General terms and conditions
Acceptance of the terms of use
By accessing, browsing and/or using the European Academic Coworking Network website (henceforth, the "website"), you agree to these Terms. In addition, when using certain EACN services, you are also subject to the rules or FAQs applicable to those services, which may be posted and amended from time to time.
EACN Membership
Membership Conditions
Membership to the EACN is eligible for members (students and staff) that are members of a higher education institution (HEI) that has a coworking space that is either run or affiliated to it and which is a member space of the EACN network. Membership and usage of the EACN is free of charge. Users of the EACN are entitled to use a workspace in a EACN member coworking space. In turn, each EACN member space needs to offer at least one free workspace for students affiliated to a HEI that has an EACN member space. You must be at least 18 years of age to become an EACN user.
The EACN cannot guarantee that each EACN member coworking space has an unoccupied workspace at each point in time. It may be the case that a workspace is already taken by another EACN user.
Users cannot transfer workspace reservations to others, including other EACN users.
Membership Duration
Your EACN membership is active as long as you are actively affiliated to your HEI. Hence, as long as you have an active e-mail address that affiliates you to your HEI. Membership expires once your affiliation to your HEI expires, e.g., through completion of your studies or termination of your work contract with your HEI. The membership does not end, if you decide to temporarily interrupt your HEI affiliation (e.g., during a leave semester). However, it does end if you end your studies.
Other Fees
Basic membership to the EACN and workspace usage in an EACN member coworking space is free of charge. However, the EACN member coworking space may impose additional fees for services other than workspace provision (e.g., the use of tools, food and beverage consumption, meeting room reservations).
Termination of your EACN membership
With using the EACN, you agree that we at own discretion and without cause, can terminate your EACN account (or any part thereof) with or use of the site and remove and dispose of all or part of your account or any content uploaded by you at any time.
The EACN may also, in its sole discretion and at any time, terminate your access to the site or any part thereof with or without notice. You agree that any termination of your access to the site or any of your accounts or any part thereof may be effected without notice, and you agree that the EACN shall not be liable to you or to any third party for any such termination.
EACN member workspace waivers and conditions
EACN users that book a workspace in an EACN member space agree that they adhere to the terms and conditions and other rules and conditions of the EACN member space they are using. EACN users further agree that they may be expelled or temporarily or permanently banned from the EACN member space or any parts of it if they fail to oblige to these rules and conditions. If you have any further questions regarding the terms and conditions and other rules of the EACN member space you want to visit, please refer to the website of the EACN member space or contact its management.
Account information
You agree that the information you provide to the EACN upon registration and at any other time is true, accurate, current and complete. You also agree to ensure that this information is always correct and up to date. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
Privacy
Your privacy is important to us. The EACN privacy policy can be accessed here: https://eacn.network/privacy and will hereby be included in these terms and conditions. Please read the privacy policy thoroughly to inform yourself about the collection, usage, and disclosure of your personal data through the EACN.
Forbidden actions
You agree to refrain from the following: Harass, threaten, disrupt or defraud any user, member or administrators of the EACN or the EACN member coworking spaces or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment; make unsolicited offers, advertisements or suggestions or send junk mail or "spam" to users; impersonate another person or access another user's account without that person's permission; share EACN passwords with third parties or solicit other users to do so; allow third parties to use check-ins that you have purchased under your own membership, including those of other users; misrepresent the source, identity or content of any information transmitted through the Site, including the deletion of copyrights or other proprietary rights; upload material (e.g., viruses) that may be harmful to your computer or other property. material (e.g. viruses) that is harmful. Upload material (e.g., viruses) that damages EACN member workspaces' or users' computer systems or data; upload copyrighted material that is not your own or that you do not have the right to distribute, display or otherwise make available to others; or upload or send pornographic, threatening, embarrassing, hateful, racially or ethnically offensive, defamatory or otherwise inappropriate content to users of the EACN website.
Forbidden usages
Those who choose to access the EACN website do so on their own initiative and are responsible for compliance with all applicable laws.
As a condition of your use of the EACN website, you may not use the website for any purpose that is unlawful or prohibited by these terms. You may not use the EACN website in any manner that could, in our sole discretion, damage, disable, overburden, or impair the EACN website or interfere with any other party's use and enjoyment of the EACN website. You may not attempt to gain unauthorized access to the Site or any portion of the Site, other accounts, computer systems or networks connected to the EACN website, or interfere or attempt to interfere with the proper working of the EACN website or any activities conducted on the EACN website, through hacking, password mining or any other means. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the EACN website, features that prevent or restrict the use or copying of any content accessible through the EACN website, or features that enforce limitations on the use of the Website or the content contained therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to modify the EACN website in any way or form or to use modified versions of the EACN website, including (without limitation) to gain unauthorized access to the EACN website. The EACN website may contain robot exclusion headers. You agree that you will not, without our express written permission, use any robot, spider, scraper or other automated means to access the EACN website for any purpose or circumvent our robot exclusion headers or any other measures we may employ to prevent or restrict access to the EACN website.
