Mindspace Mindpass Daily/Mindpass Multi

General Terms and Conditions

These general terms and conditions shall apply to the engagement between the relevant Mindspace entity as designated in Section 5A. below. (”Mindspace”) and the Customer designated in the Mindspace registration form (the “Customer”).

  • Mindspace Services
    1. Services Package. The Customer shall be entitled to the following services (the “Services”):
      1. The right to enter the Mindspace Premises designated in the registration form and to use the designated workstation(s) specified in the registration form (the “Office“) and Common Spaces. Common Spaces shall refer to any space at the relevant Mindspace Premises that is not a seat or an office dedicated to a specific Customer of Mindspace or to Mindspace itself (the “Common Spaces“).
      2. The right to use Mindspace furniture and facilities in the Office or in the Common Spaces.
      3. Access to WLAN (throughout the Premises) Internet services.
    2. Additional Services.
      1. The Customer may join community events provided to other customers of Mindspace, including happy hours, professional meet-ups, and other events taking place on the day of the service, all under the sole discretion of Mindspace.
        1. The Customer may reserve and book conference or meeting rooms at the Premises upon a specific reservation, with discounted rates available for Mindpass users. Such reservation must be done in advance and is subject to availability and payment of the fees required for the use of the conference or meeting rooms (the quota of use is according to Mindspace’s tariff as updated from time to time). The quota of use of conference or meeting rooms is determined on a per day basis for utilization during the same day and cannot be accrued or transferred from day to day. Any unutilized quota shall expire at the end of the specific day and the Customer shall not be entitled to a credit or refund in connection therewith.
    3. Changes to Services and Additional Service. Mindspace shall be entitled to modify / add / delete / update the list of Services or Additional Services at any time, at its sole discretion. Mindspace shall be entitled to provide any of the Services (including any additional Services) or any part thereof either itself or by any third party designated by it. 
    4. Mindspace Pass. The following is the description of various passes:
      1. Mindpass Multi. Mindpass Multi is a multi-access pass which provides entries for 4, 8, or 12 days per month, subject to the availability of designated workstations and upon prior reservation of such daily workstation through the Mindspace website or App.
        1. The Mindpass Multi is valid for 30 days from the purchase date. The Customer can use the available and unused entries for 30 days, starting from the purchase day and for a specific calendar month. 
        2. The Mindpass Multi product is location-specific and cannot be used in other Mindspace locations.
        3. The Mindpass Multi is personal and cannot be assigned or transferred to another user.
        4. In the event that the Customer purchases a Mindpass Multi for entries that exceed the remaining business days of the calendar month at the date of purchase, the balance of the unused passes will be transferred to the next calendar month. In the event that the Customer shall not use the remaining entries-those shall not be rolled over again.
        5. In the event that due to availability at the Mindspace Premises, the Customer shall not be able to use all of the Mindpass Multi entries in the calendar month of purchase, the balance will be transferred to the next calendar month.
      2. Mindpass Multi 50. Mindpass Multi 50 is a multi-access pass which provides 50 entries per quarter , subject to the availability of designated workstations and upon prior reservation of such daily workstation through the Mindspace website or App.
        1. The Mindpass Multi 50 is valid for 90 days from the purchase date. The Customer can use the available and unused entries for 90 days, starting from the purchase day and for a specific calendar quarter. 
        2. The Mindpass Multi 50 product is location-specific and cannot be used in other Mindspace locations.
        3. In the event that the Customer purchases a Mindpass Multi 50 for entries that exceed the remaining business days of the calendar quarter at the date of purchase, the balance of the unused passes will be transferred to the next calendar month. In the event that the Customer shall not use the remaining entries-those shall not be rolled over again.
        4. In the event that due to availability at the Mindspace Premises, the Customer shall not be able to use all of the Mindpass Multi 50 entries in the calendar quarter of purchase, the balance will be transferred to the next calendar month.
      3. Mindpass Daily. Mindpass Daily is a one-day limited pass, valid for a specific purchased day only, subject to the availability of designated workstations and upon prior reservation of such daily workstation through the Mindspace website or App.
        1. The Mindpass Daily is personal and cannot be assigned or transferred to another user. 
        2. Mindpass Daily is calculated on a daily basis and is non-refundable. 
        3. It does not matter how many hours/minutes the Customer spent in the Mindspace Premises building; once entered, it is considered a one-time entry. 
      4. Daily Office. A Daily Office is a one-day limited pass to a private office designed to fit up to 4 people, valid for a specific purchased day only, subject to the availability of the designated office and upon prior reservation of such daily office through the Mindspace website or App. 
        1. The Daily Office is for 4 workstations, irrespective of the actual use of workstations. No more than 4 people can use the Daily Office. No refund shall be given for less than 4 users. 
        2. Daily Office is calculated on a daily basis and is non-refundable. It does not matter how many hours/minutes the Customer spent in the Mindspace Premises building; once entered, it is considered a one-time entry.
        3. Although Mindspace cannot guarantee you will be able to use the same office over consecutive days or a specific office, you may ask the on-site community team if they can help reserve the same office for you on the days you need. Subject to availability, the community team will use reasonable efforts to accommodate your requests.
    5. Operating Hours. The Customer shall be afforded access to the Premises and the Office for the specific day of use of the Mindspace Pass between 9am to 6pm only, and in accordance with the policy and regulations applied by in building housing the Premises and/or the policies and regulations determined by Mindspace, as applicable. Mindspace Services and personnel shall be available during business days between 9am to 6pm, except for local holidays and other extraordinary events during which the building is closed for visitors.
    6. Building Systems. The Building’s systems and facilities such as air conditioning will operate during Mindspace regular business hours and in accordance with the building’s policies and regulations. Mindspace is not responsible and shall not be liable for the operation of the buildings systems and facilities or any inoperability or a certain temperature in the Premises thereof.
    7. Infrastructure. The Customer acknowledges that the provision of certain services is inherently dependent upon the operation and functioning of third party services and infrastructure such as communications, internet, electricity and the like which are not under the control or the responsibility of Mindspace. Accordingly, Mindspace shall not be responsible or liable in any form or manner for any cessation, malfunction, disruption or failure in any of the third party infrastructure or services upon which the Services or Additional Services rely. Furthermore, no cessation, malfunction, disruption or failure in any of the third party infrastructure or services shall relieve the Customer from any of its obligations hereunder including, without limitation, the obligation to pay the full fees nor afford the Customer any right to modify, change, suspend or terminate this agreement.

