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T&C

TERMS & CONDITIONS

Welcome to the CowoAsia website or mobile properties, including the related applications (collectively, this “Website”). This Website is operated solely to assist people in gathering information regarding coworking spaces, posting their opinions of coworking-related locations and products, and connecting as a remote working community only. The terms “we”, “us”, “our” and “CowoAsia” refer to BMGS Services Sdn. Bhd., a Delaware corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website, and/or all content contributors on this Website.

This Website is offered to you by the condition  upon your acceptance without modification of any/all the terms, conditions, and notices that has set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you have agreed to be bound by the Agreement and have read and understood its terms and condition. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights. If you do not accept all of these terms and conditions, you may withdraw from using this Website.

We may change or modify the Agreement in the future; therefore, by continuing accessing or using this website at your understanding and agreeing to this term will signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Agreement.

USE OF THE WEBSITE

By using this Website, you are warranted that:

  • All information supplied by you on this Website is true, accurate, present and complete
  • If you have a CowoAsia account, you will safeguard your account information – you will supervise and be completely responsible for any usage of your account by anyone other than you
  • In order to register for an account and contribute to our website, you must at least be an individual 13 years old of age or older. CowoAsia does not knowingly collect the information of anyone under the age of 13.

We retain the right at our sole discretion to deny access to anyone into this Website and the services that we offered at any time and for any reason (including, but not limited to violation of this Agreement).

PROHIBITED ACTIVITIES

All the contents and information on this Website (including, but not limited to text, messages, data, information, photos, graphics, icons, music, sound, video, maps, software, code or any other material), as well as the infrastructure used to function such content and information, is proprietary to us. You are to agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, products, or services obtained from or through this Website. In addition, you agree not to perform any of these practices:

  • Use this Website or its contents for any commercial purpose
  • The act of accessing, monitoring or copying any content or information from this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our consent written permission;
  • Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit an access to this Website;
  • Take any action that imposes, or may impose, in our discretion as unreasonable or disproportionately large load on our infrastructure;
  • Deep-link to any portion of this Website for any purpose without our express written permission; or
  • “Frame”, “mirror” or do anything that incorporate any part of this Website into any other website without our prior written authorization.
  • Do any attempt to modify, translate, adapt, edit, decompile or disassemble any compartments of CowoAsia in connection with the Website or the services.
  • Spamming the comments sections or other spaces with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or anything that can be regards as inappropriate messages.
  • Solicit spaces listed on our website(s) with offers to join similar and/or competing service offering

CowoAsia reserves the right to remove space listings, user account, terminate and remove any unwarranted content or activity from the website without notice. CowoAsia Inc reserves the right and may pursue legal action against perpetrators for any damages caused.

PRIVACY POLICY AND DISCLOSURES

CowoAsia believes in the protection of your privacy. In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion that such disclosure is necessary in case of the following:

(a) To protect CowoAsia’s systems, assets, employees, members and customers;

(b) To ensure the integrity and operation of CowoAsia’s business and systems; or

(c) To comply with legitimate and enforceable governmental requests, subpoenas or court orders.

We may choose to comply with or disregard such requests or orders in our sole discretion. CowoAsia’s right to disclose information – including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content – shall take precedence over any terms of our Privacy Policy.

REVIEWS, ENQUIRIES, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of your coworking experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If CowoAsia provides such Interactive Areas, you are solely responsible for your usage of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you are hereby agree not to post, upload, transmit, distribute, store, create or otherwise publish through this Website any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material or content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, provoke, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise would create liability or violate any local, state, national or international law, including, without limitation, the Malaysian regulations.
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including CowoAsia;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content or links that leads to the content that, in the sole judgment of CowoAsia,
    1. Violates the previous subsections herein,
    2. Objectionable,
    3. Restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or
    4. May expose CowoAsia or its affiliates and its users to any harm.

CowoAsia will take no responsibility and assume that there is no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto; CowoAsia is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter. As a provider of interactive services, CowoAsia is also not responsible for any statements, representations or content provided by its users in any public forum, personal home page or any other Interactive Area. Even though CowoAsia has no obligation to screen, edit or monitor any of the content being posted or distributed to any Interactive Area, CowoAsia reserves the right, and has absolute discretion, to remove, screen, translate or edit without giving prior notice to any content posted or stored on this website at any time and for any reason, or to have such actions performed by third parties on its behalf; you are solely responsible for creating backup copies of and replacing any content you post or store on this website at your sole cost and expense.

