KAFNU MEMBERSHIP TERMS AND CONDITIONS
Welcome to Kafnu. As a Kafnu member, the terms and conditions in this document will apply to you and to your relationship with Kafnu. We’ve arranged this document into PARTS to help you find what you are looking for:
PART A INTRODUCTION provides an overview and explains the meaning of some key terms
PART B MEMBERSHIP covers how to become a member and make use of your membership.
PART C LOCATION RULES OF USE are the conditions of use for our physical Kafnu premises (our Locations).
PART D LET’S GET TECHNICAL are the conditions of use for our website, App and member network (our IT Services).
PART E ADDITIONAL PROVISIONS sets out legal rights and obligations relating to membership and Services in more detail, including how disputes are handled.
PART A. INTRODUCTION
- These terms and conditions (the “Terms”) set out your rights and obligations as a member of the Kafnu Urban Shared Spaces community, and govern your use of Kafnu Services which includes workspaces (hot desks, communal tables, meeting rooms etc.) and other facilities in our Locations, as well as our online network and mobile app (the “Services” are defined below).
- By using the Services, you are agreeing to abide by and be bound by these Terms. If you have any questions about these Terms, contact us at [email protected].
What is meant by…
- To begin with, key words and phrases used in these Terms are explained below:
- Any mention of “we”, “us”, “our” or “Kafnu” in these Terms is a reference to Kafnu Group Pte. Ltd. and its affiliates that operate our respective Kafnu Locations, as the context permits.
- Any mention of “you” in these Terms is a reference to (i) the individual member or (ii) if you are taking up Kafnu membership for and on behalf of a business entity, the business entity on whose behalf you are using the Services, unless the context doesn’t permit.
- “Belongings” refers to any goods, equipment or other professional or personal property.
- “House Rules” means any rules of use that apply to a particular Kafnu Location. House Rules will be made available to you at each Location (as applicable) and are incorporated in these Terms by reference. The House Rules will typically mirror any specific building rules or requirements that Kafnu has to satisfy under a lease, building management statement or by-laws, or local laws and regulations that apply in that jurisdiction, and may differ between Locations. Where House Rules apply, they are in addition to the general rules of use set out in these Terms.
- “IT Services” refers to Kafnu’s technology platform including our Apps, website and member network (including your membership account) as described further in Part D of the Terms.
- “Location” refers to a physical Kafnu urban shared space operated by Kafnu or its affiliate within the Next Story Group of companies (of which Kafnu forms part).
- “Services” refers to your access and use of Workspaces, and other facilities that we offer in our Locations (and which may differ between Locations), member-only events and trainings, and other offerings, events and features that are offered in any Location. Any mention of Services will include reference to our IT Services (unless the context doesn’t permit). Services will vary between Locations. Importantly, Services do not include any Third Party Services.
- “Shared Space” refers to all and any shared facility or spaces other than a Workspace that are operated by or on behalf of Kafnu within a Location (e.g. the gym, event spaces or sleeping facilities).
- “Third Party Services” are any and all products or services that may be offered to you in connection with your Kafnu membership by any party other than Kafnu, and may include a third party business partner of ours (a “Third Party”).
- “Workspace” includes any of the shared working spaces within a Location such as, among others, hot desk, communal table, meeting room, private office, special “built for purpose” space like a green room, sound-proof phone booth, sound studio, or paint studio. The number and types of working spaces will vary between our Locations.
Other words and phrases may defined throughout theseTerms.
- Kafnu Locations typically fall within two categories: a “Hub” and a “Spoke”.
- A “Hub” describes a Location that encapsulates a Kafnu Urban community where you can work, eat, rest, play and learn. Generally a Kafnu Hub includes different types of Workspaces and other facilities which may include (depending on the Location):
- EAT: food and beverage outlets (e.g. restaurant or café, whisky bar or similar),
- REST: spaces for sleeping (e.g. sleep pods, dormitory sleeping or private bedrooms),
- PLAY: spaces for playing (e.g. gym or games room), and/or
- LEARN: spaces to learn (e.g. areas where events, lectures or training sessions can take place).
- A “Spoke” will include Workspaces, and may include (depending on the Location) a combination of one or more other facilities that can be found in a Hub, except spaces for sleeping.
PART B. MEMBERSHIP
- Your membership to Kafnu begins on the date that your application for membership has been accepted and you have provided us with personal data consent. Your membership ends on the earlier of the date that you notify us that you wish to leave the Kafnu community, or the date that we terminate your membership in accordance with these Terms.
- Joining the Kafnu community as a member is free currently, and you have the flexibility to use as many or as few of the Services as suits your needs. As our community grows, we may introduce membership packages with upfront monthly membership fees and we will notify you in advance of any changes that we intend to introduce.
