THE ACCEPTANCE OF THIS CONTRACT HAS THE CONSEQUENCE THAT THESE TERMS AND CONDITIONS ARE MANDATORY AND BINDING FOR ALL USERS OF THE WWW.PASSWORK.MX PORTAL OR THE MOBILE APPLICATION AND RELATED SITES ACCESSED THROUGH SAID WEBSITE (TOGETHER, THE “PASSWORK PLATFORMS”)
ANYONE WHO DOES NOT AGREE WITH THEM MUST REFRAIN FROM USING THE MOBILE APPLICATION AND/OR ANY OTHER PASSWORK SERVICE.
These general terms and conditions of use (the “Terms and Conditions”) regulate access to and/or use of the PASSWORK.MX website or the mobile application and related sites accessed through said website (together, the “Passwork Platforms”), owned by PASSWORK EL ACCESO A TU OFICINA, S.A.P.I. DE C.V., (hereinafter “PASSWORK”) a Mexican company, legally constituted in accordance with the laws of the United Mexican States, with registered address at Calle Montes Urales No. 455, First Floor, Col. Lomas de Lomas Chapultepec V section, Miguel Hidalgo Mayor's Office, C.P. 11000, Mexico City, and is duly registered in the Federal Taxpayers Registry under the code PAT210827730.
It is a Platform that allows the user to find the ideal workspace for their needs within the spaces published within it. PASSWORK offers the user access to several Business Centers with a single membership. By purchasing the membership of their choice, users will have access to all the Business Centers that are affiliated and within the Platform in the Mexican Republic and will be able to reserve meeting room and Co-Working spaces.
Any person who accesses and/or uses and/or browses the Passwork Platforms tacitly accepts and is subject to these Terms and Conditions, therefore, they will be given the status of “User”, which implies acceptance of the Policies, Notices and principles that govern PASSWORK and that are incorporated into these Terms and Conditions.
By accepting these Terms and Conditions, the User declares: (i) That he has read and understands the legal scope of what is established in these Terms and Conditions; (ii) That he is a person with full capacity and age to, where appropriate, contract the services of PASSWORK in accordance with current and applicable legislation; (iii) He has not been previously suspended and/or disabled, temporarily or permanently, to use the portal services; and (iv) That he will be bound by the provisions of this Terms and Conditions document.
Individuals who are unable to contract cannot use the Passwork Platform Services, including: incapacitated, underage, and/or those who have been suspended or disabled by PASSWORK to use the Passwork Platforms.
If you use or access any of PASSWORK's physical spaces or services, the user and/or person who makes use of such space and/or services is subject to PASSWORK's terms and conditions for such purposes.
USER ACCOUNT.
The user has the essential condition of creating a user account in order to be able to purchase the membership of their choice individually or for business. To obtain their account, the user must be at least 18 years old, and provide PASSWORK with information such as name, address, telephone number and a valid payment method.
Once the required information is provided, you must create a username and set a password, once these steps have been completed, the account will be created and activated and you will be able to browse the Passwork Platforms.
The user undertakes to keep their account information truthful, accurate, complete and updated. The use of the account is personal and non-transferable, so the user undertakes not to transfer their account. The user will be solely responsible for the activities that occur in their account and are obliged to keep it safe and secret at all times.
By creating the account, the user is accepting their expression and express acceptance of these Terms and Conditions.
The user can create an account for free, however, if they wish to attend the Business Centers or Co-working, which are offered on the Passwork Platforms, they must purchase a membership that fits their needs.
By purchasing a membership, the user will have access to everything included in the chosen membership, to reserve the Co-Work workspaces they wish to attend. You'll also have the opportunity to book meeting rooms with whatever credits you have available.
In the event that there are modifications to the contract, PASSWORK will immediately inform the user for the purpose of being able to count on their acceptance.
PASSWORK reserves the right to make, at any time and without prior notice, any modification or update to its content and services in general, as well as to any elements that make up the design and configuration of the Passwork Platforms.
Continued use of the Passwork Platforms after the publication and notification to the user of any changes to the Terms and Conditions constitutes acceptance of those changes.
