Welcome to BookmyFLEX!

This website and / or the mobile application named [‘BookmyFLEX’] (the “Application”) owned and operated by Knot Office Solutions Pvt. Ltd., a company incorporated in India under the Companies Act, 2013, having its registered office at # No. 104, First Floor, Enkay Town Plaza, I – Block, Palam Vihar, Gurgaon, Haryana- 122017 (the “Company” which expression would mean and include its officers, successors and assigns). The Application is an online platform which facilitates the booking of private studios, private cabins, dedicated desks, community lounge, meeting rooms, conference rooms or such other commercial work spaces as the case may be, to Users and / or Corporate Users on a short term basis, for use by the Users and / or the Corporate Users, as may be required from time to time (the “Services”). The Services shall be provided at the locations such as hotels, inns, cafes, business centers, coworking spaces, and such other commercial spaces made available by the Company’s independent partners who are in the business of letting out such workspaces, as may be required, subject to availability.

For the purposes of these terms of use (the “Terms”), the words “us”, “we”, and “our” refer to the Company and all references to “you”, “your” or “User”, as applicable, means the corporate entities who have registered on the Application to provide itself and / or its Corporate Users (defined hereafter) access to the Services on the Application.

KEY DEFINITIONS

“Applicable Taxes” shall have the meaning ascribed to it in Paragraph 8.8;
“Cancellation and Refund Policy” shall have the meaning ascribed to it in Paragraph 8.14 read with cancellation and refund policy
“Corporate Contract” is the contract entered into between you and the Company, if you are availing the Services via the Advance Payment Corporate Facility;
“Corporate Users” refers to individual users, being your identified employees, consultants, or representatives who avail Services on the Application through your Dashboard;
“Dashboard” refers to a functionality on the Application whereby you can manage your company’s/firm’s use of the Application by, inter alia, onboarding your Corporate Users, providing your Corporate Users access to the Services and tracking details of the Services availed by each of your Corporate Users;
“Advance Payment Corporate Facility” refers to the payment model that may be adopted by the Company in respect of the Service, pursuant to which you enter into a Corporate Contract with the Company, and makes a mutually agreed upfront payment of a lumpsum amount to the Company, as consideration for use of the Services by you and / or your Corporate Users, on the terms set out in paragraph 8.9 and the Corporate Contract;
“Pay As You Go” refers to the payment model that may be adopted by the Company in respect of the Service, pursuant to which the User and / or the Corporate User shall make payments, as and when invoices are generated by the Company in respect of such services, on the terms set out in paragraph 8.9;
“Reservation Fee” shall have the meaning ascribed to it in Paragraph 8.8;
“Space Provider” shall have the meaning ascribed to it in Paragraph 8.2;
“Users” refers to corporate entities who have registered on the Application to provide itself and its Corporate Users access to the Services on the Application;
“Workspace” shall have the meaning ascribed to it in Paragraph 8.1; and
“Workspace Reservation” shall have the meaning ascribed to it in Paragraph 8.8.

Applicability and Amendment of Terms

We request you to carefully go through these Terms and the Privacy Policy before you decide to access this Application or use/avail the Services.
These Terms, the Terms of Use applicable to the Corporate Users the Privacy Policy, the Corporate Contract (applicable only if you are availing the Services via the Advance Corporate Payment Facility), apply to all Users of the Application and together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Application and your use of the Services.
Your use of the Application or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Application or the Services.
We reserve the right to modify or terminate any portion of the Application or the Services offered by the Company or amend the Agreement, including without limitation these Terms and the Privacy Policy for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review the Agreement periodically. The Company may require you to provide your consent to the updated Agreement in a specified manner before any further use of the Application and the Services. If no such separate consent is sought, your continued use of the Application will constitute your acceptance of such changes. However, the Corporate Contract shall only be amended or modified with the express consent of the User and the Company.
Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.

