Monthly Membership Terms and Conditions

Terms & Conditions

The following Terms & Conditions apply to any membership agreement or service agreement between involved parties: Zoku Amsterdam B.V (hereafter referred as “Zoku”), the person or organization signing-up for a membership and all guests staying and/or working at Zoku Amsterdam.

As per Dutch law, it is not allowed to smoke inside the building.

Zoku cannot be held liable for direct or indirect damage as a consequence of the client’s use of the Zoku Lofts and public areas, including and without limitation, damages, and losses because of fire, robbery or criminal behavior.

Zoku cannot be held liable for injury to a person, loss of, or damage to any property of any person staying/visiting Zoku.

Zoku cannot be held liable for any damages caused by third parties.

The person signing up for a membership is responsible for any direct or indirect damage of the public areas and loss of any of its contents due to the members direct/indirect behavior.

We expect everyone staying and/or working at Zoku to take all reasonable care of Zoku property. Please report any damage, loss or improper cleanliness, as we want to fix it as soon as possible to make you feel right at home. In addition, this will prevent you from being held responsible for any damage or loss during or after your day.

Your personal details are safe with us. We will remember your details for when you come back. In no circumstance will any of the systems used by Zoku store credit card details.

In any case when false or misleading personal information is deliberately provided, Zoku reserves the right to cancel the membership and hold the client responsible for any costs that may arise due to the false or misleading provision of information.

Applying for a monthly membership

Once we have received your online application we will get back to you within 3 working days.

Start of your monthly membership

Your monthly membership starts once Zoku has accepted you, on the day you indicated as “start date” when applying for the membership.

Maximum Occupancy

Memberships and Day-passes are person-bound, meaning that only the person who signed up can make use of the membership. In case of miss-use/double-use/membership cards being switched around/ Zoku reserves the right to immediately end the membership or day-pass. Zoku does not guarantee a fixed working spot and has the right to use certain membership areas for hotel purposes.

Zoku’s Terms & Conditions may be subject to change at any time and without notice. Prior to your check-in, please consult this page.

These Terms & Conditions are governed by the laws of The Netherlands. All disputes will be submitted to the competent court in Amsterdam, The Netherlands.

Cancellation of the membership

Monthly memberships can be cancelled any time before the monthly period ends. If you don’t cancel the membership it will automatically renew for another month. You agree to return your membership card and member token after you cancelled your subscription.

House Rules

Yes, we know it’s Amsterdam… But we would like to stress that drug use, possession and selling of any kind is strictly prohibited in and around Zoku premises.

Criminal behavior is not tolerated in any part of Zoku. It’s your second home, so treat it that way.

Please use the public areas responsibly and look after your neighbours, both inside and outside the Zoku premises.

Services

These terms form a legally binding agreement that governs your use of livezoku.com (and all affiliated websites), the Zoku App and/or the products and services offered by Zoku Amsterdam B.V. (“Zoku”), having its office address at Weesperstraat 105, 1018VN Amsterdam (the Netherlands), including those accessed through third party web sites (collectively, the “Services”). By using or accessing the Services, you agree to be bound by these terms.

Zoku can be reached at members@livezoku.com.

Zoku is registered with the trade register of the Netherlands, nr. 59203927.

You agree to not use the Services to:

intentionally or unintentionally violate any applicable local, state, national or international law;

send, upload, share, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable;

“stalk” or otherwise harass another person or harm any persons or entities in any way;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

send, upload, share post, email, transmit or otherwise make available any content that you do not have a right to make available;

make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

make available any unsolicited commercial communications or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are designated for such purpose;

interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus via the Services, “overloading”, “flooding”, “spamming”, “mail bombing” or “crashing”;

access content or data not intended for you, or log onto a server or account that you are not authorized to access;

attempt to probe, scan or test the vulnerability of the Services or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Zoku or used by Zoku;

extract or attempt to extract, in a substantial, repeated or other manner, content and data from the Services, in a way that is inconsistent with the regular envisaged use of the Services;

using an account for high volume (with storage or traffic more than 10 times higher than the average Zoku users) or commercial use (e.g., revenue generation, advertising, etc.); or

collect or store personal data about other users, other than within the context of the normal and envisaged use of the Services.