MEMBERSHIPS
Every User who belongs to the community will have access to the facilities of the affiliated Co-Working and to the benefits inherent to the members of the community. The modalities under which the User can become a member of the PASSWORK community will be subject to the subscription of the memberships listed below and with the following characteristics:
PASSWORK PRIME membership: Includes 4 (four) Co-Working accesses per month and 2 (two) credits for meeting rooms.
PASSWORK PRIME PLUS membership: Includes 8 (eight) Co-Working accesses per month and 2 (two) credits for meeting rooms.
PASSWORK ELITE membership: Includes unlimited Co-Working access and 4 (four) meeting room credits.
For better interpretation,
Co-Working Access (s) refers to the use of Co-Working facilities provided by Business Centers affiliated with PASSWORK. The user will be able to access Co-Working and 1 (one) access will be deducted from their access bag, for each reservation through the Mobile Application.
Credits for meeting rooms are used to reserve meeting rooms within the Business Center, the credit cost of meeting rooms is shown on the reservation page of each meeting room once the Business Center has been selected.
The user may change their membership and purchase credit packs if they require additional credits to those included in their membership.
Users who wish to make use of private offices, as well as meeting rooms that are not located within the Mobile Application or website of the various Business Centers, will have an extra cost than the membership and must contract directly with the Business Center, however, if the user no longer wishes to use the room together that he has reserved, he is obliged to cancel it at least 24 hours in advance, making him aware of the business center where the reservation was made. In this regard, it is important to highlight that users will be subject to the guidelines set by each business center.
Users will also be able to purchase additional credits, which they need to book meeting rooms in the Business Center Network offered by PASSWORK. Prices will be determined from time to time and subject to different Business Centers. If the user has made a reservation to use a meeting room within the Business Center Network offered by PASSWORK and the user wants to cancel it, they must do so at least 24 hours in advance, otherwise the meeting room will be charged together with a penalty of 10% of the cost of each reservation.
The term of memberships, as well as access and credits, will be valid for 1 (one) month. That said, we do not accept returns, or claims for memberships, accesses and credits, that the user has not used in the corresponding month of validity.
The subscription of the membership may be carried out under monthly or annual contracting schemes of your choice through the Website. The renewal of the corresponding subscription will be automatically generated for the same initial subscription period and can be canceled by the user at any time, however it is important that it be canceled at least 48 hours before the cut-off date of the subscription, that is, before the recurring charge is generated to the card provided by the user.
The subscription and membership fee are not refundable for any reason. The membership fee is automatically renewed every month. The month begins on the day the user signs up and ends on the same day of the next month, and at the end of the month the membership is automatically renewed.
PASSWORK may change prices and services at its sole discretion.
CANCELLATION OF MEMBERSHIP:
Memberships can be canceled at any time, however, it is important that you cancel at least 48 hours before the next month break so that you are not charged for the next month. When canceling the subscription, the user can continue to use the hours of the current month until the day the month is changed.
4.2.- SERVICES
PASSWORK is a platform that allows the user to find the ideal workspace for their needs within the spaces published on the platform, offering the user access to different workspaces with a single membership. By purchasing the membership, users will have access to all the coworking spaces found on the platform throughout Mexico and will be able to reserve spaces such as meeting rooms, private offices and events at an extra cost.
4.3 PAYMENT AND BILLING TERMS
The subscription of the membership will generate a cost, which will be determined according to the type of membership contracted by the User (“Charges”). Applicable Fees will be automatically charged by PASSWORK at the time of the subscription and/or its respective renewal. The applicable Charges will be made to the credit and/or debit card and/or through any other form of payment accepted by PASSWORK, which, if applicable, the user provides in the registration form.
The Charges include applicable taxes. The Charges will be final and non-refundable, unless otherwise determined by PASSWORK. If it is determined that the payment method for the main account has expired, is invalid or otherwise does not serve to make the payment, the user agrees that PASSWORK will use a secondary payment method on the account, if available. Otherwise PASSWORK may, at its sole discretion and without any responsibility, restrict, block, and/or suspend access to the benefits granted as a member of the community, for lack of timely payment.
