ZAYAT coworking space: Terms and Conditions

TThe following paragraphs outline the Terms and Conditions of Use (hereinafter “TOU”) on which ZAYAT (“we”, “our”, “us”) grants Membership to the Member (“you”, “your”, “yourself”).

DEFINITIONS

In this TOU, the following definitions apply: 

Fees means amounts invoiced by us to you for your Membership Fee. It excludes overage fees, late payment fee and actual usage of Services. 

Member means a person granted Membership by us. 

Our Property means any furniture, equipment, documents or other property in the Space that is owned or controlled by us. 

Policies mean any of our codes of conduct, policies and procedures accessible on the website or otherwise made available to you, as added or amended by us from time to time.

Services mean any or all provision from ZAYAT to you such as access to office space, Internet access, office equipment, conference space, knowledge resources, and other services as the ZAYAT may provide from time to time.

Space means the shared co-working space on No.76/A, 1st Street 8th Qtr., South Okkalapa, Industrial Zone, Yangon. Myanmar.

Third Party means any person, entity, company or firm rather than our personnel, and yourself.

Your Property means any equipment, documents, property or possessions that you bring into the Space.

Website means our website located at www.zayat.com.mm

 

THE MEMBERSHIP

This TOU need to be agreed by you before you commence your Membership. If there is anything that you have a doubt to agree with or do not understand any part of this TOU, please contact our Community Manager for clarification. 

We will endeavor to provide access to the Space to the best of our ability. We value your feedback, and if we are not meeting your expectations please let us know so that we can try to find a way of addressing this. 

Your Membership is personal to you. You may not transfer your Membership to anyone else.

You agree to comply with your obligations under this TOU, and with any additional obligations contained in any of our Policies. When your membership is accepted and before you use the Space, you will need to attend an induction session which will be conducted by the Community Manager. Information on ZAYAT Policies will be communicated to you during your induction. 

Your Membership entitles you to access and use the Website. Your login details are personal to you and must not be shared with anyone else. You should take sufficient care in ensuring the security of your login details and contact us immediately if you believe that someone else has access to them or is using them. You must use the Website in accordance with this TOU. 

Concerning building safety and security protocols, you must follow the reasonable directions of the ZAYAT Community Manager and all directions from ZAYAT staff. 

ZAYAT reserves the right at all times to disclose any information about you, your participation in and use of the Services as ZAYAT 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 material in whole or in part in ZAYAT’s sole discretion. 

 

THE SPACE, ACCESS TO INTERNET, THE SERVICES

3.1 The Space is a shared office and we ask that you consider other Members and use the Space and the Website in a respectful way. Offensive language, threatening behavior, abuse of our staff or other Members and damage to Our Property, or that of another Member, will not be tolerated. We reserve the right to remove offenders from the Space, and suspend or cancel their Membership and access to the Website. 

3.2 The Space is a collaborative workspace, and you may find that you are working in close proximity to individuals or organizations that compete with your business. It is your responsibility to ensure that any obligations you may have regarding proximity and/or confidentiality with respect to such competing organizations and other Members generally are adhered to. 

3.3 You acknowledge that due to the shared nature of the Space, sensitive information may sometimes be overheard, and you agree to respect the right of privacy and confidentiality of other Members in such circumstances. 

3.4 Where your Membership entitles you to access the Space, this is a license to use the Space, and does not give you an exclusive right to any part of the Space. You are responsible for ensuring that the Space meets the needs of your not-for-profit or enterprise. We make no warranties or representations that the Space is suitable for the purpose you intend to use it for. 

3.5 We ensure that Our Property is maintained in a good condition and complies with any applicable legal or other regulatory requirements. It is your responsibility to ensure that Your Property is fit for purpose and is used in a safe manner. You must ensure that any electrical equipment you bring into the Space is inspected and tested. 

3.6 You acknowledge that you will be liable for, and agree to indemnify us for, any damage caused to the Space or Our Property, or for any claim brought against us, by malfunctioning or incorrectly used equipment brought into the Space by you or your guests. This includes, but is not limited to, damage caused by non-compliant electrical equipment or electrical equipment not fit for use in Myanmar. 