Zoku does not actively monitor the use of the Services under normal circumstances. Similarly, Zoku does not exercise editorial control or review over the content on the Zoku Services placed by the users.

If we are made aware of any content that violated the above rules we may remove such content. Zoku intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws or regulations.

Zoku may terminate your account and/or your use the Services if Zoku, in its sole discretion, believes you have violated these terms or any other policy of Zoku, furnished Zoku with false or misleading information, or interfered with use of the Services by other users.

You acknowledge that Zoku reserves the right to change its general practices and limits on the use of the Services at any time, in its sole discretion, with or without notice.

If you believe that content on the livezoku.com or other content related to the Zoku Services is abusive, please email to legal@livezoku.com.

General

Zoku may change, limit or terminate the availability of the Services, in its sole discretion and any time. If Zoku changes the Services or these terms in a substantial way, it will notify you, giving you a reasonable time to review the changes before they become effective. If you continue using the Services after the effective date, you are deemed to have accepted the changes.

Zoku’s failure to enforce any of the provisions of this agreement at any time, or the failure to require performance by you of any of the provisions of this agreement at any time, will in no way be construed to be a present or future waiver of such provisions.

Zoku can use third-parties to perform (part of) the Services.

If any term, condition, or provision in this agreement is found to be invalid, unlawful or unenforceable to any extent, you and Zoku will do their best to agree to such amendments that will preserve, as far as possible, the intentions expressed in these terms. If we cannot, then such invalid provision will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.

Zoku is allowed to assign any agreement with you in case of a transfer of (a substantial part of) its business, and you give your irrevocable consent for this.

Dutch law governs this agreement, and parties agree to accept personal jurisdiction and venue in the courts of the place of incorporation of Zoku (as of May 2015, Amsterdam).

Nothing in these terms limits your mandatory statutory consumer rights.

The Zoku Privacy Policy

This privacy policy sets out how Zoku Amsterdam B.V. (“Zoku”), having its office address at Weesperstraat 105, 1018VN Amsterdam (the Netherlands) uses and protects any information that you share with Zoku when using livezoku.com (and all affiliated websites), the Zoku App and/or the products and services offered by Zoku (the “Services”).

Zoku is committed to ensuring that your privacy is protected. Should Zoku collect or ask you to provide personal data when using this website, then you can be assured that it will only be used in accordance with this privacy policy.

Zoku may change this policy from time to time. At such time, Zoku will notify you by e-mail (if it has such information), and by updating this page. If you have not shared an e-mail address with Zoku, please check this page from time to time for the latest information.

Users

With Zoku, you can learn more about our locations, make a booking, and communicate with other Zoku users and guests. While some functionality of the Zoku Services can be accessed without registering for an account, such as browsing and learning more about our different locations, you need an account for additional functionality.

What Zoku collects

Zoku may collect the following information:

Information that you provide to Zoku when you use the Services, for example when you register, subscribe to a newsletter, fill out a form or enter information when you use the Services. This may include your name, gender, age, country of residence, email address and social media names, credit card details, phone number, and booking preferences.

Other information about your use of the Services not knowingly provided to Zoku, but collected via analytics functionality in the Services: general usage information, including recent browser history (as sent by your browser) and IP-addresses.

We do not use the App to knowingly solicit data from or market to children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at legal@livezoku.com. We will delete such information from our files within a reasonable time.

What Zoku does with the information it collects

Zoku requires this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Order processing, including by sharing limited information with payment gateway providers.

Zoku can periodically send promotional e-mails about new products, special offers or other information that Zoku thinks you may find interesting.

From time to time, to contact you via e-mail for market research purposes, such as a survey or contest.