In accordance with the provisions of the Privacy Notice, the credit and/or debit card details provided in the Registration Form will be sent to the payment provider company responsible for storing such User data. The User must access or may be redirected to the payment provider's platform through the link provided for this purpose in the Registration Form. In addition, as provided in the Privacy Notice, the User's bank details to which PASSWORK has access will be treated through the use and implementation of security measures, in order to prevent any damage, loss, alteration, destruction, unauthorized use, access or treatment, without PASSWORK being responsible for any act carried out by third parties, including, but not limited to, violation of the security measures established by PASSWORK or the third party provider of the payment system.
For these purposes, all transactions carried out by the user will be carried out through Stripe.
INVOICING
When the User requires billing, they must request it through the Passwork Platforms when providing the data in the Purchase form, or failing that, to the email Admin@passwork.mx, as determined by PASSWORK, providing the information and documentation that PASSWORK requires. Any invoice must be requested no later than the last day of the month in which the purchase was made, otherwise this charge will be invoiced generically.
ACCESS TO PASSWORK PLATFORMS.
Access to the Passwork Platforms is public and free, except for charges for connecting through the telecommunications network provided by the User's contracted access provider (ISP), which will be at your sole expense without any responsibility for PASSWORK.
ACCESS TO THE DIFFERENT WORKSPACES.
PASSWORK is not responsible for the safety protocols as well as for the cleaning and social distancing measures provided by each work space, however we are committed to ensuring that each work space provides the best care for users, which is why the regulations of each work space will be added as an annex to this contract for the purpose of having a healthy coexistence and good performance of user activities.
Once a membership has been purchased, the user will be entitled to a certain number of accesses according to the type of membership chosen, which they can use for reservations to the Co-Work, from the different Business Centers and they can reserve meeting room spaces with credits. In order to attend such establishments, the user must follow the procedures and rules established by external providers, including but not limited to:
It will be subject to the availability of the workspace.
The different workspaces will set the schedules.
Workspaces may request additional information.
Likewise, the user declares, under protest to say the truth, that the activities he will carry out within the centers where he makes his reservations will be completely in accordance with the law, that is, at no time will there be illegal activities. In this same vein, the user undertakes and undertakes to pay for the memberships of their choice, always with resources of legal origin.
PROTECTION OF PERSONAL DATA.
For the contracting of services and/or contact, PASSWORK will request from Users the information and documentation required in terms of the privacy notice located in the following paragraph of these terms and conditions.
PRIVACY AND INFORMATION SECURITY NOTICE
PASSWORK undertakes to comply, in the operation of the Passwork Platforms, with the requirements of the PASSWORK Privacy Notice set out below:
Respect the privacy of users.
Commit to resolving complaints related to privacy and data collection that may be generated by the user.
The Passwork Platforms may include links to third-party websites, for your convenience or for informational purposes. If the user gains access to such links, they will leave the Passwork Platform (s), which is why we are not responsible for those sites, since PASSWORK does not control those sites, nor does their privacy practices, which may differ from PASSWORK's practices. The personal data that the user chooses to provide on those third-party sites, or that are collected by those third parties, is not included in the PASSWORK Privacy Statement. We recommend that the user review the Privacy Notice of any company before submitting their personal information.
If the user posts, comments or shares comments such as satisfaction with the service, shares personal information, photographs, recommendations, etc. he must bear in mind that he accepts that PASSWORK can publish it at any time and it can be read, viewed, collected and used, among others.
In addition to the information that the user provides directly to PASSWORK, the latter may collect additional information during their visit to the website or mobile application through our Automated Data Collection Tools, including, but not limited to, web beacons, cookies and integrated web links. These tools collect certain traffic information that the user's browser sends to a website, such as the type of browser, the language, the times of access and the address of the website from which it comes. They can also collect information about the user's Internet Protocol (IP), their behavior related to where they click (that is, the web pages the user visits, the links they click on and other actions they take in connection with the Passwork Platforms or other websites used) and also about product information. An IP address is a number that is automatically assigned to an electronic device, each time it browses the network, allowing network servers to locate and identify the electronic device. Electronic devices use IP addresses to communicate on the Internet, allowing users to browse and make purchases. PASSWORK may also use some of these Tools to Automatically Collect Data in connection with certain email messages sent from PASSWORK and, therefore, PASSWORK may collect information using these tools when you open the email or click on a link that appears in that email.
