Terms and Conditions
General Terms and Conditions
TERMS AND CONDITIONS (T&C)
- You acknowledge and agree that the Service Provider reserve the right, from time to time, to make modification, deletions or additions to this T&C.
- By selecting the Service Provider’s Membership Plans (as herein defined), you agree and consent that this T&C constitutes an agreement between you and the Service Provider.
- All terms and references used in this T&C and which are defined and construed in your Membership Plans respectively but are not defined or construed in this T&C shall have the same meaning and construction as per your Membership Plans.
1 IDENTIFICATION & AUTHORIZATION You warrant and represent that your Personal Details and Contact Details in relation to your identity is accurate, precise and complete; and agree, if upon any request at any time by the Service Provider, to present a valid, government-issued photo identification for verification purposes. You agree that, in any event you are the authorized representative of an individual, agent, sole proprietor, company, or entity; you have obtained the lawful authority via written authorization or consent from such individual, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to the Service Provider.
2 SERVICES Following your Membership Plan, you will be accorded enjoyment of services subject to these T&C. You agree that references to “Services” means you access and use of space (“Space”) at the Center. Your choices of Membership Plans are as follows:
(i) Lite Membership Plan; or (ii) Hot Desk Plan : a flexible choice of any available working desk space in an open area shared with other members at the Center; or (iii) Full Membership Plan- Dedicated Desk membership plan: an assigned desk space in an open area shared with other members at the Center; or (iv) Meeting Rooms and Event Space Plan; or (v) Day Passes Plan.
Following your choice of plans, you will be provided Membership Benefits of which the Service Provider may at its absolute discretion consider necessary to provide to you.
3 USAGE OF SERVICES & ADDITIONAL SERVICES
(a) You agree to observe, adhere and comply strictly with this T&C, including all warranties, representations, instructions, whether express or implied and the terms of Privacy Notice and Rules of Regulations of the Service Provider.
(b) You agree to observe, adhere and comply strictly with house rules governing your expected behaviour at the Center (“House Rules”). The House Rules is available for inspection at the Center and you acknowledge and agree that the House Rules may be revised from time to time. In general, you agree to not perform or cause to perform, do or cause to do any act that is or potentially will be disruptive, damaging or dangerous to the Service Provider, other members of the Service Provider, agents, guests, or any parties of the foregoing. (c) You agree that there are some Services which may be subjected to additional guidelines, terms, conditions and/or rules, which will otherwise be communicated via any reasonable means by the Service Provider to you.
(II) Availability (a) The Service Provider will use commercially reasonable efforts to provide you the Services and the Membership Benefits to you from time to time during the Term. (b) You understand that if you are unable to peruse the Services due to any reasons whatsoever including i) construction and/or renovation plans, ii) difficulty in procuring any permits or permission necessary, or iii) any disruptions, delays, emergency and/or any unforeseen events, you cannot challenge the validity of this T&C and/or make any request, claim or demand against the Service Provider for compensation or any other demand.
(III) Modification (a) You acknowledge and agree that the Service Provider reserves its sole and absolute discretion to change, modify, amend, delete, add, and/or update any and all terms of Services, the Membership Plans, and the Membership Benefits including fee rates, payment method, payment obligations at any time, from time to time; and such changes, modifications, amendments, deletion, addition and/or updates will be duly communicated to you via any reasonable means at the discretion of the Service Provider and such changes, modifications, amendments, deletion, addition and/or updates shall take effect immediately upon such notice.
(IV) Accessibility (a) The Services are accessible during hours as stated in your Membership Plan. (b) You acknowledge and agree that the Service Provider reserves the right to regularly record video of areas of the Center, at all time including Regular Business Hours for security purposes.