If it is determined that you want to retain the moral rights (including rights of attribution or integrity) in the content, you are hereby declare that:

  • You do not require that any personal identifying information to be used in connection with the content, or any derivative works of or upgrades or updates thereto;
  • You have no objection to the publication, use, modification, deletion and exploitation of the content by CowoAsia or its licensees, successors and assigns;
  • You are forever waive and agree not to claim or assert any entitlement to any and all of the moral rights of an author in any of the content; and
  • You forever to release CowoAsia and its licensees, successors and assigns, from any claims that you could otherwise assert against CowoAsia by virtue of any in regards to such moral rights.

Any use of the Interactive Areas or any other portions of this Website in any way that violates the foregoing will be considered as violating the terms of this agreement and may result in the termination or suspension of your rights to use the Interactive Areas and/or this Website.

COWOASIA SPACE ACCOUNTS

All the information submitted in connection with a CowoAsia Space account must be accurate and truthful. Users are to agree to notify CowoAsia crew immediately if their Space Account has been used without authorization or if there has been any other breach of security of the Space Account. Each User also must agree to provide additional information that CowoAsia may reasonably request and answer it with the utter truth; please, otherwise, complete any questions CowoAsia might ask you in order to verify such authenticity of the Space. Please be aware that by submitting content to this Website via email, postings on this Website or in any coworking reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions, you have granted CowoAsia and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

  • Use, reproduce, modify, adapt, translate, distribute, publish or create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised, for any purpose; and
  • Use the name that you have submitted in connection with such submission.

You acknowledge that CowoAsia may choose to provide attribution of your comments or reviews at our discretion. You are further granting CowoAsia the right to pursue in law of any person or entity that violates your or CowoAsia’s rights in the submissions by a breach of this Agreement. You also acknowledge and agree that the submissions of space content are non-confidential and non-proprietary. Spaces whom a representative of theirs “claim” to be their space in which the content was submitted by a 3rd party contributor also will grant CowoAsia and its affiliates the same rights listed above. Further Spaces agree and understand that:

  • Spaces are only entitled to 1 space listing (“page”) per location. Duplicate space listings will be removed without further notice.
  • If there is missing information, CowoAsia will make a reasonable attempt to request that information for the space. Submissions that are not deemed as a “coworking space” may not be approved for publication on the site. Coworking spaces are generally defined by CowoAsia to have shared work space for community, shared amenities for customers, and membership options of less than 6 month terms. CowoAsia reserves the right to approve, disapprove, and remove listings at their sole discretion unless if the space meets the above requirements.
  • CowoAsia is not liable for any damages that may be incurred from content on the Website or its affiliates including but not limited to reviews, photos, descriptions, and other forms of media which may have opinions of the third parties.
  • Spaces may not take legal action against CowoAsia, Users or third parties for their opinions in the form of media (text, photo, reviews and comments) that has been created and published on the site.
  • CowoAsia reserves the right to remove space listings, terminate and remove unwarranted content or activity from the website without notice. CowoAsia Inc reserves the right and may pursue legal action against perpetrators for damages caused and any form of prohibited activities.

DISPUTES BETWEEN COWORKING SPACES AND USERS

CowoAsia does not recognize any third party and/or agency affiliated with the Spaces as a Space Owner. If a Space is unable to fulfil any promise or reservation, the Space will work together with Customers to reach a mutually satisfactory resolution, which may include the issuance of a refund of Customers by the Space. CowoAsia is under no obligation to be involved in disputes between Spaces and Customers, or Users and any third party. In the event of such any dispute, we may provide the Space Owner’s contact information to the Customer so that the two parties may mutually resolve their dispute.

THIRD-PARTY SUPPLIERS

CowoAsia is not a travel agency although CowoAsia displays such information about properties owned by third-party suppliers and facilitates leads and in some cases reservations with certain suppliers and affiliate sites. However, such actions do not in any way imply, suggest, or constitute CowoAsia’s sponsorship or approval of third-party suppliers, or any affiliation between CowoAsia and third-party suppliers. Even though CowoAsia members may rate and review particular properties based on their own experiences, CowoAsia does not endorse or recommend the products or services of any third-party suppliers. Take note that CowoAsia is not responsible for the accuracy or completeness of information that has been obtained from third-party suppliers and displays on its sites or apps.