  • Mindspace Pass Fees and Payments
    1. Mindpass Fees. The Customer shall be obligated to pay Mindpass Fees at the purchase date of the Mindpass, irrespective of whether or not the Customer actually utilizes the Services at the same date. Mindspace shall issue the Customer invoices in respect of the Mindpass Fees and for any other payment the Customer is obligated to make under this Agreement.
    2. Services and Facilities included in the Monthly Fees. The Mindpass Fee includes payment for the use of the Office, the Services, municipal taxes applicable to the Office, Building and Premises management fees, electricity and water consumption, and uses of the public facilities made available by Mindspace to its users (kitchen, hot and cold beverages, etc.).
    3. Payments for Additional Services. Services exceeding the quota of the Services shall incur additional payment. 
    4. Means of Payment. Payments under this Agreement shall be made by a credit card, debit card or PayPal.
    5. Modification of Fees
      1. Mindspace shall be entitled to modify the Mindpass Fee or the tariff for any additional services at any time.
      2. Debts. Without derogating from any other remedy, in the event of any debt of a Customer to Mindspace, Mindspace shall be entitled to suspend any Services to the Customer and prevent its access to the Premises.

  • Term of the Agreement
    1. Termination for Convenience.
      1. An agreement for a Mindspace Pass cannot be canceled for convenience and no refunds shall be made for unused entries. 
      2. Notwithstanding the above, Mindspace shall be entitled to terminate this Agreement in the event that its lease agreement with the Premises’ landlord is terminated or suspended for any reason.
    2. Termination of the Agreement with Cause. Mindspace – and Mindspace only – shall be entitled to terminate this Agreement immediately in the following cases: (a) the Customer has become bankrupt, insolvent, goes into liquidation or is unable to pay its debts when due, or (b) the Customer had breached any of the Customer’s obligations under this Agreement and the breach was not cured within fourteen (14) days of the notice concerning the breach, or (c) the Customer or any other person or entity who was invited by the Customer to the Office was behaved in a manner inconsistent with Mindspace’s codes of conduct or otherwise terms of use on the Premises, as determined at the sole discretion of Mindspace, or (d) the Customer or any person on behalf of the Customer is being a nuisance to Mindspace or its customers, or creates a risk to any person health or safety, or imposes any other person engage in any illegal activities, or engage in any unlawful, defamatory, libelous, threatening, pornographic, harmful, hateful, racial, violent, offensive behavior or malicious cause damage to Mindspace or any other third party (e) the Agreement between Mindspace and the owners of the Premises has been canceled, ended, terminated or suspended for any reason whatsoever, or (f) the Customer has breached a legal obligation or duty.
    3. End of Term
      1. The Customer shall vacate the Office at 6pm on the specific day of use,  return the Office in an equivalent good condition as when the Customer received it, and free of any personal objects or items. The Customer shall not leave any personal items in the Office or at the Premisses. Access card given to the Customer on the day of service shall be returned to the front desk of the location no later than 6pm. Any lost or unreturned access cards shall be charged at the applicable rate of location.
      2. Mindspace shall not be responsible or otherwise liable for any personal property that shall be left by the Customer. Mindspace shall be entitled to dispose of the properties in any way Mindspace shall deem fit, without being responsible or otherwise liable to the Customer with respect to it.

