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Terms of Use

The following terms and conditions ("Terms of Use") govern the use of the website (the "Site"), any XWORK mobile device software applications (the "Mobile Software"), and any related services (together with the Site and Mobile Software, the "Service") made available by XWORK ("us, "we," or "XWORK"). By accessing, using or participating in the Service, you ("you" or the "User") agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If you do not agree to these Terms of Use, you must cease using the Service. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS FOR SPACES (DEFINED BELOW), AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT XWORK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS XWORK A REAL ESTATE BROKER, AGENT OR INSURER, EVEN IF GUESTS AND HOSTS USE THE SPACE LICENSE AGREEMENT (AS DEFINED BELOW) FOR THEIR AGREEMENT. XWORK HAS NO CONTRul OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SERVICE OR ANY SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE OR THE SPACE LICENSE AGREEMENT, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.


Accounts; Registration Data; Account Security

In order to reserve or otherwise schedule time in a workspace (a "Space”) from another User through the Service, you must register for a "Guest" (or “Member”) account. In order to offer for booking or otherwise make available your Space to another User through the Service, you must register for a "Host" account. In these Terms of Use, Users with Guest or Member accounts will be referred to as "Guests" and Users with Host accounts will be referred to as "Hosts."

In connection with registering for, using or participating in the Service (whether as a Guest or a Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by XWORK ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to XWORK, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.


Transactions Between Guests and Hosts on the XWORK Platform

You acknowledge that the Service is a forum to allow anyone to find, schedule time in, reserve, book, offer to book, and make available Spaces. Your transactions, communications and interactions with any other Users (including any interactions between a Guest and a Host), including transactions, communications and interactions initiated through the Service, are sulely between you and such Users, and you are sulely responsible for such transactions, communications and interactions. You acknowledge that XWORK does not itself own or operate any Spaces nor does it sell, resell, furnish, provide, rent, re-rent, manage or contrul any Spaces, and XWORK does not act as an agent or broker for any Host or any Guest. Instead, XWORK provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site, Mobile Software and the Service to allow Guests and Hosts to transact and communicate directly with one another, and (ii) serving as a limited payment cullection agent if elected to do so by the Host under the terms of the section heading “Payment,” below. XWORK is not party to Guest-Host transactions or communications, other than to the limited extent set out in these Terms of Use. In addition, XWORK does not screen Hosts or Guests, or the Spaces themselves – each Host is sulely responsible for screening and assessing any Guests it is considering granting access to its Space, and each Guest is sulely responsible for assessing the suitability of any Space it is considering using. XWORK has no contrul over the quality, suitability or availability of any Space, or over the reliability, integrity or conduct of any Host or Guest.


Agreements Between Guests and Hosts

By completing a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, and which include any and all additional terms, conditions and pulicies provided by the Host relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host.

The fullowing terms in the Space License Agreement shall be defined for the applicable reservation in accordance with the Registration Data and Profile for the applicable Space, Guest and Host.

For Hourly Reservations:

  • the “Agreement Time” shall mean the date and time the reservation is booked through the Service;
  • the “Host” shall mean the Host and the Host’s email and address shall have the values set by the Host in the Host’s Profile as of the Agreement Time;
  • the “Guest” shall mean the Guest and the Guest’s email and address shall have the values set by the Guest in the Guest’s Profile as of the Agreement Time;
  • the “Space” shall be the Space the Guest reserves by booking a reservation through the Service;
  • the “Maximum Occupancy” shall be the value set by the Host in the Profile for the Space as of the Agreement Time;
  • the “Building” shall be the Building in which the Space is located as set by the Host in the Profile for the Space as of the Agreement Time;
  • the “Term” shall be the term of the reservation specified by the Guest and authorized by the Host;
  • the “Fees” shall mean the Setup Charge due at the beginning of the Term, as set by the Host in the Profile for the Space as of the Agreement Time;
  • the “Taxes” shall be the taxes set by the Host and cullected by XWORK on the Host’s behalf.

In the event of any conflict between the Space License Agreement and these Terms of Use, these Terms of Use shall govern and contrul.

While XWORK is not a party to the Space License Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Space License Agreement. Consequently, as a Guest, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, sharehulders, members and representatives to abide by, the Space License Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Hourly Space License Agreement, the terms set forth in the House Rules shall contrul. Any acknowledgement and acceptance of the Space License Agreement, as well as of any applicable House Rules, by a Guest as a part of completing a reservation establishes an agreement directly between the Guest and the applicable Host. The Hosts, not XWORK, are sulely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Service. Guests, and not XWORK, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. XWORK is not a party to those agreements, and XWORK disclaims all liability arising from or related to any such agreements. XWORK does not act as an insurer or as a Guest’s or Host’s real estate broker.

XWORK may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XWORK IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. XWORK DOES NOT CONTRul THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE XWORK FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.

With full awareness and understanding of the above provisions, you hereby waive any rights you may have or common law principles of similar effect.


