TERMS AND CONDITIONS
Please read these terms of use (“agreement” or “terms and conditions”) carefully before using the website and services offered by KODESKA. This agreement sets forth the legally binding terms and conditions for your use of the website at https://www.KODESKA.com (the “site”) and all services provided by KODESKA on the site.
A reference to “we”, “us”, “our” or “KODESKA” in these Terms is to Kodeska Ltd, a Limited Company registered at Companies House, United Kingdom with company number 14359724. The company is registered at 37 Queen Street, C01 2PQ, UK
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
KODESKA Marketplace is a Venue
KODESKA acts as a venue to allow users, who comply with KODESKA policies to offer, hire and rent certain workspaces with a fixed-price format. KODESKA is not directly involved in the transactions between renters and providers. As a result, KODESKA has no control over the quality, safety, morality or legality of any aspect of the workspaces listed, the truth or accuracy of the listings, the ability of providers to hire workspaces or the ability of the renters to pay for workspaces.
KODESKA does not pre-screen users or the content or information provided by users. KODESKA cannot ensure that a renter or provider will actually complete a transaction.
KODESKA cannot guarantee the true identity, age, and nationality of a user.
You agree that KODESKA is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, workspaces, and links posted by you, other users, or outside parties on KODESKA. You use the KODESKA Marketplace service at your own risk.
Membership Eligibility
Age: KODESKA services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. KODESKA may, in its sole discretion, refuse to offer access to or use the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use KODESKA services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by KODESKA policies as stated in the Agreement and the KODESKA policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by KODESKA, each of which is incorporated herein by reference and each of which may be updated by KODESKA time to time without notice to you.
In addition KODESKA may subject to additional terms and conditions promulgate some services offered through the Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify KODESKA of any unauthorised use of your password or any breach of security. You also agree that KODESKA cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than KODESKA with KODESKA express written permission.
Account information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To hire workspaces on KODESKA you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or hire your KODESKA account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement.
Right to Refuse Service: KODESKA services are not available to temporarily or indefinitely suspend KODESKA members. KODESKA reserves the right, in KODESKA sole discretion, to cancel unconfirmed or inactive accounts. KODESKA Marketplace reserves the right to refuse service to anyone, for any reason, at any time.
Termination of Service: If the user wishes to terminate their package, notice should be given via email or in writing before the end of the month.
Fees and Billing:
You are responsible for paying all fees and applicable taxes associated with using KODESKA. KODESKA provides both direct debit and manual bill payment.
The website is free to join. We do not charge buyers any fees of sorts in any purchase carried out on this website.
We do not charge providers for listing items on this website. However, there will be fees for completed transactions that the provider must take note of. The fees typically are a 15% commission charge for every transaction but we reserve the right to change this at any time.
In addition, the third party payment providers, such as Paypal, Skrill and Stripe may charge their own fees.
Listing and Hiring:
Listing Description: By listing a workspace on the Site you warrant that you and all aspects of the workspace comply with KODESKA published policies. You also warrant that you may legally hire the workspace. You must accurately describe your workspace and all terms of rental in your KODESKA shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the rental of that workspace. All workspaces must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the workspace/workspaces for rental in that listing. Each unique workspace must have its own listing.
Workspace Policies: All providers are urged to outline policies for their workspace provision. These policies may include, for example cancellation, payment, rebooking and hiring policies. Providers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with KODESKA site-wide policies. Providers are responsible for enforcing their own reasonable workspace policies. KODESKA reserves the right to request that a provider modify a workspace policy.
Binding Rental: All rentals are binding. The provider is obligated to complete the transaction with the renter in a prompt manner, unless there is an exceptional circumstance, such as: (a) the renter fails to meet the terms of the provider’s listing (such as payment method), or (b) the provider cannot authenticate the renter’s identity. The renter is obligated to deliver appropriate payment for workspaces purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each workspace listing description must be an accurate representation of the rental. You may not alter the workspace’s price after a rental for the purpose of avoiding KODESKA transaction fees, misrepresent the workspace’s location, or use another user’s account without permission.
Prohibited, Questionable and Infringing Workspaces and Activities:
You are solely responsible for your conduct and activities on and regarding to KODESKA and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, workspaces and links (together, “Content”) that you submit, post, and display on KODESKA.
Restricted Activities: Your Content and your use of KODESKA shall not:
- be false, inaccurate or misleading
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, KODESKA Copyright Policy).
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including KODESKA staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Contain obscene materials or content. KODESKA will notify of obscene material and information details of its source to external law and policing agencies.
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack KODESKA or modify any other website so as to falsely imply that it is associated with KODESKA;
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on KODESKA.