3.7 You are responsible for making good or indemnifying us (at our option) for any damage caused to the Space or Our Property by you or your guests (excluding fair wear and tear). 

3.8 We take all reasonable measures to ensure the Space is a safe and healthy working environment. You are responsible for your own safety (and that of your employees and guests) whilst in the Space. This includes using Our Property and Your Property safely, for the purpose it was intended for, and with a reasonable degree of care. 

3.9 Your Membership entitles you to use the Space as per following schedule.

  • Mondays to Fridays 9am to 7pm
  • Saturdays 9am to 1pm
3.10 You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You shall not use the Services in any manner that could damage, disable, overburden, or impair any ZAYAT internet connection, or interfere with any other party’s use and enjoyment of any Services. You shall 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. 

3.11 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 TOU and no further authorization or approval is necessary. You further represent and warrant that your participation in 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. 

3.12 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, or any duplicative or unsolicited message (commercial or otherwise);
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on notice boards, events or the Space;
  • upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or 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, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of others computer or property;
  • download any file(s) 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;
  • 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;
  • create a false identity for the purpose of misleading others.
4.1 We may amend this TOU at any time by providing (1) one month written notice. 

4.2 You may change your personal and billing information and change or cancel your Membership via the Website at any time, in which case:
  • if cancellation effective date is later than 10th of Calendar Month, no refund is claimable for the prepaid Membership Fee.
  • if cancellation effective date is on or earlier than 10th of Calendar Month, we will refund one half of your Membership Fee for that month.
4.3 We may terminate your Membership with immediate effect if you:
  • breach your obligations in clause 3;
  • breach any of your other obligations in this TOU and, if such breach is capable of remedy, you do not remedy your breach within 7 days of being notified by us;
  • fail to pay the Fees more than 14 days from the payment due date;
  • ail to comply with our Policies, provided that we have given you written notice of such failure and our required remedy, and a reasonable time to rectify the failure.
For such termination due to your fault, we will not refund your prepaid Membership Fee regardless of effective termination date, 

4.4We, ZAYAT, reserve the right to cancel your Membership at any time without giving reason. In which case we will determine the suitable refund that will be based on prorated number of days in that month up to the effective cancellation date.

4.5Termination made under any situation of sub-Clause 4.2, 4.3 or 4.4, you are still liable to pay the outstanding part of the other usage of Services in said month, before the termination effective date.

 

 

5. MEMBERSHIP FEES

5.1 The first Membership Fee is payable immediately upon approval of your member registration. 

5.2If you would like to upgrade or downgrade your membership level, you shall submit a written request for such change. Such request will become effective only upon both parties signature on a revised Membership Form detailing the revised membership level, start date and pricing. 

5.3 The membership entitles Members to use conference rooms, event space for a certain number of hours, and printers, copiers for certain copies per month. You will be responsible for overage fees if you exceed allocated amounts depending on the membership level. We may increase these fees at any time upon email notice or by posting the fees on our website. The current overage fee schedule is listed on ZAYAT website. 

5.4 Invoicing, Billing and Payment schedule are as below.

  • Monthly invoice will include Membership Fee for the next Calendar month (i.e 1st to end of the month)
  • Payment is to be made by you, in cash, on or before the last business day of the month (i.e Payment Due Date).
  • If payment is made later than due date, then late payment fee will be applied as below.
    • For payment made between 6th and 10th of the month = 10% of the Membership Fee
    • For payment made on 11th of the month or later = 15% of the Membership Fee
  • For usage of Services or overage fees, we will be billing you after every event or, in some cases, advance deposit system will apply. Payment shall be made at the time you received such usage related Bills.
5.5 All invoices and bills will be subject to prevailing commercial tax. 

5.6 We may increase membership fees annually during the term of this agreement. Currently, annual fees are set to increase 5% per year effective on each annual renewal. We may also increase late fees and overage fees from time to time. We will notify you at least 30 days in advance of these increase by e-mailing the member and posting these changes on our websites.