  • Personal Data Protection 
    1. DATA PROTECTION
      1. In this clause:
        1. Data” means any data or information, in whatever form, which is owned, controlled, processed or stored by the Customer on the Mindspace systems and network;
        2. Data Protection Laws” means the European Directive 2002/58/EC and EU Regulation 2016/679 (the General Data Protection Regulation) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003), and all other applicable laws relating to the processing of personal data and privacy that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the relevant supervisory authorities; and
        3. the terms “appropriate technical and organizational measures”, “data controller”, “data processor”, “data subject”, “personal data”, and “processing” shall be interpreted in accordance with applicable Data Protection Laws.
      2. The parties agree that:
        1. the provisions of this clause (J) shall apply to any personal data which is included in the Data (“Relevant Data”); and
        2. the Customer is the data controller and Mindspace is the data processor in respect of any Relevant Data Mindspace processes in connection with this Agreement.
      3. Where required by Data Protection Laws, the parties shall amend this Agreement to include a description of the relevant processing activities to be carried out by Mindspace in relation to the Relevant Data (including the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data being processed, the categories of data subjects and the obligations and rights of the Customer as data controller) via a written amendment agreed and signed by both parties.
      4. Each party undertakes to comply in all material respects with all of its obligations under applicable Data Protection Laws which arise in connection with the processing of Relevant Data in accordance with the Agreement, and not to act in a way that causes the other party to be in breach of its own obligations under applicable Data Protection Laws.
      5. Mindspace agrees that it shall:
        1. only process Relevant Data in accordance with the Customer’s written instructions from time to time, including the provisions of this agreement, and shall promptly notify the Customer if, in Mindspace’s opinion, an instruction infringes applicable Data Protection Laws. If applicable law requires Mindspace to process Relevant Data for any other purpose it shall, where legally permitted, inform the Customer before carrying out such processing;
        2. ensure that any personnel required to access the Relevant Data have committed to keep it confidential or are under an appropriate statutory obligation of confidentiality;
        3. not give access to or transfer any Relevant Data to any third party, except Mindspace group companies, and except sub-processors provided that Mindspace (i) ensures that any engaged sub-processors shall abide by data protection requirements no less stringent than this Agreement and (ii) remains fully liable to the Customer for sub-processors acts or omissions in regard to their processing of Relevant Data. The Customer should note that Mindspace will sub-contract certain infrastructure relating to its Relevant Data processing operations to reputable Israel-based organizations. For further information or details of such organizations, the Customer should contact Mindspace ;            
        4. implement and maintain appropriate technical and organizational measures to protect Relevant Data against unauthorized or unlawful processing and against accidental destruction or loss, damage, theft, alteration, or disclosure and ensure that such measures provide a level of security that is appropriate to the risk to the Relevant Data;
        5. taking into account the nature of the processing being undertaken by Mindspace in connection with the Agreement, assist the Customer by implementing appropriate technical and organizational measures (in so far as is possible) to enable the Customer to fulfil its obligation to respond to requests from data subjects exercising their rights under applicable Data Protection Laws in relation to the Relevant Data;
        6. taking into account the nature of the processing being undertaken by Mindspace in connection with the Agreement and the information available to Mindspace, assist the Customer in compliance with its obligations in relation to the Relevant Data under Articles 32 – 36 (inclusive) of the General Data Protection Regulation;
        7. promptly refer to the Customer any queries in respect of Relevant Data from data subjects, supervisory authorities or any other law enforcement authorities for the Customer to resolve, and promptly provide such information to the Customer as it may reasonably require to allow such resolution;
        8. at the Customer’s request, provide all information reasonably necessary to demonstrate MINDSPACE’s compliance with this clause 19; on expiry or termination of the Agreement, upon the Customer’s request, securely destroy or return all Relevant Data to the Customer and delete existing copies (unless applicable law requires Mindspace to store the Relevant Data); and
        9. allow, and provide all reasonable assistance to enable, the Customer and its auditors or authorized agents to conduct audits or inspections for the purposes of verifying Mindspace’s compliance with this clause 19 and all applicable Data Protection Laws. Such audits or inspections may only be conducted once in any 12 months period (unless a Security Incident (as defined below) has occurred within the previous 12 months) and on not less than seven days’ prior written notice to Mindspace. Any such audit or inspection will be limited to records, processes and systems relating to the Relevant Data and will be conducted in a manner which does not disrupt Mindspace’s operations or prejudice duties owed by Mindspace to third parties.

