Bahnhofstrasse 62 8001 Zurich, Switzerland
Terms & Conditions
regarding Space Rental
The following Terms and Conditions of Use (“Terms”) describe your rights and obligations in connection with the space rental and receipt, access and use of any of the Services (as defined below) provided by WeSpace, at our WeSpace location in Bahnhofstrasse 62 (“Premises”). Please feel free to contact us with any questions regarding these Terms.
1. Acceptance of Terms; Modification of Terms. Please read these Terms carefully, as they affect your legal rights. By using the Services, you are agreeing to abide by and be bound by these Terms which are an integral part of your Space Rental Agreement. The Services provided by and on behalf of WeSpace at all times are subject to these Terms.
- References to “you,” “your,” “Client” and similar words in these Terms refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. You agree to provide WeSpace with accurate and complete information about yourself when you register / enter into an agreement with WeSpace and as you use the Services. You must be at least 18 years of age.
- You represent and warrant that you have all requisite legal power and authority to enter into and abide by these Terms and your Space Rental Agreement and no further authorization or approval is necessary. You further represent and warrant that your participation in or use of the Services will not conflict with or result in any violation of any license, contract, agreement or other obligation to which you are a party or are bound. If you are entering into this Space Rental Agreement on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity to these Terms.
2. Description of Services.
WeSpace is offering rooms / spaces according to the space rental brochure on our website for rent to organize any sort of event. However, events having any political, religious or any other ideological motivation cannot be held in at WeSpace. In the case of such events, WeSpace reserves the right of last minute cancellations, even if a reservation has been previously accepted. No refund for already paid reservation fees will be given in this case. WeSpace may, depending on the space rented by you, provide you and your event participants 2 with access to and use of a kitchenette or separate coffee machine in the meeting room (coffee is charged according to the price list in our event space brochure), access to the balcony, Internet access, certain office/space equipment (usage of screen, beamer and sustainable printer usage), and other services (e.g. catering) as agreed in the Space Rental Agreement (collectively, “Services”) at the Premises. The availability and scope of Services are subject to your Space Rental Agreement and may be subject to changes from time to time.
3. Parallel events
The infrastructure and the concept of WeSpace enable simultaneous and potentially competing events and gatherings as well as the simultaneous use of the Premises for co-working to take place. The Client is hereby notified of this eventuality.
4. Pricing Conditions
Price information in offers or confirmations are based on the state of information at the time when the offer or confirmation is made. The price list in the event space rental brochure on our website does also apply. We reserve the right to change offer prices in relation to spaces and services. [Value-added tax (VAT no CHE-332.061.678) is included in our prices]. Special conditions apply to the rental of space by WeSpace members.
Upon reservations, WeSpace is entitled to request a deposit of 50% of the rental price. The remainder will be invoiced after the event and must be paid in full within [10 days].
6. Cancellation Policy
If you cancel the reservation / booking for the space rental, WeSpace may charge a cancellation fee as follows:
- until 30 days prior to the Event Date: no cancellation fee
- 30 to 21 days prior to the Event Date: 25% of the Rental Price (as defined in the Rental Agreement) 21 to 14 days prior to the Event Date: 50% of the Rental Price (as defined in the Rental Agreement) 14 to 7 days prior to the Event Date: 75% of the Rental Price
- 7 to 0 days prior to the Event Date: 100% of the Rental Price.