- As a member of Kafnu, you are entitled to make reservations to use the Services: Workspaces and any of the facilities for PLAY, LEARN and REST that are available in your Location. These Services are provided on a “pay as you go” basis, with payment to be made online (using our IT Services). Payment for reserving such Services must be made in advance via our website or App, or when you arrive at our Location at the start of a reservation. The current rates for Workspaces and other facilities in each Location will be available on our website or you can ask a community manager onsite for details. (See below for more information about method of payment.)
- In order for you to enter and enjoy the Location, the minimum requirement is that you have reserved and paid for a “hot desk”. Upgrading from a hot desk to a private office or other Workspace, or using Shared Spaces (e.g. food and beverage facilities) within your Location is within your power to choose.
- Depending on the Location, some of our Services may be provided on a complimentary basis, such as complimentary snacks and drinks. Generally any cafes, restaurants and licensed bars within our Locations will provide food and beverages on a “pay as you go” basis to give you the utmost flexibility. That said, certain facilities (like the bar) are only available to members, guests and visitors who have attained the legal minimum age applicable in the Location, or older if set by the House Rules.
- You agree to provide us with accurate and complete information about yourself when you register with us and as you use the Services, and to keep such information up-to-date, to reasonably satisfy us that you are eligible for relevant Services.
- Membership of the Kafnu community is not transferrable, and you cannot let other people use the Services on your behalf. Your membership account username and password, access card or other security credentials should not be shared with or given to anyone else. You are responsible for maintaining the confidentiality of your membership account username and password and the security of your access card. If you suspect someone else is accessing your membership account or access card, you must promptly notify us.
- If you are applying for membership and entering into these Terms for and on behalf of a business entity, you represent and warrant that you have all necessary right, authority and consent to legally bind that business entity and to create, terminate and maintain the business entity account and to add and remove individual members to and from the account, and confirm that you are using the Services for business purposes (and not as a consumer). You agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations.
What about guests and visitors?
- Members may invite guests for meetings for however long a meeting room has been reserved. For members who are using our desks or private offices, guests may stay for up to 1 hour on a complimentary basis, but for longer visits we reserve the right to charge at our standard rates for guest’s use of the relevant Workspace.
- All guests are required to register with one of our community managers upon arrival at a Location. You and your guests may be required to present a valid, government-issued photo identification before entering the Location. If you bring someone into the Location as your guest, you agree to take full legal responsibility for that person and their actions for as long as they remain in the Location. We reserve the right to remove any guest from the Location if they do not conduct themselves consistently with these Terms or House Rules. If we deem it reasonably necessary, we may disclose information about your guests to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their Belongings or other property. It is your obligation to notify any of your guests about this policy.
Methods of payment
- Members are required to make payment for our Services by credit card or, by prior arrangement and in our sole and absolute discretion, by bank transfer or check. You agree to keep an active and accurate form of payment on file with Kafnu at all times, and you authorize Kafnu to initiate credit card entries in order to pay our fees for Services used by you or other payments that you are responsible for in accordance with these Terms. You also agree that if we are unable to process payment to your credit card for any reason, we may immediately suspend, or eventually terminate, your access to and use of our Services and possibly your membership without notice.
- If you have made arrangements to reserve a Workspace on a monthly basis, you agree that credit card entries will be processed in advance on the 1st of each month unless we notify you otherwise. Monthly fees may be pro-rated if your reservation starts after the 1st day, or ends before the last day of the relevant month.
- You agree that all fees are non-refundable and must be made in the local currency applicable for your Location.
Things may changes
- The availability and scope of the Services and Third Party Services available in connection with your membership are each subject to change from time to time in our sole discretion. Without limiting the generality of the foregoing, you acknowledge that our Locations, the Services available and the fees payable for Services at any of our Locations, are also subject to change from time to time.
- Changes will be effective immediately upon notice unless we state otherwise, except that fee changes will be effective from the start of your next reservation, or if you are on a monthly rate then upon the start of the next month. If you don’t agree to the changes, you may terminate your membership or cancel your reservation of Service at any time, but note that there are no refunds for early cancellation.
- If you membership is set up as an individual, you can terminate your membership account at any time by submitting a request at [email protected] If your membership was created by a business entity: (i) an authorized representative of that business entity may terminate your membership at any time by contacting us; and (ii) we may terminate your account, even if the business entity membership remains on foot, and even if you continue to be employed or engaged by that business entity.