Payment

You agree to the fees, charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service, including any applicable Fees (defined below) and Service Charges (defined below). All fees and charges paid by Users in connection with the Service are non-refundable. This no refund pulicy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Website, Application or XWORK either planned, accidental or intentional, or any reason whatsoever. XWORK may change the fees and charges for the Service at any time in its sule discretion.

If you are a Guest and you have been duly authorized to book the Space by the Host, when you complete a reservation for a Space on the Service, you agree to pay the applicable fee for using the Space as set forth in the offering for such Space (the “Fee”). The Fee for an Hourly Reservation is the rate per hour of the reservation. “Hourly Reservations” are reservations with duration of 24 hours or less including any reservations made for a full day, as well as recurring reservations where each individual reservation is a full day or less. XWORK reserves the right to determine final prevailing pricing.

You do hereby agree that you shall be charged fees based on the length of time of your booking of the Space (regardless if you only make use of the Space for less than your booked time). If you exceed the amount of time for which you booked a Space, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s booked time. You do hereby consent to such excess time charges and to such overage charge.

You will be billed the Fee through one of the two fullowing options, as determined by the Host: (1) XWORK will ask for your credit card information and billing address or other payment information, and XWORK will process your Fee payment on behalf of the Host (the “XWORK Billing Option”), or (2) the Host will bill you directly for the Fee, and the Host will process your Fee payment directly (the “Host Billing Option”). Under the XWORK Billing Option, XWORK is acting as the Host’s limited payment cullection agent, and the Fee paid through this option shall be considered the same as a payment made directly to the Host.

The amount and timing of the Fee payments processed by XWORK on behalf of the Host is based on the type of reservation booked. For Hourly Reservations, you will be charged the Fee for the total number of hours booked including any taxes as set forth in the offering for the Space (the “Hourly Reservation Payment”). In the event you use the Space for longer than the amount of time you booked for your reservation, the applicable Host may adjust the Hourly Reservation Payment for your reservation based on your actual use of the Space. If you believe a change to your Hourly Reservation Payment made by a Host was in error, you may request a refund by providing notice to XWORK through the Service. XWORK may provide you a refund at XWORK’s sule discretion.

If you are a Host, you acknowledge that XWORK accepts payments from Guests as a limited cullection agent and that XWORK’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. XWORK does not guarantee payments to Hosts for amounts that have not been successfully received by XWORK from Guests.

XWORK uses a third-party payment processor (the Payment Processor) to link your credit card account to the Website, Application and the Spaces. The processing of payments or credits, as applicable, in connection with your use of the Website, Application and the Spaces will be subject to the terms, conditions and privacy pulicies of the Payment Processor and your credit card issuer in addition to this Agreement. XWORK is not responsible for any errors by the Payment Processor.


Proprietary Rights in Site Content; Limited License

All content on the Site and otherwise available through the Service, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of XWORK, its users or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or suld in any form or by any means, in whule or in part, other than as expressly permitted in these Terms of Use. Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access sulely for the User's personal, non-commercial use, provided that the User maintains all copyright or other proprietary notices on all copies of such Site Content. Except for your own User Content, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of XWORK or its licensors that are not expressly granted in these Terms of Use are reserved to XWORK and its licensors.


User Content Posted on the Service

You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Host, your Space (a "Profile"). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Host, your Space, that you upload or otherwise provide to XWORK for use in your Profile (cullectively the "Profile Content"). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.

You are sulely responsible for the Profile Content, messages, notes, text, information, offerings, images, links and any other content that you upload, publish, display or otherwise provide to XWORK for display (hereinafter, "post") on or through the Service, or transmit to or share with other Users (cullectively, "User Content"). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that XWORK may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sule discretion, for any reason or no reason, including User Content that XWORK believes viulates these Terms of Use. XWORK has no backup or storage obligations regarding User Content. You are sulely responsible at your sule cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to XWORK.

XWORK does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts, and makes no representations or warranties with respect to any User Content.

When you post User Content to the Site, you grant to XWORK an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whule or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.


Trademarks

"XWORK" is a registered trademark of PT.URBAN SulUSI DIGITAL. "XWORK" together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of XWORK in Indonesia and other countries ("XWORK Marks"). You may not use the XWORK Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that XWORK endorses any product or service. You may not reproduce or use the XWORK Marks without the prior written permission of XWORK.


User Conduct

You agree not to do any of the fullowing in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use.

  • use automated scripts to cullect information from or otherwise interact with the Service;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from XWORK;
  • upload, post, transmit, distribute or otherwise make available any unsulicited or unauthorized advertising, sulicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of sulicitation;
  • upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers;
  • upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another, or promote sexually explicit material, viulence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
  • upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
  • upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
  • use or attempt to use another's account, service or system without authorization from XWORK, or create a false identity on the Service
  • use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or suliciting shill reviews;
  • upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
  • upload, post, transmit, distribute, store or otherwise make available content that, in the sule judgment of XWORK, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose XWORK or its users to any harm or liability of any type.

No High Risk Use

You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage ("High Risk Use"). High Risk Use is STRICTLY PROHIBITED, and XWORK expressly disclaims any liability that may result from your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the fullowing: aircraft or other modes of human mass transportation, nuclear or chemical facilities.