The Customer hereby consents to the processing of the Relevant Data outside the European Economic Area. Relevant Data may be transferred in order for Mindspace to manage certain security processes such as access control and for disaster recovery purposes. Mindspace considers that such transfers will be necessary for the efficient and effective performance of Mindspace’s obligations under the Agreement.

  1. If Mindspace becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, disclosure of or access to any Relevant Data that it processes in connection with this Agreement (a Security Incident) it shall promptly, but in all cases within three days, notify the Customer and provide the Customer with all reasonable assistance and cooperation that it requires in connection with the Security Incident.
  2. For the avoidance of doubt, where a third-party processing Relevant Data on behalf of Mindspace, including any Mindspace group company or subcontractor fails to fulfil its obligations under any sub-processing agreement or any applicable Data Protection Laws, Mindspace shall remain fully liable to the Customer for the fulfilment of Mindspace’s obligations under this Agreement.
  1. Mindspace’s data protection officer is MyEDPO, which may be contacted at [email protected]; +972 3 720-7767 (Israel working hours). 

  • Additional Terms
    1. The Mindspace entity which is a party to this Agreement, is as follows:
      1. Israel locations – Mindspace Ltd.
      2. Germany locations – Mindspace Germany GmbH
      3. Netherlands locations – Mindspace Benelux B.V.
      4. Romania locations – Mindspace Co-Working Srl
      5. Poland locations – Mindspace Poland S.A.
      6. London Appold location – Mindspace Properties Appold L.P.
      7. London Hammersmith location – Mindspace London Limited
      8. DC location – Mindspace DC 1301 LLC
      9. SF location – Mindspace SF 575 Market LLC
      10. Philly location – Mindspace Wanamaker LLC
    2. The Customer shall not make any changes or modifications to the Office and shall not cause any damages to the Office.
    3. The Customer or anyone on his behalf shall not conduct any act that may be disruptive, unlawful, defamatory, libelous, threatening, pornographic, harmful, hateful, racial, violent, or offensive or act of disorderly nature or any act causes trouble or inconvenience. The Customer hereby agrees to act in accordance with the regulations and codes of conduct of Mindspace as applicable from time to time, and these shall constitute an integral part of this Agreement. A copy of the codes and regulations shall be posted on the website of Mindspace and shall be available for review at Mindspace’s Offices.
    4. The customer shall refrain from any conduct in the Office that might result in a nuisance or other annoyance of any kind to other people or to property at the Premises.
    5. The Customer undertakes to strictly observe that any person or entity on its behalf shall obey by the provisions of this Agreement.
    6. The Customer acknowledges that pictures and images of Premises and Customer’s Office may be taken, which may or may not include persons, including the Customer. The Customer hereby authorizes Mindspace the use of such images and pictures for its advertising, marketing, promoting or other similar uses.
    7. The Customer acknowledges that it is aware that Mindspace may hold events in the open space area at any time under Mindspace sole discretion and shall not have any claim in this matter. Mindspace shall be authorized to withhold Services, to restrict access to the open space area and to move furniture—as it sees fits—for this purpose. The Customer is not entitled to host any public event in the Premises.
    8. Mindspace shall be authorized to publish the Customer’s name and to use its logo and trademarks on the Mindspace’s site, website, mobile application and other advertisements on its behalf and in confidential materials prepared for shareholders/members/prospective shareholders.
    9. The Customer must not use the Mindspace name or trademark in any way in connection with Customer business without the express written consent of Mindspace.
    10. The Customer acknowledges and agrees to provide its name and contact details to third party contractors and service providers with whom Mindspace had contracted for the sole purpose of receiving benefits or any other services for the Customers. The Customer may notify said third party it demands removal of its details from the mailing lists.
    11. The Customer, in its name and on behalf of other person or entity on its behalf including the Customer’s employees and agents and its guests, hereby irrevocably waive all claims and rights against Mindspace and any entity associated with it, with respect to personal injury or damage, destruction, theft or loss of property or body injury, all to the maximum extent permitted by law, whether or not said lost or destruction is the result of malfunctions of the building or any of its systems. The Customer agrees and acknowledges that Mindspace shall not be responsible for insuring of the Customer’s property or injuries and shall not be responsible or liable for any damage, injury and loss of any kind.
    12. The aggregate financial liability of Mindspace or of the entities associated with it towards the Customer or the Customer’s guests or participants for any reason and for any activity shall not exceed the total Mindpass Fees actually paid by the Customer to Mindspace under this Agreement. Mindspace and the entities associated with it shall in no event be liable for any indirect, circumstantial damages or for loss of profit or other commercial opportunities.