4 DEPOSIT (a) You may be required to pay a refundable Deposit of amount as stated in your Membership Plan (“Membership Deposit”). (b) You shall be refunded the Membership Deposit upon expiry of the Term except for circumstances in subsection (c) below. (c) You acknowledge and agree that this Membership Deposit shall without prejudice to the Service Provider’s other rights in law, be forfeited to the Service Provider in the event: (i) of any late or non-payment of Membership Fee (as herein defined); (ii) of theft, damage or loss of any Access Device; (iii) usage of the Access Device is not in line with this T&C; (iv) of damage or loss of any furniture, fixtures and fittings at the Center; or (v) of this T&C being terminated for any reasons whatsoever not due to the fault of the Service Provider including to a breach of any warranty or representations set forth in this T&C and any material and immaterial breach of terms and conditions of the Rules & Regulations and/or House Rules as may be determined from time to time by the Service Provider
5 MEMBERSHIP FEES (a) During the Term of your Membership Plan, you are required to pay to the Service Provider your recurring and/or non-recurring Membership Fee stipulated in your Membership Plan and (if applicable) any additional fee, subject to any relevant GST charges (if applicable) on the 1st Business Day of each month. (b) You must conclude payment for subsection (d) not later a grace period of seven (7) Business days after the 1st Business Day of each month, failure which, your Membership Plan will be terminated. (c) All Membership Fee are non-refundable for any reason whatsoever. (d) All Fees must be paid in the currency of Ringgit Malaysia or in other currency as may be agreed by the Service Provider. (e) For avoidance of doubt, you acknowledge that all payment to the Service Provider is subject to GST charges applicable from time to time.
6 TERM This T&C will be effective starting from the Start Date and shall remain valid and legally enforceable throughout the term of your Membership Plan unless terminated in accordance to this T&C (“Term”). If you wish to extend your Term of your Membership Plan, you must provide at least one (1) month written notice to the Service Provider.
7 DEFAULT & TERMINATION This T&C is an agreement and shall continue in force and effect until and unless otherwise terminated by either parties according to this T&C.
8 DEFAULT Default will occur in the event of: (a) any breach on payment of Consideration as per clause 4 above; or (b) you failing, or if the Service Provider suspects for any reason whatsoever, that you fail to observe and comply with any of the provisions of this T&C; or (c) any reasons whatsoever not due to the fault of the Service Provider including to a breach of any warranty or representations set forth in this T&C and any material and immaterial breach of terms and conditions of the Rules & Regulations and/or House Rules as may be determined from time to time by the Service Provider; or (d) any breach of oral representations mutually agreed by the parties (if any), or (e) for any reason whatsoever attributable to you which is deemed not in the best commercial interest by the Service Provider, the Service Provider will then be given an option to terminate your Membership Plan, and/or restrict your access into the Center and/or discontinue your Membership and/or decline to provide any Services or Membership Benefits to you.
9 PARTIES’ OBLIGATIONS POST- TERMINATION/EXPIRY Upon Termination or expiry of this T&C (whichever earlier), (a) You agree that no payment in whatsoever amount is refundable and the Service Provider may exercise their rights and obligations to collect any Fee owing; and (b) You shall return all properties of the Service Provider, including all Access Device(s) (if any); and (c) You shall remove all the Member’s property, and (if any) your Affiliates’ (as herein defined) property at the Center, including locker rooms, cupboards, drawers at the Center; and upon reasonable notice, the Service Provider reserves the right to dispose of any property remaining at the Center.
10 INDEMNITY Without prejudice to any other rights and remedies which the Service Provider may have under this T&C and in law, you and your employers, employees, agents, independent contractors, sole proprietor, assignees, invitees, guests, affiliates; and in the event you are a Company, your parent holding company and subsidiaries of the parent company, its subsidiaries, directors, shareholders, employers, employees, agents, independent contractors, sole proprietor, assignees, affiliates (“Affiliates”) undertake to indemnify and hold harmless WORQ on full cost basis against all and any claims, liabilities, suits, litigation, proceedings, prosecutions, fines, penalties, damages, deficiencies, losses, costs, and expenses, special, incidental, exemplary, punitive or monetary damages, loss of profits, expectation or reliance loss, which may be brought, instituted or imposed, direct and indirect regardless on the form of action, whether in contract, tort, specific performance or otherwise (collectively hereinafter “Cause of Action”) on WORQ or which may be suffered or sustained by WORQ as a result or in connection to any breach of any warranties, representations and agreements made by you herein. You undertake to indemnify and hold harmless of WORQ against all and any Causes of Action initiated from the usage of the Services including but not limited to physical damages on the property, physical injuries, food poisoning, loss or theft of intellectual property, loss or damage of data from electricity outage, door access problems, software, non-functioning or air-conditioner and non- functioning of lights. You agree to indemnify WORQ against any damage, liability, loss, cost and expenses incurred by any persons, guests or strangers who was brought into the Center by you and you shall not provide any authorization, consent, instructions, undertaking or settlement that requires a material act or admission by WORQ without prior written consent of an authorised personnel of WORQ; and you hereby indemnify and hold harmless WORQ against such authorization, consent, instruction, undertaking or settlement.