7. Use of Services.
You agree that when participating in or using the Services, you will not:
A. Use the name “WeSpace” or use photographs or illustrations of the Premises or Services, or any trademarks, logos or other identifiers of WeSpace in any advertising, publicity or other purpose without WeSpace's prior written consent;
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
C. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through WeSpace’s Services;
D. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including copyright or trademark laws, or by rights of privacy or publicity unless you own or control such rights or have received all necessary consents to do the same;
E. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
F. Restrict or inhibit any other user from using and enjoying the Services;
G. Violate any code of conduct of other guidelines which may be applicable for any particular Service, including the building rules for the Premises;
H. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
I. Use the Services for any purpose that is unlawful or prohibited by applicable laws, 3 regulations or these Terms or otherwise violate any applicable laws or regulations;
J. Take or copy information belonging to WeSpace, or other members or their guests;
K. Drive nails, tacks, screws or pins into walls, furnishings, floors and ceilings;
L. Write, draw, decorate, attach posters or disfigure any wall or ceiling surfaces or otherwise damage or pollute the Premises or its furniture or equipment;
M. Bring additional furniture or large equipment into the Premises without the prior written consent of WeSpace;
N. Use the Services or Premises to conduct or pursue illegal or offensive activities; and
O. Deposit any substance in the toilets, sinks or drains that could cause blockage or damage;
You agree that when participating in or using the Services, you will:
P. Keep the rented space neat and tidy and take proper care of the furniture and ensure that no damage occurs;
Q. Not do or permit anything to be done in, on or around the Premises which causes, becomes or is a nuisance or annoyance to other members;
R. Maintain reasonable noise levels during coworking time (9:00 - 18:00) in case that the space is not rented exclusivly, and between 22:00-7:00.
S. Be responsible for any breakage, defect, damage, theft or vandalism caused to the Premises. Damage must be reported to a WeSpace representative immediately;
T. Comply with all health and safety and fire and emergency regulations. In particular you are aware that lighting of candles, smoking etc. may cause a fire alarm and will trigger a fine of CHF 2’500.-.
WeSpace reserves the right to exclude any participant whose use of the Services, in the opinion of WeSpace, would be detrimental to the use of the Services by members and other participants, guests or invitees. The Client is responsible for the actions of his/her/its participants, guest or invitees.
The Client is responsible for obtaining liability and property insurance to cover any personal or property damages. WeSpace do not assume any responsible for any equipment (personal computers, mobile phones, etc.), valuables or property the Client or participants use or leave behind in the space. Personal property, valuables and equipment is the Client’s responsibility. The Client is responsible for maintaining its personal and it’s participants’ property and liability insurance to cover property loss or damage to equipment and property while using our space. WeSpace will not insure any equipment or property that the Client or its participants bring into the space. Any equipment or property brought into the space is at the Client’s sole risk and the Client should maintain own insurance for these items.
WeSpace reserves the right at all times to disclose any information about you, your participation in and use of the Services as WeSpace deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WeSpace’s sole discretion.
A. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” means all information, in whole or in part, that is disclosed by WeSpace or its affiliates, or any member or user of the Services or any employee, affiliate, guest, invitee, or agent thereof, that is nonpublic, confidential or proprietary in nature. “Confidential Information” also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of 4 WeSpace or its affiliates, any analyses, compilations, studies or other documents prepared by WeSpace or its affiliates, or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
B. Your participation in and/or use of the Services obligates you to;
i. maintain all Confidential Information in strict confidence;
ii. not to disclose Confidential Information to any third parties;
iii. not to use the Confidential Information in any way directly or indirectly detrimental to the owner of the Confidential Information.
C. All Confidential Information remains the sole and exclusive property of WeSpace or its affiliates or the respective disclosing party. You acknowledge and agree that nothing in these Terms or your participation in or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of WeSpace or its affiliates or any member or user of the Services, or any employee, affiliate, guest, invitee or agent thereof.
11. Surveillance; Other Events and/or Members.
You are advised that the Premises are under surveillance 24 hours a day and WeSpace will retain records, data and videos of access to the Premises by members, guests and invitees. Also, WeSpace does not control and is not responsible for the actions of other members or their guests or invitees. If a dispute arises between the Client, participants of the event, members or their invitees or guests, WeSpace will have no responsibility or obligation to participate, mediate or indemnify any party. WeSpace reserves the right to terminate your rental agreement immediately, without refund, if any dispute becomes disruptive.