    13. The Customer releases Mindspace from any liability arising from any act or omission of the Customer’s related persons. The Customer shall indemnify Mindspace and the entities related to it in connection with all liabilities, expenses, damages, or other of whatever kind, arising from any claims or demands by Customer’s related persons.
    14. The Customer is the exclusive responsible and liable for any damage caused by a pet brought by the Customer or Customer’s related persons.
    15. Mindspace does not control and is not responsible for the actions of other customers. If a dispute arises between the customers or any of the Customer or its visitors, Mindspace shall have no responsibility or obligation to participate, mediate, take action or indemnify any party in connection to the said dispute. 
    16. Mindspace shall have a right of entry to the Premises and Office without a prior notice, for purposes of carrying out maintenance services, security or safety. In such cases Mindspace may temporarily move furniture.
    17. The Customer acknowledges that it is aware that in the event that Mindspace shall be legally obligated to provide information to an authority regarding Customers or users, it shall be entitled to do so, and neither the Customer nor its visitors shall have any claim in this regard.
    18. This agreement grants the Customer personal right of use only at the Office and to receive the Services, as specified hereinabove. No tenancy or lease relationship shall exist between the parties, nor shall the Agreement grant to the Customer any proprietary or contractual right in the Offices.
    19. The Customer shall use Common Spaces temporarily, reasonably and without any interference to the use by any other person. The Customer shall not store any of its property or materials in the Common Spaces.
    20. The Customer acknowledges and agrees that security cameras are installed in the Office space, Common Space and open space area. The Customer shall not request and Mindspace shall not have any obligation to maintain or provide the Customer any Premises photos, photographic records, video films or other security video films.  
    21. This Agreement is subject to the agreement between Mindspace and the owners of the Premisses and to the management agreement and building regulations. In the event of a conflict between the provisions of this Agreement with the landlord agreement and building regulations, or with and any other relevant agreement, the provisions of these agreements and regulations shall prevail. In the event of termination of the landlord agreement for any cause, this Agreement shall terminate on that same date, and the Customer shall not have any claims in this regard.
    22. The Customer is not entitled to assign its rights, duties or obligations (or any part thereof) under this Agreement to any third party whatsoever or to grant rights of use in or to the Offices or any of the Services to any third parties. It is hereby clarified that the Customer is not entitled to sublease its Office or any part thereof. In the event of such assignment or grant, Mindspace shall be entitled to terminate this Agreement immediately, in addition to any other available relief or remedies. However, Mindspace shall have the right to assign or to pledge its rights under this Agreement to any third party, without the consent of the Customer, and shall notify the Customer in connection with said assignment, provided the rights of the Customer under the Agreement shall not be undermined.
    23. The Customer undertakes, as long as this Agreement shall be in force and effect and for a period of six months following its termination, not to solicit or offer employment to the managers, employees, representatives of subcontractors or agents of Mindspace.
    24. The Customer hereby agrees and acknowledges that any local Keepers Law shall not apply to the parties’ relationship hereunder and in any event and Mindspace shall not be held liable under its terms.
    25. Nothing herein contained shall be deemed to create or establish an employment, agency, joint venture, or partnership relationship between the parties or any of their agents or employees, or any other legal arrangement that would impose liability upon one Party for the act or failure to act of the other Party.
    26. The Customer agrees to receive emails and messages communication from Mindspace which may include promotional content. The Customer may opt out of receiving promotional messages from Mindspace by following the instructions in those messages. If the Customer opts out, Mindspace may still send the Customer informative communications, such as those about the Customer account, about services the Customer requested, or Mindspace ongoing business relations. 
    27. All terms of this Agreement are strictly confidential. The parties are prohibited to disclose any term without the other party’s written consent, unless disclosure is required by a competent authority by law, provided a prior notice of 7 days was given thereof to the other party (unless such notice was prohibited by said authority). This obligation shall apply perpetually including after the termination of the Agreement.
    28. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither Customer nor Mindspace will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

 

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