All of the user's personal information will be treated with the highest security standards.
GENERAL RULES FOR THE USE OF PASSWORK PLATFORMS.
The services offered on the Passwork Platforms are aimed exclusively at people of legal age.
The User declares, guarantees and declares for all applicable purposes, that they are of the age required by applicable and current legislation to conclude a binding, fully valid and effective contract, and that all the information they may provide is and will be accurate, truthful and that they will keep it up to date.
The User undertakes to use the Passwork Platforms and all their content and services in accordance with applicable laws and these Terms and Conditions. In addition, it undertakes to make appropriate use of the services and/or contents of the Passwork Platforms and not to use them to carry out activities that are illegal or constitute a crime, that violate the rights of third parties and/or that violate the regulations on intellectual and industrial property or any other rules of the legal system that may be applicable.
By way of example, and in no case limiting, the User undertakes to:
Do not introduce or disseminate content or propaganda of a racist, xenophobic or, in general, discriminatory, pornographic, advocating terrorism or that attacks, violates or could attack or violate human rights.
Do not introduce or disseminate data programs (viruses and/or harmful software) on the network that are likely to cause damage to PASSWORK's computer systems, its suppliers, third parties or, in general, any user of the Internet network.
Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
Do not transmit unsolicited or authorized advertising, advertising material, “junk mail or spam”, “chain letters”, “pyramid structures” or any other form of request, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose through an express communication from PASSWORK, duly and timely communicated on the Passwork Platforms.
Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
Do not disseminate, transmit or make available to third parties any type of information, element or content that violates the intellectual and industrial property rights, patents, trademarks or copyrights that correspond to PASSWORK or third parties.
Do not disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation and, in general, all legal regulations that regulate the protection and promotion of respect for the private life and privacy of individuals and their families.
The User undertakes to leave in peace and security, and to compensate PASSWORK, against any possible claim, fine, penalty, sanction or compensation of any nature, derived from the User's breach of any of the rules of use indicated above, and reserves the right to request compensation for damages that may apply to him.
PASSWORK reserves the right to block those Users that PASSWORK considers to be making inappropriate use of the Passwork Platforms or who, in its opinion, do not respect the observations and prohibitions provided for by these Terms and Conditions.
LIMITATION OF LIABILITY.
PASSWORK does not guarantee continuous and uninterrupted access and use of the Passwork Platforms. These may eventually not be available due to technical difficulties or internet failures, or due to any other circumstance beyond and not attributable to PASSWORK. In such cases, an attempt will be made to restore the site as quickly as possible without being held responsible for this. PASSWORK will not be responsible for any errors or omissions contained in the Passwork Platforms.
In any case, it is up to the User to have adequate tools to detect and disinfect harmful computer programs.
PASSWORK is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that result in the suspension, cancellation or interruption of the Passwork Platforms service during the provision of the same or previously.
PASSWORK reserves the right to cancel any information published through the Passwork Platforms without notice and for any reason, when at its sole discretion it considers that all of the guidelines established in the Terms and Conditions have not been complied with.
INTELLECTUAL AND INDUSTRIAL PROPERTY.
All the contents of the Passwork Platforms, meaning, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the property of PASSWORK or third parties, without it being understood that they have been transferred to the User or that rights of use or exploitation have been granted to them.
Trademarks, trade names or distinctive signs are the property of PASSWORK or third parties, and it cannot be understood that access to the Passwork Platforms confers any right over them.
NULLITY AND INEFFECTIVENESS OF THE CLAUSES.
If any clause included in the Terms and Conditions is declared totally or partially null or ineffective in any of the jurisdictions in which PASSWORK has a presence, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, with the Terms and Conditions remaining in everything else, such provision being considered totally or partially not included or applicable in that jurisdiction.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.
These Terms and Conditions will be governed and interpreted by the federal legislation in force in the United Mexican States. Any dispute arising from this document, its existence, validity, interpretation, scope or compliance, will be subject to federal laws and to the Competent Courts of Mexico City, in the United Mexican States.
For the interpretation, compliance and execution of these Terms and Conditions, the parties submit to the jurisdiction of the Competent Courts of Mexico City, United Mexican States, thus waiving any jurisdiction that may apply to them by reason of their present or future address.