To customize the website according to your preferences.

To improve its products and services in a general manner, using aggregated reporting.

How long does Zoku keep the information it collects?

Zoku stores the information for up to 2 years.

How does Zoku protect the information it collects?

Zoku has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information it collects. This includes:

Scanning our website on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Keeping your personal data behind secured networks and only making it accessible to a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

Transmitting all sensitive/credit card information via Secure Socket Layer (SSL) technology. (All transactions are processed through a gateway provider and are not stored or processed on our servers.)

Export of information outside of the EU

When processing data, we may also export data to the United States and other countries, where privacy laws may not be as protective as in your own country. By sharing personal information or using the Services, you explicitly consent to this transfer.

E-mail Opt-Out

If at any time you would like to unsubscribe from receiving future emails, you can do so by clicking the Unsubscribe link that is included in each mail, or you can email us at hello@livezoku.com and we will promptly remove you from ALL correspondence.

Cookie Information - How Zoku uses cookies

A “cookie” is a small data file that can be placed on your device (computer, smart phone, tablet) when you visit certain Internet sites. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually change your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the Services.

Zoku uses cookies to make the Services work or work more efficiently. Zoku uses its own cookies to keep you logged in, to remember any preferences you set, and to remember you when you return to the website. We also use cookies to process your last bookings.

Third-party cookies

Additional third-party cookies are placed when you use the Zoku Services. These are for example to track how long you stay on our site and to determine what region you come from.

Google Analytics cookies: Only Google Analytics can store and read information with these cookies. If you want to opt-out of Google Analytics, you may download a Google Analytics opt-out plug-in for your browser by visiting http://tools.google.com/dlpage/gaoptout.

Facebook cookies: Only Facebook can store and read information with these cookies. See http://facebook.com/help/cookies for more information.

Twitter cookies: Only Twitter can store and read information with these cookies. See https://twitter.com/privacy for more information.

Linkedin cookies: Only Linkedin can store and read information with these cookies. See https://www.linkedin.com/legal/privacy-policy for more information.

Pinterest cookies: Only Pinterest can store and read information with these cookies. See https://about.pinterest.com/en/privacy-policy for more information.

Youtube cookies: Only Youtube can store and read information with these cookies. See www.youtube.com/static?template=privacy_guidelines for more information.

Third-parties and links to other websites

Some Services are offered to Users in conjunction with affiliates or third-party vendors, and Zoku may share Users’ e-mail addresses and other (limited) personal data of you with third-party vendors that are used for providing the Services to you. These third-party vendors are not allowed to use or disclose Services data for any commercial or marketing purposes other than to offer the Zoku Services and to administer and improve such programs, and they are bound to a privacy obligation with Zoku.

Zoku may disclose personal data or information regarding the use of its Services if, for any reason, in Zoku’s sole discretion it believes that it is necessary to do so in order to satisfy laws, regulations, or other legal requests for such information; to cooperate with law enforcement agencies; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating the Zoku Terms of Service or other policies; to operate the Services; to protect Zoku, its services, employees or advisors, or its Users; or in connection with a proceeding, transaction or proposed transaction involving the transfer of the business or assets to which the information pertains.

The Zoku websites may contain links to other websites of interest. However, once you have used these links to leave the Zoku sites, you should note that Zoku does not have any control over that other website. Zoku cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

Controlling your personal information

Access and control over most personal information on the Services is available through profile editing tools. If you want to know what information Zoku has about you, or if you believe that any information Zoku is holding on you is incorrect or incomplete, please write to Zoku, Weesperstraat 105, 1018VN Amsterdam (The Netherlands), or by email at legal@livezoku.com. Zoku will assess and correct any information found to be incorrect.

The processing of personal data by Zoku is notified to the Netherlands Data Protection Authority under number [notification pending].

Cobot Terms and Conditions

Cobot is the web platform used by Zoku Amsterdam to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.

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