- Termination will be effective immediately upon our receipt of notice by us. We do not provide refunds of amounts already paid upon termination of membership. You will remain liable for all amounts that are due but unpaid, and we may exercise our rights to collect any outstanding payment despite termination of your membership.
- Kafnu reserves the right to restrict your access to your membership account, the Services (in part or whole) and/or terminate your membership with immediate effect and possibly without prior notice to you if:
- you become bankrupt or insolvent or enter into liquidation or receivership, or an administrator is appointed;
- an individual member dies or by reason of mental or physical illness or injury, is incapable of managing their own affairs;
- we believe your reservation and use of the Workspace will adversely affect the smooth running of any Location or our business operations, its security or good reputation;
- you abandon or vacate your Workspace (which will be deemed a breach of these Terms);
- you commit a material breach having a serious effect on the benefit to be derived by us, or you repeatedly breach any provisions of these Terms in such a manner to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms, or you commit a breach of these Terms which is remediable and you fail to remedy it within 5 working days of being notified by us to do so;
- the behaviour of the member(s) (whether as individuals or as a group) is deemed by Kafnu to be unacceptable, or breaches fire safety, health and safety or any legislation in any way or is deemed unsafe for our staff, other members, guests and visitors of Kafnu.
- We may also at any time terminate your membership and/or Workspace or facility reservation if we discontinue the particular Location or all Locations.
- If Kafnu terminates your membership, you must vacate the Location and remove all your Belongings immediately, and pay to Kafnu on demand:
- all fees and other sums due but unpaid together with any interest on the overdue sum calculated daily from the due date to the date of payment, at the interest rate applicable in the relevant Location as set out in the House Rules (interest rates may vary between Locations); and
- all reasonable costs and expenses incurred (including legal fees and disbursements) in connection with a default by you, recovering the Workspace or other facilities, enforcement of any provision of these Terms against the member, and/or collecting any sums due under these Terms.
- After termination of your membership:
- your right to use the Services will end and you will remove all your and your guest’s Belongings from the Location;
- any of your Belongings that are not removed from the Location within 2 days of termination will, at our election, become our property and may be disposed of by us in any manner and at any time that we consider appropriate;
- any mail, parcel, fax, telex or cable or other object sent to or left at the Location will be disposed of by us in our sole discretion.
- Termination of your membership will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.
PART C. LOCATION RULES OF USE
- This part of the Terms sets out the general conditions for use that apply to each Location (“Rules of Use”). These Rules of Use may be supplemented by House Rules. If there is any inconsistency between these Rules of Use and the House Rules, the House Rules will be the governing rules (but only to the extent necessary to resolve the inconsistency).
- You must keep the Workspace and Shared Space clean and orderly, free from rubbish and safety hazards. Any use of the Workspace or Shared Space by you, or your guests and visitors, that creates cleaning requirements that are considered in excess of the general and normal standards will be subject to a surcharge payable by you to us.
- You must, and are responsible to ensure that your guests and visitors do:
- behave in a responsible, courteous and professional manner with due consideration and respect towards our staff, contractors or guests, other members and their guests and visitors;
- refrain from any behaviour which would bring the Location into disrepute or cause discomfort to our staff, contractors or guests, other members and their guests and visitors; and
- not bring to or keep any item in the Location that is flammable or may create a safety risk to the Location or others within in or in the proximity of the Location (e.g. firearms), or which you do not have a legal right to have in your possession.
We reserve the right to ask any person who fail to do so to leave the Location immediately.
- The Workspace and Shared Space must, at the end of the reservation (or earlier termination date), be clear of all your Belongings, trash and other items that were not present when you took control of it. Failure to do so may result in Kafnu disposing of property and charging you for associated expenses.
- You will ensure that the Workspace and Shared Space is used only for the purposes for which it is designed, in a proper and lawful manner, consistent with these Terms and any instructions or guidelines provided by Kafnu. You will not make any alterations or remove any component of the Workspace or Shared Space unless Kafnu management has given prior written consent.
- You must not use any Services or reserve or use any Workspace or event space in a “retail,” “medical,” or other manner that involves frequent use by or visits from members of the public.
- Depending on the Location, we may issue a security access card to members who reserve a meeting room or events space for consecutive days, or who reserve other forms of Workspace on a monthly basis. The access card is and remains our property at all times. Before we issue you with an access card, you must pay us a security deposit. Security deposit amounts are available upon request from your Location community manager. If you lose, misplace or fail to return your access card at the end of the reservation, or on termination of membership, we will be entitled to deduct the replacement cost from your security deposit before refunding any balance to you.