Registration and Access

If you wish to avail the Services, you will have to register on the Application and become a registered User. By registering on the Application, you agree that you are availing the Services offered on the Application on the terms of the Agreement and on such terms as may be mutually agreed between the parties.
If you are availing the Services via the Advance Payment Corporate Facility, these Terms, the Terms of Use applicable to the Corporate Users the Privacy Policy, and the Corporate Contract will form the basis of the Service provided to you. Therefore, if you are availing the Services via the Advance Payment Corporate Facility, the term ‘Agreement’ will be construed to include the Corporate Contract as well, as set out in Paragraph 2.2.
For availing the Services, you will be required to register onto the Application, whereby you will have to provide information such as the company’s name, incorporation details, authorised personnel details and any other requirements in relation to the Services. Following this, an exclusive user name and password will be created for you. Note that registration is only a one-time process and if you have previously registered on the Application, you may login into your Dashboard by using the same credentials as provided by you during the registration process.
A User will be required to identify and provide necessary information/details of its Corporate Users who will be permitted to avail the Services via the Application. It is your responsibility to ensure that your Corporate Users are provided access to the Services via your Dashboard. All Corporate Users will have to register on the Application. At the time of registration the Corporate User will have to provide certain personal information such as his or her name, age, contact details, profession, employer details and any other requirements in relation to the Services. Following this, an exclusive user name and password will be created for the Corporate User. Note that this registration is only a one-time process and if the Corporate User has previously registered on the Application, the Corporate User may login into his or her account using the same credentials as provided by the Corporate User during the registration process.
In addition to the registration requirement under Paragraph 3.4 hereinabove, your Corporate User’s access to the Services via the Dashboard may be customized by you.
You are responsible for maintaining the confidentiality of your Dashboard, account, and password and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate. You agree to (a) immediately notify the Company of any unauthorized use of your account/Dashboard information or any other breach of security, and (b) ensure that you exit from your account/Dashboard at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user or visitor to the Application due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
You are responsible for all acts and omissions of your Corporate Users arising from or in relation to their use of the Services via your Dashboard. It is your responsibility to ensure that your Corporate Users use the Application in strict accordance with all the terms and conditions applicable to them.
Receiving information through communication channel, including but not limited to SMS/Email/Mobile notification etc: You understand that once you register as a User on the Application, you may receive communication from the Company on your registered communication medium. These communications could relate to your registration, transactions that you or your Corporate Users carry out through the Application and promotions that are undertaken by the Company. Please note that Company will send these communications only to the registered communication medium or such other that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct communication medium information for the transaction you wish to enter. Further, the Company may also send notifications and reminders to you with respect to Workspace Reservations made by your Corporate Users. Please note that while the Company endeavors to provide these notifications and reminders to you promptly, Company does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you.
We reserve the right to refuse your access to the Application, to terminate accounts, remove or edit content at our discretion.
We will try to make the Application error-free. Your access to the Application may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues, howsoever caused.

Application Content

Company hereby grants you a non-exclusive, revocable license to use the Application on the terms and conditions as set forth in the Agreement. However, all information, content and material contained in the Application are and continue to be Company’s exclusive intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Application and the Services, whether or not displayed on the Application, are proprietary to the Company. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorised use terminates the permission or license granted by us in terms of the Agreement.
You expressly understand and agree that:

The information, content and materials on the Application and / or Service is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
The Company does not warrant that the functions contained in any content, information and materials on the Application, including, without limitation any third party sites or services linked to the Application and / or that the Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Application or the servers that make such content, information and materials available are free of viruses or other harmful components;
Any material downloaded or otherwise obtained through the Application are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your mobile phones or computer systems; and
Company cannot and will not assure you that other users of the Application are or will be complying with the foregoing rules or any other provisions of the Agreement. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You hereby expressly acknowledge and agree that the Company will not be liable for your losses or damages (whether direct or indirect) caused by an unauthorized use of your Dashboard/account. Notwithstanding the foregoing, you may be liable for the losses of Company or others due to such unauthorized use.

Representations and Warranties by the Users

By using the Application, you represent and warrant that:

You are a duly incorporated partnership firm, company or any other body corporate under the applicable laws and that your use of the Application will not violate any applicable law or regulation;
All information provided by you to the Company in order to perform Services is true, correct and accurate in all respects. The Company shall solely rely on the information provided by you and the Company shall not verify or authenticate any information that will be provided by you.
You are not an insolvent under the applicable laws nor are there any pending corporate insolvency petitions against you before any judicial authority/forum.