12. Software Security; Technology Release.
WeSpace does not make any warranties or guarantees about security. It is the Client’s, guest’s and invitee’s responsibility to secure their own personal computer or device with intrusion detection/ prevention software (firewall) and antimalware. In order to utilize the Services provided by WeSpace, it may be necessary to install or run software on your computer or other equipment. Also, from time to time, WeSpace may troubleshoot problems a member may have accessing certain Services such as printing or WiFi. You agree that WeSpace and its representatives are not responsible for any damage to any member’s computer or other equipment related to such technical support or downloading and installation of any software. WeSpace and its affiliates do not assume any liability or warranty in the event that any manufacturer warranties are voided and we do not offer any verbal or written warranty, either express or implied, regarding the success of any technical support.
13. Disclaimers of Warranties.
To the extent permitted by applicable law, WeSpace provides the Services “AS IS” and with all faults, and disclaims with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence, and availability, operation, performance and/or use of Services. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or noninfringement or any implied warranties arising from course of dealing, course of performance or usage in trade.
14. Exclusion of Incidental Consequential and Certain Other Damages.
To the extent permitted by applicable law, in no event will 5 WeSpace or its affiliates, and their past, present and future board members, officers, agents, shareholders, members, representatives, employees, successors and assigns (“WeSpace Parties”), jointly or individually be liable for any direct, special, incidental, exemplary, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use the Services, the provision of or failure to provide Services, or otherwise under or in connection with any provision of these Terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of WeSpace, and even if WeSpace has been advised of the possibility of such damages.
15. Limitation of Liability and Sole Remedy.
To the extent permitted by law, the aggregate monetary liability of the WeSpace Parties to you or your employees, guests, agents or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to WeSpace under the Space Rental Agreement. This is your sole and exclusive remedy for all of the foregoing.
You release, and hereby agree to indemnify and hold harmless WeSpace and WeSpace’s affiliates, and their past, present and future officers, agents, shareholders, members, representatives, employees, advisors, successors and assigns, jointly and individually (collectively, “WeSpace Indemnitees”), from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties (“Claims”) based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services, or breach of any of these Terms by you or your participants, employees, guests or invitees. You further agree that WeSpace will have sole control over the defense of any such Claims. You will not agree to any settlement that requires a material act or admission by any WeSpace Indemnitee, imposes any obligation upon any WeSpace Indemnitee or does not contain a full and unconditional release of the WeSpace Indemnitees, without WeSpace’s written consent. None of the WeSpace Indemnitees will be liable for any settlement made without its prior written consent. In the event that you bring a claim or lawsuit in violation of these Terms, you shall be liable for any attorneys’ fees and costs incurred by WeSpace Indemnitees in connection with the defense of such claim or lawsuit.
17. Unenforceable Provisions; No Waiver.
If any provision of these Terms or any other guidelines, terms or rules that may be posted or provided to you from time to time is determined to be invalid, illegal or unenforceable for any reason, the remaining provisions of these Terms or guidelines, terms or rules will be unaffected and will remain in full force and effect to the extent permitted by applicable law. WeSpace’s delay or failure to enforce any right, for any reason, does not waive our right to enforce it later.
Your rights and obligations under the Space Rental Agreement cannot be assigned or transferred to anyone else without WeSpace’s prior written consent. We may assign or transfer the Space Rental Agreement or any of our rights or obligations under the Space Rental Agreement without notice to you, except as may be required by applicable law.
19. Governing Law, Jurisdiction.
The Space Rental Agreement including these Terms shall in all respects be governed by and construed in accordance with Swiss law without regard to its conflict of laws rules. All disputes arising out of or in connection with the Space Rental Agreement and these Terms, including disputes regarding its conclusion, validity, binding 6 effect, amendment, breach, termination or rescission shall be subject to the exclusive jurisdiction of the state courts being in charge for Zurich in the Canton of Zurich.