- You will give immediate written notice to Kafnu in the event of any wilful or negligent loss, accident or damage to: (i) the Workspace, Shared Space or other areas and facilities; or (ii) our furniture, equipment or materials in your Location arising from or in connection with your hire of the Workspace or your or your guest’s and visitor’s attendance and use of the Location. Any such loss or damage is your financial responsibility.
- We does not accept responsibility for any loss or damage to your Belongings brought to the Location before, during or after the reservation period. Belongings are brought to and left within the Location at your own risk. You are responsible to arrange adequate insurance to cover potential loss to Belongings. This policy also applies to any and all Belongings of your guests and visitors.
- No banners, signage or posters may be attached to any surface of the Location without our prior written consent. Under NO circumstances can tape, staples, or any fixing be attached to the pillars, railings, walls or other surfaces within the Location and such items may be removed by us in our discretion without warning. Subsequent costs of making good any damage will be charged to you. Kafnu signage, emergency or other signage in place for the safety of Kafnu staff, contractors, other members, guests and visitors must not be covered or obscured in any way at any time.
- You acknowledge and agree that we will not be responsible for any loss of or damage to the Workspace or Location arising out of or in connection with any negligence, misuse, mishandling of the Workspace or otherwise caused by the you or your guests or visitors, and you undertake to indemnify us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you, your guests or visitors to comply with the provisions of these Terms.
- Visitors to the Location (including prospective members) are required to register with one of our community managers upon arrival at a Location, and may be required to present a valid, government-issued photo identification before entering the Location. We reserve the right to remove any visitor from the Location if they do not conduct themselves consistently with these Terms. If we deem it reasonably necessary, we may disclose information about a visitor to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our members, or other individuals, or any of our or their Belongings or other property.
- You will pay the non-refundable fee at the time of making a reservation to reserve the Workspace and/or Shared Space.
- A reservation is not confirmed until the fee has been paid and you have satisfied any and all reasonable requirements of Kafnu relating to the reservation (which may include, among others, signing a separate document).
- Meeting rooms and event spaces may be reserved subject to availability. Meeting rooms may be used for a quick break-out of up to 15 minutes if they are not reserved by other members, but if you need longer than that you will need a paid reservation.
- If you wish to reserve a Workspace for longer than 30 days, block-book a number of Workspaces or other type of reservation not available through our online booking service, a separate arrangement may be made. Please contact your community manager for more information on availability, our package rates and tailored arrangements. Some of our Locations are within hotels which also offer conference facilities – let us know if you are coming to Kafnu in connection with a conference at the host hotel.
- We will host events open to members and/or the public from time to time, and when an event is planned we may ask you to relocate your Workspace. Where possible, we will arrange an alternate Workspace for you so you can work through the event but we cannot and do not guarantee that the available Workspace will be sufficient to meet all of your requirements. Workspaces fees will NOT be pro-rated for any relocation as events are an important part of how the Kafnu community functions. For some larger Kafnu events or member functions, we may need to block all or most Workspaces, Shared Spaces or the entire Location from being available for use or reservations, and we will do our best to give you notice as early as practicable.
- Our Locations are a shared and flexible community, and there may be other situations (apart from events) where you are asked to relocate your Workspace to an alternate position in the Location. In such situations, if we are unable to relocate you to a similar Workspace, and we arrange an alternate Workspace at a lower fee rate, we will adjust your fees to match the Workspace you use. If no alternate Workspace is available for you, you may cancel the reservation and the Terms for cancellation of reservations will apply.
- If you have not moved your Belongings within 3 days after we have requested that you relocate to an alternate Workspace under these Terms and you have not cancelled the reservation, we have the right to move your Belongings to the alternate Workspace proposed by us and we will not be liable for any damage caused by such move.
Cancellations of reservations
- To cancel your reservation of any Workspace or Shared Space, you must give us notice and cancellation is not deemed to have occurred until notice is received by us in writing to the Location, or to the email address set out in the House Rules or otherwise displayed in your Location. Verbal cancellation will not be accepted.
- If you have reserved a Workspace or Shared Space on a monthly basis, you may cancel a reservation up to 6:00pm on the last day of the month without penalty. However, if you cancel your monthly reservation earlier in the month any fees already paid will not be refunded.
- If you have reserved a Workspace or Shared Space on an ad hoc basis or for period of less than 30 days, and you give notice to cancel your reservation:
- more than 48 hours before the start of the reservation, the relevant fee can be used towards a future reservation;
- 48 hours or less before the start of the reservation, the relevant fee will be either forfeited or may be used towards a future reservation in accordance with the House Rules that apply to your Location at the relevant time;
- after the reservation has started, the amount of the total fee that relates to the unused portion of your reservation period will not be refunded and cannot be used towards a future reservation (unless we agree otherwise in our sole discretion).