Conditions of Use

You shall use this Application for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Application.
You covenant that you will not:

Modify any content of the Application;
Decompile, reverse engineer, or disassemble the content;
Use the Service in any way that is unlawful, or harms the Company or any other person or entity, as determined in Company's sole discretion;
Make false or malicious statements against the Service or Application or the Company;
Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Application and / or Service or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Application and / or the Service;
Engage in any form of antisocial, disruptive, or destructive acts on the Application, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet;
Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third party; or
Delete or modify any content of the Application and / or Service, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

Links to Third Party Websites

The Application may include links to other websites or applications whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of any such third party, the third-party website or application, or the information on the third-party website or application. If the Users access or submit personal information to any of those websites or applications, such access and information shall be governed by the terms of use and privacy policies of such third party websites or applications, as the case may be, and the Company disclaims all responsibility or liability with respect to these terms, policies or the websites or applications. The Users are encouraged to carefully read the terms and privacy policy of any website and application that they visit.

SERVICES AND PAYMENTS

The Service allows Users and / or Corporate Users to choose a workspace which may be a conference room, meeting room, a private cabin/studio, a community lounge or a work desk or such other commercial work spaces (the “Workspace”), for a total duration of anywhere between one (1) hour and not more than twenty (20) days for meeting rooms, conference room and training rooms and anywhere between one (1) day and not more than twenty (20) days for workdesk
On the Application, the Workspaces which are listed and made available for Users’ or Corporate Users’ booking, are neither owned nor maintained by the Company and, are under the legal ownership of their respective owners who have registered on the Application (the “Space Provider”). The Company, on the basis of suitable contractual documentation between itself and the Space Provider, lists Workspaces offered by the Space Providers on the Application, on a distributor model, for Users and / or Corporate Users to view, choose and book as per their requirements.
The Company does not represent or warrant that the Space Provider has an encumbrance free, clear legal title to the Workspaces that are listed on the Application, in any manner whatsoever. The Company does not (i) recommend or endorse any Workspaces and / or Centre(s); or (ii) make any representations or warranties with respect to these Workspaces and / or Centre(s) or the facilities they provide. The Company shall not be liable for any reason whatsoever for the User’s and / or Corporate User’s use of the facilities made available at the Workspaces and / or the Centre(s), and shall not bear any liability for the consequences to the User and / or the Corporate User’s for their use of any such facility or the Services. For avoidance of doubt, it is expressly clarified here that the Company does not conduct any kind of due diligence whether legal, taxation, environmental or technical diligence on the Space Provider or in relation to the Workspaces and / or Centre(s). Only Service level due diligence is done by the company from their end.
The Services and more particularly the listing of Workspaces on the Application does not constitute alienation, lease, creation of tenancy rights or transfer of ownership of the Workspaces from the Space Provider to the Company or the Users, whatsoever. The Services are only intended to enable the Space Providers to list available Workspaces that they are willing to offer to User and / or Corporate Users, for their business and professional requirements.
When your Corporate User makes a Workspace Reservation on the Application, you understand and accept that:

The Corporate User is responsible for choosing his/her Workspace and the Company shall not be held responsible or liable for his/her selection of such Workspace; and
The Company will provide the Users and / or the Corporate Users with lists and / or location previews of Workspaces which may be suitable to deliver the requirements he/she is seeking based on information that he/she provides to the Company on the Application. Please note that the Company (i) does not recommend or endorse any Workspaces mentioned on the Application; and (ii) does not make any representations or warranties with respect to these Workspaces or the facilities they may provide. Company shall not be liable for any reason whatsoever, for a Corporate User’s or your use of the facilities made available at the Workspaces, and we bear no liability for the consequences to you or the Corporate User, of such Corporate User’s or your use of any facility or service provided at the Workspaces by the respective Space Providers.
All activities undertaken by you and the Corporate Users at the Workspace for which he/she has made a Workspace Reservation on the Application shall be, at all times, subject to the terms of use, security protocols, access guidelines etc. of the Space Provider (which may be a hotel, lodge, inn, café, restaurant, coworking space, business center or any other commercial space), as amended from time to time.
Information regarding Workspaces and the facilities provided by them as displayed on the Application is intended for general reference purposes only. Such information is mainly self-reported by the relevant Space Providers and may change from time to time or become out of date or inaccurate. We are not responsible for any interruption or breakage in facilities provided by the Space Provider(s) at the respective Centre(s), The User or your Corporate User shall have to directly reach out to the Space Provider for resolution of any issues, feedback or complaints in relation to facilities provided by the Space Provider.
The liability of company in case of denial of check-in by a space provider for any reason what-so-ever including over-booking, system or technical errors, or unavailability of rooms/workdesk etc., or service issue offered by the company support by a physical proof by the user, the company will be limited to either providing a similar alternate space at the discretion of company (subject to availability at that time), or refunding the booking amount (to the extent paid) by the user.

