TERMS & CONDITIONS.

Last updated: January 30, 2023

General

By using the Workden (the “Company”, “us”, “we”, or “our”) service (the “Service”), you are indicating that you have read and agreed to these terms and conditions (“Terms”), and you understand, and you consent to be bound by all the terms and conditions of the agreement and privacy policy.

We may revise these Terms from time to time. The changes will not be retroactive and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. 

Use

In order to be able to use the Service, you first need to sign up with Workden, which you can do through the Website. When signing up, you are obligated to provide us with your personal information, email address, mobile telephone number and credit card data (which will be held and processed by our third party payment provider, further details of which are set out in the paragraph below and in our Privacy Policy). Upon successful completion of your sign-up, you will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service. As further described in the Privacy Policy, the Company uses a third-party payment processor (the Payment Processor) to link your credit card account to the Website, Application and Authorized Workspace Providers. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. The Company is not responsible for any errors by the Payment Processor.

You agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the Authorized Workspace Providers (collectively, the Building Owners) relating to the use of a specific Workden Space(s), including compliance with building security procedures, IT access and use procedures provided by the Building Owner.

You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Service. Without limiting the foregoing, for any reservation made through your Account, if other persons are present in the Workden spaces, you do hereby agree to be fully responsible and to indemnify Workden for any violation of these Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons.

If you are using Workden’s services as the owner, manager or representative of a property in which Workden Space(s) are located, you understand and agree that you may only use information concerning individual users of the Workden Space(s) to facilitate a booking or for security purposes.

By using the Service, you agree to follow and adhere to the member etiquette guidelines listed under “Etiquette Guidelines”. We reserve the right to refuse service without refund in the case of failure to comply with these guidelines.

COVID-19 

By using Workden’s services you admit to being aware of and adhering to the current COVID-19 regulations outlined by the government and to answering all Workden employee health and safety questions with honesty. 

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to enter into these Terms. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms.

You may only access the Service using authorized means. By using the Website, Application or the Authorized Workspace Providers, you agree that:

You will only use the Website, Authorized Workspace Providers or Application for lawful purposes.

You will not use the Website, Authorized Workspace Providers or Application for any illegal or inappropriate purposes, including but not limited to skateboarding, roller-skating, roller blading, jumping rope, spitting, smoking, drug use, alcohol abuse, gambling or prostitution, pornography, sexual activity, violent or threatening behavior, or any other purpose reasonably likely to reflect negatively on Workden or any Building Owner.

You will not smoke in the Authorized Workspace Providers.

You will not bring or keep any animals in the Authorized Workspace Providers, except for service or assistance animals, which shall at all times be harnessed, leashed, or tethered, or controlled through voice, signal, or other effective controls.

You will not make excessive noise in the Authorized Workspace Providers, nor create any noise nor conduct any other activity which would in Workden or any Building Owner’s judgment disturb other Workden clients, guests, or other tenants in any building containing a Workden Space.

You will follow all additional regulations regarding the Authorized Workspace Providers, as may be communicated through the Application, Website, posted signs, or otherwise.

You will not use the Website, Application or Authorized Workspace Providers for sending or storing any unlawful material or for fraudulent purposes.

You will not install, remove or modify any fixtures, equipment, machinery or appliances in the Authorized Workspace Providers.

You are responsible for leaving the Authorized Workspace Providers in a clean and tidy condition.

Neither the Company nor any Building Owner is responsible for any property you may leave behind in a Workden Space. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a Workden Space.

You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the Authorized Workspace Providers and items therein during your use thereof.

You may be held liable (and do hereby authorize the Company to charge you) for any items which are taken from the Authorized Workspace Providers.

You will not use the Website, Authorized Workspace Providers or Application to cause nuisance, harassment, annoyance or inconvenience.

You will not impair the proper operation of the network.

You will not try to harm the Website, Authorized Workspace Providers or Application in any way whatsoever.

You will not copy, or distribute the Website, Application or other content without written permission from the Company.

You will only use your password for the Website, Application and Authorized Workspace Providers for your own use and will not resell or transfer it to a third party.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Authorized Workspace Providers.