PART D. LET’S GET TECHNICAL
- When you register for membership you set up your membership account (“Account”) and provide us with personal information and credit card method of payment. You agree to maintain accurate, complete, and up-to-date information in your Account at all times. If you fail to do so, including by leaving an invalid or expired payment method on file, your inability to access and use the Services may be lost or we may terminate your membership. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may only possess one Account at any time unless we have given approval otherwise in writing.
- Please notify us immediately if you suspect any unauthorized use or access of your Account username and password, or any other form of security breach. We will not be liable for any loss incurred as a result of such unauthorized use or access, or security breach, whether it occurs with or without your knowledge and/or consent.
Use of IT Services
- Our IT Services include:
- “Apps”: any software or mobile applications of Kafnu, underlying code elements of the App, and text, sounds, graphics, animated elements or any other content of the App;
- “website”: the Kafnu website https://www.kafnu.com/ and the whole or any part of the web pages incorporated in this website including the layout of the website, individual elements of the website design, underlying code elements of the website, and text, sounds, graphics, animated elements or any other content of the website;
- “member network”: the Kafnu intranet platform available to members and including a members directory and content provided by Kafnu, members and Third Party content providers.
- As a member, you have the privilege and revocable licence to make use of our IT Services (which form part of the Services) on a complimentary basis. However, this privilege and licence is not a right of membership and we may withhold access and deny use of IT Services if you do not comply with the conditions for access and use set out in these Terms. See Part E of these Terms for more details about this licence.
- With each access or use of our IT Services, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, please do not use or access our IT Services.
- We may install software onto your computer, laptop, mobile device or any other electronic device before you can use or access the IT Services. If you refuse to let us install software, you may not receive or be able to use the IT Services or any part of them. We may, at our option, provide you with technical support and you agree that we will not be liable for any damage or loss incurred to your computer, laptop, mobile device or any other electronic device in relation to any software installation or technical support we provide, for whatever reason.
- While we take appropriate measures to ensure that our IT Services are secure, you agree that data transmission can possibly be intercepted by equipment and software and you agree that data network and communication over the internet inherent in the IT Services will not be completely secure, private or protected. You also agree that the IT Services could be limited by equipment, network, interference, signal, transmission problems, and may at times be slower than you expect due to maintenance work being performed. We will not be liable for any damage or loss incurred arising from any interruption, interception or delay in the IT Services.
- When using or accessing the IT Services, you undertake NOT TO:
- use the IT Services in contravention of any law, rule, regulation, code and guideline that apply for your Location or other geographical location from where you access and use the IT Services;
- infringe any rights, including intellectual property rights, of any entity, company or person;
- cause disruption or interference to the normal functioning and/or smooth operations of our IT Services, including creating or transmitting computer viruses, worms, Trojan horses to anywhere, cancelbots, spyware, corrupted files, time bombs, spamming, hacking, causing file corruption, and doing anything which will impose a disproportionately large load on our network and thus slowing it down;
- use any software or program that damages, interferes with or disrupts the Services or another person's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses;
- cause nuisance, annoyance, inconvenience, or property damage, including using vulgar or harassing language or being abusive to any party using the IT Services. Hate speech is not tolerated;
- upload or otherwise distribute User Content (defined below) that you don't have permission or rights to freely distribute, or organize or participate in any activity, group or association that is abusive, harassing, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, invades another's privacy, objectionable or otherwise contrary to the Kafnu community spirit;
- impersonate another person or falsely imply that you are representing Kafnu;
- share your IP address or ISP internet connection with another person;
- make false reports to us or our staff or make inappropriate use of our technical support or feedback channels; and
- sell, re-sell or rent any Services or wifi-service to any entity or person, or solicit any entity or person to be engaged in any activity that competes with our business.
- Breaching the above prohibited uses may result in civil or criminal liability. We reserve the right to report such activities to law enforcement authorities and co-operate with any investigation or to assist with prosecution of violators, without notice to you.
- We may block, suspend or terminate your use or access to the IT Services at any time by reason of a technical failure or other issue with the provision of the IT Services, or detection of any illegal or unauthorized behavior or activity violating these Terms, without notice or compensation.
- If you encounter another member who is violating any of these Terms, please report this activity to us by emailing [email protected].
- Unless otherwise noted, all materials including logos, brand names, images, designs, photographs, video clips and written and other materials (“Content”) that appear as part of our IT Services are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Kafnu, its affiliates within the Next Story Group of companies and/or its content providers. Our IT Services as a whole are protected by copyright, trademarks, service marks, trade dress and other intellectual or ownership rights. Any rights over Content not expressly granted in these Terms are reserved for Kafnu.