The Space Provider will be entitled to recover from the User, for any damage caused to the Centre by the User or the Corporate User (normal wear and tear excepted) or for any reinstatement required to be done.
You agree that:

You shall be liable to duly comply with all applicable laws, rules, regulations, and obtain all licenses and authorizations as may be applicable and relevant to your business.
You shall be solely responsible for the security of the Corporate Users’ and your equipment such as laptops, mobile phones, other electronic items and personal belongings that you and / or your Corporate Users bring to the Centre(s).
You shall be solely responsible for the security of any data or information shared by You and / or the Corporate Users using the internet connection or equipment provided in the Centre(s), or otherwise accessed by you and / or the Corporate Users while at the Centre(s).
You shall, and shall cause your Corporate Users, and any visitors and guests, to take due care of the Centre(s) and the equipment provided in the Centre(s). You shall be liable to pay for any damage caused to the Centre(s) by the you or your Corporate Users, visitors or guests.
You shall conduct yourself, and shall cause your Corporate Users, visitors and guests to conduct themselves, in an orderly manner and not create nuisance or disturbance to other members or guests or other persons at the Centre(s).
You shall abide, shall cause your Corporate Users, visitors and guests to abide, by the rules, regulations and guidelines as may be stipulated by the Space Provider, from time to time.
You shall only use the Centre(s) for its business purposes and shall not use the same as a living accommodation of any kind or to sell any merchandise in the Centre(s).
The rights conferred to you under the Agreement are purely in the nature of a limited authority for you to use the Centre(s) in accordance with the terms agreed terms.
You agree and understand that all payments shall only be made to bank accounts of company. Company or its agents, representatives or employees shall never ask you to transfer money to any private account or to an account not held in the name of the company. You agree that if they transfer any amount against any booking or transaction to any bank account that is not legitimately held by the company or to any personal account of any person, company shall not be held liable for the same.
You shall not hold any right to recover from company any amount which is transferred by the you to any third party.You intend to make a booking on behalf of another person, it shall be the responsibility of the you to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto

Booking Terms and Payment Options: The Application allows Users and / or Corporate Users to view, choose and book Workspaces in select geographical regions for a particular duration which may be anytime between One (1) hour and twenty (20) days (the “Workspace Reservation”). Upon having selected a Workspace, the booking/reservation fee for the Workspace Reservation shall be indicated to the Corporate Users on the Application (the “Reservation Fee”). You agree and acknowledge that the Reservation Fee for Workspaces of similar characteristics may differ from time to time and place to place, depending upon the Company’s internal pricing guidelines. You and your Corporate Users are unconditionally obliged to pay us the Reservation Fee in entirety, for availing the Services through the Application. You further agree and acknowledge that the Reservation Fee listed on the Application is exclusive of any applicable taxes and service charges (including but not limited to goods and service tax) (collectively, “Applicable Taxes”).
For On-demand booking, the Users may choose between the Advance Payment Corporate Facility or the Pay As You Go options for paying the Reservation Fee, as set out below:

Advance Payment Corporate Facility

The User and the Company shall execute the Corporate Contract which sets out the terms of payment in respect of Advance Payment Corporate Facility.

Invoice will be generated by the Company on a monthly basis for all the booking done by the user in that particular month in the first 7 days of the next month.

An advance amount (“Advance”) shall be paid by the User towards availing of Services. Monies in equal amount to the Advance shall be used for making Workspace Reservations.

