behind or our handling of such property.

Pets

Pets will only be allowed in the Office with the express permission of the Company. We will consider on a case-by-case basis whether to allow pets. We reserve the right to refuse permission to allow a pet for any reason whatsoever. You will be responsible for any injury or damage caused by your pet, or your guests’ pets, while in the Office.

Damage

You are liable for any damage to the Office or its contents caused by you, your guests, or your pets.

Account Termination

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms and Conditions, or at any other time when we in our reasonable discretion see fit to do so, we may, at our sole discretion, restrict your access to the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason.

You may cancel your account at any time, with thirty (30) days’ notice, by submitting a request to [email protected] If your individual account was created by a Company, an authorized representative of such Company may at any time terminate your individual account by contacting us. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment.

Use of Name, Logo, and Photos of the Office

You may not copy or use for any purpose the name “West Quay Offices” or any of our trademarks, logos, other identifiers, or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Office, without our prior consent.

We are not liable for actions of other individuals

We neither control nor are responsible for the actions or representations of other individuals or pets using the Office. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.

COVID-19

You agree that you are aware of the contagious nature of the novel coronavirus disease, COVID-19 (“COVID”), and the risk that you may be exposed to or contract COVID by being in the Office. You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees. NOTWITHSTANDING THE RISKS ASSOCIATED WITH COVID, YOU ACKNOWLEDGE THAT, ON EACH OCCASION THAT YOU ENTER THE OFFICE, YOU ARE VOLUNTARILY DOING SO WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE, ARISING FROM YOUR BEING IN THE OFFICE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE. YOU AGREE TO INFORM YOUR GUESTS ABOUT THESE RISKS AND TO ENSURE THAT ON EACH OCCASION THAT YOUR GUESTS ENTER THE OFFICE, THEY ARE VOLUNTARILY DOING SO WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE, ARISING FROM YOUR BEING IN THE OFFICE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

You agree that you are familiar with federal, provincial, and local laws, orders, directives, and guidelines related to the COVID, including the Public Health Agency of Canada (PHAC) guidance on the Disease. You will comply and ensure that my guests comply with all such orders, directives, and guidelines while in the Office, including, without limitation, requirements related to hand sanitation, social and physical distancing, and use of face coverings. You agree not to enter, or permit my guests to enter the Office if you/they are experiencing symptoms of COVID (such as a cough, shortness of breath, or fever), have a confirmed or suspected case of COVID, have come in contact in the last fourteen (14) days with a person who has been confirmed or suspected of having COVID, or have travelled outside of Canada within the last fourteen (14) days.

Nature of these Terms and Conditions

Notwithstanding anything in these Terms and Conditions to the contrary, these Terms and Conditions do not grant you any title, lease, easement, lien, possession or related rights in the Company, the Office or anything contained within the Office. These Terms and Conditions do not create a tenancy interest, leasehold estate, or other interest in real property.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFICE AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE OFFICE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE AVAILABILITY, OPERATION, PERFORMANCE, AND/OR USE OF THE SERVICES, OR ANY MATERIALS ON OR ACCESSED VIA THE SERVICES, INCLUDING WARRANTIES OR TERMS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY OTHER IMPLIED WARRANTIES, TERMS OR INDEMNIFICATIO ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to any breach of these Terms and Conditions by you, your employees or your guests, or arising out of or relating to your, your employees’, your guests’, or pets’ access to or use of the Office.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to access to or use of the Office and under these Terms and Conditions will be instituted in the courts of the province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and West Quay Offices Inc. regarding the your access to and use of the Office and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact All, comments or questions relating to these Terms and Conditions should be directed to [email protected] Date: June 29, 2020

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