- Nothing on our IT Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our IT Services, without the prior written permission of the Intellectual Property owner. Kafnu may aggressively enforce its intellectual property rights to the fullest extent of the law. You must not use the word “Kafnu”, the Kafnu logo or other distinctive brand features of Kafnu in any manner whatsoever without our prior written consent.
- Fair use of Kafnu and Next Story Group’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our IT Services may be the Intellectual Property of their respective owners.
- You must not edit, reproduce, copy, transmit, distribute, sell, rent or create derivative works based on any of our Content, whether in whole or in part, without our prior written consent. You must also not decompile, reverse engineer and/or attempt to obtain the source code of our IT Services.
- Our IT Services may contain links to, or content from, websites owned or operated by Third Parties, and Third Parties may provide advertisements. Such links and content are provided for your reference only. We do not monitor or control external websites and you agree that we are not responsible for their content, nor it is implied that we endorse any material from Third Parties that appears on our IT Services, or the owner, operator or sponsor of such material, unless we expressly disclose otherwise. Inclusion of any Third Party links or content does not imply that Kafnu is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
- The content in Third Party websites may contain errors and/or omissions, and we will not be responsible for any loss or damage of any kind in connection with your use or reliance on any such Third Party website or any information, advertisement or other material therein. Any use you make of a Third Party website is entirely at your own risk.
- Kafnu uses reasonable efforts to provide accurate and up-to-date information on our IT Services, but we do not guarantee that any information contained in the IT Services is accurate, complete, reliable, current or error-free or that our IT Services will be free from viruses. We are not responsible for any errors or omissions in our IT Services. At any time, we may modify or replace our Content, make changes to the IT Services or correct any error or omission without notice to you, and will aim to update information in a timely manner, but we are not obliged to do so and will not be liable for any inaccuracies. Any use you make of our IT Services is entirely at your own risk, and without limiting any other provisions in these Terms, we will not be liable for any loss or damage of any kind resulting from your use of our IT Services.
- We may permit you to submit, upload, publish or otherwise make Content available to us, other members and Third Parties through the members network, as well as commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). We may, in our sole discretion, remove, edit or disable User Content for any reason, including if we reasonably determine that User Content violates these Terms.
- We do not pre-screen or vet, endorse or approve any User Content available on the IT Services. We do not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content.
- While your User Content remains your property, by sharing your User Content onto the member network, you are granting us a worldwide, non-exclusive, irrevocable, royalty-free and transferable license with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now existing or devised in the future (including in connection with the Services and Kafnu’s business and on Third Party sites and services), without further notice to or consent from you. You agree we are not required to pay you or any other person or entity to access your User Content and to display, use, edit, reproduce, distribute, save, and make derivative works of your User Content, in accordance with these Terms.
- You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as provided for above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available the User Content, nor our use of the User Content as permitted in these Terms, infringes misappropriates or violates intellectual property rights or violates any applicable laws.
Especially about Apps
- There may be Third Party websites which appear to offer, for your downloading, our App or another software or mobile application that may seem to offer the same or similar Services (“Third Party Apps”). It is your responsibility to verify that the Third Party Apps are offered by our authorized distributors before downloading them. We are not liable for any loss or damage that may occur as a result of you using, accessing or relying on the products or services provided by any Third Party Apps.
- Information and links from Third Parties who provide Third Party Services, or our other Third Party business partners, may be available or integrated within our App. Please note that you may be required to provide personal information to these Third Parties to use their services. Any personal information you provide to them will be subject to the Privacy Policies of the Third Party and we are not responsible in any way for your information so provided.
PART E. ADDITIONAL PROVISIONS
- In registering for membership and paying our fees, Kafnu grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable and conditional licence to use our Services from time to time. This means that: (i) we can at any time revoke the licence and withhold access to Services; (ii) occupation of our Locations is to be shared with others (including Kafnu); (iii) you cannot transfer or sub-licence your rights to any other person; (iv) and the continuation of your licence is dependent on you complying with the Terms.
- When you use the Services, you may be given access to Third Party Services and advertisements from our other third party business partners. We are not responsible for the content of any advertisements, links, products, services or other materials relating to any Third Party Services. If you choose to purchase Third Party Services, such services would be covered under a separate agreement that you enter into with the relevant Third Party and that agreement will govern all matters relating to the Third Party Services. Kafnu is not involved in or responsible or liable in any way for Third Party Services or the conduct of Third Parties.