11 DISCLAIMER Services are provided at a “as is where is” basis and WORQ disclaim all conditions and warranties, express and/or implied, with respect to (a) Services, including but not limited to representations, by any means, as to the availability, accessibility, operation, performance of Services, or any other products or services accessed via the Services; (b) commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement, any implied terms and warranties of Services; and (c) indemnification arising from course of dealing, course of performance or trade in connection with this T&C.
12 PERSONAL DATA PROTECTION ACT (“PDPA”) The Service Provider will process and may disclose personal data including sensitive personal data (as defined in PDPA) relating to you and your Affiliates, and you consent to the processing and disclosure of such data. You agree to keep the Service Provider informed of any changes to the data at all material times. In any event, should such necessity arises to obtaining consent, authorization or permission of any of your Affiliates in relation to processing and disclosure of personal data including sensitive personal data (as defined in PDPA), such consent, authorization or permission is deemed to have been obtained by you unless communicated otherwise to the Service Provider.
13 CONFIDENTIALITY You shall also keep confidential and not disclose or make use of any part of the Service Provider’s Intellectual Property Rights or the Service Provider’s Know-How or any other confidential information relating to the Services provided by the Service Provider (except to the extent that the Service Provider’s Know-How or any part thereof has come into the public domain otherwise than through unauthorised disclosure by you). “Intellectual Property Rights” means all applicable rights, title, interests and benefits thereto including, without limitation, patents, copyrights, trademarks, trade secrets, trade name, logo, patent, invention, registered and unregistered design rights, copyrights, database, database rights and all other similar intellectual property rights including, without limitation, all copies, customisation, modifications, enhancements, versions, reproductions or translations of WORQ. “Know-How” means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, test, results, procedures, project reports and testing procedures, instructions, training manual, market forecast, and list of particulars of potential competitors, suppliers and members.
14 CONTACT The Service Provider can be contacted at Unit 3A.01a, Floor 3a, Glo Damansara, No. 699 Jalan Damansara, 60000 Kuala Lumpur, Malaysia
15 NATURE OF T&C Nothing in this T&C shall be construed as creating a landlord-tenant, lessor-lessee or partnership. Nothing in this T&C shall be construed as granting to you or your Affiliates any title, easement, lien, possession or related rights, tenancy interest, leasehold estate or any property interest at the Center, Space or Services and the parties agree throughout the Term and upon termination of expiration of this T&C, whichever later, the Space always remain the property of the Service Provider.
16 SUCCESSORS & ASSIGNS This T&C shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title, permitted assigns or affiliates, as the case may be, of the parties but shall not be assignable by any party without the prior written consent of the other.
17 Variation A variation of this T&C must be in writing and signed by the Service Provider or by persons authorised to sign for them.
18 Amendments & additions No amendment, variation, revocation, cancellation, substitution or waiver of, or addition or supplement to, any of the provisions of this T&C shall be effective unless it is consented in writing by the Service Provider.
19 Invalidity & severability If any provision of this T&C is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then- (a) such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability; (b) the remaining provisions of this T&C shall remain in full force and effect; and (c) the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
20 Waiver A party waives any right under this T&C only if it does so in writing. A party does not waive any right simply because it – (a) fails to exercise the right; (b) delays exercising the right; or (c) only exercises part of the right. A waiver of one breach of a term of this T&C does not operate as a waiver of another breach of the same term or any other term.
21 Further action Each party must promptly sign any document and do anything else that is necessary or reasonably requested by the other party to give full effect to this T&C.
22 Knowledge & acquiescence Knowledge or acquiescence by any party of, or in, any breach of any of the provisions of this T&C shall not operate as, or be deemed to be, a waiver of such provisions and, notwithstanding such knowledge or acquiescence, such party shall remain entitled to exercise its rights and remedies under this T&C, and at law, and to require strict performance of all of the provisions of this T&C.
23 Law This T&C is governed by, and construed in accordance with, the laws of Malaysia.
1.0 General 1.1 At WORQ, we value your privacy and strive to protect your personal information in compliance with the laws of Malaysia. WORQ will only collect and use your personal information in accordance with such laws (including the Personal Data Protection Act 2010), this Privacy Notice and/or the privacy terms in any agreement(s) that you may have or will enter into with WORQ. This Privacy Notice explains: a. What kind of personal information we collect and how we collect it; b. How we use your personal information; c. The parties that we disclose the personal information to; and d. The choices we offer, including how to access and update your personal information.