Engaging with a third-party supplier will automatically comply that you agree to review and be bound by the supplier’s terms and conditions and site use (the “Terms of Use”), Privacy Policy, and any other rules or policies related to the supplier’s site or property. Your interactions with the third-party suppliers are at your own risk. CowoAsia will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

This Website may link you to supplier sites or other websites that CowoAsia does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY AND WITH EXTRA ATTENTION. THIS SECTION LIMITS COWOASIA’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE ALONGSIDE YOUR EXPERIENCE WHILE USING THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY ENACT INACCURACIES OR ERRORS, INCLUDING SPACE AVAILABILITY AND PRICING ERRORS. COWOASIA, ITS SUBSIDIARIES AND CORPORATE AFFILIATES, DO NOT GUARANTEE THE ACCURACY OF, OR DISCLAIM ALL LIABILITY FOR ANY ERRORS AND ANY OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE COWORKING SPACE OR LOCATIONS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF COWORKING SPACES, REVIEWS AND RATINGS, ETC.). IN ADDITION, COWOASIA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE. COWOASIA MAKES NO REPRESENTATION REGARDING THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE.  THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY COWOASIA. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IT IS” WITHOUT WARRANTY OF ANY KIND. COWOASIA DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM COWOASIA, ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. COWOASIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES; INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE THIRD-PARTY SUPPLIERS THAT PROVIDE COWORKING SPACE OR LOCATION INFORMATION, DESK SPACE OR ANY OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT PART OF AGENTS OR EMPLOYEES OF COWOASIA COMPANIES. COWOASIA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. COWOASIA HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR ANY OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

THE COWOASIA SHALL IN NO EVENT (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OF THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COWOASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If CowoAsia is found liable for any loss or damage that arises out of or is in any way connected with your usage of our sites or services, then CowoAsia’s liabilities will in no event exceed, in the aggregate, greater than (a) the transaction fees paid to CowoAsia for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy that has been specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CowoAsia.

INDEMNIFICATION

You are agree to defend and indemnify CowoAsia and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature – including but not limited to reasonable legal and accounting fees, brought up by third parties as a result of:

  • Your breach of this Agreement or the documents referenced herein;
  • Your violation of any law or the rights of a third party; or
  • Your usage of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than CowoAsia. Such hyperlinks are provided for your reference purpose only. We are in no control of such websites and are not responsible for their contents or the privacy or other practices of such websites. Furthermore, it is up to you to take precautions to ensure that whatever links you have selected or software you have downloaded is free from viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material or any association with their operators. In some cases you may be asked by a third party site to link your profile on CowoAsia to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time at you r own convenience.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2017 CowoAsia LLC. All rights reserved. CowoAsia is not responsible for content on websites operated by parties other than CowoAsia. “CowoAsia”, the graphic logo, the ratings stars and all other product or service names or slogans displayed on this Website are registered under common law trademarks of CowoAsia Inc and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CowoAsia or the applicable trademark holder. In addition, the look and feel of this Website, including all the page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CowoAsia and may not be copied, imitated or used, in whole or in part, without the prior written permission of CowoAsia. All of the other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their own respective owners. Reference to any products, services, processes or any other information, by trade name, trademark, manufacturer, and supplier does not constitute or imply endorsement, sponsorship or recommendation by the CowoAsia group.

If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at reply@cowoasia.com.

 

ADDITIONAL MOBILE LICENSES

Portions of CowoAsia mobile software may use copyright material. The usage of which CowoAsia  has acknowledged. In addition, there are specific terms that apply to the use of certain function in the CowoAsia mobile applications.

GENERAL PROVISIONS

You are hereby agree that no joint venture, agency, partnership, or employment relationship exists between you and CowoAsia and/or affiliates as a result of this Agreement or the use of this Website.

Our performance of this Agreement is subject to the existing laws and legal process, and had nothing contained in this Agreement limits our right to comply with law enforcement or any other governmental or legal requests or requirements related to your usage of this Website or information provided to or gathered by us with all respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and CowoAsia with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and CowoAsia with respect to this Website. A printed version of this Agreement and any of the notice given via electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the extent and subject towards the same conditions as any other business documents and records originally generated and maintained in the printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

SERVICE HELP

For answers to your questions please email us at reply@cowoasia.com

©2017 BMGS Services Sdn. Bhd. All rights reserved.