The EACN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
User feedback
If you submit comments, bug reports, feedback or changes you suggest or encourage to the EACN website ("Feedback"), The EACN shall have the right to use such Feedback as it sees fit, including but not limited to incorporating the suggested changes into the EACN website. You hereby grant the EACN a perpetual, irrevocable, non-exclusive license with all rights necessary to incorporate and use your Feedback for any purpose.
Ownership and property rights
The EACN website is owned and operated by EACN. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including downloadable software), services and all other elements of the EACN website provided by the EACN ("Materials") are protected by local copyright, trade dress, patent and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws. Except for Content uploaded by you, all materials contained on the EACN website are the copyrighted property of the EACN or its subsidiaries or affiliates and/or third party licensors. All trademarks, service marks and trade names used by us on the EACN website are proprietary to the EACN or its partners (e.g., EACN member coworking spaces). Except as expressly authorized by the EACN or its partners, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Communication with the EACN
Messages will be sent to the e-mail address you provided to the EACn when you registered. Notifications can be sent to the EACN at the e-mail address info@eacn.network. Notice will be deemed given 48 hours after the email is sent, unless the sender receives an automatic electronic notification that the notice was not successfully received. Notwithstanding the foregoing, we may send legal notices to you by post to the address provided at the time of registration. In this case, the notice will be deemed to have been received three days after the date of posting.
Disclaimer
Coworking areas, meeting rooms and other products and services offered through the EACN website are offered and provided by third parties (and the descriptions of the foregoing published on the EACN website are provided by such third parties), not by the EACN. You agree that your visit to or use of any such coworking space, meeting rooms or other products and services is solely at your own risk. In no event shall the EACN be liable for any injury, loss, claim, damage or special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, arising out of or in any way connected with a user's participation in or use of a coworking space, meeting room or other service or product, or for the performance or non-performance of any provider in connection with the Services. The EACN is not otherwise affiliated with, nor is it an agent of, any workspace with which a user has made a reservation or visits. Without limiting anything herein, the EACN disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose in connection with any coworking space, meeting room or other services offered by workspaces through the website.
Unless expressly stated otherwise by the EACN, the EACN website and any downloadable software, content, services or applications provided in connection with or through the Website are provided "as is" and "as available" without warranty of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, One Coworking, its suppliers and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
Except as otherwise expressly stated by the EACN, its suppliers and partners make no warranty or representation (i) that the EACN website and any downloadable software, content, services or applications provided in connection with or through the EACN website will be uninterrupted or error-free, that defects will be corrected, or that the EACN website and any downloadable software, content, services or applications provided in connection with or through the EACN website will be error-free, or applications made available in connection with or through the EACN website or the server that makes them available are free of viruses or other harmful components, or (ii) as to the use of the EACN website and any downloadable software, content, services or applications made available in connection with or through the EACN website, as to correctness, accuracy, reliability or otherwise. You acknowledge and agree that any material or data downloaded or otherwise obtained through the use of the EACN website is done at your own discretion and risk and that you will be solely responsible for any injury, loss or damage, including damage to your computer system or loss of data, that results from the download of any such material or data.
Refusal
No provision of these Terms may be waived except by a written instrument executed by the party entitled to such provision. The failure of a party to require performance of any provision of these Terms at any time shall in no way affect that party's right to enforce that provision at a later time. No waiver of any breach of any provision of these Terms shall be construed as a continuing waiver of any other breach of the same or any other provision of these Terms.
Limitation of liabilities and damages
Nothing in these Terms and Conditions (including, but not limited to, the "Disclaimers" above and the limitations of liability below) is intended to exclude or limit any liability we may have to you under applicable law. This includes liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation. However, it is acknowledged that we accept no liability for the negligence of any third party, including an EACN member coworking space, where you may use a workspace. Information about your rights can be obtained from your local Citizens Advice Bureau or Trading Standards office.
Under no circumstances, including, but not limited to, negligence, shall the EACN or its affiliates or third-party partners be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising out of or relating to the use of the EACN website, including those arising out of the use of or inability to use the materials on the EACN website or any other interaction with the EACN, even if the EACN or an EACN authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the EACN's liability shall be limited to the maximum extent permitted by law.
Dispute settlement
If a dispute arises between the EACN and you, our goal is to provide you with a neutral and cost-effective way to resolve the dispute quickly. Accordingly, you and the EACN agree that the parties will resolve any claim or dispute at law or in equity arising out of this Agreement or the Site (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly recommend that you first contact the EACN directly to find a solution. The EACN will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as an alternative to litigation.
Other
Choice of law
These Terms and Conditions shall be governed in all respects by the laws of Germany, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against the EACN must be resolved by a court located in Germany, unless otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Germany for the purpose of litigating any such claim or dispute.
Separability
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Categories
The references to the headings are for convenience only, do not form part of these Terms and Conditions and shall not be deemed to limit or affect the provisions of these Terms and Conditions.
Entire agreement
This (including the documents referenced herein), as amended from time to time, constitutes the entire agreement between you and the EACN with respect to the subject matter described herein.