- From time to time, we may film or photograph parts of our Location (including your Workspace) for use on our IT Services or other printed material. Unless you notify us otherwise, you grant Kafnu irrevocable permission to use your image, likeness, video, name, logo and audio-recording of your voice and waive any related right to royalties or other compensation. You can request that your name or logo be excluded from any video or photo by giving us notice by email to [email protected] You will then allow us 7 days following our receipt of your request to remove references to your name or logo from our IT Services or other printed materials. We may edit, copy, exhibit, publish or distribute your video or photo without needing your consent or approval of the finished product. There is no time nor geographical limit on the validity of this release.
- These Terms constitute the entire agreement between you and us, and these Terms supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter. Both you and us acknowledge that in entering into these Terms, neither rely on, and will have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Both you and us confirm that each is acting on its own behalf and not for the benefit of any other person.
- Nothing in these Terms is intended, or will be considered in any way, to establish any partnership or joint venture or agency relationship between you and us. Notwithstanding any other provision to the contrary, you agree that these Terms do not grant you any title, lease, easement, lien, tenancy or other real property interest, possession or related rights of any nature in our business, Location or anything contained in any Location, and that you will not in any way misrepresent our relationship.
- Your rights as a member will always be subject and subordinate to any Location lease or sublease that exists at any time over the whole or part of the Location, and any mortgage, pledge, lien or other security, or deed of trust that exists at any time in respect of the whole of part of the Location or any lease or sublease that benefits Kafnu.
No Warranty; Exclusion of Liability and Indemnification
- THE SERVICES (INCLUDING FOR THE AVOIDANCE OF DOUBT THE IT SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILBLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND TERMS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES, TERMS OR REPRESENTATIONS AS TO THE AVAILABILITY, OPERATION, PERFORMANCE AND/OR USE OF OUR SERVICES, OR ANY OTHER MATERIALS ON OR ACCESSED VIA THE SERVICES, INCLUDING ANY WARRANTIES OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES, TERMS OR INDEMNIFICATION ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
- TO THE EXTENT PERMITTED BY LAW, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR STAFF, GUESTS, AGENTS, OR YOUR OR THEIR INVITEES, WAIVE ANY AND ALL CLAIMS AND RIGHTS AGAINST US AND OUR LANDLORDS AT THE LOCATIONS AND KAFNU AND ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES, AND OUR THEIR STAFF, ASSIGNEES, OFFICERS, DIRECTORS AND AGENTS RESULTING FROM INJURY OR DAMAGE OF WHATEVER KIND TO, OR DESTRUCTION, THEFT, OR LOSS OF, ANY PROPERTY, PERSON, BUSINESS INTERRUPTION, LOSS OR INTERCEPTION OR COPYING OF PROGRAMMES OR DATA, INCLUDING FOR THE AVOIDANCE OF DOUBT, ANY AND ALL CLAIMS AND RIGHTS THAT MAY ARISE OUT OF OR ANY WAY RELATED TO USE OF THE SERVICES INCLUDING THE IT SERVICE OR ANY THIRD PARTY WEBSITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN OUR IT SERVICES, USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR SERVICES, AND RELEASE US AND THEM FROM ANY SUCH CLAIMS.
- THE MAXIMUM AGGREGATE LIABILITY OF KAFNU AND ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES FOR BREACH OF THESE TERMS, OR ANY LIABILITY FOR THE ACTS OR OMISSIONS OF OUR OR THEIR STAFF, AGENTS, CONTRACTORS, GUESTS AND INVITEE (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE AT LAW OR IN EQUITY), WILL IN NO CIRCUMSTANCES EXCEED THE TOTAL FEES AND PAYMENTS PAID BY YOU TO US UNDER THESE TERMS FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE CLAIM ARISING. NONE OF KAFNU OR ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES WILL BE LIABLE IN ANY MANNER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR BUSINESS INTERRUPTION, OR FOR THE COST OF ANY SUBSTITUTE GOODS, PRODUCTS, FACILITIES OR TECHNICAL SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT COMMENCE ANY ACTION OR PROCEEDING AGAINST KAFNU OR ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES, (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE AT LAW OR IN EQUITY), UNLESS THE ACTION OR PROCEEDING IS COMMENCED WITHIN 12 MONTHS OF ACCRUAL OF THE CAUSE OF ACTION.