For the purposes of this Privacy Notice, please note that: a. “Personal information” refers to any information which relates directly or indirectly to you and/or your transactions with us. This information includes your name, address, occupation, contact details, the details of your account(s), the type of products and/or services subscribed to and such other necessary information regarding yourself and your transaction(s) with us. For the avoidance of doubt, please note that this Privacy Notice is applicable only if you are an individual. b. “WORQ” refers to the Service Provider or WORQ or Incompleteness Theorem Sdn Bhd (Company No: 1153116-M), a company incorporated in Malaysia having registered and business address at registered address at 53, Jalan SS15/4, 47500 Subang Jaya, Selangor and business address at Unit 3A.01a, Floor 3a, Glo Damansara, No. 699 Jalan Damansara, 60000 Kuala Lumpur, Malaysia; 1.2 By providing to us your personal information, you hereby consent to the processing of your personal information in accordance with this Privacy Notice. 1.3 If you are a corporation supplying personal information of your directors, shareholders and/or officers to us, please do ensure that you have duly obtained their consent and bring this Privacy Notice to the attention of your directors, shareholders and/or officers whose personal information you are supplying/have been supplied to us.
2.0 What Kind Of Personal Information We Collect And How We Collect It: 2.1 In order to enable us to deal with your inquiries, open and operate an account/facility for you and/or to generally provide you with our products and services, we may need to and/or may be required to collect, record, hold, use, disclose and store (i.e. “process”) personal information and financial information about you, including but not limited to personal information: a. to establish your personal identification and background; b. to establish your financial standing and creditworthiness (where required); and/or c. that you provide when you apply for any of our products and services. 2.2 We may obtain this information from yourself and from a variety of sources, including but not limited to: a. through your relationship with us, for example information provided by you in application forms, when signing the Membership Agreement, when using our products or services, when taking part in WORQ’s customer surveys, competitions and promotions, and during financial reviews; b. through your verbal and written communications with us and/or our authorised agents; c. through any videos collected by us and/or our authorised agents; d. from third parties connected with you, such as employers, joint account holders, guarantors, subject to your prior consent; e. from an analysis of the way you use and manage your account(s)/facility(ies) with us, from the transactions you make and from the payments which are made to/from your account(s)/facility(ies); f. from any interactions between WORQ co-working space members through community platforms including but not limited to notice board, social media, WORQ’s Facebook, WORQ’s instagram, WORQ online forums and chat applications, WORQ’s shared internet access; and/or g. from such other sources in respect of which you have given your consent to disclose information relating to you and/or where not otherwise restricted.
3.0 How We Use Your Personal Information
3.1 Other than as stated above, we may use your personal information for one or more of the following purposes: a. to assess your application(s) for our products and services; b. to verify your financial standing through credit reference checks; c. to manage and maintain your account(s) and facility(ies) with us; d. to manage our business and your relationship with us; e. to better understand your current and future financial needs and your financial situation; f. to provide you with information on our and 3rd party products, services and offers which may be of interest to you; g. to improve our products and services and to develop new products and services; h. to notify you about benefits and changes to the features of products and services; i. to administer offers, competitions and promotions; j. to respond to your enquiries and complaints; k. to improve the quality, efficiency and utilization of WORQ’s services; l. to update, consolidate and improve the accuracy of our records; m. to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual; n. to conduct research for analytical purposes including but not limited to data mining and analysis of your transactions with us; o. to meet the disclosure requirements of any law binding on WORQ; p. for audit, compliance and risk management purposes; q. to assess financial and insurance risks; r. to transfer or assign our rights, interests and obligations under any of your agreement(s) with us; s. to protect or enforce our rights to recover any debt owing to us; t. for crime detection, prevention and prosecution; and/or u. for any other purpose that is required or permitted by any law, regulations and/or guidelines.
