General Terms and Conditions
Effective as of .
- 1. Definitions
- 2. Application of these general terms and conditions
- 3. Conditions for using the service
- 4. About the service
- 5. Notification of interest and exclusivity
- 6. Intellectual property rights
- 7. No guarantees and limitation of liability
- 8. Personal data
- 9. Modification of these general terms and conditions and the service
- 10. Assignment
- 11. Applicable law and disputes
1. Definitions
User is the person using the service as a Landlord or Tenant, either on their own behalf or as a representative of a company or organization.
Landlords are private individuals, companies or other organizations that advertise and rent out office space, office rooms or offices via Workaround.
Tenants are private individuals, companies or other organizations who, through the services provided by Workaround, wish to rent and/or lease one or more office spaces, office rooms or office premises from the Landlord.
Workaround is the Swedish company WorkaroundTown Sverige AB.
2. Application of these general terms and conditions
These general terms and conditions constitute, together with any other terms, an agreement between the User and Workaround. These general terms and conditions shall apply to all use of Workaround's services and apply to all Users.
By creating an account or submitting a notification of interest, you confirm that you have read and understood these general terms and conditions and agree to be bound by them. If you do not accept these general terms and conditions, you cannot use the service.
If the User uses the service for the benefit of a company or organization that is a Landlord or Tenant, these general terms and conditions apply to such company or other legal entity in addition to the User. In such cases, the User guarantees that the User has the right to legally bind the company or organization to these general terms and conditions.
For Landlords, in addition to these general terms and conditions, Workaround's general terms and conditions for Landlords, as updated from time to time, applies to Landlord’s use of the services. If a party has entered into a separate agreement with Workaround, such agreement shall prevail in case of conflicting wording.
3. Conditions for using the service
As a User, you understand and agree that you are responsible for complying with all laws, rules, regulations and tax obligations applicable to the use of the services provided by Workaround. You may only use the Workaround services in accordance with these general terms and conditions and other applicable terms. In connection with your use of the service and associated content, you agree that you will not:
-
use the service for purposes other than what the service is intended for, such as for competitive activities, brokerage, or other purposes not expressly authorized by our general terms and conditions;
-
provide false information in connection with an notification of interest or otherwise provide untrue or inaccurate information when using Workaround's services;
-
copy, store or in any other way secure access to the information contained on Workaround’s site for purposes not expressly permitted by our general terms and conditions;
-
use emails and chat features for undesirable commercial emails (spam) or advertising which is unrelated to the rental of workplaces or work premises;
-
systematically collect data or other content from our site for the purposes of creating or compiling a database, catalogue or similar regardless of the purpose;
-
manipulate or use non-public areas of Workaround’s website or the Workaround delivery system; or
-
contact Landlords through Workaround's services if you are a broker and have commission-based assignments or other assignments towards Landlords and/or tenant transfer matters. If you have an interested party on a specific object, please contact Workaround directly.
Workaround has the right to temporarily or permanently suspend the User from the service without further explanation. Examples of what may constitute grounds for suspension are violation of any of the contractual points in our general terms and conditions or repeated failure to respond in communication with Workaround or between a Tenant and Landlord.
4. About the service
Workaround supplies a brokering service for the rental and booking of vacant premises. The service is based on information in the form of text and images - about users, meeting rooms, conference premises and office sites supplied by Workaround through its landlords and tenants.
The Landlord and Tenant enter into a direct agreement with each other for rentals mediated through the Workaround platform. Workaround provides a brokering service. Workaround is not a landlord and is not a party to the agreement between Landlord and Tenant.
Tenants and Landlords via the Workaround platform are responsible for the material displayed as well as the prices and availability of the object. It is not allowed to link or refer to external websites in the advert text or in other user-generated content on the Workaround website.
It is Workaround's policy to always review all material posted on the site. Workaround reserves the right to reject material and/or change information posted on the service.
Workaround does not provide any cover for property or premises against loss or damage due to theft or vandalism caused by the hirer. Each host and guest is responsible for their own insurance needs.
