TERMS AND CONDITIONS OF USE
Last updated 8 July 2016
The following terms and conditions ("Terms") govern the use of applications, websites, content, products and services (the "Services") made available by Laburo SAS ("Laburo", "we", "our", "us"), a simplified joint stock company established in France, having its offices at 86 quai de Jemmapes, 75010 Paris, France, registered at the Paris Chamber of Commerce under number 813519501. Please read these Terms carefully before accessing or using the Services. We may change these Terms from time to time. The Terms can at all times be consulted on our online Services.
The Services constitute a technology platform that enables users of Laburo's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule workspace services with independent third party providers of such services ("Third Party Providers"). The Services are made available solely for your personal, noncommercial use. You understand and agree that Laburo does not provide workspace services. Nor Laburo is a real estate broker, agent or insurer.
Subject to your compliance with these Terms, Laburo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Laburo and Laburo's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Laburo; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content
The Services and all rights therein are and shall remain Laburo's property or the property of Laburo's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Laburo's company names, logos, product and service names, trademarks or services marks or those of Laburo's licensor.
2. USE OF THE SERVICES
In order to use most aspects of our Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Laburo certain personal information, such as your name and email address, as well as at least one valid payment method. 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 Services or Laburo's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive workspace services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
User Provided Content
In Laburo's sole discretion, we permit you from time to time to submit, upload, publish or otherwise make available to Laburo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
User Content provided by you remains your property. However, by providing User Content to Laburo, you grant Laburo a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Laburo's business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Laburo the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Laburo's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Laburo in its sole discretion, whether or not such material may be protected by law. Laburo may, but shall not be obligated to, review, monitor, or remove User Content, at Laburo's sole discretion and at any time and for any reason, without notice to you.
Network access and devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Laburo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, Laburo will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
In order to pay Charges using the Application, you will need to enter your debit or credit card information. You acknowledge that payment processing services are provided by Stripe, a third party. You warrant that you have appropriate authority to use the payment card details which you input. By inputting your debit or credit card information, you agree to use of that information by Stripe for the purpose of paying your bill and processing your payment. Your card details will be stored securely by Stripe. We do not store your payment card details on our systems, although we retain some of the digits. This enables you to identify your appropriate payment card on subsequent occasions and on your payment receipt. You may add and remove payment cards from the App at any time. You acknowledge and agree that we may pre-authorise your payment card upon your booking request to a workspace on the Application.
All Charges are due immediately and payment will be facilitated by Laburo using the preferred payment method designated in your Account, after which Laburo will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Laburo may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
The Third Party Provider will specify the Charges for their goods or services obtained through the use of the Services. Charges will depend on availability, time and type of goods or services. Charges will be inclusive of applicable taxes where required by law, unless otherwise specified.You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's delivery of service or goods, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Your privacy and the protection of your data are very important to us.
Our Applications and Services have been declared to the CNIL, France’s data protection authority. Any personal information you give Laburo is subject to the provisions of France’s Data Processing, Data Files and Individual Liberties Law no. 78-17 relating to information technology, data and civil liberties, as amended. Under this law, you have the right to access, correct and delete your personal data. You can exercise that right at any time by writing to: Laburo SAS, 86 quai de Jemmapes, 75010 Paris, France.
5. DISCLAIMER AND LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LABURO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LABURO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LABURO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
LABURO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LABURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LABURO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF LABURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LABURO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LABURO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY WORKSPACE PROVIDERS PROVIDING WORKSPACE SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER WORKSPACE-RELATED SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL LABURO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY EUROS (€50).
LABURO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE WORKSPACE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LABURO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY WORKSPACE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Laburo and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Laburo’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. GOVERNING LAW
These Terms shall be exclusively governed by and construed in accordance with the laws of France. Disputes concerning the interpretation of the Terms shall be submitted to the jurisdiction of the Commercial Court of Paris.
7. CONTACT LABURO
If you have any questions concerning the Services or the Terms, please contact our customer service by visiting the About Laburo section of our online Services.