4.0 Disclosure Of Your Personal Information 4.1 As a part of providing you with our products and services and the management and/or operation of the same, we may disclose your personal information (to the extent necessary) to the following third parties: a. companies and/or organisations that act as our strategic partners, agents, professional advisers and/or any other parties that we may have business or dealings with; b. companies and/or organisations that assist us in processing and/or otherwise fulfilling transactions that you have requested; c. companies and/or organisations that assist us in providing value added services that you have requested; d. your advisers (including but not limited to accountants, valuers, adjustors, auditors, lawyers, financial advisers or other professional advisers) where authorised by you; e. any person notified by you as authorised to give instructions or to use the account(s)/facility(ies) or products or services on your behalf; and/or f. any third party as a result of any restructuring of facilities granted to you or the sale of debts, or the acquisition or sale of any company by WORQ, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; g. any guarantors of security providers for the facility(ies) granted by us to you; h. any person intending to settle any moneys outstanding under the facility(ies) granted by us to you; i. any rating agency, insurer or insurance broker or direct or indirect provider of credit protection; j. any financial institutions, merchants, VISA International Services Association, MasterCard International Incorporated and other card associations in relation to any credit card and/or debit card issued to you; and/or k. any person connected to the enforcement or preservation of any of our rights under your agreement(s) with us, 4.2 All parties mentioned in the clause above may in turn disclose your personal information to companies within their group of companies, their affiliates and directors, shareholders, employees of such companies and affiliates, their professional advisers, service providers, strategic partners, regulators and other parties on a “need to know basis” who or which may have business or dealings with them. 4.3 The above shall be subject at all times to any laws (including regulations, standards. guidelines and/or obligations) applicable to the WORQ (whether in or outside Malaysia).
5.0 Disclosure for Marketing Purposes 5.1 Additionally, the individual entities within WORQ may contact you about services and offers, which we believe may be of interest to you or benefit you financially. 5.2 You may tell us at any time if you do not wish to receive marketing communications from us, from individual entities at WORQ by writing to us. Your latest written instructions to us will prevail. 5.3 As for our third party merchants or strategic partners, we will only contact you for marketing purposes of their services/products if you opt-in to receive the same from us by completing the consent form available at the servicing branch.
6.0 When Do We Disclose 6.1 Save as set out above, we will otherwise treat your personal information as private and confidential and will not disclose your information to anyone except in any of the following situations: a. where you have given permission; b. where we are required or permitted to do so by law; c. where required or authorised by any order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over WORQ; d. where we may transfer rights and obligations under this agreement; and/or e. where we are required to meet our obligations to any relevant regulatory authority.
7.0 What If Personal Information Provided By You Is Incomplete? 7.1 Where indicated, it is obligatory to provide your personal information to us to enable us to process your application for our products or services. Should you decline to provide such obligatory personal information, we may not be able to process your application/request or provide you with our products or services. 7.2 You need to update us if there are any changes in your personal data otherwise the latest personal data collected from you shall be applicable. 8.0 Your Rights To Access And Correct Your Personal Information 8.1 We can assist you to access and correct your personal information provided to us. a. You may have access to your personal information by making a request via the access request form available at the Center or any of our branches, subject to payment of the relevant processing fee (if applicable). We will use reasonable efforts to provide you with a copy of the requested personal information within 21 days of receiving your duly completed Access Request Form and the processing fee. b. Please note that WORQ may have to withhold access to your personal information in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the event we receive repeated requests for the same information. Nevertheless, we will notify you of the reasons for not being able to accede to your request. c. Where your data access request is successful and you are of the opinion that such personal information held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request to correct such personal information. d. You can also assist us to keep your personal information (such as your current mailing address) up to date, as it will enable us to serve you better. e. In the event you wish to correct / update your personal information previously provided to us, please write in or notify us at the address provided below. We will use reasonable efforts to comply with your request to correct your personal information within 21 days of receiving your written request. f. Please note that WORQ may use its discretion in allowing the correction / update requested or may require further documentary evidence of the new information to avoid fraud and inaccuracy.
9.0 Exercising Your Choices In Respect Of The Disclosure And Use Of Your Personal Information 9.1 Subject always to our contractual rights and obligations under relevant laws and regulations; you may exercise your choice in respect of the disclosure, retention and use of your personal information in respect of WORQ. Should you wish to do so, kindly contact us at: Address: Unit 3A.01a, Floor 3a, Glo Damansara, No. 699 Jalan Damansara, 60000 Kuala Lumpur, Malaysia Tel: +6010 900 6704 Email: firstname.lastname@example.org
10.0 Enquiries Or Complaints 10.1 Should you have any query, concerns or complaints in relation to this Privacy Notice or how we handle your personal information, kindly contact any of the abovenamed persons.
11.0 Amendment 11.1 This notice may be amended by us by giving the requisite notice in order to comply with regulatory requirements.
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