- NOTHING IN THESE TERMS WILL EXCLUDE OR IN ANY WAY LIMIT EITHER YOUR OR OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN RESPECTIVE NEGLIGENCE OR WILFUL MISCONDUCT; LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- NO WAIVER OF RIGHTS OR REMEDIES BY KAFNU SHALL BE EFFECTIVE UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORISED REPRESENTATIVE OF KAFNU. NO FAILURE OR DELAY BY YOU OR KAFNU TO EXERCISE ANY RIGHT OR REMEDY PROVIDED UNDER THESE TERMS OR BY LAW WILL CONSTITUTE A WAIVER OF THAT OR ANY OTHER RIGHT OR REMEDY, NOR WILL IT PREVENT OR RESTRICT THE FURTHER EXERCISE OF THAT OR ANY OTHER RIGHT OR REMEDY. NO SINGLE OR PARTIAL EXERCISE OF SUCH RIGHT OR REMEDY WILL PREVENT OR RESTRICT THE FURTHER EXERCISE OF THAT OR ANY OTHER RIGHT OR REMEDY.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KAFNU AND ITS AFFILIATES IN THE NEXT STORY GROUP OF COMPANIES, AND OUR AND THEIR STAFF, ASSIGNEES, OFFICERS, DIRECTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIM INCLUDING REASONABLE LEGAL FEES AND DISBURSEMENTS, RESULTING FROM ANY BREACH OF THESE TERMS BY YOU OR YOUR STAFF, GUESTS, AGENTS, OR YOUR OR THEIR INVITEES OR ANY OF YOUR OR THEIR ACTIONS OR OMISSIONS. KAFNU WILL HAVE SOLE CONTROL OVER THE DEFENSE OF ANY SUCH CLAIMS. YOU ARE RESPONSIBLE FOR THE ACTIONS OF, AND ALL DAMAGES CAUSED BY, ALL PERSONS THAT YOU OR YOUR GUESTS INVITE TO ENTER ANY OF THE LOCATIONS OR USE ANY OF OUR SERVICES. YOU MUST NOT SETTLE ANY SUCH CLAIMS THAT REQUIRE A MATERIAL ACT OR ADMISSION BY, IMPOSES ANY OBLIGATION UPON, OR DOES NOT CONTAIN A FULL AND UNCONDITIONAL RELEASE OF KAFNU OR ANY OF ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES WITHOUT OUR PRIOR WRITTEN CONSENT. NEITHER KAFNU NOR ANY OF ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES SHALL BE LIABLE FOR ANY SETTLEMENT MADE WITHOUT ITS PRIOR WRITTEN CONSENT.
- YOU AGREE TO COOPERATE FULLY WITH KAFNU IN RESPECT OF ANY ENQUIRY OR INVESTIGATION KAFNU MAKE INTO ANY ACTUAL, ALLEGED OR POTENTIAL VIOLATIONS OF THESE TERMS FROM TIME TO TIME. YOU WAIVE ANY AND ALL RIGHTS AGAINST KAFNU OR ANY OF ITS AFFILIATES WITHIN THE NEXT STORY GROUP OF COMPANIES, AND AGREE TO HOLD THEM HARMLESS IN CONNECTION WITH ANY CLAIMS RELATING TO ANY ACTION TAKEN BY US IN THE COURSE OF OR CONNECTED WITH OUR ENQUIRY OR INVESTIGATION.
- These Terms will be governed by, construed, and enforced in accordance with the laws of Singapore without application of its conflict of laws principles.
- You and us agree to first seek to resolve any dispute or claim arising out of these Terms or any membership matter before resorting to formal dispute resolution. If negotiation discussions have not resolved the dispute within a reasonable period of time, which shall be no longer than 30 days, either you or us may commence court proceedings in Singapore. You and us irrevocably agree that the courts of Singapore will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
- Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor us will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and us also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. THIS MEANS THAT YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ACTION LITIGATION OR ANY CONSOLIDATION OF INDIVIDUAL LITIGATION.
- We may give notice by means of a general notice on the IT Services, email to your email address recorded in your Account, or by written communication sent to you at the address recorded in your Account. You may give notice to us by written communication to Kafnu’s address at 88B Amoy Street, Singapore 069907. All notices must be in the English language.
- Neither you nor us will be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
- If any provision of these Terms is held to be invalid, illegal or unenforceable (whether in whole or in part), it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the other provisions of these Terms will remain in effect and the parties will use their best efforts to substitute the invalid, illegal or unenforceable provision with a new provision to comparable intent and effect. In some jurisdictions, the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages is not permitted. If applicable to you, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.
- Unless it expressly states otherwise, these Terms do not give rise to any rights under the Singapore Contracts (Rights of Third Parties) Act, or other comparable laws in the jurisdiction of your Location, to enforce any provision of these Terms. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
- All provisions of these Terms reasonably expected to survive the termination of these Terms will so survive. In these Terms, the words “including” and “include” mean “including, but not limited to”.
- These Terms may be translated into a language other than English. If there is any inconsistency between the English language and translated version, both you and Kafnu agree that the English language version shall prevail.
as at 9 October 2017