You will provide the Company and/or the Building Owner with whatever proof of identity we/they may reasonably request.

You acknowledge that photos for marketing purposes may be taken at any Workden Space or event, and consent to the company’s free use of these images.

You will only use an access point or wireless internet connection which you are authorized to use. Additionally, when using the internet within the Authorized Workspace Providers, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.

You will wear clothing appropriate to the building's situation while using the Authorized Workspace Providers.

You do hereby acknowledge that there is a capacity limit as to the number of persons permitted in a Workden Space at any given time, and that such limit may change from time to time. You do hereby agree to adhere to such capacity limits.

You do further acknowledge that your use of the Authorized Workspace Providers does not constitute the Company or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license on these Terms. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the Authorized Workspace Providers in the event of fraud, trespassing, or violation of this Agreement.

Limitation of Liability

To the fullest extent permissible by applicable law, in no event shall Workden or any employee of Workden be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft, or destruction of property.

We are not liable for any circumstance or conditions that may impact your workday or productivity, such as, but not limited to, wind noise, power outages, loss of wifi connection. 

Fitness Classes

By attending a fitness class associated with Workden, you acknowledge that the activities of the group fitness class include strength training, running, agility drills, jumping, intense cardiovascular activities and flexibility training. You understand that incorrect performance of exercises can lead to injury, and commit to ask for assistance for any exercise you are unsure of how to perform safely.	

Acknowledgment is hereby made that the activities of the camp may require you to spend time outside in the heat, as well as inside. You further acknowledge that there are risks involved in participating in the bootcamp. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, my physical condition, equipment, actions of other people including, but not limited to, participants, volunteers, poor nutrition and lack of hydration. In consideration of your being accepted into the program, you agree to release and discharge Workden and any of its employees, volunteers and supervisors, host facility and owners from any injuries sustained by you as a result of participation in this program. You agree to indemnify and hold harmless Workden and any of its employees, volunteers and supervisors, facilities and owners against any liability incurred as a result of such injury or loss. Fitness activities and programs require that you be in good health and have no condition that could endanger my wellbeing through participation. You will notify Workden of any such defects in writing prior to enrolling in this program.

The undersigned agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of yourself.

Payment Terms

Prices are listed in CAD. Any fees which the Company may charge you for the use of the Website, Application or Authorized Workspace Providers, at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Website, Application or Authorized Workspace Providers either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. You do hereby agree that you shall be charged fees based on the usage plan selected by you. Monthly memberships are renewed every month on the date of original purchase, unless cancelled before this date. 

Cancellation Policy

All reservations must be cancelled 12 hours before your booked day begins for a full refund. If your plans change after this point, you will be charged the agreed rate. 

Third Party Interactions

During use of the Website, Application and Authorized Workspace Providers, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website, Application or Authorized Workspace Providers. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Website, Authorized Workspace Providers or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Website, Application and Authorized Workspace Providers to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Questions

If you have any questions regarding these Terms, please contact us at ALLO@workden.app.

Privacy Policy

Workden collects certain information through our website and/or our mobile applications, other platforms that connect to our website and/or mobile applications, and the products and services provided at our website and/or mobile applications, all as now existing or as may exist in the future (the “Platform”). This page (this “Privacy Policy”) lays out our policies and procedures surrounding the collection and handling of any information that can be directly associated with an individual, whether or not they create an account on the Platform, and includes personal information such as names, addresses, telephone numbers, email addresses, etc. (“Personal Information”).

This Privacy Policy applies only to our Platform. It does not apply to any third party site or service linked to our Platform or recommended or referred by our Platform, through our products or services, or by our staff. This Privacy Policy does not apply to any other website, product, or service operated by our company, or to any of our offline activities. 

Personal Information We Collect

We collect the following information provided from users or through user’s use of the Platform: name, e-mail address, telephone number, and credit card information. As such, you should be aware that if a client of ours customizes information collected by the Platform, we will collect and store that information as well. 

Non-personal Information We May Collect

We may also collect information about your device type, browser, usage behavior, IP address, websites from which you came to the Platform, or websites to which you depart from the Platform. 