Once the Advance is exhausted, the user can opt for Pay As You Go services to avail further booking facility for 3rd party spaces, or by paying an additional Advance on an Advance Corporate Payment Facility basis.

Pay As You Go

The User can avail the facility of the payment gateway to pay the payment is the facility if opted by the user.

An advance payment receipt will be generated to the user and the Tax Invoice will be generated by the Company within 7 days once the booking is consumed fully by the user. This invoice will be booking by booking basis.

For Internal Seat Management and other features, the Users has to pay through a subscription payment model, as set out below:

The User and the Company shall execute the Corporate Contract which sets out the terms of payment in respect of Subscription Payment Model.

Monthly Subscription Payment Model:

Invoice will be generated by the Company on a monthly basis for all the features used by the user in that month in the first 7 days of the next month.

The User is expected to clear the amount raised within 10 days of the Invoice raised. If not cleared then the user account will be suspended by the Company.

If the user account is not stored by the user within 20 calendar days from the account subscription, the user account will be terminated permanently and all user data including but not limited to personal information, booking history will be permanently deleted.

User can cancel the subscription anytime and they will be charged on pro-rata basis till the time subscription is used.

Adding or deletion of services/seats/floor plans within a month will be invoiced on pro-rata basis only for that month.

Annual Subscription Payment Model:

Duration of 12 months from the date of starting of the subscription (“Annual Period”).

Invoice will be generated by the Company to the user on initiating the Corporate Contract on the total billed amount for Annual subscription based on the number of seats mutually agreed or as per the minimum guarantee on the number of seats.

The User is expected to clear the amount raised within 10 days of the Invoice raised. The dashboard access will be provided once the invoice is cleared.

The User is expected to clear the next year’s annual subscription amount within 20 days of the Invoice raised. If not cleared then the user account will be suspended by the Company.

If the user account is not stored by the user within 30 calendar days from the account subscription, the user account will be terminated permanently and all user data including but not limited to personal information, booking history will be permanently deleted.

User can cancel the subscription post the expiry of the annual period.

Adding or deletion of services/seats/floor plans during the annual period will be invoiced on pro-rata basis and a monthly invoice for the same will be generated by the company.

All payments in respect of the Reservation Fee (including all Applicable Taxes) will have to be made in full, by the User and / or the Corporate User. Please note that we cannot control any amount that may be charged to you or your Corporate Users by your respective banks in relation to our collection of the total amount, and we disclaim all liability in this regard. You hereby authorize the collection of such amounts by charging the card provided as part of requesting the booking, either directly by us, via a third-party online payment processor or by one of the other payment methods described on the Application. When you are directed to a third-party payment processor, you shall be subject to terms and conditions governing use of that third-party payment processor’s service and that third-party payment processor’s personal information collection practices. In connection with such payments, you will be asked to provide customary billing information such as, but not limited to, name, billing address and card information either to us or our third-party payment processor
Upon a User’s acceptance of the Reservation Fee and payment of such Reservation Fee through the various online payment mechanisms made available to you through the Application,, the Workspace Reservation shall be confirmed and a confirmation email/notification on the Application will be sent to both the Corporate User as well as the corresponding User at the registered email id/account created on the Application with details of your Workspace Reservation. It is the User’s and / or the Corporate User’s responsibility to ensure that the User and / or the Corporate User utilizes the Workspace Reservation through the Application and their failure to utilize the Workspace Reservation for any reason whatsoever, shall not entitle them to any refund of the Reservation Fee.
In the event that your Corporate User’s payment of the Reservation Fee in respect of his/her Workspace Reservation is unsuccessful (i.e. the Reservation Fee has not been successfully credited in favour of the Company), owing to any reason (including but not limited to net banking/UPI/payment gateway technical failure) whatsoever, you hereby agree that you shall be unconditionally obliged to make full payment of such Reservation Fee to the Company, immediately upon your receipt of the electronic invoice in respect of such Reservation Fee.
Cancellation by the User and / or the Corporate User: Users and / or the Corporate Users may cancel the Workspace Reservation at any time as per the cancellation and refund policy set out cancellation and refund policy of these Terms (“Cancellation and Refund Policy”). Users hereby acknowledge and agree that a Workspace Reservation shall be treated as cancelled only if the User and / or the relevant Corporate User has received a cancellation confirmation from the Company via an email, SMS or notification (provided you have enabled push notifications) on the Application.
Cancellation by the Company: The Company reserves the right to cancel a Workspace Reservation at any time, including but not limited to, in the following circumstances:

failure to contact the relevant User and / or Corporate User at the time of confirming the Workspace Reservation pursuant to his/her successful payment of the Reservation Fee;
failure due to reasons beyond our control or attributable to the Space Provider; or
Any other conditions under the terms of use or security protocols of the Space Provider.