 

 

6. MEETING SPACES AND VENUE HIRE

6.1 Meeting rooms are available in the Space for use by Members in accordance with our meeting room policy, as may be implemented or amended from time to time.

 

5. MEMBERSHIP FEES

7.1 FAIR USE BY MEMBERS 

7.1We can only provide the Space at no cost if Members use the Space fairly. We believe that using the Space fairly means that you:

  • Only use the Space for the number of days per month and during the times allocated to your Membership;
  • Limit the number of guests you bring into the Space. Excluding meeting room bookings and venue hire, we consider that two guests for up to two hours is reasonable. Please understand that to be fair to other Members we may need to limit guest access in peak times. If for whatever reason you need additional guest access please talk to us to see what can be arranged; and
  • Limit printing to a reasonable amount, in accordance with any policies introduced from time to time by us and communicated to you.
7.2You must not use the internet access provided for excessive downloads or for any illegal purpose. 

7.3 Continued abuse of the fair use requirements in this clause 7 may result in the suspension or termination of your Membership.

 

 

8. SECURITY & CONFIDENTIAL INFORMATION

8.1 We make no representations about the security of our internet connection, and you must take reasonable security measures (i.e. encryption) as are necessary for your business or enterprise. 

8.2 You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by ZAYAT or any participant of used of the 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 ZAYAT, any analyses, compilations, studies or other documents prepared by ZAYAT 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;
  • not to use the Confidential Information in any way directly or indirectly determined to ZAYAT or any participant or user of the Services;
All confidential information remains the sole and exclusive property of ZAYAT or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation in 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 ZAYAT or any participant or user of the Services. 

 

 

9. LIABILITY AND INSURANCE

9.1 ZAYAT (we) and Member (you) mutually agreed not to make any claim each other:

  • for damages to their respective physical property, owned or hired, unless caused by the fault or negligence, especially by wilful misconduct or of criminal nature
  • for bodily injuries to, disease or death of ZAYAT’s personnel or any Member (yourself), regardless of the cause and even if caused by the fault or negligence of either Party, except the cause is by wilful misconduct or of criminal nature.


9.2 We shall take full responsibility for direct or consequential loss or damage to property of Third Party and for injuries to, disease or death of Third Party’s persons caused by our acts and/or Our Property and/or our personnel. 
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 ZAYAT, any analyses, compilations, studies or other documents prepared by ZAYAT 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;
  • not to use the Confidential Information in any way directly or indirectly determined to ZAYAT or any participant or user of the Services;
All confidential information remains the sole and exclusive property of ZAYAT or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation in 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 ZAYAT or any participant or user of the Services. 

9.3Any cost which you have paid or will pay as a result of an event for which we are liable shall be reimbursed by us to you.
Similarly, any cost which we have paid or will pay as a result of an event for which you are liable shall be reimbursed by you to us. 

9.4Parties (you and us) shall protect their risks by way of carrying necessary insurance cover. 

9.5You shall procure Personal Accident Insurance from reputable insurer and present the certificate to us within (7) days from the date you made registration as a Member. 

9.6 You release, and hereby agree to indemnify, defend and save harmless ZAYAT and ZAYAT’s 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, wilful 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 ZAYAT or its respective officers and agents in connection with the defense of such claim or lawsuit. 

9.7 ZAYAT and/or our personnel are not liable, howsoever caused including their negligence, for any direct, indirect or consequential loss such as your revenue, profit, anticipated profit, use, production, productivity, contracts, business opportunity, downtime, etc. 

 

 

10. THINGS OUT OF OUR CONTROL

Sometimes events happen that are out of our control. These include things like strikes, lock outs, accidents, war, and fire or the delay or failure in manufacture, production, or supply by third parties of equipment or services. Such events may prevent us from providing you with access to the Space in whole or in part, or may prevent you from performing your obligations under this TOU. In such cases both parties agree that the other party will not be liable for any delay or failure in performing their obligations. Either party may terminate the Membership if the delay or failure continues for a period of 30 days or more.

 

11. PRIVACY

We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way. We take our obligations very seriously and have implemented practices, procedures and systems to ensure we comply with those laws.

 

12. SEVERABILITY

In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.