YOUR RIGHTS & OBLIGATIONS
Terms of Service
Hello and welcome to Glashaus’s Terms of Service. Please read this Agreement carefully! Our Terms of Service contain important information regarding your legal rights.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Usage of Glashaus
A Glashaus membership does not create a tenancy but constitutes a prepaid usage license to use the provided amenities on a monthly or casual basis.
Description Of Services
Glashaus may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services in a designated area at Glashaus (Level 3), 263, Triq ix-Xatt, GZR 1020, Gzira, Malta (collectively, „Services“). The Services at all times are subject to the Terms and Conditions.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Glashaus’s properties, servers, and employees, or interfere with any other party’s use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Glashaus server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to.
You agree that when participating in or using the Services, you will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information in any connection with Glashaus or its Services.
- Upload, or otherwise make available, file that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- 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; Upload files that contain viruses, Trojan Horses, Worms, time bombs,
candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker.
- Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules).
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
falseidentity for the purpose of misleading others.
Service Duration, Renewals & Terminations
You shall be entitled to the usage of Services on the first day of the term of your contract and you shall yield usage of the Services on the last day of the term of your contract unless otherwise agreed by both parties in writing. At the expiration of the term, you shall remove your goods and effects and peaceably yield up the service resources to Glashaus in as good a condition as when delivered, ordinary wear and tear excepted. By using the Services, you acknowledge that the service and resources provided are in satisfactory and acceptable condition.
The duration of each Service is specified in each contract individually. If not specified, the duration is six (6) months, commencing on the date the contract is entered into. After the first six months, the Services can be terminated by either party by giving one (1) month notice by registered mail or email.
You may terminate your contract by giving a written notice of termination as established in this Agreement. Termination shall be in effect as of the end of that calendar month. Should you not provide timely notice of termination to Glashaus then the contract period shall continue to the end of the following calendar month and the service fees for that calendar month shall be payable.
If not terminated by either party, the contract automatically renews after the end of the contract, while the Glashaus retains the right to adjust the fees. Notwithstanding any other provision of this Agreement, Glashaus may terminate the contract upon one (1) month written notice to you, provided that the premises have been sold or the owner decides to terminate the Agreement.
If you booked a reservation without a contract and decide to cancel the reservation during your stay, regardless of the termination date chosen, you are required to pay Glashaus for the one (1) month following the cancellation date, or up to the end date of your originally booked reservation if the remaining portion of the original reservation is less than 30 days.
The Terms and Conditions must be adhered to at all times. Failure to follow the Agreement can result in non-renewal or even early termination of the usage license. Glashaus reserves the right to terminate any Service at any time, immediately and without notice, if you fail to comply with the Terms and Conditions. This includes non-payment or violation of the space rules. If the Services are terminated by Glashaus because of nonpayment of fees or because of other infringements, the notice period of termination by you is still due to be paid.
Invoicing and Payment
Glashaus customers are automatically invoiced monthly in advance based on their chosen services. Also included is any variable charges such as additional Internet or telephony usage that may have been incurred during the previous period. Payment is required at the beginning of the month for that period, at the date specified in the invoice. Payment for casual usage is either paid on the day of use unless other written arrangements have been made with Glashaus.
Glashaus reserves the right at all times to disclose any information about you and your participation in and use of the Services as [Coworking Space] 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 [Coworking Space] sole discretion.
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Glashaus or any participant of used Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Glashaus, any analyses, compilations, studies or other documents prepared by Glashaus or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates you to:
- Maintain all Confidential Information in strict confidence;
- Not to disclose Confidential Information to any third parties;
- All confidential information remains the sole and exclusive property of Glashaus or the respective disclosing party.
You acknowledge and agree that nothing in this Terms of Service or your participation 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 proprietary rights of Glashaus or any participant or user of the Services.
Participation & Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Glashaus does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Glashaus provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by the applicable law, in no event shall Glashaus or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and and individually be liable for any direct, special, incidental, 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 of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Glashaus, and even if Glashaus has been advised of the possibility of such damages.
Limitation of Liability and Remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Glashaus or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance. The foregoing limitations, exclusions, and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You release, and hereby agree to indemnify, defend and save harmless Glashaus and Glashaus subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties 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. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by Glashaus or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or part of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.