Furthermore, you must not list any workspace on KODESKA (or conclude any transaction that was initiated using KODESKA service) that, by paying KODESKA the listing fee or final value fee, could cause KODESKA to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
Content:
License: KODESKA does not claim ownership rights to your Content. You grant KODESKA a license solely to enable KODESKA to use any information or Content you supply KODESKA with, so that KODESKA is not violating any rights you might in that Content. You grant KODESKA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow KODESKA to store or re-format your Content on KODESKA and display your Content on KODESKA in any way as KODESKA chooses. KODESKA will only use personal information in accordance with KODESKA’ Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another KODESKA user. Without obtaining prior permission for KODESKA related communications, KODESKA has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any KODESKA user to your email or physical mail list. For more information, see KODESKA Privacy Policy.
Re-posting Content: By posting Content on KODESKA, it is possible for an outside website or a third party to re-post that Content. You agree to hold KODESKA harmless for any dispute concerning this use. If you choose to display your own KODESKA hosted image on another website, the image must provide a link back to its listing page on KODESKA
Idea Submissions: KODESKA considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible workspaces sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and KODESKA shall not be liable for the disclosure or use of such Material. If, at KODESKA request, any member sends Material to improve the site (for exam through customer support), KODESKA will also consider that Material to be non-confidential and non-proprietary and KODESKA is subject to this Agreement. You hereby grant and agree to grant KODESKA, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse of you.
Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. KODESKA reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of KODESKA violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
- KODESKA and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- KODESKA and its affiliates / developer and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
Information Control:
KODESKA does not control the Content provided by users that is made available on KODESKA. You may find some Content offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using KODESKA, you agree to accept such risks and that KODESKA (and KODESKA Marketplace’s officers, directors, agents, subsidiaries, joint ventures and employees) it not responsible for any and all acts or omissions of users on KODESKA. Please use caution, common sense, and practice safe renting and hireing when using KODESKA.
Interactions with Other Users: Users are solely responsible for interactions with others. Users understand that KODESKA does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Resolution of Disputes and Release:
In the event of a dispute arises between you and KODESKA, please contact KODESKA.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release KODESKA (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
KODESKA, for the benefit of users, may try to help users resolve disputes. KODESKA does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that KODESKA attempts to resolve a dispute it will do so in good faith based solely on its policies. KODESKA will not make judgments regarding legal issues or claims and PayPal will ultimately determine all disputes related to transactions.
KODESKA Marketplace’s Intellectual Property:
KODESKA, and other KODESKA graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of KODESKA Group plc and its subsidiaries. KODESKA trademarks and trade dress may not be used, including as part of trademarks and/or part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Breach:
Without limiting any other remedies, KODESKA may, without notice, and without refunding any fees, delay or immediately remove Content, warn KODESKA community of a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
KODESKA suspects a user has breached this Agreement, the Privacy Policy, The Dos & Don’ts of KODESKA, or other policy documents and community guidelines incorporated herein. KODESKA is unable to verify or authenticate any of your personal information or Content. KODESKA believes that a user is acting inconsistently with the letter or spirit of KODESKA policies, has engaged in improper or fraudulent activity in connection with KODESKA or the actions may cause legal liability or financial loss to KODESKA users or to KODESKA.
Privacy
Except as provided in KODESKA Privacy Policy, KODESKA will not hire or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
NO WARRANTY
KODESKA, officers, directors, employees, and suppliers provide KODESKA marketplace’s web site and services “as is” and without any warranty or condition, express, implied or statutory. KODESKA, it’s officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from KODESKA shall create any warranty.
Liability limit
In no event shall KODESKA, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, KODESKA services, or this agreement, including without limitation, lost profits bodily injury, emotional distress, or any special, incidental or consequential damages.
KODESKA liability, and (as applicable) the liability of KODESKA officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to KODESKA marketplace in the 12 months prior to the action giving rise to liability.
Indemnity
You agree to indemnify and hold KODESKA and (as applicable) KODESKA parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
NO GUARANTEE
KODESKA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside KODESKA control.
LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any KODESKA service and, if applicable, your listing, hire, solicitation of offers to hire, and rental of workspaces. In addition, you shall be responsible for paying any and all taxes applicable to any hire or rentals of workspaces you make on the Site.
SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
NO AGENCY
You and KODESKA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
KODESKA MARKETPLACE SERVICE
KODESKA reserves the right to modify or terminate the KODESKA service for any reason, without notice, at anytime.
CHOICE OF LAW
This agreement shall in all respects be interpreted and governed by the laws of England.
SURVIVAL
Sections KODESKA Is A Venue, Membership Eligibility, Fees And Billing, Listing and Hireing, Prohibited, Questionable And Infringing Workspaces And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, KODESKA Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, KODESKA Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