Indemnity

You hereby agree to indemnify, defend, and hold the Company, the Company’s agents, Space Providers, affiliates, representatives, authorized users, employees, and assigns harmless from and against any and all losses, damages, liabilities and costs (including without limitation attorneys’ fees) arising from (i) your and / or your Corporate Users’ use of the Application or the Services, (ii) the violation of the Agreement or any agreement (entered into between you and the Company) in respect of the Application, Dashboard or Services, by you and / or your Corporate Users, (iii) fraud, willful misconduct or gross negligence on your part and / or your Corporate User, (iv) loss of life, bodily injury, damage to the Workspace, caused by you and / or your Corporate Users in the course of use of the Workspaces, (iv) use of the Centre(s) and Workspace(s) in contravention of the terms of use, guidelines, security protocols, access guidelines etc. of the Space Provider; and (v) unauthorised use of the Centre(s) or the Services, or use of the Centre(s) and Services in contravention of the terms of the Agreement.

Limitation of Liability

You acknowledge and undertake that you are accessing the Dashboard and the Application at your own risk and are using your best and prudent judgment before entering into any transaction or availing any services through the Application. Under no circumstances will the Company be liable to you or your Corporate User for any harm, loss, or damage, either to your person or property, caused due to and / or as a result of your use or your Corporate User’s use of the Application and / or the Services.
To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from any circumstances, including:

The use or the inability to use the Service, by you and / or your Corporate Users; or
Unauthorized access to or alteration of your or your Corporate User’ transmissions or data; or
Any other matter relating to the Application and / or Service.

whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages.

The Company does not control and is not responsible for the actions of other members, guests, visitors, Space Provider's staff, administration, agents and representatives, in the respective Centre. If a dispute arises between members or their invitees or guests, the Company shall have no responsibility, liability of any nature, nor any obligation to participate, mediate or indemnify any party from the consequences of such dispute.
We shall neither be liable nor responsible for any actions or inactions of the other users of the Application nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Application.
We disclaim all liabilities that may arise as a consequence of the Space Providers not maintaining safety, hygiene and sanitation standards, and/or the Space Provider not adhering to any statutes, rules, regulations, bye-laws, schemes, notifications, orders, guidelines, advisories, etc. issued by the Government or the relevant statutory authorities in respect of health and safety standards to be maintained at the Workspace(s) and Centre(s). We shall not be liable (monetarily or otherwise) for any discomfort, bodily injury, harm, diseases, epidemics, pandemics, or health issues that you may develop during or after your use of any Workspace and/or any facility or service provided at the Workspace by the respective Space Provider, in any case whatsoever.
We expressly disclaim all liabilities that may arise as a consequence of (i) the Workspace(s) or Centre(s) being non-compliant with any statutes, rules, regulations, bye-laws, schemes, notifications, orders, guidelines, advisories, intimations, permits, approvals, authorizations, consents, etc. issued by the Government, the corporation, municipality or the relevant statutory authorities, and / or (ii) the Space Provider or the builder of the Centre(s) not intimating or procuring permits, consents, approval, authorizations, etc., as required under any statutes, rules, regulations, bye-laws, schemes, notifications, orders, guidelines, advisories issued by the Government, the corporation, municipality or the relevant statutory authorities.
Further, none of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Application or the Services.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards that have been used to make payments on the Application.