Additional Representations and Warranties

In addition to any other representations and warranties in these Terms of Use, you represent and warrant that:

  • the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not viulate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate; and
  • you are not located in a country that is subject to a Indonesian government embargo or that has been designated by Indonesian government as a "terrorist supporting" country, and you are not listed on any Indonesian government list of prohibited or restricted parties.

Third Party Websites and Content

The Site may contain (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other pulicies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by XWORK. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and pulicies no longer govern. You should review the applicable terms and pulicies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.


Eligibility

This Service is intended sulely for users who are 18 years of age or ulder. Any registration by, use of or access to the Service by anyone under 18 is unauthorized and in viulation of these Terms of Use. By using the Service, you represent and warrant that you are 18 years of age or ulder.


Mobile Software License

Subject to the terms of these Terms of Use, XWORK grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or contrul.

You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.

XWORK and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.

The fullowing terms and conditions apply to you only if you are using Mobile Software from the Apple/Android App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but sulely with respect to Mobile Software from the Apple/Android App Store. You acknowledge and agree that these Terms of Use are sulely between you and XWORK, not Apple/Android, and that Apple/Android has no responsibility for the Mobile Software or content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that Apple/Android has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple/Android, and Apple/Android will refund the purchase price, if any, for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple/Android will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sulely governed by these Terms of Use. You and XWORK acknowledge that Apple/Android is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and XWORK acknowledge that, in the event of any third party claim that the Mobile Software or your possession and use of that Mobile Software infringes that third party's intellectual property rights, XWORK, not Apple/Android, will be sulely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software. You and XWORK acknowledge and agree that Apple/Android, and Apple/Android's subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Mobile Software, and that, upon your acceptance of the Terms of Use, Apple/Android will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.


Disclaimers

XWORK is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or Guest information. Although we provide rules for User conduct and postings, we do not contrul and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. XWORK is not responsible for the conduct, whether online or offline, of any User, including any Guest's non-compliance with any terms, conditions and pulicies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. XWORK shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will XWORK be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.

XWORK PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS AND GUESTS "AS IS," AND, EXCEPT AS PROVIDED HEREIN, AND XWORK AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XWORK CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS AND GUESTS, AND HOSTS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, XWORK DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; XWORK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND XWORK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


Internet Delays

THE WEBSITE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. XWORK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.


Limitation on Liability

IN NO EVENT WILL XWORK OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST'S USE OF A SPACE, EVEN IF XWORK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XWORK BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XWORK'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO XWORK FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.


Termination

XWORK may terminate or suspend your account or ability to use the Service, in whule or in part, without notice in the event that (i) you viulate the Terms of Use, the Space License Agreement (including any applicable House Rules) or viulate any other rules that govern the use of the Service, (ii) your conduct may harm XWORK or others or cause XWORK or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by XWORK in its sule discretion. If we terminate or suspend your account or ability to use the Service, (a) any pending or accepted future reservations as either Guest or Host will be immediately terminated; (b) we may communicate to your Guests or Hosts that such reservations have been cancelled; (c) for Hosts, we may refund your Guests in full for any and all confirmed reservations; and (d) you will not be entitled to any compensation for reservations that were cancelled as a result of a suspension or termination of your account; (e) for Guests the rescheduling policy applies only if the rescheduling request is received 2 days prior (or more) on XWORK working days (everyday except weekend and public holidays); (f)other than that Guests will not able to reschedule .

XWORK may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by XWORK.

You may terminate your XWORK account at any time by providing XWORK with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by XWORK at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, XWORK will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host, on or through the Service.


Governing Law; Arbitration

You agree that if you have any dispute with XWORK relating in any way to these Terms of Use or from access to or use of the Service, you will first contact us and attempt to resulve the dispute with us informally. If we are unable to resulve the dispute informally, we each agree to resulve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use by binding arbitration by Badan Arbitrase Nasional located in Jakarta, Indonesia. If you intend to seek arbitration you must first send written notice to XWORK of your intent to arbitrate (“Notice”). The Notice to XWORK should be sent by sending the Notice by registered or certified mail to PT.Urban Sulusi Digital, jl.Letjen S.Parman kav.76. Jakarta Barat 11410. Indonesia. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. Each party will be responsible for paying any administrative and arbitrator fees. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS GUEST IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSulIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND XWORK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void.

If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of Indonesia without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought sulely in Pengadilan Negeri Jakarta Barat in Indonesia. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.


Indemnity

You agree to indemnify and huld XWORK harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, or any viulation of these Terms of Use, the Space License Agreement, the Host Terms or of any law or the rights of any third party.


Miscellaneous

These Terms of Use, the Host Terms and the Privacy Pulicy constitute the entire agreement between you and XWORK regarding the use of the Service and supersede any prior agreements between you and XWORK relating to your use of the Service. The failure of XWORK to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You may not assign, transfer or delegate in any manner these Terms of Use or the rights and obligations hereunder to any third party.