5. Notification of interest and exclusivity
When a User who is a Tenant chooses to submit a notification of interest to a Landlord via the service, the User (in this case the Tenant) authorizes Workaround to exclusively represent the User towards the Landlord(s) for a period of 30 days. Exceptions to the exclusivity only apply to such Landlord who, within 48 hours after receiving a notification of interest, notifies Workaround that they already engage in an active and ongoing dialogue with the User through other channels and/or other brokers of office space. However, this does not affect the exclusivity towards other Landlords.
If the User who is a Tenant does not contact Workaround after the initial 30 days and expresses in writing a desire to be represented by another office space broker, Workaround will represent the interested party on an ongoing basis towards Landlords (see Terms and Conditions for Hosts section 7 for more information).
Use of the service is free of charge for Users who are Tenants. Landlords shall pay compensation in accordance with Workaround's general terms and conditions for Landlords or separate agreement between the Landlord and Workaround.
6. Intellectual property rights
When the User creates a user profile, the User obtains a right to use the service in accordance with these general terms and conditions.
All copyrights, trademarks and other intellectual property rights (registered and unregistered) relating to Workaround and in the service belong to Workaround and/or third parties. Nothing in these general terms and conditions grants the User a right or license to use any copyright, trademark, or other intellectual property right owned or controlled by Workaround. The User is only granted the limited right to use the service as specifically stated in these general terms and conditions.
The user may not copy, transfer to third parties, modify or further develop any part of the service and its content. Nor may the User develop solutions that compete with the service, decompile or reverse engineer the service or otherwise attempt to recreate the source code.
The user may not use Workaround's trademark or other signs owned by Workaround without Workaround's prior written authorization.
7. No guarantees and limitation of liability
The Service is provided "as is" without warranty of any kind and use of the Service is the responsibility of the User. Workaround does not guarantee continuous, uninterrupted or secure access to the service or that all information is always correct and complete and cannot be held responsible for any errors that may occur as a result of, for example, typing errors, technical interruptions or missing information. Nor can Workaround be held liable for any damage caused by Landlords, Tenants, Users or third parties. Workaround cannot be held liable for damage caused by the use of the service and its content, such as damage resulting from missing or delayed responses to booking confirmations or incorrect information in meeting confirmations.
Except for damage caused by Workaround's gross negligence or wilful misconduct, Workaround is not liable to the User or any third party for any indirect damage, such as but not limited to loss of profit, loss of income, loss of turnover, loss of contracts, loss of data, goodwill damage or consequential damage of any kind, arising out of or in connection with Workaround's provision of the service and the User’s use of the service or inability to use the service.
The User and Workaround agree that Workaround's total liability to the User shall be limited to a maximum of SEK five hundred (500) per annum.
8. Personal data
Workaround collects and processes personal data in order to create a user profile for the User and provide the service. Workaround will only collect and process personal data in accordance with the General Data Protection Regulation (EU 2016/679), also called GDPR. Our processing of personal data is carried out in accordance with our privacy policy. Read more in our privacy policy, which is available in the service.
When Workaround transfers personal data to a Landlord, the Landlord becomes the data controller for its own processing of the Tenant's personal data. For more information on the Landlord's own personal data processing, the User is referred to the respective Landlord.
9. Modification of these general terms and conditions and the service
Workaround has the right to change these general terms and conditions. Workaround will inform you of any such changes that materially affect your rights and obligations under these general terms and conditions no later than thirty (30) days before a change becomes effective. Workaround will provide such information on our website, in the Service, or by email to the email address provided by you.
You have the right to terminate your user profile in the service at any time and without prior notice. You can terminate your user profile and delete all personal data related to your account directly in the service. Special cancellation rules apply to Landlords.
Workaround has the right to change, revise or stop providing the service at any time, without any liability towards User, Tenant and Landlord. Workaround is also entitled to terminate the agreement with the User immediately or suspend the User from further use of the service.
10. Assignment
You may not assign or transfer any rights or obligations under these general terms and conditions. Workaround may assign and transfer our rights under these general terms and conditions without your consent.
11. Applicable law and disputes
These general terms and conditions shall be governed by and interpreted in accordance with Swedish law, without application of its conflict of laws provisions.
Any dispute or claim arising out of or in connection with these general terms and conditions, or the breach, termination or invalidity thereof, shall be finally settled by a Swedish court with the Stockholm District Court as the court of first instance, unless otherwise provided by mandatory law.