Non-compete and Non-solicit

You hereby covenant and agree that, you will not, directly or indirectly, of your own accord or jointly with any other person: (a) compete with the business of the Company; (b) cause, influence, solicit or induce any Space Provider, employee, client, customer, supplier, service provider, partner, or licensor of the Company or any other person who has a business relationship with the Company to: (i) terminate or change (or cause to be terminated or changed) any business relationship in a manner which would be adverse to the Company and its business operations and / or prospects; (ii) reduce or refrain from doing business with the Company; (iii) enter into any business relationship of any nature whatsoever with the User; and / or (iv) interfere with, disrupt, alter or damage in any manner whatsoever, the relation between the Company and its clients, partners (including Space Providers), customers, suppliers, service providers, licensors or whosoever else having or may have a business relationship with the Company.
Without prejudice to the generality of the foregoing, you specifically agree that you will not deal with any Space Provider directly or indirectly and shall not accept any bookings from such Space Provider other than through the Company. Any breach of this provision will entitle us to immediately terminate our engagement with you and pursue such legal remedies as available to us under law.
You agree and acknowledge that the restrictions contained in paragraphs 11.1 and 11.2 are reasonable for the legitimate protection of the business and goodwill of the Company. However, in the event that any restriction shall be found to be void, but would be valid if some part thereof were deleted or the scope, period or area of application were reduced, then such restriction shall apply with the deletion of such words or such reduction of scope, period or area of application as may be required to make the restrictions contained in paragraphs 11.1 and 11.2 valid and effective.

Termination

In the event you breach the Agreement or in the event any other user reports violation of any of their rights as a result of your use of the Application and / or the Services, the Company reserves the right to suspend or terminate your access to the Application with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Application. Upon suspension or termination, your right and your Corporate Users’ right to avail the Services and access to the Application will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login and account information. Further, upon suspension or termination, the User and / or the Corporate User shall immediately vacate the Workspace, after leaving such premises in the same condition in which it was when handed over to the Corporate User. The Company and / or the Space Provider will be entitled to recover such amounts from the Corporate User or the User, for any damage caused to the Workspace by the Corporate User or the User (normal wear and tear excepted) or for any reinstatement required to be done by the Company, at the time of the Corporate User’s or the User’s vacation of the Workspace.

Access outside Republic of India

The Company makes no representation that the content contained on the Application is appropriate to be used or accessed outside the Republic of India. If the users use or access the Application from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

Governing Law and Jurisdiction

This Agreement which captures the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that subject to Paragraph 15 below, courts at Gurugram, Haryana, India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of the Application or the Services.

dispute resolution

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, or to your use of the Application or the Service or information to which it gives access, will be sought to be resolved by means of amicable discussions between the Company and you. However, if such amicable discussions do not result in resolution of a dispute, then such a dispute shall be determined by arbitration in India, before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration will be Gurugram, Haryana, India. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties.

Severability

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its Terms; provided however that, in such event the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Notices

All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision:

If to Company:

To: Grievance Officer

Email Id: reservations@bookmyflex.com

Address: 104, FF, Enkay Town Plaza, I – Block, Palam Vihar, Gurugram, Haryana, Pin:122017)

If to you: At the email address provided by you to us when you register on the Application

You confirm that you have read, fully understand and accept the Privacy Policy.

Newsletters And Communications

You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Application.

Waiver

No term of the Agreement will be deemed waived and no breach excused, unless such waiver or consent be in writing and signed by the Company. Any consent by Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Force Majeure

If the whole or any part of the performance by the Company of any part of its respective obligations under the Agreement is prevented or delayed by causes, circumstances or events beyond the control of the Company including delays due to acts of God, floods, fires, accidents, pandemic, endemic, an outbreak, epidemic, earthquakes, riots, explosions, wars, hostilities, acts of government, systemic electrical, telecommunications, network or other utility failures affecting such Party or other causes of like character beyond the control of the Company (“Force Majeure”), then to the extent the Company shall be prevented or delayed from performing all or any part of its obligations under the Agreement by reason thereof despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, the Company shall be excused from penalty or performance under the Agreement for so long as such causes, circumstances or events shall continue to prevent or delay such performance.

You agree that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, company’s obligation shall be limited refunding the booking amount, if any, received from you. Such refund shall completely discharge company from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the you.

Electronic Record

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Application.

Complete Understanding

The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

You have read these terms & conditions and agree to all of the provisions contained above.