Credit Card Information

We outsource processing of credit card transactions to Stripe. We securely transmit your credit card information to Stripe (our payment processor). Stripe, however, does store this information. Stripe maintains that it is PCI compliant. We also store the last four digits of your credit card and the brand of the credit card. We also request your phone number and email address when you contribute so that we can reach you should further verification of your credit card information be required. Stripe uses Personal Information, including credit card information, you provide. Please visit Stripe’s privacy policy for information regarding Stripe’s collection, use, and transfer of Personal Information, currently available at stripe.com/us/privacy. Please see Stripe’s security policy for additional information regarding Stripe’s security measures, currently available at stripe.com/help/security.

We request your phone number and email address when you sign on so that we can reach you should further verification of your credit card information be required. Other than the last four digits of your credit card and the brand of the credit card, Workden does not store, process, or transmit any other cardholder data in electronic format and is in compliance with SAQ A data security standards issued by the Payment Card Industry Security Standards Council. 

Cookies and Similar Technologies

We use “cookies” to collect certain information from all users, including Platform visitors who complete any transaction through our Platform. A cookie is a string of data our Platform sends to your computer and then uses to identify your computer when you return to our Platform. Cookies give us usage data, such as how often you visit, where you go at the site, and what you do. We may publish such data and statistics or share such data and statistics with third parties. Please note:

We may also use cookies to collect email addresses of any user who visits the Platform AND we may transfer such information to third parties.

Our clients may independently set up cookies on products or services provided by our Platform, which may track any information that they desire to collect.

We also may transfer cookies and any information collected by such cookies to third parties in accordance with this Privacy Policy.

We may use third party analytics services that provide us information concerning your use of and interaction with the Platform. Such services include Google Analytics, MixPanel, etc.

‍Please note: You can set your web browser to refuse cookies. You can also set your browser to indicate when a cookie is being sent. The Platform may not function properly if you’ve set your browser to refuse cookies. 

IP Addresses and Log Information

We log IP addresses, which are the locations of computers or networks on the Internet, and analyze them for systems administration and troubleshooting purposes. We also aggregate the number of page hits on the Platform in order to track the popularity of certain pages and improve the quality of the Platform. 

Protection of Personal Information

We employ the industry standard data security tools to protect Personal Information. Unfortunately, even with these measures, we cannot guarantee the security of Personal Information. By using our Platform, you acknowledge and agree that (i) we make no guarantee as to the safety and security of your Personal Information and (ii) you use our Platform at your own risk. 

Sharing of information

Should you elect to use our Platform, we will have access to any information you provide, such as your name, address, email address, and telephone number. Without limiting any of the foregoing, please note the following:

We may analyze this information for the purpose of improving our services.

We may share non-personally identifiable information publicly, with our partners, and for any reason consistent with this Privacy Policy.

By providing your Personal Information, you are granting us the right to store and use the information in any way that does not violate any laws or regulations.

We also may disclose information, including Personal Information, to attorneys, collection agencies, or law enforcement authorities to address potential usage or contract violations, or illegal behavior.

We disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.

We may share Personal Information in connection with a corporate transaction, such as a merger or sale of our company, or a sale of all or substantially all of our assets or of the product or service line you received from us, or a bankruptcy.

As noted above, we compile Platform usage statistics from data collected through cookies, which we may publish or share with third parties.

Our Platform may link to third-party sites and third party sites may embed our Platform, or otherwise link to our Platform. When using third-party sites (for example, calendar booking sites), you should review the privacy policies of such third-party sites to understand how they collect and use Personal Information. 

Information of Children

We understand the importance of protecting children’s privacy online. The Platform is not for use by children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.  All minors must be accompanied by an adult at all times while on the premises. 

Amendment of this Privacy Policy

We may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date. 

Agreement with Privacy Policy

In the case that you do not agree with the way we use your information or the way that a Third Party uses your information, or any term or provision of this Privacy Policy, as now existing or as amended in the future, you may simply stop using the Platform.

‍If you have any questions concerning this Privacy Policy, please contact us at allo@workden.app.